(A) Intent. The PAD District is intended and designed to: provide a means for development on a unit basis, ensuring orderly and thorough planning that will result in high quality urban design; encourage variety in architectural design through techniques, including, but not limited to, variations in building style, lot arrangements, and site planning; establish procedures that would reduce inequities occurring when strict application of zoning regulations pertaining primarily to small lots are applied to large lots; encourage innovative site planning, including, but not limited to, the preservation of natural character of the land and economy in construction and maintenance of streets and utilities; permit flexibility in design such that development would produce maximum choice in the type of environment, living units, commercial installations, and facilities available to the public; and produce an efficient, aesthetic, and desirable use of open space.
(B) Procedure.
(1) The owner or owners of any tract of land may submit to the Town Manager/Clerk, be accompanied by five copies of a development plan, which shall consist of a complete set of drawings and specifications for the proposed use and development of the entire tract of land. It shall be reviewed for conformity with the comprehensive plan, and with recognized principles of architectural design, land use planning, and landscape architecture. The Council may approve or disapprove the plan as submitted or may require that the applicant amend the plan as it deems necessary to effectuate the intent and purpose of this chapter.
(2) (a) If the Council approves the preliminary plan and request for rezoning, the applicant shall submit within one year, five copies of the final development plan for not less than one of the proposed development. The final development plan shall then be reviewed for compliance with the PAD standards and substantial compliance with the preliminary plan. The Council shall review the final development plan for its compliance with the standards of this chapter and its substantial compliance with the preliminary development plan.
(b) The final development plan and final plat shall be approved by the Council and the final plat duly recorded before any building permit is issued.
(3) (a) The Council may make the approval of the development plan contingent upon the completion of construction and improvements within a reasonable period of time. Failure to complete all improvements within said period of time shall be deemed sufficient cause for the Council to rescind the rezoning unless, an extension is requested by the developer or owner and approved by the Council.
(b) Any proposed change in the development plan after approval by the Council shall be considered in the same manner as the original proposal.
(C) Plan requirements.
(1) The preliminary development plan shall contain at a minimum the following information:
(a) Relationship of the property to the surrounding areas that will be affected by the proposed PAD;
(b) Proposed pattern of land uses including areas to be conveyed, dedicated, or reserved for parks, parkways, playgrounds, school sites, public buildings, and other similar public and semi-public uses; and
(c) Schematic site plan for each building site and common open areas, showing the approximate location of all structures, buildings, and improvements, except for single-family detached units which shall be indicated by lot location.
(2) The final development plan shall contain, where applicable, the following information:
(a) All information contained in the preliminary development plan as refined and revised;
(b) A map of the entire PAD showing topographic data sufficient to indicate the character of the terrain, other natural features and existing development to be retained;
(c) Plans and elevations of all building types;
(d) Schematic grading plans including proposed treatment of slopes and drainage plans;
(e) The number of dwelling units by dwelling type;
(f) Projection of school enrollment generated by PAD;
(g) Street and lot patterns and building siting envelopes showing setbacks;
(h) Projection of traffic volumes within PAD and volumes generated by the PAD that will be added to streets in the vicinity;
(i) Evidence of consultation with affected public agencies, including, but not limited to, school districts, flood control districts, the state’s Division of Highways, and coordination with plans of other appropriate agencies;
(j) Any applicable standards of design and construction procedures for plan submission that may be related to the subdivision ordinance of the town;
(k) Proposed ownership, method of financing improvements, and maintenance of open space; if the proposed development includes common land which will not be dedicated by the town, the proposed by-laws of a homeowner’s association fully defining the functions, responsibilities, and operating procedures of the association shall be included; proposed by-laws shall include, but not be limited to, provisions:
1. Requiring membership in the association by all owners of dwelling units within the development;
3. Granting to each owner of a dwelling unit within the development the right to the use and enjoyment of the common property in the association;
4. Placing the responsibility for operation and maintenance of the common property in the association;
5. Giving every owner of a dwelling unit voting rights in the association; and
6. If the development will combine rental and for sale dwelling units, stating the relationship between the renters and the homeowner’s association and the rights renters shall have to the use of the common land.
(1) Performance bond or bonds which shall insure to the town that the dedicated public streets, utilities, and other common development facilities shall be completed by the developer within the time specified in the final development plan;
(m) Covenant to run with the land, in favor of the town and all persons having a proprietary interest in any portion of the development premises, that the owner of the land or successors in interest will maintain all interior streets, parking areas, sidewalks, common land, parks and plantings which have not been dedicated to the town in compliance with the town ordinances; and
(n) Additional information required by the town.
(D) Standards. The land usage, minimum lot area, yard, height, and accessory uses shall be determined by the requirements set forth below, which shall prevail over conflicting requirements of this chapter or the Chapter 152.
(1) Unless otherwise waived by the Council, and as limited in this chapter, the minimum lot, height, and yard requirements of the zoning district in which the development is located shall apply. Waivers shall not be granted on required yards located on development boundaries.
(2) The Council may require that open space or screening be located along all or a portion of the development boundaries.
(3) All public streets, water mains, and sanitary sewer and storm sewer facilities shall comply with appropriate ordinances and specifications of the town.
(4) Any land gained within the development because of the reduction in lot sizes below minimum zoning ordinance requirements shall be placed in common land and landscaped as provided in the final development plan. COMMON LAND, as used in this section, refers to land retained in private ownership for the use of the residents of the development or to land dedicated to the general public.
(5) Developments or portions thereof which are being developed for sale or resale shall contain common land in area totaling not less than 25% of the net development area.
(Zoning Code, Art. II Part II)