§ 152.057  PLANNED DEVELOPMENTS.
   (A)   This section applies to all planned developments regardless of use district or classification and regardless of the development review process required.  A planned development consists of land that is under unified control and planned and developed as a whole and which includes principal and accessory structures and uses substantially related to the character and purposes of the planned development.  A planned development shall be constructed according to comprehensive and detailed plans which include not only streets, utilities, lots or building sites, and the like, but also development plans and floor plans for all buildings as intended to be located, constructed, used, and related to each other, and detailed plans for other uses and improvements on the land as related to the buildings.  A planned development shall include a program for the provision, operation, and maintenance of such areas, facilities, and improvements as will be for common use by some or all of the occupants of the planned development district, but which will not be provided, operated, or maintained at general public expense.
   (B)   Statement of purpose. The purpose of this section is to promote the efficient and well planned use of land through unified development of sites while providing the town with open space, compatible uses, optimum service of community facilities and adequate vehicular access and circulation.  A planned development is situated, designed, landscaped and buffered in such a manner that it will be compatible with environmentally sensitive areas, such as flood plains or steep slopes, and with existing or proposed land uses in adjoining neighborhoods.
   (C)   Ownership control.  The land in a planned development shall be under single ownership or management at the time of construction or proper assurances shall be provided that the project can be successfully completed.
   (D)   Establishment of planned developments. Except for minor planned residential developments, which may be developed in certain use districts as specified herein, major planned residential developments may be established in the PRD, C-2SU or C-3SU zoning district classifications. Other planned developments may only be established in the appropriate planned development zoning district classifications, that is PCD or PMH. Planned developments shall be appropriately located with respect to intended functions, to the pattern and timing of development indicated in the principles of growth and to public and private facilities existing or clearly to be available by the time the development reaches the stage where they will be needed.
   (E)   Development standards for planned residential developments.
      (1)   Unless noted otherwise, the following development standards shall apply to all planned residential developments, whether major or minor.
         (a)   Open space requirements. Planned residential developments shall have, as a minimum, the percentages of the site as open space in accordance with the following table;
Zoning District Classification
% Open Space Required
Zoning District Classification
% Open Space Required
R-1
40
R-2
40
C-1
10
C-2
40
C-3
40
1-1
40
NMU
20
MICR
20
 
         (b)   Common space requirements. Planned residential developments shall provide common space which shall be at least 10% of the site or 1% of the site for each dwelling unit per acre, whichever is greater.
         (c)   Setbacks. All dwellings and their accessory structures shall be set back not less than 30 feet from the nearest right-of-way line for any street or railroad adjoining the site; provided, however, such setback may be reduced to ten feet when parking is situated to the side or rear of the lot and screened from view from public rights-of-way. Furthermore, such buildings and structures shall be set back not less than 30 feet from any exterior property line which is not a right-of-way.
      (2)    The Land Use Administrator or Town Council, as the case may be, shall require reservations of rights-of-way, as well as increased setbacks, for roads identified on the thoroughfare plan, including existing roads to be widened as well as corridors of new roads.
      (3)   All dwellings and their accessory structures shall be located at least ten feet from the edge of the paving for any street or drive and at least five feet from the edge of the paving for any area devoted principally to parking.  Carports shall be situated at least ten feet from the edge of the paving for any street or drive and may be physically connected to the principal structure which they serve.  In addition, dwellings and accessory structures abutting a street intended to serve more than 32 dwelling units or intended to be dedicated as a public street must be set back a minimum of 50 feet from the center line of such street.  The approved setback lines shall be shown on the plan of development and on any recorded subdivision plat. In addition to the foregoing setback requirements, minimum spacing between buildings shall be provided as per the N.C. State Building Code Volume V-Fire Prevention.
         (a)   Subdivision of planned residential developments. Planned residential development projects may be subdivided provided that arrangements for such subdivision are made at the time of the planned residential development application.  Zero lot lines may be permitted on one or more lot lines of each lot in accordance with these standards:
            1.   Any wall constructed on the lot line shall be a solid, windowless wall.  If there is an offset of the wall from the lot line, the offset must be at least six feet.
            2.   A five-foot maintenance easement and a maximum eave encroachment of 32 inches within the maintenance easement shall be established in the deed restrictions and covenants of the adjoining lot.  This will provide ready access to the lot line wall at reasonable periods of the day for normal maintenance.
         (b)   Circulation and access. Internal streets, drives and parking areas shall provide safe and convenient access to dwelling units and recreation facilities, and for service and emergency vehicles.  Streets shall not be designed to encourage outside traffic to traverse the planned residential development on local streets.  Sidewalks shall be required along streets adjacent to the planned residential development.  Sidewalks shall form a logical, safe, and convenient system for pedestrian access to all dwelling units and appropriate project facilities and shall be required along such streets, drives and parking areas within the planned residential development as is necessary to accomplish this.  Pedestrian/bicycle pathways may be substituted for sidewalks, if appropriate.
         (c)   Streets. 
            1.   Streets intended to serve more than 32 dwelling units as well as those intended to be dedicated as public streets shall meet the design and construction standards of the NCDOT.  All other streets and drives need not comply with NCDOT’s pavement width and road right-of-way standards, but they shall comply with its pavement structure requirements.  All dead-end streets and drives shall terminate in a cul-de-sac or other adequate means of reversing vehicular direction. It shall be the responsibility of the developer to submit to the Director of Public Works core samples taken by a licensed testing firm demonstrating that completed streets or drives meet such pavement structure requirements.
            2.   Internal streets with minimum setbacks measuring less than 50 feet from center line shall be private streets and are not acceptable for dedication to, or maintenance by, the town.  Developments containing such private internal streets with setbacks measuring less than 50 feet from center line shall have the following disclaimer in large type placed in a prominent position on the following applicable documents for the development: the development plan, the plat, the restrictive covenants, the condominium documents, and any contracts used in the sale of properties.
               Some or all of the streets and/or drives in this development
               do not meet minimum right-of-way requirements for the Town
               of Franklin.  You are notified that these are proposed as private
               streets and that the Town of Franklin will not accept them for maintenance.
         (d)   Buffering, screening and landscaping. The applicant shall propose and plant, construct and make satisfactory arrangements for the preservation of a buffer and/or setbacks adequate to protect adjoining properties from the impacts of the proposed development.  Parking and service areas and dumpsters shall be screened from view by adjacent single-family residences.  Existing vegetation shall be preserved whenever possible. In addition, the developer shall provide an appropriate landscaping plan within the project.  Use of native species is highly encouraged.
         (e)   Off-street parking.
            1.   Off-Street parking requirements for planned residential developments shall be as follows:
               a.   A minimum of one- and-one-half spaces per residential unit containing one or two bedrooms.
               b.   A minimum of two spaces per residential unit containing three or more bedrooms.
            2.   Enclosed garages and carports count towards meeting the parking requirement.  All parking spaces shall be located within 75 feet of the residential unit they serve.
         (f)   Maintenance of common facilities. The developer, project owner, or a properly established homeowners association shall provide for the continuing maintenance of common open space, recreational facilities, sidewalks, parking, private streets, and other privately owned common facilities serving the project.
   (F)   Minor planned residential developments. An applicant may elect to have a development processed as a minor planned residential development so long as the proposed development, including all phases, does not exceed 30 dwelling units and so long as no accessory commercial development is requested for the project.  A minor planned residential development may be located in one or more of the following zoning district classifications: R1, R-2, C-1, C-2, C-3, NMU, and MICR.
      (1)   Density.  The maximum number of dwelling units which may be constructed in a minor planned residential development shall be 30 dwelling units or a number computed on the basis of the following table, whichever is less:
Zoning District Classification
Dwelling Units Per Acre
Zoning District Classification
Dwelling Units Per Acre
R-1
6
R-2
8
C-1
18
C-2
10
C-3
10
NMU
10
MICR
10
 
      (2)   Development standards for minor planned residential developments. Except as otherwise noted herein, minor planned residential developments shall be governed by the development standards for planned residential developments contained in division (E), above.  Unlike major planned residential developments, there is no minimum site requirement for a minor planned residential development, nor is there a requirement that access be by means of a designated thoroughfare.
      (3)   Procedures for reviewing. Unlike other planned developments which undergo special use review, minor planned residential developments undergo development plan review pursuant to § 152.052, above.
(Ord. passed 10-1-07; Am. Ord. passed 10-20-08; Am. Ord. passed 3-3-14; Am. Ord. passed - - )