For the purpose of this subchapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
COMMON OPEN SPACE. A parcel or parcels of land or an area of water, or a combination of land and water within the PUD site designed and intended for the use or enjoyment of the occupants. Street rights-of-way, driveways and parking lots which directly serve dwellings or commercial buildings shall not be counted toward area requirements of COMMON OPEN SPACE. Those directly serving recreational areas may be counted toward COMMON OPEN SPACE area requirements at the discretion of the Plan Commission.
GROSS LAND AREA. All areas (whether covered by land or water) contained within the exterior property boundaries of the PUD that are a part of the PUD.
LANDOWNER. The legal or beneficial owner or owners of all of the land proposed to be included in a PUD. The holder of an option or contract to purchase, a lessee or other persons having an enforceable proprietary interest in such land shall be deemed to be a LANDOWNER for the purposes of this subchapter.
PLAN. The written and graphic submission for a PUD, including a plat of subdivision; all covenants and articles of incorporation of the homeowner’s association relating to use; location and bulk of buildings and other structures; density of development; private streets, ways and parking facilities; common open space; and public facilities.
PLANNED UNIT DEVELOPMENT (PUD). An area of land, controlled by a landowner, to be developed as a single entity for a variety of dwelling units and/or other uses, the plan for which does not correspond in lot size, bulk or types of dwelling, density, lot coverage and required open space to the regulations established in any one zoning district, created from time to time, under the provisions of this chapter, enacted by the Town Council.
PROFESSIONAL CONSULTANT. A person who possesses the knowledge and skills, by reason of education, training and experience, to comprehend the full nature and extent of the project in question regarding its social, economic, physical, environmental and design characteristics and implications in order to foster a unified plan for development. He or she may be, but not necessarily limited to, a registered architect, landscape architect, engineer, planner or equivalent.
PUD. Planned unit development, as defined in PLANNED UNIT DEVELOPMENT (PUD) above.
(2004 Code, § 9-200)