UD Unit Development Plan District.
This district is intended to provide more development flexibility than is possible through the application of customary zoning regulations. In recognition of both the rapid changes in design and technology in the building industry and new demands in the housing market, it is deemed necessary to meet those changes in a manner that will be consistent with the best interests of the Town.
A. STATEMENT OF PURPOSE.
1. To encourage a more creative approach in land and building site planning.
2. To encourage an efficient, aesthetic, and desirable use of open space.
3. To promote variety in the physical development pattern of the community; including mixed-use development.
4. To achieve flexibility and incentives for residential development which will produce a wider range of choice in satisfying the changing urban needs; including cluster development.
5. To encourage renewal of older areas where new development and restoration are needed to revitalize the areas.
6. To permit special consideration of property with unique features, such as historical significance, unusual topography, landscape amenities, and size and shape.
7. To recapture by-passed land so poorly planned and developed as to be a public liability.
8. To simplify processing of development proposals for developers and the Commission by providing for concurrent review of land use, subdivisions, public improvements, and siting considerations.
B. APPLICABILITY.
1. The provisions of this section shall apply to a tract of land of at least five (5) acres in area for undeveloped areas within the Town. These provisions may apply to a proposed development in which the primary or entire use is business or enclosed industrial use when the proposal is deemed to be in the best interests of the Town.
2. The provisions of this section shall apply only to proposed new developments and shall not apply to any part of an area contained within a subdivision previously approved and recorded in accordance with the requirements of Chapter 91: Subdivision Control Plan, prior to 1988; provided, however, that a petitioner may, upon application and approval of the Commission, become subject to all the benefits and burdens of this section, subject to such rights as shall have been vested in the owners of the area affected by development under such Subdivision Control Plan; provided that any plat shall first be vacated.
3. The basic land unit of a unit development plan is the block, parcel, tract, combination of lots, or acreage, and not the lot. However, divisible geographic sections of the entire planned unit development may be designated.
a. A proposed unit development plan shall be designed to produce an environment of stable and desirable character in keeping with the principles of good neighborhood design and must provide standards of open space, efficiency in street patterns, and areas for parking adequate for the occupancy proposed, or equal to the requirements of this code.
b. Before approval of a preliminary unit development plan, a detailed determination of land use intensity shall be declared by the developer, and the Commission shall make a finding that the intensity is consistent with the comprehensive development plan of current adoption and in the best interest of the Town.
C. PROCEDURE.
The authorization of a unit development plan shall be subject to the procedures expressed herein:
1. 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 Town of New Palestine Plan Commission, a preliminary plan for any area proposed for development as a unit development plan shall be first presented to the Zoning Administrator. At such presentation, three (3) copies of a preliminary plan of the proposed development, containing the following information, shall be submitted for review:
a. Boundaries of the tract to be developed as part of the planned unit development.
b. Base mapping of the property showing the physical features, general topography, drainageways, water bodies, tree cover, and existing land uses.
c. Highways and streets in the vicinity of the tract, and the ingress and egress to the tract.
d. Location of different general land use areas proposed to be developed.
e. Proposed density levels of each residential area.
f. Proposed square footage of commercial or industrial areas.
g. An enumeration of covenants, in general terms, proposed to be made a part of the unit development plan.
h. 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.
i. Proposed treatment of existing topography, drainageways and tree cover.
j. Proposed general location of major vehicular circulation, showing how this circulation pattern relates to the official Thoroughfare Plan of the Town.
k. Location of schools, parks and other community facility sites, if any.
l. 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.
2. Within fifteen (15) days after the presentation, the Plan Commission staff (See Chapter 91) at the request of the President of the Plan Commission, a committee of three (3) members 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.
3. Application for approval of the planned development shall then be submitted to the Plan Commission with a letter of recommendation from the Zoning Administrator, accompanied by six (6) copies of the preliminary plan (with modifications, if any) and any other desired supporting documents at a regular meeting of the Commission, as a petition for amendment of the zoning code and subject to the procedures applicable thereto. The Plan Commission may approve the plan as amended, or disapprove the plan. The 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 unit development plan" and be signed by the president and secretary of the Commission and one copy shall be permanently retained in the office of the Commission.
4. The approved preliminary unit development plan shall then be certified to the Town Board for approval as a "UD" Unit Development Plan District pursuant to the laws governing amendment of the Zoning Code.
5. Upon approval by the Town Council, the planned development shall be returned to the Plan Commission, which shall thereafter exercise continuing jurisdiction. Before any development takes place, the Commission shall approve a detailed site plan specifying the exact location, composition, and engineering features of all lots, drainage, sewage, water supply facilities, recreational facilities, site perimeter treatment, and other pertinent site development features, including locations and features of proposed buildings. The approval shall be conditional upon finding by the Commission that the detailed site plan is consistent with the approved preliminary unit development plan. The approved detailed site plan shall be stamped "Approved detailed unit development plan" and be signed by the president and secretary of the Commission, and one copy shall be permanently retained in the office of the Commission.
6. The approval of the preliminary UD shall be for two (2) years after its adoption by the Common Council. Within this two (2) 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 (1) section or the entire development within the two (2) 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 UD shall extend the approval length of the preliminary UD for two (2) years.
7. An "approved detailed Unit Development Plan" 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 the subdivision control chapter of this Code.
8. A refusal by the 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 two (2) year period or an approved extension of time, the 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 an "UD" District.
9. The 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 Unit Development Plan.
10. 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 the law.
11. No construction or installation work shall be done on any public improvement until satisfactory plans and specifications therefor have been submitted to the Commission in accordance with the subdivision control chapter of Chapter 91: Subdivision Control Plan, and the petitioner has, at least twenty-four (24) hours in advance, notified the Commission of his intention to begin such work in order that inspections may be made as the work progresses.
12. In the exercise of its continual jurisdiction, the Commission may from time to time modify the approved detailed Unit Development Plan in a manner consistent with the approved preliminary Unit Development Plan to allow for changed circumstances and conditions unforeseen at the time of original approval. 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 city engineer.
g. Upon submission of a request for a minor modification, the director shall have ten (10) working days to respond to the petitioner, by either approving or rejecting the request. An applicant may appeal the decision of the Zoning Administrator to the Plan Commission.
13. All development shall be in conformity with the approved detailed Planned Unit Development. In the exercise of its continuing jurisdiction, the Commission shall take cognizance of any material deviations from the approved Detailed Planned Unit Development and take appropriate enforcement action.
14. Approval by the Commission shall expire after a period of five (5) years from the approval of a Detailed Unit Development Plan unless the development is fifty percent (50%) completed in terms of public improvements, including parks, walkways and utility installations in which instance an extension of time may be granted by the Commission not to exceed five (5) successive periods of two (2) years each.
15. All proceedings brought under this Section shall be subject to the rules of procedure of the Commission.
D. ABANDONMENT OR EXPIRATION.
Upon the abandonment of a development authorized under this Section (abandonment shall be deemed to have occurred when no improvements have been made pursuant to the approved Detailed Unit Development Plan for twenty-four (24) consecutive months, or upon the expiration of five (5) years from the approval by the Commission of a Detailed Unit Development Plan for a development which has not been completed or the expiration of an extension granted by the Commission), the Commission shall initiate an amendment to this Zoning Code so that the land will be zoned (or reclassified) into a category or categories which most nearly approximates its then existing use or such other zoning category which it deems appropriate.
E. RECORDING.
An approved Detailed Unit Development and modifications thereof shall be recorded in the appropriate plat books in the offices of the County Recorder within six (6) months after approval by the Plan Commission or the Zoning Administrator.
F. PERMIT.
No improvement location permit shall be issued for a "UD" District by the Zoning Administrator unless all recording required by subsection E of this section has been effected, and no Certificate of Occupancy shall be issued for a "UD" District unless the approved Detailed Unit Development Plan with modifications, if any, is adhered to, all to be in compliance with the purposes of this Section and the Subdivision Control Chapter of this code.
G. COVENANTS AND MAINTENANCE; FINANCIAL GUARANTEES.
1. Covenants shall be required by the Plan Commission as an ingredient for stability and longevity of the Unit Development Plan, and shall set forth in detail provisions for the ownership and maintenance of facilities held in common so as to reasonably insure their continuity and conservation. Covenant provisions shall include specific remedies in the event facilities held in common are permitted to deteriorate or are not maintained in a condition consistent with the best interests of the Town, in which event the Town shall take those remedial steps provided for in such provisions.
2. The Plan Commission may require the recording of covenants for any reasonable public or semipublic purpose, including but not limited to the allocation of land by the petitioner for public thoroughfares, parks, schools, recreational facilities and other public and semipublic purposes wherever necessary in conformity with the land use plan of current adoption. Such covenants shall provide that if a governmental unit or agency thereof does not proceed with acquisition of the allocated land within the specified period of time, the covenants shall automatically terminate. If such termination occurs, the petitioner shall then submit for approval by the Commission a modified detailed site plan for such land consistent with the approved Preliminary Unit Development such modified detailed site plans, when approved, shall be treated in the same manner as approved detailed site plans for an entire Unit Development Plan.
3. The Commission may require the recording of covenants for any other reasonable purpose, including but not limited to imposing standards for development of property in a Unit Development Plan. The development standards may include, but are not limited to, requirements as to the following:
a. Lot area.
b. Floor area.
c. Ratios of floor space to land area.
d. Area in which structures may be built (buildable area), including areas for cluster type residential development without lot lines.
e. Open space.
f. Setback lines and minimum yards.
g. Building separations.
h. Height of structures.
i. Signs.
j. Off-street parking and loading and unloading areas.
k. Design standards.
l. Phasing of development.
4. The petitioner shall provide financial assurance for the satisfactory installation of all public facilities in the form of bonds or such other assurances as are required in the procedures of platting pursuant to the provisions of Chapter 91: Subdivision Control Ordinance.
5. Adequate provision shall be made for a private organization with day to day responsibility to and control by the property owners involved to provide for the operation and maintenance of all common facilities, including private streets jointly shared by such property owners if the facilities are a part of the Unit Development Plan and in which instance, legal assurance shall be provided which shows that the private organization is self-perpetuating and adequately funded to accomplish its purposes.
6. Common facilities, which are not dedicated to the public, shall be maintained to standards assuring continuous and adequate maintenance at a reasonable and nondiscriminatory rate of charge to the beneficiaries thereof. Common facilities not dedicated to the public shall be operated and maintained at no expense to any governmental unit.
7. All private streets shall be maintained by the aforesaid private organization in such a manner that adequate access is provided at all time to vehicular traffic, so that fire, police, health, sanitation, and public utility vehicles can serve the properties contiguous or adjacent thereto, and so that the vehicles will have adequate turning area. Said private streets shall be developed in accordance with the standards set forth in Chapter 91, Subdivision Control Plan.
H. LIMITATION ON REZONING.
The Plan Commission shall not initiate any amendments to the zoning code concerning the property involved in the Unit Development plan before completion of the development, as long as development is in conformity with the approved detailed unit development plan and proceeding in accordance with the time requirements imposed herein.