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Wildwood City Zoning Code

SECTION 415

510 Planned Residential Development "PRD" Overlay District.

[R.O. 1997 § 415.510; Ord. No. 1324 App. A § 1003.187, 8-14-2006; Ord. No. 2421, 1-14-2019]
A. 
Scope Of Provisions. This Section contains the Planned Residential Development ("PRD") District procedure and standards. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter, which are incorporated as part of this Section by reference.
B. 
Statement Of Intent. The "PRD" is an alternative to conventional land use regulations that integrates use, density, and site plan considerations through a two (2) step review process. The specific purposes of the "PRD" District and procedure are to:
1. 
Allow flexibility and encourage innovation in land use development, while promoting appropriate land use;
2. 
Improve the design and quality of new development with respect to spacing, heights, setbacks of buildings, densities, open space, and circulation elements;
3. 
Facilitate economic and energy efficient subdivision design with respect to the provision of streets, utilities and community facilities;
4. 
Encourage diverse urban developments that make available adequate housing opportunities for varying income levels;
5. 
Encourage allocation and improvement of common open space in residential areas and provide for maintenance of the open space at the expense of those directly benefiting from it;
6. 
Preserve and enhance important or unique site characteristics, such as natural topography, vegetation and geologic features, and prevent soil erosion, and control the flow of stormwater;
7. 
Preserve existing trees and vegetation;
8. 
Promote development patterns in harmony with surrounding neighborhoods and consistent with the goals and objectives of the City of Wildwood's Master Plan.
C. 
Applicable Zoning Districts — Minimum Acreage. The planned residential development procedure may be utilized for developments containing a minimum of six (6) or more acres in the "NU," "R-1," "R-1A," "R-2," "R-3," "R-4" and "R-6A" Residence Districts and, within the Town Center boundary, a minimum of five (5) total units.
D. 
Modification Of District Regulations. The "PRD" District procedure may be utilized to modify otherwise applicable underlying district regulations by authorizing any of the following development types and authorizing modification to any of the following district standards:
1. 
Any residential use and supporting community facilities.
2. 
Any non-commercial use permitted in the zoning district within which the planned residential development is overlaid. The area and yard requirements for non-dwelling uses shall not be diminished unless authorized by the ordinance approving the planned residential development.
3. 
Lot area, lot dimensions, setbacks, setback uses, tree canopy requirements and height requirements shall be as established in the ordinance authorizing the planned residential development with the following restrictions:
a. 
Height limitations for structures may be modified by the Planning and Zoning Commission with respect to any structure proposed in an application for a planned residential development, provided that any residential structure exceeding three (3) stories in height or thirty-five (35) feet shall be set back from all planned residential development boundary lines at least one (1) additional foot for each foot of height above thirty-five (35) feet above the average finished ground elevation at the perimeter of such structure.
b. 
Setbacks along boundary lines of a planned residential development and off-street parking requirements applicable in any district shall in no event be diminished. Open parking spaces may be required to be depressed below the grade of the remainder of the property or screened by walls, fences or plant material or by both methods in order to preserve and complement the general character of any existing developments on adjacent properties.
c. 
No authorized minimum lot size shall be less than fifteen thousand (15,000) square feet in the suburban residential area or such other minimum amount as may be authorized by the Master Plan or any amendment endorsed by the Council.
d. 
No lot in a "PRD" located within a "NU" Non-Urban Residence District or within the non-urban areas established by the Master Plan shall be less than one (1) acre in size.
4. 
Design specifications for public and other required improvements.
E. 
Limited Authority To Modify Other Development Regulations. In approving a "PRD," the City Council may change, alter, modify or waive any other provisions of this Chapter, Chapter 420, Subdivision and Development Regulations, or of other development regulations as they apply to the proposed planned residential development. No modification under this Subsection shall occur, except where necessary to avoid substantial practical difficulties particular to the site, where the Council has made a specific finding to this effect and where all other requirements for modification have been satisfied, including the standards in Subsection (F).
F. 
Standards For Modifications. No change, alteration, modification or waiver authorized by Subsection (D) or (E) shall authorize a change prior to review of such modification by the Planning and Zoning Commission and Director of Planning. Unless otherwise specifically authorized by the subject zoning or subdivision provision, no such change, alteration, modification or waiver shall be approved unless the City Council shall determine the proposed modification:
1. 
Will achieve the specific purposes a "PRD" is intended to meet as a condition of its approval pursuant to this Section;
2. 
Will not violate the general purposes, goals and objectives of this Chapter and Chapter 420, Subdivision and Development Regulations, other applicable development regulations and the City of Wildwood Master Plan; and
3. 
Will address any negative impacts that may result from such change, alteration, modification or waiver to such provisions through appropriate mitigating actions.
G. 
Procedures. Except as established by this Section, procedures and requirements for filing, review and approval of the planned residential development shall be those set forth in Section 415.560 for other amendments to this Chapter. Any application for the consideration of a planned residential development by the City will be subject to the review process of the City's Development and Zoning Review Committee.
H. 
"PRD" District Application Submission Requirements. An applicant for a "PRD" shall be filed on an application form provided by the City and shall be accompanied by a preliminary development plan. The "PRD" application form and/or the preliminary development plan shall contain and provide the following information.
1. 
"PRD" Application Requirements. A complete application shall contain at least the following information submitted by the applicant, unless certain information is determined by the Planning Director to be inapplicable or unnecessary to appropriately evaluate the application.
a. 
Applicant's name, address, telephone number and interest in the property;
b. 
The owner's name, address and telephone number, if different than the applicant, and the owner's signed consent to the filing of the application;
c. 
The street address of the property;
d. 
The proposed title of the project and the names, addresses and telephone numbers of the architect, landscape architect, planner, soil scientist and engineer on the project;
e. 
List of all property owners within one thousand (1,000) feet of the property;
f. 
A written analysis generally describing the following:
(1) 
The objectives of the proposed "PRD" development and the market, which it is intended to serve;
(2) 
Compatibility of the proposed "PRD" with City of Wildwood Master Plan;
(3) 
Compatibility of the proposed "PRD" with the neighboring properties and uses; and
(4) 
If the objectives of the proposed "PRD" do not strictly conform with the Master Plan, a written analysis that explains the substantially changed conditions that justify such non-conformance.
g. 
A development schedule indicating the approximate dates when the construction of the "PRD" or phases of the "PRD" can be expected to be commenced and completed.
h. 
Copies of any special agreements, conveyances, restrictions or covenants that will govern the use, maintenance and continued protection of the goals of the "PRD" and any of its parks, recreational areas, play areas, playgrounds and open space.
i. 
Legal description and outboundary plat/survey of the subject property drawn to scale with north point and date, which includes the following information:
(1) 
The land area within the proposed "PRD";
(2) 
The use and present zoning classification of the designated area;
(3) 
The zoning classification and use of all adjacent property and properties within one thousand (1,000) feet of the subject property;
(4) 
All public and private rights-of-way and easements bounding and intersecting the designated area, which are proposed to be continued, created, relocated and/or abandoned.
j. 
Such other and further information or documentation as the Planning Director may deem to be necessary for a full and proper consideration and disposition of the particular application.
2. 
Preliminary Development Plan. The preliminary development plan shall be drawn at a scale of not less than one (1) inch per fifty (50) feet and shall show the major details of the proposed "PRD" and provide sufficient detail to evaluate the features of the proposed development required by this Section. The preliminary development plan shall indicate or contain, insofar as applicable, the general location, arrangement, extent and character of the following information:
a. 
The existing and proposed topography of the subject property at vertical intervals of not more than five (5) feet referred to sea level datum;
b. 
The site and location of proposed uses;
c. 
The location and sizes of all existing and proposed buildings, structures and improvements and the general location of existing adjacent streets, alleys, structures and properties, including three (3) section profiles through the site showing building form, existing grade and proposed final grade at a scale no less than fifty (50) feet;
d. 
Structures or building envelopes by type of use, maximum height of structures, maximum gross floor area for each land use and land coverage of buildings and impervious areas or surfaces;
e. 
Residential development densities by housing types and maximum number of dwelling units as calculated pursuant to Section 415.510(H)(2)(l) below;
f. 
Proposed ingress and egress to the site, including major points of access to public rights-of-way and adjacent streets and drives and internal traffic circulation layout, including approximate alignments of internal roadway systems and all applicable governmental approvals for such locations;
g. 
Off-street parking and/or loading areas and outdoor storage areas, including areas for storage of boats, campers, trailers and recreational vehicles;
h. 
The location, height, type and size of proposed signs and lighting;
i. 
The areas that are proposed to be conveyed, dedicated or reserved as parks, recreation areas, playgrounds or open space and as sites for schools and other public buildings;
j. 
A general landscaping scheme at the time of initial submission to be followed by a detailed landscape plan before the site development plan has been approved showing the spacing, sizes and specific types of landscaping materials, including approximate location of all isolated trees having a trunk diameter of six (6) inches or more than one (1) foot above grade, and all existing tree masses;
k. 
100-year floodplain areas or areas subject to flooding, as defined in Section 415.030 of these regulations, retention areas and the surface drainage network;
l. 
Areas of environmental resources, as analyzed and mapped pursuant to Section 420.200 of the Subdivision Ordinance, Natural Resource Protection Standards;
m. 
Buffer areas and proposed fencing, including purpose and timing of construction;
n. 
Pedestrian circulation;
o. 
All public and private utilities rights-of-way and easements bounding and intersecting the designated area which are proposed to be continued, created, relocated and/or abandoned;
p. 
Proposed dimensions of separation and/or setback distances between buildings, streets and other features;
q. 
Proposed architectural concepts, building elevations, facade treatments, exterior building materials as necessary to establish how the proposed "PRD" uses and structures relate to the neighboring properties;
r. 
Traffic plan and analysis;
s. 
Treatment of sound, vibration, glare, radiation, fumes and heat emission, if any, which will extend beyond the subject property;
t. 
Preliminary plan for sanitation and wastewater disposal and potable water facilities;
u. 
Proposed stormwater retention areas and management plans;
v. 
Burial grounds on the site; and
w. 
Identification of all available public utilities, including high-speed internet access service.
3. 
Waiver Of Specific "PRD" Application And Preliminary Development Plan Submission Requirements. Upon written request and explanation by the applicant, any information required under this Section may be waived by the Planning Director upon a finding that the information is not necessary to properly review the proposed "PRD" application or preliminary development plan.
4. 
"PRD" Application Filing Fee Per Requirements Of Section 415.550, Fees. A "PRD" application filing fee, as required by Section 415.550, Fees, shall be submitted with a "PRD" application.
I. 
Density Limitation — Method Of Calculation. The maximum density of any proposed "PRD" shall not contain more dwelling units than otherwise permitted by the requirements of the underlying zoning district or districts within which it is proposed. The maximum number of allowable dwelling units shall be calculated by dividing the net site area of the development by the minimum lot area requirements for a residential dwelling unit in the respective zoning district in which the "PRD" is proposed to be located. The "net site area" is the gross area of the "PRD" development minus the total square footage of the following:
1. 
Land within the 100-year floodplain elevation, as identified in Section 415.070, "FP" Floodplain District Regulations, of this Chapter, for the Caulk's Creek, Wild Horse Creek and the Hamilton, Fox, Tavern, Bonhomme, Carr and other perennial creeks or watercourses within the 100-year floodplains and floodways. For the purposes of this Section, the floodplain of a lot or tract of land shall also include any portions of the property where a site-specific, engineered study has been completed that indicates the existence of this floodway or floodplain, based upon the criteria established by Federal Emergency Management Agency and the City of Wildwood.
2. 
Land that is utilized for roadway right-of-way purposes, excluding right-of-way dedication for widening existing roadways and private roadway easements or dedications within "NU" Non-Urban Residence District zoned developments.
J. 
"PRD" District Application And Preliminary Development Plan Review Procedures.
1. 
Determination Of Completeness. No "PRD" application and/or preliminary development plan shall be accepted unless and until it is determined to be complete by the Planning Director. If the Planning Director determines that either the "PRD" District application or preliminary development plan is incomplete, he/she shall notify the applicant in writing specifying the deficiencies, including any additional information which must be supplied, within thirty (30) days and advising the applicant that no further action shall be taken by the City unless the deficiencies are corrected within a reasonable period of time. Where a "PRD" application is contingent upon approval of a petition for rezoning of the underlying district, the two (2) petitions shall be considered together for purposes of this Section.
2. 
Distribution Of Complete Application For Review. Upon receipt of a complete "PRD" application, the Planning Director shall transmit a copy of the "PRD" application and preliminary development plan to each member of the Planning and Zoning Commission, the Department of Public Works, the Architectural Review Board (ARB), and to such other City, County or State agencies, as appropriate, for their review and comment.
3. 
Planning Commission Public Hearing. After a determination by the Director that the application is complete, a public hearing on the proposed "PRD" application and preliminary development plan shall be held by the Planning and Zoning Commission in accordance with the provisions of Section 415.560, Procedure for Amending the Zoning Ordinance.
4. 
City Council Action. Upon receipt of the Planning and Zoning Commission's recommendation, the City Council shall either approve the planned residential development by adopting an ordinance authorizing the development or deny the application. If the application is approved, the matter shall be returned to the Planning Commission for consideration of a site development plan. In instances where the Planning Commission has recommended denial of a planned residential development, the City Council will receive and file the Letter of Recommendation on said request and a public hearing shall not be required, unless supported by its members. If a public hearing is supported by the City Council, a minimum two-thirds (2/3) majority of its members must authorize such to allow for its scheduling.
a. 
In instances, where the Planning and Zoning Commission has recommended support of a planned residential development, the City Council shall receive and file the Letter of Recommendation on said request and a hold a public hearing on the matter before its members. For legislation to be adopted authorizing the planned residential development, a minimum two-thirds (2/3) majority of the City Council Members must approve it.
5. 
Registration And Recording. An approved "PRD" and site development plan shall be registered and recorded, by the applicant, with the St. Louis County Recorder of Deeds within sixty (60) days of the City Council approval date. The official Zoning Map of the City shall be amended by City planning staff to designate the area included in the approved "PRD" plan as "Planned Residential Development District #_____." Failure to record the approved "PRD" plan within the time specified shall cause the approval of the plan to terminate. Upon written request of the applicant, an extension to the recording time may be granted by the Planning and Zoning Commission for a period of up to an additional sixty (60) days.
6. 
Successive "PRD" Applications. No application for a change of zoning classification with an accompanying "PRD" shall be made by an applicant concerning any land area, of which any portion thereof had been subject to a public hearing conducted by the Planning and Zoning Commission or City Council within the immediate preceding twelve-month period and which resulted in a rejection of the proposed "PRD" application.
K. 
Standards For "PRD" Application And Preliminary Development Plan Review. The Planning and Zoning Commission recommendation, along with the City Council's action on the same, shall be based upon the collective compliance of the application and plan to all of the four (4) standards set forth below:
1. 
Conformance with the land use goals, objectives and policies of the City of Wildwood Master Plan, including that the "PRD" application and the associated plan shall meet the density and other similar requirements of the applicable zoning district designation of the subject tract of land.
2. 
Open space including, without limitation, parks, recreation areas, playgrounds and natural areas, along with the provision of adequate landscaping, screening, and buffering:
a. 
The required open space should be accessible, functional and usable by the people being served;
b. 
Private open space is provided for each proposed residential dwelling;
c. 
The proposed "PRD" provides for the preservation of natural resource features, soils, landforms, forests and other land attributes described in Section 420.200;
d. 
The proposed "PRD" provides for a variety of plant and hard surface materials and the selection of materials provides a variety of colors and contrasts;
e. 
The proposed "PRD" provides significant amounts of plant material sized in excess of landscaping requirements in the Wildwood Tree Manual;
f. 
The setbacks, yards and usable open space along public roadways are landscaped to provide attractive streetscapes, thereby enhancing architectural features and contributing to the development of an attractive site development plan;
g. 
The landscaping is designed to facilitate buffering between uses;
h. 
Screening of service yards and other places which tend to be unsightly is accomplished by the use of walls, fencing, planting or combination of these; and
i. 
The proposed "PRD" provides for the continual maintenance of landscaping.
3. 
Adequate internal traffic circulation and the provision of an appropriate transportation system that serves the property, whether public or private, including adequate parking, and constructed to accomplish the following design requirements:
a. 
High speeds are discouraged or a physical separation between streets and the project is provided;
b. 
Pedestrian-vehicular conflicts are minimized;
c. 
Safe and convenient connections within the project and between the project and existing and proposed transportation systems are provided including, without limitation, streets, bikeways and pedestrian ways;
d. 
The amount of land devoted to the street system is minimized;
e. 
The project is designed for the types of traffic expected, including, without limitation, automobiles, bicycles and pedestrians, and provides safety, separation from living areas and control of noise and exhaust;
f. 
City construction standards are met and emergency vehicle use is facilitated;
g. 
On-site facilities for external linkage with other modes of transportation, where applicable, are provided;
h. 
The project incorporates into the design of parking areas measures to provide convenience and separation of pedestrian movements from vehicular movements;
i. 
The minimum amount of land necessary to meet the needs of the project is devoted to parking;
j. 
The design and treatment of parking areas and lighting is such as to preserve green space in tree islands and to reduce the visual impact on the project, adjoining properties and adjacent streets; and
k. 
The project meets the parking requirements of Section 415.280 of these regulations.
4. 
Livability and building design/placement/architecture and their relationships to the surrounding neighborhoods:
a. 
For residential "PRD" projects, noise is minimized between dwellings, within and between buildings and from external sources, either on- or off-site;
b. 
For residential "PRD" projects, visual separation is provided between dwellings for both indoor and outdoor living spaces;
c. 
A lighting plan is provided which addresses security, energy conservation, safety and aesthetics;
d. 
Impacts of winds are mitigated;
e. 
Cut and fill are minimized on the site and the design of structures conforms to the natural contours of the land;
f. 
The building design/placement/architecture and related type provide a variety and quality that adds to the visual attractiveness of the City;
g. 
The building height, mass, scale, orientation and configuration are compatible with the general character of the area;
h. 
The orientation of the building or buildings is controlled to minimize shadows or blocking views from adjacent properties;
i. 
Where the character of the area is identifiable, the "PRD" project is compatible with such conditions by the appropriate use of color, materials, vegetation, signs and lighting; and
j. 
Views, from and by, the adjoining and nearby neighbors or person living in the affected ward(s).
L. 
Time Periods For Submission Of Plans And Commencement Of Construction And Extensions Of Time.
1. 
Site Development Plan. The site development plan shall be submitted to the Planning and Zoning Commission for review within twelve (12) months after approval of the application by the City Council, unless such time is extended by the Commission. One (1) such extension shall be allowed for a maximum of six (6) months.
2. 
Commencement Of Construction. Substantial construction shall commence within twelve (12) months of approval of the site development plan, unless otherwise authorized by ordinance. Where due cause is shown by the petitioner, the Commission may extend the period to commence construction for not more than one (1) additional six-month period. As used in this Section, "substantial construction" shall mean final grading for and installation of roadways necessary for first approved plat or phase of construction and commencement of installation of sanitary and storm sewers.
3. 
Appeal Of A Denial Of An Extension Of Time.
a. 
Upon the denial by the Planning and Zoning Commission of a request to extend the time for the filing or recording of a site development plan or to commence construction, the applicant may file an appeal with the City Council requesting a determination from that body, except in such instances where the maximum time extensions have been granted.
b. 
A notice of appeal shall be filed within fifteen (15) days of action by the Commission. Notice of appeal to the City Council shall be in writing filed in duplicate with the City Clerk of the City Council. The applicant shall have an additional thirty (30) days to file the appeal. The appeal shall set forth the specific causes why the previously approved time for the filing or recording of a site development plan or beginning construction could not be met and within what period of time such requirement can be met.
c. 
Upon receipt of an appeal for a time extension, the City Council shall refer same to the Planning and Zoning Commission for report therein as to whether or not the facts offered in the appeal have or have not justified the requested time extension. The City Council on receipt of the Commission's report may affirm, reverse or modify, in whole or in part, any determination of the Planning and Zoning Commission or may grant or deny any request for an extension of time upon which the Planning and Zoning Commission has taken action. An affirmative vote of eleven (11) members of the whole City Council shall be required to reverse, modify or amend any determination of the Planning and Zoning Commission.
M. 
Conditions For Approval. Consistent with the standards or objectives of the "PRD," the Planning and Zoning Commission may or may not support a proposal subject to conditions relating to, but not limited to, the following, which shall apply to any action of the City Council as well:
1. 
The type and extent of improvements and landscaping;
2. 
The methods or type of development practices, improvements and common ground required;
3. 
Maximum bulk of dwelling unit in relationship to lot size or dimension;
4. 
Dedication of land or payment of fees for public open space, road improvements, schools or for other infrastructure or public facilities impacted by the development;
5. 
Required provisions for funding of maintenance agreements or trust indentures.
N. 
Appeal Or Protest, Procedure.
1. 
Appeal By Petitioner To Recommendation Of Denial. The petitioner may file an appeal to the City Council regarding a Planning and Zoning Commission's recommendation for denial of an application seeking the authorization of a planned residential development procedure or an amendment thereto in accord with the provisions of Section 415.530, Appeal and Protest Procedure for Change of Zoning and Special Procedures.
2. 
Protest By Specified Nearby Property Owners To Recommendation Of Approval. Specified nearby property owners may file a protest with the City Council against the Planning and Zoning Commission's recommendation of approval of an application for a planned residential development procedure or an amendment thereto in accord with the provisions of Section 415.530, Appeal and Protest Procedure for Change of Zoning and Special Procedures.
O. 
Procedures To Amend The Planned Residential Development Ordinance Or Required Plans. In order to amend provisions of an existing planned residential development ordinance or to amend a site development plan approved for the planned residential development, the procedure shall be as follows:
1. 
To amend the planned residential development ordinance:
a. 
All "PRD" plans and documents registered and recorded under this Section of the regulations may be amended in whole or in part upon submission of a written request from the petitioner to the Planning Director. The Director shall then evaluate the request for consistency in purpose and content with the nature of the proposal as originally advertised for public hearing.
b. 
If the Department of Planning determines that the requested amendment is consistent in purpose and content with the original proposal as advertised, the Department shall so report to the Planning and Zoning Commission. The Planning and Zoning Commission shall review the request and the report of the Department and then forward a recommendation to the City Council. A recommendation of approval shall include all conditions to be included in the amended ordinance.
c. 
If the Department of Planning determines that the requested amendment is not consistent in purpose and content with the nature of the proposal as originally advertised for public hearing, the Department shall so report to the applicant and the Planning and Zoning Commission. The Commission shall then review the proposed ordinance amendment and forward a recommendation to the City Council. The Commission may, if deemed necessary, forward a resolution of intent to the City Council for the purpose of a new public hearing on the matter in accord with proceedings specified in Section 415.560, Procedure for Amending the Zoning Ordinance.
2. 
To amend the site development plans:
a. 
The petitioner shall submit an amended site development plan to the Department of Planning for review. The Department shall then evaluate the request for consistency in purpose and content with the nature of the proposal as originally advertised for public hearing, the preliminary development plan approved by the City Council and the initial site development plan approved by the Commission.
b. 
If the Department of Planning determines that the proposed amendment to the site development plan is not in conflict with the original proposal as advertised and the approved preliminary development plan and meets all conditions of the planned residential development procedure ordinance and other applicable ordinances and regulations of the City, said plan shall be reviewed and approved by the Planning and Zoning Commission. Said amended plan shall be recorded with the St. Louis County Recorder of Deeds within sixty (60) days of Planning and Zoning Commission approval with a copy to be filed with the City of Wildwood. However, when conditions of a particular planned residential development procedure ordinance are amended which necessitate an amended site development plan, the Commission shall review and approve said amended plans and they shall be recorded with the St. Louis County Recorder of Deeds within sixty (60) days of Commission approval with a copy to be filed with the City of Wildwood.
c. 
If the Department of Planning determines that the proposed amendment to the site development plan is not consistent in purpose and content with the nature of the proposal as originally advertised for public hearing or with the preliminary development plan approved by the City Council, the Department shall so report to the applicant and the Planning and Zoning Commission. The Planning and Zoning Commission shall then review the proposed site development plan amendment and make a final determination. The Planning and Zoning Commission may, if deemed necessary, forward a resolution of intent to the City Council for the purpose of a new public hearing on the matter in accord with proceedings specified in Section 415.560, Procedure for Amending the Zoning Ordinance.
d. 
If the Department of Planning determines that the proposed amendment to the site development plan is minor and not in conflict with the approved site development plan and meets all conditions of the "PRD" ordinances, the Department may approve such amended plan after notice to the Planning and Zoning Commission.
P. 
Appeal To Planning And Zoning Commission Of A Decision By The Department In Reviewing Development Plans. The petitioner/developer may appeal to the Planning and Zoning Commission a decision by the Department of Planning, in cases where the Department of Planning is authorized to review development plans. The petitioner shall have a fifteen-day period in which to file a written appeal and plan with the Commission. The written appeal, stating the reasons for it, shall be submitted to the Department. The Commission will make the final determination of the matter. No exceptions will be granted that are in violation of the particular ordinance governing the site development plan.
Q. 
Time Periods For Submission Of Plans And Commencement Of Construction And Extensions Of Time.
1. 
Site Development Plan. The site development plan shall be submitted to the Planning and Zoning Commission for review within twelve (12) months after approval of the application by the City Council, unless such time is extended by the Commission. One (1) such extension shall be allowed for a maximum of six (6) months.
2. 
Commencement Of Construction. Substantial construction shall commence within twelve (12) months of approval of the site development plan, unless otherwise authorized by ordinance. Where due cause is shown by the petitioner, the Commission may extend the period to commence construction for not more than one (1) additional six-month period. As used in this Section, "substantial construction" shall mean final grading for and installation of roadways necessary for first approved plat or phase of construction and commencement of installation of sanitary and storm sewers.
3. 
Appeal Of A Denial Of An Extension Of Time.
a. 
Upon the denial by the Planning and Zoning Commission of a request to extend the time for the filing or recording of a site development plan or to commence construction, the applicant may file an appeal with the City Council requesting a determination from that body, except in such instances where the maximum time extensions have been granted.
b. 
A notice of appeal shall be filed within fifteen (15) days of action by the Commission. Notice of appeal to the City Council shall be in writing filed in duplicate with the City Clerk of the City Council. The applicant shall have an additional thirty (30) days to file the appeal. The appeal shall set forth the specific causes why the previously approved time for the filing or recording of a site development plan or beginning construction could not be met and within what period of time such requirement can be met.
c. 
Upon receipt of an appeal for a time extension, the City Council shall refer same to the Planning and Zoning Commission for report therein as to whether or not the facts offered in the appeal have or have not justified the requested time extension. The City Council on receipt of the Commission's report may affirm, reverse or modify, in whole or in part, any determination of the Planning and Zoning Commission or may grant or deny any request for an extension of time upon which the Planning and Zoning Commission has taken action. An affirmative vote of eleven (11) members of the whole City Council shall be required to reverse, modify or amend any determination of the Planning and Zoning Commission.
4. 
Termination Of Planned Residential Development. In the event the site development plan is not submitted or substantial construction has not commenced within the prescribed time limits, the right to develop pursuant to the planned residential development procedure shall terminate and the Planning and Zoning Commission shall within forty-five (45) days initiate a resolution of intent for the purpose of a new public hearing to consider reversion of the property to its prior underlying zoning classification in accord with the proceedings specified in Section 415.560, Procedure for Amending the Zoning Ordinance. Where rezoning has been granted in conjunction with a planned residential development and said planned residential development has terminated, no building permit shall be issued on that property until completion of action by the City Council on a resolution of intent to rezone said property in accord with the provisions of the above-noted Section.
R. 
Dedications For Public Schools And Parks. A planned residential development, if otherwise consistent with the purposes of this Chapter, may be permitted to include land designated for dedication for public school or public park use as part of its gross acreage in computing the maximum number of lots that may be created or dwelling units that may be authorized, provided that:
1. 
The size of any dedication of land for public school or park purposes shall be based upon defined need, as determined by the Rockwood School District or the City of Wildwood, but in no case exceed thirty percent (30%) of the overall development area.
2. 
The proposed school site is compatible with a generalized plan for school locations published by the school district.
3. 
Prior to approval by the Planning and Zoning Commission of a site development plan indicating a public park or public school site, a written statement shall be received from the Department of Planning and Parks recommending approval of the proposed park dedication; or a written notification shall be received from the school district stating it has agreed to accept the public school site dedication.
4. 
Prior to approval of a site development plan, a written agreement between the petitioner and the school district shall be submitted to the Planning and Zoning Commission for review. This agreement shall indicate who is responsible for the installation of required improvements adjacent to or affecting the school site and when the improvements will be installed.
5. 
The proposed site is dedicated to public school or public park use in a manner approved by the City Attorney as to legal form prior to recording of the site development plan.
6. 
The site development plan identifies the boundaries of the dedicated tract within the planned residential development.
7. 
The deed of dedication for public park or public school use shall provide that in the event the property shall no longer be used for that purpose, it will revert to the trustees of the subdivision in which it is located as common land that shall be preserved as green space. The trust indenture required herein shall provide for the manner in which the common land shall be maintained and preserved so as to affect this requirement.
S. 
Trust Indentures And Warranty Deeds. In developments where common areas, which may include open spaces, recreational grounds or natural resource protection areas, are provided and the acreage of which is included in the gross acreage for density calculation purposes, a trust indenture shall be recorded simultaneously with the record plat. The indenture shall provide for the proper and continuous maintenance and supervision of said common land by trustees to be selected and to act in accordance with the terms of such indenture and the common land shall be deeded to the trustees under said indenture by general warranty deed. The trust indenture and warranty deed shall comply with the requirements established in Section 415.470, Trust Indentures and Warranty Deeds. In addition, the trust indenture shall contain the following provisions:
1. 
That common areas, including open spaces, natural resource protection areas or recreational grounds, shall be for the sole benefit, use and enjoyment of the lot or unit owners, present and future, of the entire planned residential development or that the common areas may also be used by residents outside the planned residential development. If residents outside the planned residential development are permitted to use the common areas, the indenture shall contain provisions, which shall provide, in essence, the following:
a. 
No resident of the planned residential development shall be denied the use of the open space, natural resource protection areas, recreational facilities or other common ground for any reason related to the extension of such privilege to non-residents of the planned residential development;
b. 
At any time after the recording of the indenture, a majority of the residents of the planned residential development, by election duly called, may elect to allow or disallow usage of the open space, natural resource protection areas, recreational facilities or other common grounds by non-residents of the planned residential development.
2. 
The indenture shall contain provisions for the maintenance of all common areas and facilities and the means of collecting assessments necessary for the maintenance thereof.
3. 
In planned residential developments containing attached units, the indenture shall contain provisions for maintenance of common walls.
4. 
The indenture shall contain specific language restricting any disturbance of natural resource protection areas formally preserved under the application of Section 420.200 of Chapter 420, Subdivision and Development Regulations, by any resident or non-resident of this planned residential development.
5. 
The indenture shall contain no language inconsistent with any requirements or regulations of any of the City of Wildwood's ordinances, including this Chapter and Chapter 420, Subdivision and Development Regulations, and related development standards.