(A) Purpose. A planned unit development (PUD) is established as an overlay zoning district and is intended as an alternative to conventional development. Approval of a PUD requires the submission to the Planning Commission and the Town Board of Trustees of a proposed outline development plan and accompanying development standards applicable to a particular tract, for discretionary review. The PUD provisions are established for one or more of the following purposes:
(1) To permit and encourage innovative land development while maintaining appropriate limitation on the character and intensity of use and assuring compatibility with adjoining and proximate properties;
(2) To permit greater flexibility within the development to best utilize the physical features of the particular site in exchange for greater public benefits than would otherwise be achieved through development under this chapter;
(3) To encourage the provision and preservation of meaningful open space;
(4) To encourage integrated and unified design and function of the various uses comprising the planned unit development; and/or
(5) To encourage a more productive use of land consistent with the public objectives and standards of accessibility, safety, infrastructure and land use compatibility.
(B) Planned unit development submission requirements; five-step application and review procedure. The developer and/or builder of a PUD shall follow a five-step application and review procedure:
(1) Mandatory pre-application conference;
(2) Application for rezoning, submission of PUD master plan, including the design statement and master development plan map;
(3) Preliminary plat, where required by the subdivision regulations;
(4) Final plat, where required by the subdivision regulations; and
(5) Application for building permit and site plan reviewed by the Zoning Administrator.
(C) Public hearing.
(1) Public hearings shall be held on the application for rezoning and the PUD master plan in accordance with regular procedures for zoning applications.
(2) Public hearings on required plats shall be held in accordance with regular procedures established in the subdivision regulations.
(D) Planned unit development review procedures.
(1) Step 1. Pre-application review. At least ten business days prior to submission of an application for rezoning to a planned unit development, the applicant shall submit to the Zoning Administrator a sketch plan drawn to approximate scale showing streets, lots, public areas and other significant features.
(a) The applicant should discuss with the Zoning Administrator the procedure for adopting a planned unit development and the requirements for the general layout of streets and utilities, access to arterials, or general design and narrative, the availability of existing services, and similar matters.
(b) The Zoning Administrator shall also advise the applicant, where appropriate, to discuss the proposed planned unit development with those officials who must eventually review the various aspects of the proposal coming within their jurisdiction.
(c) The intent of the pre-application review is to expedite and facilitate the approval of a PUD master plan.
(2) Step 2. Application for rezoning and pud master plan.
(a) Procedures and requirements. The PUD application for rezoning shall be filed in accordance with regular procedures and on application forms from the town. The PUD master plan, which is submitted with the application for rezoning, shall consist of a design statement and a master development plan map. The applicant shall also provide other supporting maps as necessary to meet the submission requirements of this chapter.
(b) Master development plan map. The master development plan map shall be a graphic representation of the development plan for the area.
(c) PUD design statement. The PUD design statement shall be a written report submitted as a part of the PUD master plan containing a minimum of the following elements:
1. Title of PUD;
2. List of the owners and/or developers;
3. Statement of the general location and relationship to adjoining land uses, both existing and proposed;
4. Description of the PUD concept, including an acreage or square foot breakdown of land use areas and densities proposed, a general description proposed, a general description of building use types, proposed restrictions and typical site layouts;
5. The existing PUD zoning districts in the development area and surrounding it;
6. Selection of one conventional zoning district as a base zoning district to regulate all uses and development regulations not identified as being modified;
7. A list of all applicable special development regulations or modified regulations to the base zoning district; plus a list of requested variations to the subdivision regulations or other applicable development regulations;
8. A statement on the existing and proposed streets, including right-of-way standards and street design concepts;
9. The following physical characteristics: elevation; slope analysis; soil characteristics; tree cover; and drainage information;
10. A topographic map with minimum five-foot contour intervals;
11. Drainage information, including number of acres in the drainage area and delineation of applicable flood levels;
12. Applicable hydrologic report, including erosion control plan pursuant to the state’s Department of Environmental Quality requirements;
13. A statement of utility lines and services to be installed, including which lines will be dedicated to the town and which will remain private;
14. The proposed densities, and the use types and sizes of structures; and
15. A description of the proposed sequence of development.
(d) Approval of the PUD master plan.
1. Upon final approval by the Town Board of Trustees of the PUD master plan and the appropriate ordinance of rezoning, these elements shall become a part of the official zoning district map.
2. The ordinance of rezoning shall adopt the PUD master plan by reference, and it shall be attached to said ordinance and become a part of the official records of the town.
(e) Expiration of PUD master plan. If, after three years from the date of approval of a PUD master plan, no substantial development progress has been made within the PUD, then the PUD master plan shall expire. If a PUD master plan expires, a new PUD master plan must be submitted and approved according to the procedures of this chapter.
(f) Use and development of the property. The PUD master plan shall control the use and development of the property, and all building permits and development requests shall be in accord with said plan until it is otherwise amended by the Town Board of Trustees.
(g) The developer shall furnish a reproducible copy of the approved master development plan map for signature by the Chairperson of the Planning Commission, the Mayor, and acknowledgment by the Town Clerk. The PUD master plan, including the signed map and all supporting data, shall be made a part of the permanent file and maintained by the Town Clerk.
(3) Step 3. Preliminary plat.
(a) Upon approval of the PUD master plan and the ordinance of rezoning, the developer shall prepare a preliminary plat for the entire development area.
(b) Where a recorded plat exists and where there will be no extensive easements, no property owners’ associations, no plat restrictions and no sale of lots which do not conform to the platted lot lines, the Planning Commission may waive the platting requirement.
(4) Step 4. Final plat.
(a) Where a subdivision plat has been required, the developer shall prepare a final plat for review, approval and filing of record according to procedures established by the Planning Commission and Town Board of Trustees.
(b) In addition to these procedures, the final plat shall include:
1. Provisions for the ownership and maintenance of common open space. Said open space may be dedicated to a private association or to the public provided that a dedication to the public shall not be accepted without the approval of the Town Board of Trustees; and
2. A homeowners’ or property owners’ association shall be created if other satisfactory arrangements have not been made for improving, operating, and maintaining common facilities, including private street drives, service and parking areas, and recreation areas.
(5) Step 5. Site plan. A site plan shall be submitted upon the application for a building permit and reviewed in accordance with procedures established in § 154.041 of this chapter.
(E) Modifications.
(1) Minor amendments and adjustments. The Zoning Administrator shall be permitted to approve minor amendments and adjustments to the PUD master plan provided the following conditions are satisfied.
(a) The project boundaries are not altered.
(b) Uses other than those specifically approved in the PUD master plan are not added. Uses maybe deleted but not to the extent that the character of the project is substantially altered.
(c) The allocation of land to particular uses or the relationship of uses within the project are not substantially altered.
(d) The density of housing is not increased more than 10% or decreased by more than 30%.
(e) The land area allocated to nonresidential uses is not increased or decreased by more than 10%.
(f) Floor area, if prescribed, is not increased or decreased by more than 20%.
(g) Floor area ratios, if prescribed, are not increased.
(h) Open space ratios, if prescribed, are not decreased.
(i) Height restrictions, setback requirements, coverage restrictions and other areas, height and bulk requirements prescribed in the PUD master plan are not substantially altered.
(j) The circulation system is not substantially altered in design, configuration or location.
(k) The design and location of access points to the project are not substantially altered either in design or capacity.
(2) Zoning Administrator approval. The Zoning Administrator shall determine if proposed amendments to an approved master development plan satisfy the above criteria. If the Zoning Administrator finds that these criteria are not satisfied, an amended PUD master plan shall be submitted for full review and approval according to the procedures set forth in these regulations.
(3) Reversion; property owner request.
(a) If the property owner decides to abandon the PUD concept and nullify the PUD master plan, he or she shall make application for rezoning either to the original status or to a new classification.
(b) Said application shall be heard according to regular procedures by the Planning Commission and Town Board of Trustees.
(Ord. 382, passed 7-8-2021)
Cross-reference:
Planned Unit Developments, see Chapter 153