The authorization of a unit development plan shall be subject to the procedures expressed herein.
(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 Commission, a preliminary plan for any area proposed for development as a unit development plan shall be first presented to the Executive Director. At such presentation, three copies of a preliminary plan of the proposed development, containing the following information, shall be submitted for advice:
(1) Proposed dimensioned layout to scale not to exceed 100 feet equals one inch of any streets, buildings, open space, property divisions and other elements basic to the proposed use in relationship to site conditions;
(2) Proposed locations, amounts and types of non-residential uses within the area proposed to be developed;
(3) Proposed plan for handling vehicular traffic, parking, sewage disposal, drainage, water supply, site perimeter treatment and other pertinent development features;
(4) The preliminary plan may be an approximate drawing, but it shall include any other graphic mediums, which will explain the features to be contained within the development of engineering feasibility;
(5) If the unit development plan is to supersede an original plat or subdivision being vacated, the original plat shall be shown by dotted lines in relationship to the lines of the new plan, the new plan being clearly shown in solid lines;
(6) The plan shall show the boundary lines of adjacent subdivided and unsubdivided land and the existing zoning of the area proposed to be developed, as well as the land adjacent thereto. In the case of a petition by owners, the plan shall also show which property within the area proposed for development is owned by such owners;
(7) An enumeration of covenants, in general terms, proposed to be made a part of the unit development plan; and
(8) A statement expressing the order and estimated time of development.
(B) Within 15 days after such presentation, the Executive Director shall consult with the petitioner regarding the preliminary plan. After such consultation, the petitioner may make modifications to the petition, which are deemed appropriate.
(C) Application for approval of the planned development shall then be submitted to the Commission with a letter of recommendation from the Executive Director, accompanied by six 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 this chapter and subject to the procedures applicable thereto. The 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.
(D) The approved preliminary unit development plan shall then be certified to the Board of County Commissioners or the responsible town council, as the case may be, for adoption as a “UD” Unit Development Plan District pursuant to the laws governing amendment of this chapter.
(E) Upon adoption by the respective authority, the planned development shall be returned to the 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 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. Such 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.
(1) Approval of a detailed site plan shall be obtained within one year after adoption by the Board of County Commissioners or respective town council, unless the Commission, upon proper application, for good cause shown, grants an extension of time for such period as it deems is in the public interest; provided, however, only the approved detailed unit development plan shall be required within the said one-year period, and platting for recording purposes of all or an appropriate part of the unit development plan may be undertaken in sections or phases at a later time.
(2) An approved detailed unit development plan may mean and be designated the same as a plat which has been granted secondary approval in accordance with the requirements of Ch. 155 of this code of ordinances.
(3) 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.
(4) In the event that approval of a detailed site plan is not obtained with the one-year period or an approved extension of time, the Commission shall initiate an amendment of this chapter so that the land will be zoned into the category or categories it held before being reclassified as a “UD” Unit Development Plan District.
(F) The Commission may allow the petitioner to develop the property involved in phases. If such phasing is permitted, the Commission may allow the petitioner to submit partial detailed site plans which correspond to the phases involved. Such partial detailed site plans, when approved, shall be treated in the same manner as approved detailed site plans for an entire unit development plan.
(G) Where a platting, re-platting 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.
(H) No construction or installation work shall be done on any public improvements until satisfactory plans and specifications therefore have been submitted to the Commission in accordance with the provisions of Ch. 155 of this code of ordinances, and the petitioner has, at least 24 hours in advance, notified the Executive Director of his or her intention to begin such work, in order that inspections may be made as the work progresses.
(I) In the exercise of its continuing 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 its original approval.
(J) All development shall be in conformity with the approved detailed unit development plan. In the exercise of its continuing jurisdiction, the Commission shall take cognizance of any material deviations from the approved detailed unit development plan and take appropriate enforcement action.
(K) Approval by the Commission shall expire after a period of five years from the approval of a detailed unit development plan, unless the development is 50% completed in terms of public improvements, including streets, parks, walkways and utility installations, in which instance an extension of time may be granted by the Commission not to exceed five successive periods of two years each.
(L) All proceedings brought under this section shall be subject to the rules of procedure of the Commission, where not inconsistent with the procedure otherwise stated herein; except that, notice for proceedings related solely to approval and modification of a detailed unit development plan.
(Ord. passed - -2006, § 80.22(C))