(A) General. Planned developments are intended to permit a creative approach to the development of residential land; accomplish a more desirable environment than would be possible through the strict application of minimum requirements of the zoning ordinance; provide for an efficient use of lower housing costs; enhance the appearance of neighborhoods through preservation of natural features, the provision of underground utilities where feasible, and the provision of recreation areas and open space; provide an opportunity for new approaches to living environment; and provide an environment of stable character compatible with surrounding residential areas. Planned developments are required to meet certain development standards to ensure compatibility with surrounding land uses, provide for attractive, well planned projects, and to promote the public health, safety and welfare of the town. The zoning enforcement officer shall review development plans for planned developments prior to presentation to the Board of Adjustment. The Planning and Zoning Board shall have the opportunity to review the plans and make recommendations regarding the proposed planned development.
(B) Uses permitted. Within a planned development, a building or premises shall be used for the permitted uses in the respective zoning district, as well as the following:
(1) Public or private recreation space.
(2) Customary accessory buildings, including private garages, non-commercial workshops, greenhouses, clubs, inns, and lodges which are accessory to the primary residential function of the development, and which are an integral part of the planned development.
(3) Private, non-commercial recreational facilities and buildings which are accessory to the primary residential function of the development, and which are an integral part of the planned development.
(C) Development standards.
(1) Minimum project size. Each planned development shall be developed on a tract not less than three acres in size.
(2) Lot, yard, landscaping, and height requirements. Lot size, lot width, yard, and height requirements as specified in § 156.076 are waived for planned developments, provided that the spirit and intent of this section are complied with in the total development plan, as determined by the Board of Adjustment. Landscaping requirements as specified in § 156.056 are waived for planned developments, provided that the spirit and intent of this section are complied with in the total development plan, as determined by the Board of Adjustment. The Board of Adjustment may determine that certain setbacks and landscaping be required within all or a portion of the perimeter of the site, and shall exercise ultimate discretion as to whether the total development plan complies with the spirit and intent of this section.
(3) Maximum density. The overall maximum density (dwelling units per acre) allowed in planned developments shall not exceed 50% in excess of the density which would be achieved under standard zoning regulations.
(4) Streets and driveways. All streets within planned developments shall meet the requirements of Chapter 155 - Subdivision Roads. The access streets must be connected with a state or city street or highway. Each lot within a planned development must be served by a driveway (surfaced as per division (C)(5) below) connecting to an internal street. No lot within a planned development shall have direct access to a town street or state highway.
(5) Off-street parking. Each dwelling unit within a planned development shall have two off-street parking spaces surfaced with pavement or a minimum of four inches of crushed stone or gravel, extending to the internal street serving the space.
(6) Signs. Permanent signs for identification of a planned development shall be no more than 50 square feet in size and no closer than 20 feet to any property line. One sign per planned development is permitted. Illumination of the signs must be indirect, nonflashing and the source must not be visible from adjoining property or public streets or roads.
(7) Buffer strips. Buffer strips as required by § 156.056 shall be provided by the developer on planned development boundaries. All vegetation must be maintained in a healthy condition by the owner or developer. Dead or damaged plants shall be replaced promptly.
(8) Water and sewerage service. Planned developments shall install public water and sewerage systems as per town sizes, standards and specifications. After construction, the systems shall be dedicated to the town for operation and maintenance. If town water and sewerage services is unavailable, or the proposed planned development is outside the town boundary, the developer shall construct systems which must be approved by the appropriate state agency prior to the approval of planned development by the Board of Adjustment.
(9) Garbage and refuse. All refuse containers shall be located on a concrete, asphalt or similar base, and shall be enclosed on three sides by a wood or masonry fence or wall at least six feet in height. One refuse container having at least an eight cubic yard capacity shall be required for every twenty lots. The method of garbage and refuse disposal shall be approved by the Appalachian District Health Department if not served by municipal garbage collection.
(10) Privacy. Each development shall provide reasonable visual and acoustical privacy for all dwelling units. The minimum distance between buildings shall be 20 feet or as otherwise specified by the Board of Adjustment to ensure adequate air, light, privacy, and space for emergency vehicles.
(11) Ownership, dedication and maintenance of common areas and facilities. All common areas and facilities, including but not limited to, roads, parking areas, open space, recreational areas, landscaping, common areas, lighting, signage, waste storage and pick-up facilities, within and a part of the planned development proposed for common ownership, and as shown on the site plan, shall be conveyed to a legally constituted property owners association and dedicated by recorded restrictive covenants running with the land that describe the areas and facilities and their maintenance and improvement requirements.
(12) Property owners association. Applicants for planned developments shall create a property owners association and submit to the zoning enforcement officer copies of all documents pertaining to the organization and operation of such association prior to approval of the site plans. The instruments shall include the following provisions:
(a) The association shall be established prior to the recording of a plat or the sale of lots or units.
(b) Open space areas shall be reserved in perpetuity.
(c) The association shall be responsible for liability insurance, local taxes, and the maintenance of all designated common facilities that may include streets, open space and recreational areas, pedestrian facilities, storm water facilities and easements.
(d) The association shall provide for the payment of member dues for the pro rata share of the cost. The assessments levied by the association may become a lien on the property of the members.
(e) The association shall have the right periodically to adjust the assessments to meet the changing needs of the development.
(13) Title transferred free of debt. Prior to the conveyance of the first lot in any planned development, all common areas and facilities shall be transferred free of debt to the property owners association created for that planned development.
(D) Local review.
(1) Site plan requirements. Plans are required before any consideration is given by the town. At least five copies of all required plans, drawings and specifications shall be furnished, and shall include the following information:
(a) General information. Including topographical features, streams, vegetation, soil types, flood prone areas, historic sites and other features;
(b) Timing of development. The proposed schedule of development including phases or stages likely to be followed;
(c) Public water and sewer system. Location of public waters and sewer lines presently in existence, connections to these lines, manholes, pumping stations, fire hydrants and other necessary features. All planned developments must have public water and sewer service or approved treatment facilities as required by the appropriate state or district authorities;
(d) Storm water drainage system. Proposed storm water drainage system;
(e) Streets, curbs and gutters, electrical systems and street lights. Proposed location and design of streets, curbs and gutters, electrical systems and street lights;
(f) Grading plan and sedimentation control measures. Proposed grading plan and sedimentation control measures;
(g) Street access, easements, monuments and property lines. Proposed street access, easements, monuments and property lines;
(h) Open space, communal space. Designated open space, recreational areas, and communally owned facilities;
(i) Sidewalks. Proposed location and design of sidewalks;
(j) Parking and circulation. The proposed location and extent of parking spaces and circulation routes, shall be shown as required in § 156.055;
(k) Floor plans and building layouts. Proposed location and floor plans of all proposed structures;
(m) Existing vegetation. The developer should make every reasonable effort to preserve existing vegetation. By preserving existing vegetation, potential erosion and sedimentation are minimized and vegetated buffer zones for the use of the residents are provided. The Board of Planning Board may allow appropriate existing vegetation to substitute for buffer strip and landscape screen requirements if the intent of this chapter as expressed in § 156.056 is upheld;
(n) Refuse collection. All refuse containers shall be located on a concrete, asphalt or similar base, and shall be enclosed on three sides by a wood or masonry fence or wall at least six feet in height. One refuse container having at least an eight cubic yard capacity shall be required for every twenty lots;
(o) Names and the like. Name of Planned Development, names and addresses of the owner(s), designer or surveyor;
(p) Date and the like. Date, scale and north arrow;
(q) Boundaries. Boundaries of the tract with bearings, distances and metes and bounds; and
(r) Vicinity map. Vicinity map showing the location of the planned development, surrounding land uses and names and addresses of all adjoining property owners.
(2) The Planning and Zoning Board and the zoning enforcement officer shall review the preliminary development plan to determine if the standards in this section have been met. The zoning enforcement officer shall have 30 days to review the plans and make a recommendation to the Board of Adjustment.
(4) Following issuance of conditional use permit for the planned development, the applicant must follow applicable procedures for subdivision approval detailed in Chapter 154 - Subdivisions.
(Ord. passed 8-27-2019)