(A) Intent. The Planned Residential Development is established to encourage a more creative approach in land and building site planning for residential uses, to encourage an efficient, aesthetic and desirable use of open space, and to achieve flexibility and incentives for residential development which will produce a wider range of choice in satisfying the changing need for residential development in the town area.
(B) Uses permitted. Within a planned residential development, a building or premises shall be used for the following purposes only:
(1) Single-family dwelling unit, excluding manufactured homes;
(2) Multi-family dwelling units;
(3) Customary accessory buildings, including private garages, non-commercial workshops, greenhouses, clubs, inns and lodges which are accessory to the primary residential function of the development, and which are an integral part of the planned development;
(4) Private, non-commercial recreational facilities and buildings which are accessory to the primary residential function of the development, and which are an integral part of the planned development; and
(5) Mixed uses may be included with limited commercial activities, which complement the residential development. Integration of commercial uses may be considered upon a recommendation of the Planning Board and at the determination of the Board of Adjustment as a conditional use. No commercial uses are permitted by right. Only neighborhood type service and light retail uses can be considered with a limit of 40% of the total building(s) square footage being commercial.
(C) Dimensional requirements. The Architectural Review Committee and the Board of Adjustment shall evaluate the site development plan in order to determine that the proposed site design and density of the project is acceptable regarding health, safety and general welfare for residential living. All buildings and structures shall conform to the minimum setback requirements for the district in which the development is located along the exterior boundaries of the site.
(D) Density and building coverage. The development shall not exceed the density of the district in which the development is located, rounded to the lowest whole dwelling unit. The total project density shall be determined on the basis of the gross square footage of the proposed site, less any part of the proposed site in any street or highway right-of-way. The Board of Adjustment may require a lower density within a development in order to protect the physical environment, and ensure adequate access and services to the project and adjacent properties. The total building coverage space (including parking or storage areas and all impervious surfaces) shall not exceed 40% of the gross square footage of the proposed site. If the Board of Adjustment deems necessary, all or part of the boundaries of the development shall be provided with a 15-foot wide buffer strip, upon which evergreen trees or shrubs shall be planted which at maturity shall be at least ten feet in height.
(E) Responsibility of the applicant. When the applicant proposes to construct two or more principal buildings (residential), he or she shall proceed with the following schedule:
(1) Apply in writing to the Board of Adjustment requesting a conditional use for a Planned Residential Development. Attached to the application shall be the following information to be reviewed by the Planning Board:
(a) A site plan map showing the location of all proposed buildings and accessory uses, parking facilities, open space, utility easements and drainage, proposed buffer strips and topographic relief (contour interval of five feet) map to be at an appropriate scale; and
(b) Gross acreage and/or square footage of the proposed development, the number and types of dwelling units and accessory buildings, and the percentage of acreage and/or square footage of all covered space (including covered parking or storage areas and all impervious surfaces) in the proposed development.
(2) Appear in person (or send a duly appointed representative affiliated with the proposed development) at the Architectural Review Committee and the Board of Adjustment meetings at which the proposed application is to be discussed, in order to answer all pertinent questions which the Architectural Review Committee and the Board of Adjustment may feel necessary to have answered, in order to review said application.
(F) Streets and utilities. All developments containing streets and utilities designated or planned for acceptance by the town (whether for immediate or for future acceptance) shall first be reviewed by the Architectural Review Committee before the planned residential development is approved by the Board of Adjustment. All streets and utility lines proposed shall be designated and constructed in accordance with, but not limited to, standards as shown in the subdivision regulations of the town. All developments with streets and utilities design or planned for acceptance by appropriate public agencies outside the town limits (streets to be accepted by the state’s Department of Transportation, utilities to be accepted by the town or other appropriate agency) shall also generally conform to, but not be limited to, the subdivision regulations of the town, as the subdivision regulations relate to standards for the extraterritorial area.
(G) Timing. If no development has occurred pursuant to the issuance of a conditional use:
(1) One year after the date of the conditional use for the planned residential development; or
(2) Upon the expiration of one 90-day extension of time for starting development granted by the Board of Adjustment, the conditional use shall become null and void and the procedures for application and review as outlined in this section shall be required for any development on subject property.
(H) Phased development. After general construction commences, the Zoning Administrator shall review, at least once every six months, all permits issued and compare them to the overall development phasing program. If he or she determines that the rate of construction differs from the approved phasing program, he or she shall so notify the developer and the Board of Adjustment in writing. Thereafter, the Board of Adjustment may issue such appropriate orders to the developer as it sees fit, and upon continued violation of this division (H) may order the Zoning Administrator to refuse any further permits until the project is in general accordance with the approved phasing program.
(Ord. passed 3-14-2005; Ord. passed 5-9-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 907)