The authorization of a planned unit development shall be subject to the procedures expressed as follows.
(A) Upon a petition of the owners of property of 50% or more of the area involved in the petition, or upon a petition initiated by the Plan Commission, a preliminary plan for any area proposed for development as a planned unit development shall be first presented to the Plan Commission’s designated staff; at this presentation, three copies of a preliminary plan of the proposed development, containing the following information, shall be submitted for advice:
(1) Boundaries of the tract to be developed as part of the planned unit development;
(2) Base mapping of the property showing the physical features, general topography, drainageways, water bodies, tree cover and existing land uses;
(3) Highways and streets in the vicinity of the tract, and the ingress and egress to the tract;
(4) Location of different general land use areas proposed to be developed;
(5) Proposed density levels of each residential area;
(6) Proposed square footage of commercial or industrial areas;
(7) An enumeration of covenants, in general terms, proposed to be made a part of the unit development plan;
(8) A statement expressing the order and estimated time of development, if the planned unit development is to be developed in stages, or if construction is to extend beyond a one-year time frame;
(9) Proposed treatment of existing topography, drainageways and tree cover;
(10) Proposed general location of major vehicular circulation, showing how this circulation pattern relates to the official Thoroughfare Plan of the town;
(11) Location of schools, parks and other community facility sites, if any; and
(12) Time schedule of projected development, if the total landholding is to be developed in stages, or if construction is to extend beyond a one-year period.
(B) Within 15 days after the presentation, the Technical Advisory Committee of the Plan Commission shall consult with the petitioner regarding the preliminary plan. After the consultation, the petitioner may make modifications to the petition which are deemed appropriate.
(C) Application for approval of the planned unit development shall then be submitted to the Plan Commission with a recommendation from the Technical Advisory Committee of the Plan Commission, accompanied by six copies of the preliminary plan (with modifications, if any) and any other desired supporting documents at a regular meeting of the Plan Commission, as a petition for amendment of the Zoning Code and subject to the procedures applicable thereto. The Plan Commission may approve the plan submitted, amend and approve the plan as amended or disapprove the plan. The Plan Commission may impose any reasonable conditions upon its approval, including the recording of covenants. If approved, the preliminary plan with amendments, if any, shall be stamped “approved preliminary planned unit development”, and be signed by the President and Secretary of the Plan Commission and one copy shall be permanently retained in the office of the Plan Commission. The approved preliminary planned unit development plan shall then be certified to the Town Council for adoption as a “PUD” Planned Unit Development District pursuant to the laws governing amendments of the Zoning Code.
(D) Upon adoption by the Town Council, the Planned Unit Development Plan shall be returned to the Plan Commission, which shall thereafter exercise continuing jurisdiction.
(1) Before any development takes place, the Commission shall approve a detailed site plan specifying the exact location, composition, and general engineering features of all lots, drainage, sewage, water supply facilities, recreational facilities, site perimeter treatment and other pertinent site development features, including general locations and features of proposed buildings. The approval shall be conditional upon finding by the Plan Commission that the detailed site plan is consistent with the approved preliminary planned unit development plan.
(2) The approved detailed site plan shall be stamped “approved detailed planned unit development plan” and be signed by the President and Secretary of the Plan Commission, and one copy shall be permanently retained in the office of the Plan Commission.
(a) The approval of the preliminary PUD shall be for two years, one year if not regulated, after its adoption by the Common Council. Within this two-year period, the planned unit development shall receive approval of the final detailed site plan for the first section or the entire development. Should the planned development not receive approval of the detailed site plan for one section or the entire development within the two years, the Plan Commission may initiate a rezoning of the property or extend the approval period. The approval of the detailed site plan for each section of the preliminary PUD shall extend the approval length of the preliminary PUD for two years.
(b) An APPROVED DETAILED PLANNED UNIT DEVELOPMENT may mean and be designated the same as a final plat and approval of the final plat shall in all instances precede final plat approval for record in accordance with Chapter 153.
(c) A refusal by the Plan Commission to approve a detailed site plan shall not be construed as a denial, and any such refusal shall not operate as a limitation on the right of the petitioner to continue to seek approval, nor shall it impair the right of the petitioner to obtain an extension of time for approval. In the event that approval of a detailed site plan is not obtained within the one-year period or an approved extension of time, the Plan Commission shall initiate an amendment of the Zoning Code so that the land will be zoned into the category or categories it held before being reclassified as a UD District.
(E) The Plan Commission may allow the petitioner to develop the property involved in phases. If the phasing is permitted, the Commission may allow the petitioner to submit partial detailed site plans which correspond to the phases involved. The partial detailed site plans, when approved, shall be treated in the same manner as approved detailed site plans for an entire planned unit development.
(F) Where a platting, replatting or vacation of streets within all or a portion of the land involved is contemplated, the Commission shall handle such matters in accordance with its regular procedures in accordance with law.
(G) No construction or installation work shall be done on any public improvement until satisfactory plans and specifications therefor have been submitted to the Plan Commission in accordance with Chapter 153 and the petitioner has, at least 24 hours in advance, notified the Plan Commission of his or her intention to begin such work in order that inspections may be made as the work progresses.
(H) In the exercise of its continual jurisdiction, the Plan Commission may from time to time modify the approved detailed planned unit development in a manner consistent with the approved preliminary planned unit development to allow for changed circumstances and conditions unforeseen at the time of original approval.
(1) The Zoning Administrator is authorized to approve minor modifications that do not:
(a) Alter the basic relationship of the proposed development to adjacent property;
(b) Change the uses permitted;
(c) Increase the maximum density floor area or height by more than 15%;
(d) Decrease the amount of off-street parking;
(e) Reduce the minimum yards or setbacks by more than 15%;
(f) Alter site ingress or egress in any way or create a substantial change to on-site circulation, as determined by the Town Street Commissioner and/or Town Engineer; or
(g) Upon submission of a request for a minor modification, the director shall have ten working days to respond to the petitioner, by either approving or rejecting the request. An applicant may appeal the decision of the director to the Plan Commission.
(2) All development shall be in conformity with the approved detailed planned unit development and in the exercise of its continuing jurisdiction, the Plan Commission shall take cognizance of any material deviations from the approved detailed planned unit development and take appropriate enforcement action.
(I) Approval by the Plan Commission shall expire after a period of five years from the approval of a detailed planned unit development unless the development is 50% completed in term of public improvements, including parks, walkways and utility installations in which instance an extension of time may be granted by the Plan Commission not to exceed five successive periods of two years each.
(J) All proceedings brought under this chapter shall be subject to the rules of procedure of the Plan Commission, where not inconsistent with the procedure otherwise stated herein, except that notice by publication shall be sufficient notice for proceedings related solely to approval and modification of detailed planned unit developments.
(Ord. 2003-2, passed 3-10-2003)