§ 36-263. Planned unit development (PUD) concept.
(a)
Definitions. A tract of land of at least five acres in area, under single, corporate, firm, partnership, or association ownership, planned and developed as an integral unit, in a single development operation or a definitely programmed series of development operations, and according to an approved outlined development plan and a preliminary site plan, and which is a departure from the strict requirements relating to lot sizes, setback lines and yard spaces, but which does maintain zoning district density requirements. Only residential uses shall be allowed in a planned unit development.
(b)
Intent. Upon application and upon approval of detailed site, use, building and development plans, the town council may permit establishment of planned development in areas which are suitable with respect to location, size and physical character for development as units. Suitability of such tracts for the planned development proposed shall be determined primarily by reference to the goals and objectives of the land use plan, by the physical characteristics of the site, and by the nature of the surrounding development. The following shall apply:
(1)
Within planned unit developments, regulations adapted to such unified planning and development are intended to accomplish the purposes of zoning and other applicable regulations to the same degree as in districts in which regulations are intended to control development, on a lot-by-lot rather than a unified basis, and to promote economical and efficient land use, a higher level of amenities, appropriate and harmonious variety in physical development, creative design, and an improved living and working environment.
(2)
Planned unit development will only be considered in the multifamily zoning districts.
(c)
Relation of PUD regulations to general zoning, subdivision or other regulations. Where there are conflicts between the special PUD provisions of this article and general zoning, subdivision or other regulations or requirements, these special regulations shall apply in PUDs, unless the town council shall find in the particular case:
(1)
That these provisions do not serve public purposes to a degree at least equivalent to general zoning, subdivision or other regulations or requirements;
(2)
That actions, designs or solutions proposed by the applicant do not satisfy public purposes to at least an equivalent degree; or
(3)
It is specifically provided, however, that where dwelling unit density, floor area and similar ratios have been established by these regulations, the council shall not act in a particular case to alter these ratios.
Except as indicated above, the procedures and requirements set forth in this article and in guides and standards adopted as a part of these regulations for a particular planned unit development shall apply in the approved PUD and to issuance of any permits required.
(d)
Where permitted. Planned unit developments may hereafter be established where tracts suitable in location and character for the uses and structures proposed are to be planned and developed as units, according to the requirements and procedures set forth herein. PUDs shall be appropriately located with respect to intended functions, to the pattern and timing of development existing or proposed in the comprehensive plan, and to public and private facilities, existing or clearly to be available, by the time development reaches the state where they will be needed.
(e)
Procedures on PUD approval. Applications for PUD approval shall be submitted to the planning board. Material submitted with the application, or on request by the planning board or town council, shall include all plans, maps, studies and reports which may reasonably be required to make the determinations called for in the particular case, with sufficient copies for necessary referrals and records. More specifically, all of the following shall be required:
(1)
A map showing the proposed development in relation to its surrounding area and defining the relative size and location of streets, utilities, schools, and commercial facilities expected to serve the area.
(2)
A survey report covering soil condition, drainage, topography, location and character of surface water, flora and fauna, and other such information as may be required, to determine if the site is suitable for planned unit development without hazards to occupants or adjoining properties.
(3)
An overall preliminary development plan which shall show:
a.
Proposed major vehicular and pedestrian circulation systems;
b.
Proposed land uses including residential densities and nonresidential uses;
c.
Proposed plans and regulations for major reservations of land for parks, playgrounds, and other public uses or facilities;
d.
Relationship to existing land uses in the surrounding areas.
(4)
Common area, which is an area designated as such on the site development plan of a PUD, and on the subdivision plan as an area to be held in separate ownership for the use and benefit of residents occupying specified lots shown on such subdivision plan, provided that it meets the following requirements:
a.
It shall be conveniently accessible to all residents of the development.
b.
It shall be made available in its improved state, as set forth on the site development plan, in accordance with an approved time schedule.
c.
It shall be maintained in accordance with an approved maintenance plan specifying what such maintenance shall consist of, whose responsibility it shall be, and ensuring satisfactory execution of maintenance.
d.
Provisions to ensure its continuing availability shall be included in the deed to each parcel to be served by such common area.
e.
Such other information as may be required by the planning board or the council to determine the impact of the proposed development on the town.
(f)
Approval of site development plans. No building permit shall be issued in such development unless and until the planning board and town council shall have approved site development plans and reports for the development as a whole, or stages or portions thereof, deemed satisfactory in relation to total development. No structure or use other than as indicated in approved site development plans and reports shall be permitted. Approval of site development plans and reports shall be based on:
(1)
Compliance with regulations applying at the time the land was proposed for PUD, including applicable provisions of the subdivision regulations, unless conflicting with these regulations, and related capital improvement requirements of the town, as regards construction of physical improvements and bonding thereof, and such specific modifications as were made by the town council in the approved action; or
(2)
Compliance with regulations applying currently, at the option of the applicant. Upon approval of site development plans and reports, building permits shall be issued in the same manner as for building permits generally, provided that any requirements concerning the order or location in which building permits are to be issued in the particular development shall be observed. Except as provided in subsection (g) of this section, final plans and reports approved shall be binding on the applicant and any successors in interest so long as planned development status applies to the land.
(g)
Changes in approved site development plans. After review of the application by the planning board, the town council may permit changes when requested by the developer, but only on a finding that such changes are in accord with all regulations in effect at the time the site development plan or plat was approved, and in accord with the general interest and purpose of the comprehensive plan in effect at such time, provided that the applicant may elect to proceed in accord with the regulations and comprehensive plan currently in effect. Changes other than as indicated in this subsection shall be made only by a new PUD application.
(h)
Public hearings permissible but not mandatory in connection with site development plans. Action in connection with approval of site development plans or changes in approved plans not requiring ordinance amendment are administrative, and do not require public notice and hearing but the planning board and town council may hold such hearings as deemed desirable in connection with such action.
(i)
Expiration of time limits on PUD. If actions required in the PUD are not taken within the time limits set, the planning board shall review the circumstances and recommend to the town council that:
(1)
PUD approval for the entire area be continued with revised time limits;
(2)
PUD approval to be continued for part of the area with revised time limits, and the remainder returned to conventional zoning control; or
(3)
PUD approval be removed from the entire project.
Such recommendations shall include proposals for appropriate action with respect to any legal instruments, dedications, contributions or guarantees in the case.
(Code 1988, § 11-9.01)