(A) Purpose. To encourage good land and building site design, to encourage and allow a variety of housing types, but subject to the general density of the applicable zoning district with respect to the total area to be developed under this procedure, and to allow the development of land areas so located or situated as to require special consideration by granting specific exceptions to the required standards.
(B) Procedure. The authorization of a planned residential development to be located in any district as described in this section shall be subject to the following conditions in addition to the regular procedure for zoning or platting approval.
(1) Preliminary consultation and preliminary plan.
(a) The owner or owners proposing to develop land as a planned development shall consult with the Building Commissioner before submitting the development plan to the Commission for approval. At this consultation, two copies of a preliminary plan of the proposed development, containing the following information, shall be presented for staff advice:
1. Proposed layout of streets, buildings, lots and other elements basic to the proposed use in relationship to site conditions.
2. Proposed locations of commercial, industrial, residential, park, school, recreational and other public and semi-public uses within or near the area proposed to be developed.
3. Proposed plan for handling vehicular traffic, parking, sewage disposal, drainage, water supply and other pertinent site development features.
(b) The preliminary plan may be a freehand pencil drawing but shall be superimposed upon a print of a topographic survey of the area proposed to be developed and may include any other graphic mediums which will explain the features to be contained within the development.
(2) At the conclusion of the consultation the Building Commissioner shall make note in writing on the preliminary plans his or her unofficial agreement or disagreement with the preliminary plans and the other information presented. One copy of the preliminary plans shall be retained in the Offices of the Commission for filing and one copy furnished to the applicant.
(3) Application for approval of a planned development may then be made to the Commission by the submittal of three copies of a development plan and any other desired supporting documents to the Commission. The Commission shall carefully consider the development plan and recommendations thereto of the Building Commissioner. The Commission may approve, recommend the development as submitted, disapprove, or may modify, alter, adjust or amend the plan. The development plan if approved shall be stamped “Conditionally Approved Development Plan” and be signed by the officers of the Commission and one copy shall be retained in the offices of the Commission for filing and one copy furnished to the applicant.
(4) These recommendations and all conditions if any shall be recorded in the minutes of the Commission meeting and the plan with any amendments thereto, shall become a part of the records of the Commission and shall include a finding as to whether the proposed development is consistent with the master plan of the town.
(5) Approval by the Commission shall expire after a period of three years unless all portions of the development have been platted and recorded, unless an extension of time is granted by the Commission.
(6) (a) After the development plan has been conditionally approved by the Commission, application may then be made to the Commission for plat approval of all or any portion of the land designated on the development plan by the submittal of a plat or plats which shall set forth all the conditions as required under division (B) and the Subdivision Control Ordinance.
(b) To carry out the design and conditions as shown or set forth in the development plan and supporting documents, the applicant may be required by the Commission to reserve or to provide for the reservation of land for park and school purposes and the dedication of land for streets and other rights-of-way; and by appropriate covenants, to restrict areas perpetually as open space, private roads or other public or semi-public uses, and the like, for common use.
(C) Conditions.
(1) If in approving any plat, the Commission finds that it is desirable or necessary that there be special exceptions to the zoning ordinance, the Commission may recommend to the Board that special consideration be given to the granting of specific exceptions to the required standards of this zoning ordinance. The Commission shall transmit to the Board a report setting forth the reasons for its recommendations and indicating the suggested limit to any special exceptions granted.
(2) The tract or parcel of land involved must be either in one ownership or the subject of an application filed jointly by the owners of all property included (the holder of a written option to purchase land shall for purposes of such application be deemed to be an owner of such land) or by any governmental agency. It must constitute an area of at least 3.5 acres, or be bounded on all sides by streets, or by public open spaces, or the boundary, lines of less restrictive use districts.
(3) The development plan may indicate a proposed subsequent division of the land into separate units under one ownership or into one or more separately owned and operated units. Such proposed subsequent divisions, if approved along with the development plan, shall be permissible without any further approval of said plan; otherwise, subsequent division of the land shall be permitted only upon re-application to the Commission for approval of a revised development plan and resubmittal to the Board. The separation of units for purposes of platting shall follow the rules of the Subdivision Control Ordinance.
(4) The proposed development must 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 and areas for parking adequate for the occupancy proposed, or equal to the requirements of this chapter. It must include provisions for recreation areas to meet the needs of the anticipated population or as specified in the master plan.
(5) A planned residential development may contain commercial, industrial, professional, or special uses as an integral part of a residential development but such uses shall be planned and gauged primarily for the service and convenience of the residents of the Planned Development, except that when such a development will interfere with the general pattern of commercial, industrial, professional, or special use zoning, such uses shall not be permitted.
(6) Upon the abandonment of a particular project authorized under this section, or upon the expiration of three years from the authorization hereunder of a planned development which has not been completed (or commenced with an extension of time for completion granted according to the requirements of division (B)(5), the authorization shall expire and the land and the structures thereon shall only be used for any other lawful purpose permissible within the zoning district in which the planned development is located.
(7) No improvement location permit, or certificate of occupancy shall be issued until all requirements, conditions and facilities shown on the development plan and supporting documents are adhered, to, unless specific exceptions have been granted by the Board.
(D) Development plan. The development plan shall consist of at least the following documents: site plan, area map, topographic map. Additional graphic or explanatory materials may be included to explain or document the proposed development. These plans may be prepared in such a manner that they may subsequently be used to satisfy the requirements of the platting procedure, and shall present the information and data specified for the submittal of a plat by the subdivision control ordinance of the town.
(E) Covenants. Covenants when required by the Commission shall provide for at least the following provisions satisfactory to the Commission.
(1) Organization. Adequate provision for some type of organization with direct responsibility to, and control by, the property owners involved to provide for the operation and maintenance of any and all common facilities jointly shared by said property owners.
(2) Financial guarantee. Financial guarantee that satisfactory maintenance shall be provided for all common facilities jointly shared by said property owners providing that these common facilities shall be maintained to agreed upon standards prescribed by the organization or property owners of the area and set forth in the covenants and to be operated and maintained at no expense to the county or any other governmental unit.
(3) Private streets. For private streets hereinafter established in the town, the following procedure shall be followed:
(a) Construction standards. All private street rights-of-way and pavement shall be constructed in conformance with the minimum street specifications as set forth in the subdivision control ordinance unless special exceptions are recommended by the Commission to the Board as a part of the development plan and plat, and such special exception is granted by the Board. The Board may, in approving a development plan which is proposed to contain private streets, permit a narrower width of paved surface than is required by the above specifications. Such approval for reduced widths shall be based upon the street circulation system as shown in the development plan. In no event shall the permitted pavement width be less than 18 feet.
(b) Posting. At or near the entrance of each intersection of a private street with a dedicated public street there shall be erected and maintained by applicant or organization a sign post to which is attached a sign having an area of at least 15 inches by 21 inches upon which is printed and clearly legible in at least two-inch letters the name of the private street and the words “PRIVATE STREET” and in at least one-inch letters the words “NOT DEDICATED FOR PUBLIC USE OR MAINTAINED BY THE PUBLIC”. The words, letters and figures of the sign shall be arranged in substantially the following manner:
(NAME OF STREET)
PRIVATE STREET
NOT DEDICATED FOR PUBLIC USE
OR MAINTAINED BY THE PUBLIC
(c) Maintenance. All private streets shall be maintained by the owners of property contiguous or adjacent thereto or by aforesaid private organization in such a manner that adequate access by vehicular traffic is provided at all times so that fire, police, health and sanitation vehicles and public utility vehicles can serve the properties contiguous or adjacent thereto, and so that said vehicles will have adequate turning area.
(Ord. 480, passed 11-16-1970)