(A) Intent. A planned unit development (herein after “PUD”) is defined in § 153.002 of this chapter. It is the intent of the town to encourage the development of larger parcels of land with greater density and greater degree of consideration of physical features and natural constraints, by enhancing community benefits while fostering the most economically productive land use in the process. It is further the intent of the PUD to promote greater flexibility of design so as to provide a higher level of amenities and more creative design than would be possible by development of the land with traditional district regulations and design standards.
(B) Uses.
(1) Multi-family developments.
(a) Multi-family development may be authorized as allowed in this chapter following review by the Planning Board and approval as a special use by the Board of Commissioners.
(b) Multi-family development dwellings of five or more units per building may include the following accessory uses designed for residents and guests of the PUD:
1. Retail shops, restaurants, clinics, nursing care and daycare facilities. These accessory uses will offer goods and services designed exclusively to meet requirements of occupants and guests for which such establishment is located. There shall be no signs or evidence of such establishment outside the limits of the development. The aggregate maximum square footage of the accessory commercial use structures listed above shall be limited to 5% of the total site area. Occupancy of the commercial use structures shall be in conjunction with completion of the first 50 units or as otherwise approved by the Board of Commissioners.
2. On-site accessory uses or buildings to multi-family development dwellings;
3. Playgrounds;
4. Club houses with assembly areas;
5. Swimming pools and tennis courts;
6. Town-owned and leased facilities.
(C) Special uses. None.
(E) Building height limits - PUD developments.
(1) One-third of the structures may have four levels of living space with an aggregate living space height not to exceed 43 feet measured to the top plate, and a total building height not to exceed 55 feet, to accommodate various architectural roof designs, with no additional living space. In addition, no more than 50% of the number of units may be located in these four-story buildings.
(2) The remaining structures shall have no more than three levels of living space, with an aggregate living space not to exceed 35 feet, and a total building height not to exceed 50 feet, to accommodate various architectural roof designs, with no additional living space.
(F) Site requirements.
(1) Lot dimensions. All parcels shall have a minimum width of 75 feet.
(2) Lot area. The minimum building site for a PUD shall be five acres.
(3) Density.
(a) Generally. Ten units per acre.
(b) Density bonus.
1. Twelve units per acre may be permitted provided 30% of the total site is maintained as open space. The following conditions shall apply to the required 30% open space:
a. Ten percent upland natural vegetation shall be maintained (natural vegetation is encouraged between uses);
b. Minimum of 15% common public spaces including walking and jogging trails and other passive recreational activities;
c. The remaining 5% can include wetlands calculated into total site area.
2. Fourteen units per acre may be permitted provided 40% of the total site is maintained as open space. The following conditions shall apply to the required 40% open space:
a. Fifteen percent upland natural vegetation shall be maintained (encouraged between uses);
b. Minimum of 20% common public spaces including walking and jogging trails and other passive recreational activities;
c. The remaining 5% can include wetlands calculated into total site area.
(c) Calculation. Formula for density calculation when wetland soils are a portion of any lot. Soils classified as wetlands shall be factored into density calculation based on the following schedule:
1. If the lot is composed of less than 25% of its total area in wetland soils, then 75% of that area classified as wetlands may be used in calculating density.
2. If the lot has between 25% to 50% of its total area in soils classified as wetlands, then 50% of that area classified as wetlands may be used in calculating density.
3. If the lot has between 50% and 75% of its total area in soils classified as wetlands, then 25% of that area classified as wetlands may be used in calculating density.
4. If the lot has 75% or more of its total area classified as wetlands, none of that area classified as wetlands can be used in calculating density.
(4) Building separation. Single-family detached structures in a PUD shall have a minimum separation of ten feet, provided the structures are protected by an approved fire suppression sprinkler system. All other structures in a PUD shall have a minimum separation of 24 feet. Patios constructed of noncombustible material and privacy fences shall be exempt from the building separation requirements. Every part of a required 24-foot separation shall be open and unobstructed from its lowest level to the sky.
(5) Lot coverage.
(a) Maximum allowable lot coverage by principal use, all accessory structures, vehicular area and parking–50%.
(b) Formula for lot coverage calculation when wetland soils are a portion of any lot. Soils classified as wetlands shall be factored into lot coverage calculations based on the following schedule:
1. If the lot is composed of less than 25% of its total area in wetland soils, then 75% of that area classified as wetlands may be used in calculating lot coverage.
2. If the lot has between 25% to 50% of its total area in soils classified as wetlands, then 50% of that area classified as wetlands may be used in calculating lot coverage.
3. If the lot has between 50% and 75% of its total area in soils classified as wetlands, then 25% of that area classified as wetlands may be used in calculating lot coverage.
4. If the lot has 75% or more of its total area classified as wetlands, none of that area classified as wetlands can be used in calculating lot coverage.
(c) Lot coverage within an estuarine area of environmental concern (AEC), as defined by the Coastal Area Management Act (CAMA), shall be limited to 20% and a minimum setback from the estuarine waters shall be 50 feet. (Exceptions: boardwalks, gazebos, and other pedestrian access structures shall be permitted within the 50-foot setback but must be in accordance with CAMA regulations.)
(6) Drainage/stormwater runoff. All sites are required to follow the provisions of § 153.070, Stormwater Management.
(G) Setbacks.
(1) Side yard.
(a) The minimum side yard shall be ten feet. For any structure over 35 feet in total building height, there shall be two feet of side yard setback for each foot of building height over 35 feet in addition to the minimum side yard setback.
(2) Front yard. The minimum front yard setback shall be 30 feet from the property line.
(3) Rear yard.
(a) The minimum rear yard setback requirements on any lot shall be 20% of the total depth of the lot, but shall not exceed 30 feet from the rear property line.
(b) Detached garages and accessory buildings may be built in rear yards; however, any such building shall be erected so as to provide a distance of not less than eight feet from the main building to the garage or accessory building and be not less than five feet from any lot line.
(4) Double frontage. The required front yard setback for all lots shall be provided on both front and rear of a double frontage lot.
(5) Corner lot. The minimum side yard setback requirements on a corner lot shall be 15 feet.
(6) Setback for PUD development abutting residential uses, zones or rights-of-way.
(a) The minimum required setback for a PUD which abuts any residential use, zone or right-of-way shall be 30 feet or required side yard setback whichever is greater.
(b) The following exception will be allowed: Accessory uses for single- family detached dwellings shall maintain a minimum setback of 15 feet from a residential use, zone or right-of-way. Accessory uses shall provide a privacy fence no less than six feet in height in addition to buffering requirements.
(H) Signs.
(1) Generally allowed. The following signs shall be allowed in a PUD:
(a) Project master sign. One master project sign shall be allowed in a PUD in accordance with the following provisions:
1. Sign overall dimensions including architectural features shall not exceed 99 square feet with overall dimensional rectangle not to exceed nine feet in height by 11 feet in width.
2. Sign shall include architectural features consistent with the general "theme" architecture of the project. Architectural features shall be included in overall dimensions.
3. Sign shall be located at or near the PUD entrance at a location which will not interfere with site distance triangles.
4. Actual lettering surface of the sign shall not exceed 40 square feet per side and shall be contained within a geometric rectangle not to exceed eight feet in width by five feet in height.
(b) Project village signage. Each named village or section within a PUD shall have one sign with the following provisions:
1. Sign overall dimensions including architectural features shall not exceed 45 square feet with overall dimensional rectangle not to exceed nine feet in height by five feet in width.
2. Sign shall include architectural feature consistent with the project master sign and consistent with the general theme architecture of the individual villages or sections. Architectural features shall be included in overall dimensions.
3. Signs shall be located at or near the PUD village or section entrances at a location which will not interfere with the site distance triangles.
4. Actual lettering surface of the sign shall not exceed 24 square feet per side and shall be contained within a geometric rectangle not to exceed six feet in width by four feet in height.
(2) Special provisions for signs located within the public right-of-way. One project master sign may be located within the right-of-way of Ocean Bay Boulevard in accordance with the following provisions:
(a) Signs located within a town right-of-way shall be placed within the divided roadway, curbed landscape island or grass median.
(b) Signs must be owned and maintained by the PUD homeowners association.
(c) The town reserves the right to remove the signage at the owner's expense if the sign or surrounding landscaped area becomes a public nuisance or creates an unsafe condition.
(d) Signs within a town right-of-way must be located within 100 feet of the property line of the PUD with prior approval by town staff.
(3) Lighting provisions for project master and project village signage within a PUD. Signage within a PUD may be illuminated in accordance with the following provisions:
(a) A project master sign shall be illuminated with no more than three low-wattage (75 watt or less) external spotlights, directed towards the sign face, on each side of the sign.
(b) A project village sign shall be illuminated with no more than two low-wattage (75 or less) external spotlights, directed towards the sign face, on each side of the sign.
(c) Lighting shall be shielded so as to prevent a direct view of the light from a residence or street.
(4) Unsafe signs. Should any sign become insecure or in danger of falling or otherwise be unsafe in the opinion of the Building Inspector, then the owner thereof, or the person maintaining the same, shall, upon written notice from the Building Inspector, forthwith in the case of immediate danger or in any case within ten days, secure the same in a manner to be approved by the Building Inspector in conformity with the provisions of this section or remove the sign. If such order is not complied with within ten days, the Building Inspector shall remove such sign at the expense of the owner.
(J) Buffers and screening. All PUDs developed under this subchapter shall provide and maintain along the side and rear lot lines a continuous visual buffer. The buffer shall be compact evergreen hedge or other type of evergreen foliage screen, or shall be a combination fence and shrubbery screen. The preservation of existing vegetation is encouraged and may be utilized to meet this provision. The visual buffer shall be subject to periodic inspection by the Building Inspector. The minimum height shall be no less than six feet with a minimum width of 15 feet. Buffers shall not be aligned so as to block vision at or along the right-of-way. All other screening and buffer requirements shall be in accordance with § 153.073, Landscaping Requirements.
(K) Studies of impacts. Site plans submitted for this subchapter shall include, for information to the town, comprehensive studies based on project completion of projected impacts to the environment, traffic and governmental services.
(L) Architectural design.
(1) Chimneys and elevator towers are exempt from height restrictions.
(2) Architectural appearance shall be consistent with § 153.186, Commercial Building Exteriors.
(Ord. 01-11, passed 11-14-01; Am. Ord. 04-10, passed 5-26-04; Am. Ord. 04-14, passed 9-13-04; Am. Ord. 04-23, passed 12-13-04; Am. Ord. 06-03, passed 2-22-06; Am. Ord. 06-10, passed 5-24-06; Am. Ord. 06-11, passed 5-24-06; Am. Ord. 07-06, passed 4-25-07; Am. Ord. 07-13, passed 8-13-07; Am. Ord. 18-4, passed 6-14-21)