(A) The development shall be located in relation to sanitary sewers, water lines, storm and surface drainage systems, and other utility systems and installations in such a way that neither extension nor enlargement of such systems will be required in manner, form, character, location, degree, scale, or timing resulting in higher net public cost or earlier incursion of public cost than would develop in forms generally permitted under current zoning for the area.
(B) The development shall be located with respect to necessary public facilities as to have access to such facilities in the same degree as would develop under existing zoning and shall be so located, designated, and scaled that access for public services is equivalent to, and net cost for services is not greater than access and net cost for public services for development as permitted under existing zoning.
(C) Private facilities. The proposed development shall provide private facilities, utilities, and/or services approved by appropriate public agencies as substituting on an equivalent basis and assure their satisfactory continuing operation, permanently or until similar public utilities, facilities, and/or services are available and used; or
(D) Net public costs.
(1) The proposed development shall make provision acceptable to the city for offsetting any added net public cost or early commitment or public funds made necessary by such development.
(2) In computing net public costs, difference in anticipated public installation, operation and maintenance costs and difference in anticipated public revenue from such sources shall be considered. Expenses involved in making such determinations shall be paid by applicants. Determination shall be made by the city or by experts acceptable to the city.
(E) Minimum parcel size for planned development. The minimum amount of land (under unified control to be planned and developed as a whole) for a planned development shall be at least ten acres.
(F) Permitted uses.
(1) Dwellings, single-family and multi-family detached, semi-attached structures; golf courses, swimming pools and tennis courts.
(2) Accessory uses and structures clearly incidental to permitted uses provided the accessory uses and structures floor space shall not exceed 10% of the total residential floor space.
(3) Structures and uses required for operation of a public utility, performance or a governmental function or performance of any function necessary for the operation and maintenance of the planned development and otherwise permitted under these or general regulations, subject to the requirements thereof.
(G) Setbacks.
(1) All structures shall be 35 feet from adjoining property lines. However, when property lies contiguous to properties of the golf course or the Carolina Power and Light discharge canal, a structure may be constructed 25 feet from the property line that is adjacent to the course or canal.
(2) All structures shall be 25 feet from adjacent structures.
(H) Maximum height. Height regulations for structures in this section shall comply with the provisions contained in § 153.084 of this code.
(I) Access to water. All planned development projects adjoining public trust waters (waters of the Atlantic Ocean) shall make provisions for public access. Where bulkheads are constructed along the mean high water, boardwalks or other similar structures may be used to provide access.
(J) Conveyance and maintenance of open space.
(1) All open space shown on the site development plan shall be recorded in the County Register of Deeds Office and shall be conveyed by the following method: by leasing or conveying title including beneficial ownership to a corporation, association, or other legal entity, the terms of such lease or other instruments of conveyance must include provisions suitable to the Town Board for guaranteeing:
(a) The continued use of such land for the intended purposes;
(b) Continuity of proper maintenance for those portions of the open space land requiring maintenance;
(c) When appropriate, the availability of funds required for such maintenance;
(d) Adequate insurance protection; and
(e) Recovery for loss sustained by casualty, condemnation, or otherwise.
(2) Furthermore, the applicant shall file in the County Register of Deeds Office at the time of site development plan approval, legal documents which shall produce the above guarantees and, in particular, will provide a method for restricting the use of open space for the use and enjoyment of the residents of the planned development.
(3) Common open space. A parcel or parcels of land or an area of water or a combination of both land and water within the site designated for a planned development, a cluster development, or a one-family attached dwelling development, designed and intended for the use and enjoyment of residents of the proposed development, not including streets or off-street parking areas. Common open space shall be substantially free of structures but may include such improvements as are in the plan as finally approved and are appropriate for the benefit of residents.
(K) Density.
(1) The density of land use occupancy. The occupancy of the usable land of the town shall not exceed that of one-family dwelling unit for each 10,800 square feet of usable land.
(2) Usable land, when calculating density, shall be defined as any portion of the land deemed capable of supporting and sustaining a habitable structure and its ancillary requirements such as septic tank and drain field.
(3) The following must be excluded from any calculations determining usable land area:
(a) All easements for storm drainage or utilities;
(b) Thoroughfare, highway and street beds, including rights-of-way;
(c) Sediment basins and water retention ponds;
(d) Wetlands as defined by the State Coastal Area Management Act and the U.S. Army Corps of Engineers;
(e) Waste water treatment facilities;
(f) Areas considered to be environmentally important as either ecological or historical resource.
(4) In cluster subdivisions, sufficient space must be left so that the density of housing shall not exceed the average density of one habitable unit for each 10,800 square feet of usable land.
(L) Parking. Two parking spaces shall be provided for each dwelling unit. The parking space shall contain at least 180 square feet.
(Ord. passed 6-8-78; Am. Ord. passed 2-13-92; Am. Res. passed 4-8-10)