§ 156.252 REQUIREMENTS FOR PLANNED UNIT DEVELOPMENT.

   (A)   The area designated in the planned unit development map must be a tract of land under single ownership or control. Single control of property under multiple ownership may be accomplished through the use of enforceable covenants and commitments, which are to the benefit of the zoning jurisdiction.

   (B)   The concept plan shall indicate the land use, development standards, and other applicable specifications of this code of ordinances, which shall govern the planned unit development. If the concept plan is silent on a particular land use, development standard, or other specification of this code of ordinances, the standard of the underlying district or the applicable regulations shall apply.

   (C)   The planned unit development map shall show the location of all improvements. The location of planned unit developments shall be designated on the Zoning Map and adopted pursuant to this chapter.

   (D)   The planned unit development must comply with all required improvements, construction standards, design standards, and all other engineering standards contained within this code of ordinances and other pertinent regulations, except where specifically varied through the provision of this section.

   (E)   Designation and conveyance of permanent open space:

      (1)   PERMANENT OPEN SPACE shall be defined as parks, playgrounds, landscaped green space, and natural areas, not including schools, community centers, or other similar areas in public ownership;

      (2)   No plan for a planned unit development shall be approved, unless such plan provides for permanent landscaped or natural open space. A minimum of 25% of the proposed planned unit development area shall be designated as permanent open space;

      (3)   In the case of mixed uses, permanent open space shall be allocated to the property in proportion to the uses assigned to the planned unit development and shall be located in reasonable proximity to those uses. Provided, however, the permanent open space need not be located in proximity to the use in the case of preservation of existing features;

      (4)   If the concept plan provides for the planned unit development to be constructed in stages, open space must be provided for each stage of the planned unit development in proportion to that stage; and

      (5)   Permanent open space shall be conveyed in one of the following forms:

         (a)   To a municipal or public corporation;

         (b)   To a not-for-profit corporation or entity established for the purpose of benefitting the owners and tenants of the planned unit development or, where appropriate and where approved by the Plan Commission and the Town Council, adjoining property owners, or both. All conveyances hereunder shall be structured to ensure that the grantee has the obligation and the right to effect maintenance and improvement of the common open space, and that such duty of maintenance and improvement is enforced by the owners and tenants of the planned unit development and, where applicable, by adjoining property owners and/or the town;

         (c)   To owners other than those specified in divisions (E)(5)(a) and (E)(5)(b) above, and subject to restrictive covenants describing and guaranteeing the open space and its maintenance and improvement, running with the land for the benefit of residents of the planned unit development or adjoining property owners, or both; or

         (d)   Included in single-family residential lots under the control of lot owners.

   (F)   Uses permitted in a planned unit development may be any use which is found in §§ 156.250 through 156.256, subject to the approval of the Plan Commission and Town Council.

(Ord. 2014-26, passed 9- -2014) Penalty, see § 156.999