§ 156.333  PROCEDURE.
   The developer shall comply with the following procedure for the submission and approval of a planned unit development.
   (A)   Proposed development plan.
      (1)   Submission of proposed development plan.
         (a)   For the purposes of accomplishing the objectives of this subchapter, the owner or owners of any tract of land shall submit a proposed development plan for the use and development of the land to the Plan Commission for review and public hearing.
         (b)   The applicant shall submit six copies of the proposed development plan. As a minimum, the proposed development plan shall contain the following information:
            1.   Access from public streets and internal site circulation;
            2.   General locations of proposed land uses and open spaces;
            3.   Existing site topography;
            4.   Typical building elevation(s) depicting the size and general character of proposed buildings;
            5.   Other project amenities;
            6.   A submittal letter describing the proposed project including:
               a.   Existing site land use and zoning;
               b.   Proposed land use and requested zone changes; and
               c.   Overall density of the project in terms of dwelling units per acre and/or gross floor area of non-residential buildings.
            7.   Other descriptive data to further explain the project.
      (2)   Hearing.
         (a)   Within a reasonable time after submission of the proposed development plan, the Plan Commission shall set a date for a public hearing and give 15 days’ notice.
            1.   If the Plan Commission approves, or approves with modifications, the development plan after public hearing, the Plan Commission shall affix its seal on the plans and provide the owner with a copy.
            2.   If the Plan Commission disapproves the proposed development plan after public hearing, the reasons for such disapproval shall be recorded in the minutes and the owner provided with a copy.
         (b)   Approval of the proposed development plan for a planned unit development shall not constitute town approval of the future preliminary plat or final plat. Rather it shall be deemed an expression of approval of the concepts and details of the proposed development plan as stated in the application for approval of the planned unit development, and as a specific guide to the preparation of the preliminary and final plats which are required as part of the application for approval of the planned unit development plan. Further, it indicates approval of the details in the application and a commitment by the applicant to such details.
      (3)   Effective time of approval. Approval of the proposed development plan by the Plan Commission shall be effective for a period of 12 months. Within this period of time, the owner shall file for preliminary plat approval or the development plan shall become null and void.
   (B)   Preliminary plat. The owner or applicant shall submit a preliminary plat to the Plan Commission in conformance with the procedures set forth in the subdivision regulations and below.
      (1)   Submission of preliminary plat.
         (a)   The preliminary plat shall conform to the previously approved development plan.
         (b)   The applicant shall submit six copies of the preliminary plat and complete application.
         (c)   All regulations for preliminary plat submissions as identified below shall be adhered to, except those regulations concerning lot size, setbacks, lot coverage, lot widths, building heights, street widths and rights-of-way which may be modified by the Plan Commission.
            1.   The preliminary plat shall provide following information:
               a.   Location map (which may be prepared by indicating the data by notations on available maps) showing:
                  i.   Project name and location;
                  ii.   Any thoroughfares related to the planned development;
                  iii.   Existing elementary and high schools, parks and playgrounds, available for serving the planned development and other community facilities; and
                  iv.   Title, scale, north point and date.
               b.   A preliminary plat showing:
                  i.   Proposed name of the subdivision or development;
                  ii.   Names and addresses of the owner, subdivider, land planning consultant, engineer or surveyor, who prepared the plan;
                  iii.   Adjacent property owners, existing land uses and existing zoning within 200 feet of the subject property;
                  iv.   Streets and rights-of-way, on and adjoining the site of the proposed subdivision or development, showing the names (which shall not duplicate other names of streets in the community, unless extensions of such streets) and including roadway widths, approximate gradients, types and widths of pavement, curbs, sidewalks, crosswalks and other pertinent data;
                  v.   Easements including locations, widths and purposes;
                  vi.   Statement concerning the location and approximate size or capacity of utilities to be installed;
                  vii.   Layout of lots showing dimensions and numbered consecutively throughout the entire development;
                  viii.   Parcels of land and square footage of areas proposed to be declared or reserved for schools, parks, common open spaces, playgrounds or other public, semi-public or community purposes;
                  ix.   The areas of the subdivision or development to be used for each type of land use including residential (number of units, size and density), commercial, office, industrial or other activities indicating the total square footage of each use;
                  x.   Contours at vertical intervals of two feet if the general slope of the site is less than 10% and at vertical intervals of five feet if the general slop is greater than 10%;
                  xi.   Tract boundary lines showing dimensions, bearings, angles and references to section, township and range lines or corners;
                  xii.   Building setback lines and building orientation;
                  xiii.   A signage plan identifying the sizes and locations of all signage;
                  xiv.   Landscaping and existing vegetation, including planned buffer areas between use groups;
                  xv.   A traffic impact study, if determined necessary by the town;
                  xvi.   A document describing the proposed phasing program for the project for all dwelling units, commercial or office structures, industrial, recreational and other common facilities, landscaping and other open space improvements;
                  xvii.   Legend and notes;
                  xviii.   Other features or conditions which would affect the subdivision or development either favorably or adversely; and
                  xix.   Scale, north point and date.
               c.   A description of the protective covenants, homeowners association or private restrictions to be incorporated in the plat of the subdivision or development, or become covenants in the deeds for lots; and
               d.   The preliminary plat of the subdivision or development shall be drawn to a scale of 50 feet to one inch, or 100 feet to one inch; provided, however, that, if the resulting drawing would be over 36 inches in shortest dimension, a scale as recommended by the Commission may be used.
            2.   The review process may require the dissemination of the necessary drawings and information to the appropriate town departments for their review and comments.
      (2)   Hearing.
         (a)   Within a reasonable time after submission of the preliminary plat, the Plan Commission shall set a date for a public hearing and give 15 days’ notice according to the requirements of I.C. 5-3.
            1.   If the Plan Commission approves, or approves with modifications, the development plan after public hearing, the Plan Commission shall affix its seal on the plans and forward the recommendation to the Town Council for consideration.
            2.   If the Plan Commission disapproves the proposed development plan after public hearing, the reasons for such disapproval shall be recorded in the minutes and the owner provided with a copy.
         (b)   Approval of the preliminary plat by the Plan Commission and Town Council shall be effective for a period of 12 months. Within this period of time, the owner shall file for final plat approval or the preliminary plat shall become null and void.
   (C)   Final plat. The submission of a final plat for all or any portion of the preliminary plat shall be in accordance with the procedures as set forth for a final plat in the subdivision regulations and with the requirements below.
      (1)   Submission of final plat. The applicant shall submit six copies of the final plat and complete application.
         (a)   The final plat shall contain the following information:
            1.   Accurate boundary lines, with dimensions and angles, which provide a survey of the tract, closing with an error of not more than one foot in 20,000 feet;
            2.   Accurate distances and directions to the nearest established street corners or official monuments. Reference corners shall be accurately described on the plan;
            3.   Accurate locations of all existing and recorded streets intersecting the boundaries of the tract;
            4.   Accurate metes and bounds description of the boundary;
            5.   Source of title to the land to be subdivided as shown by the books of the county’s Recorder;
            6.   Adjacent property owners, existing land uses and existing zoning within 200 feet of the subject property;
            7.   Street names;
            8.   Complete curve notes for all curves included in the plan;
            9.   Street lines with accurate dimensions in feet and hundredths of feet, with angles to street, alley and lot lines;
            10.   Lot numbers and dimensions;
            11.   Accurate locations of easements for utilities and any limitations on such easements;
            12.   Accurate dimensions for any property to be dedicated or reserved for public, semi-public or community use;
            13.   The areas of the subdivision or development to be used for each type of land use including residential (number of units, size and density), commercial, office, industrial or other activities indicating the total square footage of each use;
            14.   Building setback lines, building orientation and dimensions;
            15.   Site plans, floor plans, elevations and cross-sections for representative buildings. Additional exterior detail drawings, materials specifications and paint colors shall be required if deemed essential to the further understanding of the intent or scope of the final plat;
            16.   A signage plan identifying the sizes and locations of all signage;
            17.   A detailed landscaping plan for all areas, indicating all existing and proposed vegetation by species, size and caliper; dimensions and materials, irrigation and special lighting fixtures;
            18.   Location, type, material and size of all monuments and lot markers;
            19.   Plans and specifications for the improvements required in this chapter;
            20.   Restrictions of all types which will run with the land and become covenants in the deeds for lots;
            21.   Name of the subdivision or development;
            22.   A document describing the proposed phasing program for the project for all dwelling units, commercial or office structures, industrial, recreational and other common facilities, landscaping and other open space improvements;
            23.   Name and address and owner and the subdivider;
            24.   North point, scale and date;
            25.   Certification by a registered land surveyor;
            26.   Certification of dedication of streets and other public property;
            27.   Certificate for approval by the Plan Commission; and
            28.   Certificate for approval by the Board of County Commissioners if the development lies wholly, or partly, beyond the town limits.
         (b)   The original drawing of the final plat of the subdivision shall be drawn to a scale of 50 feet to one inch; provided that, if the resulting drawing would be over 36 inches in shortest dimension, a scale of 100 feet to one inch may be used.
   (D)   Planned unit development standards for review. Using the information submitted by the owner or applicant, the Plan Commission shall review the application as to whether the petition meets the following standards.
      (1)   The proposed development shall conform to the adopted comprehensive plan, or represent a land use policy, which, in the Plan Commissions’ opinion, is a logical and acceptable change in the adopted comprehensive plan.
      (2)   The proposed development shall conform to the intent and all regulations, requirements and standards of a planned unit development.
      (3)   The proposed development shall be adequately served by public facilities and services such as, but not limited to, streets, police and fire protection, school capacity, drainage course, water and sanitary facilities, refuse disposal, and sidewalks; or that the persons or agencies responsible for the proposed development shall be able to properly provide such facilities and services.
      (4)   Common open space, other common properties and facilities, individual properties and all other elements of a planned unit development are so planned that they will achieve a unified open space and recreation area system with open space and all other elements in appropriate locations, suitably related to each other, the site and surrounding lands.
      (5)   The petitioner shall have made provision to assure that public and common areas will be or have been irrevocably committed for that purpose with notations of such commitment being denoted on the final plat. Provisions shall be made for financing of improvements shown on the plan for open space and other common areas, and that proper maintenance of such improvements is assured.
      (6)   Traffic to, from and within the site will not be hazardous or inconvenient to the project or to the surrounding neighborhood. In applying this standard the Plan Commission shall consider, among other things: convenient routes for pedestrian traffic; relationship of the proposed project to main thoroughfares and street intersections; the construction of any roadway improvements necessary to mitigate the impact of the development; and the general character and intensity of the existing and potential development of the neighborhood.
      (7)   The mix of housing unit types and densities, shall be acceptable in terms of compatibility, issues of privacy and similar measures.
      (8)   Where applicable, the convenience type retail or non-residential development within the project shall be appropriately located within the planned unit development such that the vehicular traffic generated by those uses does not affect the residential portions of the development.
      (9)   The Plan Commission shall determine, where applicable, that noise, odor, light or other external effects which are connected with the proposed uses, will not adversely affect adjacent and neighboring lands and uses outside of the planned unit development.
      (10)   The proposed development shall create a minimum disturbance to natural features and land forms.
      (11)   The property shall have adequate access to public streets. The plan shall provide for logical extensions of public streets and shall provide suitable street connections to adjacent parcels, where applicable.
      (12)   Pedestrian circulation shall be provided within the site, and shall interconnect all use areas, where applicable. The pedestrian system shall provide for a logical extension of pedestrian ways outside the site and to the edges of the site, where applicable.
(Ord. passed 9-26-2006)