(A) Intent. The residential planned unit development is established to provide medium density residential development in areas of the village’s jurisdiction which are suited for some increased population and development densities. It is the intent and purpose of this section that the residential planned unit development compatibly blend with the existing character of the village in areas where existing utilities and community services are available and sufficient to accommodate an increased population density. The development as a special use provides for flexibility by encouraging a diversity in housing and controlled site plan review and approval process by the Board of Adjustment. The Board of Adjustment shall have the discretion to determine whether a proposed development is compatible with the character of the neighborhood in which it is located, and that certain reasonable conditions and modifications may be required by the Board of Adjustment.
(B) Location. A residential planned unit development may be issued a special use permit in the R-3 Multi-Family Residential District.
(C) Permitted uses. The following uses are permitted in a residential planned unit development:
(1) Single-family dwellings, excluding manufactured homes;
(2) Multi-family dwellings, including condominiums, townhouses, and individual units or clusters of detached units located on lots or tracts in single ownership or held in common ownership under a condominium agreement;
(3) Customary accessory building, including garages and storage buildings;
(4) Recreational facilities intended exclusively for use by the owners, residents, and guests of the RPUD, and which are an integral part of such development;
(5) (a) The following accessory commercial uses may be permitted in a residential planned unit development, designed for 50 or more dwelling units, subject to the provisions of this section:
1. Real estate sales and rental offices for on-premises inventory only;
2. Administrative offices for the residential planned unit development; and
3. Property management offices exclusively for the planned unit development.
(b) The above listed accessory uses may be permitted subject to the following conditions:
1. The residential planned unit development shall have a minimum of seven acres;
2. All sales and rentals shall be for the use and convenience of the owners, residents, or guests of the residential planned unit development;
3. All accessory uses listed in this division (C)(5) shall not occupy more than 10% of the total floor area of the residential planned unit development, except that in no case shall the accessory uses exceed a maximum of 10,000 square feet. No individual accessory use permitted in this division (C)(5) shall occupy more than 5% of the total floor area of the development, except that in no case shall the accessory use exceed a maximum of 30,000 square feet; and
4. Any accessory use permitted in this division (C)(5) shall be designed in a manner compatible with the architectural style and function of the RPUD and development on adjacent properties.
(6) (a) The following accessory commercial uses may be permitted in a residential planned unit development which contains 150 or more dwelling units with certificates of occupancy, subject to the provisions of this section:
1. Retail sales for RPUD residents and guests, excluding petroleum products sold or disbursed from pumps, and provided no merchandise may be displayed or stored outside of the building;
2. Sports equipment sales and rentals for residential planned unit development residents and guests; and
3. Restaurants, when incorporated in the residential planned unit development.
(b) The above listed accessory uses may be permitted subject to the following conditions:
1. The residential planned unit development shall have a minimum of seven acres;
2. All sales and rentals shall be for the use and convenience of the owners, residents, and guests of the planned unit development;
3. All accessory uses listed in this division (C)(6) shall not occupy more than 10% of the total floor area of the residential planned unit development, except that in no case shall the accessory uses exceed a maximum of 30,000 square feet. No individual accessory use permitted in this division (C)(6) shall occupy more than 5% of the total floor area of the development, except that in no case shall the accessory use exceed a maximum of 6,000 square feet; and
4. Any accessory use permitted in this division (C)(6) shall be designed in a manner compatible with the architectural style and function of the RPUD and development on adjacent properties.
(D) Design requirements. The residential planned unit development shall be designed and constructed in accordance with the standards of this section, other applicable sections of this chapter, and such other conditions as may be required by the Board of Adjustment.
(1) Minimum size and ownership. The minimum lot area required for a residential planned unit development shall be at least two contiguous acres. The required two acres shall not be divided by, nor shall include any portion of an existing public street or right-of-way. Furthermore, no existing public rights-of-way or bodies of water shall qualify as a portion of the required minimum lot area. All of the land area within the proposed residential planned unit development shall be under single ownership or control of the applicant at the time the application is submitted.
(2) Density.
(a) The maximum residential density permitted in a residential planned unit development shall be eight units per acre, based upon the net lot area.
(b) In calculating the project density, the property acreage in any road rights-of-way and bodies of water shall be excluded from the total project acreage in order to determine the net lot area. The number of dwelling units permitted shall be rounded to the lowest whole number, not to exceed eight dwelling units per acre.
(c) In reviewing the site plans, the Board of Adjustment may determine that a lower density is required because of an adjacent neighborhood, the capacity of existing streets, water and sewer facilities, or the adequacy of fire protection and municipal services in the area where the project is proposed for development.
(3) Dimensional requirements and building coverage.
(a) The required yards and setbacks for individual structures of the R-3 District shall not apply to the residential planned unit development (RPUD). Within the development, no dwelling building shall be located closer than 30 feet from any adjacent street right-of-way line or 25 feet from any exterior property line. Non-dwelling accessory buildings, structures, or facilities such as, but not limited to, covered information areas and private security booths may be allowed within an adequate proximity to any adjacent street right-of-way located in the RPUD. Non-dwelling accessory buildings, structures, or facilities such as, but not limited to, covered informational areas and private security booths shall be located no closer than 25 feet from any exterior property line of the RPUD. There shall be a minimum of 20 feet between structures in the RPUD. The total building coverage area, including non-dwelling accessory buildings, structures, or facilities, but excluding roads, parking and service areas, and recreational facilities, shall not exceed 20% of the net lot area.
(b) All of the aforestated dimensional requirements and building coverage requirements shall be reviewed by the Village Planning Board and approved by the Village Board of Adjustment during the initial application process for a special use permit concerning the overall site plan as provided in division (E) below and Chapter 31.
(c) If a special use permit for the overall project or a specific phase has been approved as prescribed in this chapter and the developer later encounters a difficulty or hardship in relation to the street setbacks of non-dwelling accessory buildings, structures, or facilities, the Zoning Administrator is authorized to adjust only said setbacks to within an adequate proximity of the relevant street right-of-way in the RPUD. Said adjustment shall only be performed if the developer can prove the necessity for the requested change. Such factors as aesthetics, public safety, public information, traffic flow, and parking shall be considered in determining the necessity.
(4) Building requirements. All buildings in a RPUD shall conform to the following requirements.
(a) Building height. No building or structure erected as a part of a RPUD shall have a maximum height which exceeds 35 feet, as defined in § 154.021.
(b) Square foot minimum requirements. No residential buildings in a RPUD containing one or more dwelling units shall contain less than 1,600 square feet or heated floor space.
(c) Square foot minimum requirements per dwelling unit. No residential dwelling unit within a RPUD shall contain less than 800 square feet of heated floor space.
(5) Utilities. The residential planned unit development shall have all utility lines located underground. Further, the utilities shall conform to the following requirements.
(a) Water systems. Adequate water volume and pressure for domestic use and fire protection shall be available to the proposed project from the Carolina Water Service water system. The water system shall be designed by a registered engineer, and approved by the appropriate state and local agencies.
(b) Sewer systems. The project shall have access to the Carolina Water Service sewerage system. The project’s system shall be designed by a registered engineer, and approved by the appropriate state and local agencies.
(c) Storm water drainage. Storm water runoff shall be collected, channeled, or piped to discharge into natural drainage ways in a manner which will not cause erosion problems on adjacent public or private property. The system shall be designed by a registered engineer or other competent professional. The system shall meet village standards for a 25-year storm capacity. The design shall incorporate requirements of the erosion and sedimentation control plan during the construction phase, as well as the required facilities and design standards for the completed project.
(6) Street design and access. All residential planned unit developments shall have at least 200 feet of continuous frontage on a public road or highway. All public or private streets or roads within a residential planned unit development shall be designed and built to the public street standards in § 151.069. The village reserves the right to accept streets offered to it for dedication to the public. Compliance with the village street standards as defined in Chapter 151 and other applicable village ordinances shall be prerequisite for acceptance by the village.
(7) Exterior lighting. A residential planned unit development shall be provided with an exterior lighting system for the safety of access drives, service areas, and pedestrian walks. The lighting should incorporate lighting for pedestrian and vehicular safety and for crime prevention within the development. The lighting fixtures shall be designed in keeping with the scale and architectural harmony of the project. The fixtures shall be oriented, to the degree possible, to reduce glare within the project and on adjacent properties.
(8) Landscaping and screen planting.
(a) Within a residential planned unit development, a landscaping plan shall be considered a required element of the project. The landscaping plan shall require that all exposed surfaces be covered with a permanent plant or mulch material. Landscaping or natural vegetation shall cover at least 20% of the total lot area.
(b) The plan shall incorporate existing vegetation or landscaping trees and shrubs for the parking areas at a ratio of not less than one tree for each ten parking spaces. The eight-foot setback required for all parking lots adjacent to any street right-of-way shall be incorporated in the landscaping plan. All trees and plant materials shall be planted and maintained with accepted nursery practices, and all dead materials shall be replaced by the next growing season. Provisions for the permanent maintenance of all landscaping and screen planting areas and materials shall be incorporated in the restrictions and covenants required by this chapter.
(c) Where the Planning Board and the Board of Adjustment deem necessary, a screen planting shall be provided to form a visual separation between the residential planned unit development and adjacent residential areas where existing vegetation is inadequate. Screen plantings shall include two staggered rows of evergreen trees. Trees in each row shall be planted, as a minimum, at eight-foot intervals, and shall have a minimum height of five feet when planted. The trees shall be planted and maintained in accordance with accepted nursery practices, and all dead materials shall be replaced by the next growing season.
(9) Design. Conformity to the following standards is encouraged but not required.
(a) Where possible, use indigenous materials of the region such as stone or natural wood.
(b) Buildings and grounds should be designed utilizing colors, materials, finishes, and proportions in a manner to produce a coordinated appearance.
(10) Restrictions and covenants. Restrictions or covenants for the permanent ownership and maintenance of common areas and facilities, open space, landscaping and screening, roads, and utilities are required as part of submission.
(E) Review process. Prior to the issuance of any permits for construction or development of a residential planned unit development, a developer shall make application for a special use permit with the Zoning Administrator. The application and review process shall incorporate the following procedures.
(1) Preliminary conference. At the time of the application, the developer shall schedule a conference with the Zoning Administrator to review the standards and procedures required by this chapter prior to the Planning Board’s consideration of the application.
(2) Planning Board review. Following the preliminary conference with the Zoning Administrator, a developer shall submit seven copies of the preliminary site plan with the required documentation in division (G) below to the office of the Zoning Administrator at least 14 days prior to the Planning Board’s first scheduled consideration of the project. The Planning Board shall review the preliminary site plan for conformance with the provisions of this chapter and forward its recommendations to the Board of Adjustment. If no action is taken by the Planning Board within 45 days after its first consideration of the plans, the plans shall be deemed to have been recommended for approval by the Planning Board.
(3) Board of Adjustment review. Following the Planning Board’s review, the site plans, documentation, and the Board’s recommendations shall be forwarded to the Board of Adjustment for its action in accordance with the provisions in this section and Chapter 31. The Board of Adjustment may approve, conditionally approve, or disapprove the preliminary site plans. Upon approval of the preliminary site plans by the Board of Adjustment, the developer may submit final site plans for review and approval. No permits shall be issued until final site plans have been submitted and approved by the Board of Adjustment.
(4) Final site plan review.
(a) Upon approval by the Board of Adjustment of the preliminary site plan, except as otherwise provided, the developer shall submit seven copies of the final site plan for the entire project or a specific phase of the project to the Zoning Administrator at least 14 days prior to the Planning Board’s first consideration of the project. The final site plan and documentation shall conform with the approved preliminary site plan and the required information in division (H) below and other applicable sections of this chapter.
(b) The Planning Board shall review the final site plan for conformance with the approved preliminary site plan and requirements of this chapter and forward its recommendation to the Board of Adjustment. If no action is taken by the Planning Board within 45 days after its first consideration of the final site plans, the plans shall be deemed to have been recommended for approval by the Planning Board.
(5) Board of Adjustment review. Following the Planning Board’s review of the final site plans, the Board of Adjustment shall review and approve, conditionally approve, or disapprove the final site plans in accordance with the requirements and procedures of this section and Chapter 31.
(6) Waiver of preliminary site plan. A developer may choose to omit the preliminary site plan review, provided the project is to be completed in one phase and all of the required documentation is provided and submitted in accordance with this section.
(F) Project phasing. Every residential planned unit development which is to be developed in phases shall submit a preliminary site plan for the entire project site owned or controlled by the developer. The preliminary site plan shall incorporate the information contained in division (G) below, and shall be reviewed and approved by the Planning Board and Board of Adjustment prior to the approval of the final site plans for any individual phase of the project. Each phase shall, within itself, satisfy the requirements of division (D) above.
(G) Preliminary site plan requirements. Upon application for a residential planned unit development, and following the preliminary conference with the Zoning Administrator, a developer shall submit a preliminary site plan for the entire RPUD project, except where a waiver is permitted in accordance with division (E)(6) above. The preliminary site plan shall provide the following information on the plan and include accompanying documentation:
(1) The proposed name of the development and the names of the developer, land owner, engineer, architect, and landscape architect or other professionals;
(2) A site plan to a scale of not less that one inch equals 50 feet, a north arrow, a vicinity map, and date. Topographic mapping with contour intervals of not more than five feet;
(3) A legal boundary description of the entire tract proposed for development, including a statement that the area shown on the preliminary site plan includes all the area and development currently under ownership, option, or other consideration by the land owner or developer shown on this plan. The description shall include the location of all existing rights-of-way, easements, streams or waterways, adjacent property uses, and the names of adjacent property owners;
(4) Project layout, including the location of all existing structures and the proposed general location and allocation of dwelling units, road locations, accessory structures and uses, setbacks, buffers and landscaping areas, natural areas, recreational facilities and areas, and project phasing lines;
(5) Preliminary utility layouts with preliminary approval from the appropriate local or state agencies. The location of all other utilities within or adjacent to the development site;
(6) Proposed typical site details for lighting, signage, walkways, fencing or walls, landscaping, parking layout, cross section for roads, access roads, and traffic volume, and any other pertinent site details. The site details shall be accompanied with a written description of how services and improvements are to be provided;
(7) Preliminary information on the proposed covenants or restrictions with regard to the ownership and maintenance of common areas and facilities, open space, landscaping and screening, roads, and utilities;
(8) Summary of project data including:
(a) Total project area;
(b) Approximate net project area;
(c) Total density permitted and density requested;
(d) Approximate percent of building coverage;
(e) Approximate percent of open space;
(f) Approximate length of roads and designation as public or private; and
(g) Type of units and conceptual plans and evaluations for residential structures.
(9) A designation and description of the proposed phasing plan for the project, including the approximate timing schedule, and the type of guarantee of performance to be requested.
(H) Final site plan. Upon approval of the preliminary site plan by the Board of Adjustment, except as waived under division (E)(6) above, the developer shall submit a final site plan in accordance with division (E) above and shall contain the following information:
(1) The proposed name of the development and the names of the developer, landowner, engineer, architect, designer, landscape architect, or other professional;
(2) The site plan to a scale not less than one inch equals 50 feet, a north arrow, a vicinity map, and date. Topographic mapping with contour intervals of not more than five feet;
(3) A legal boundary description of the entire tract proposed for development, the location of all existing rights-of-way, easements, streams or waterways, adjacent property uses, and the names of adjacent property uses, and the names of adjacent property owners. If the final plans are for a phase of the RPUD, the specific phase of the project shall be shown;
(4) Project layout including the location of all existing structures and the building envelope for each proposed principal and accessory structure and use, setbacks, and road off-street parking and loading layout. A typical cross section and public or private designation for all roads shall be submitted if not approved with a preliminary site plan;
(5) Basic floor plans, rendered elevations, or perspectives;
(6) The landscaping and screening plans, and the approximate location of all walkways, recreational areas, fences and walls, lighting, and signage. If the proposed typical site details for these items were not approved with a preliminary site plan, said details shall be submitted with the final site plan;
(7) The location, size, and gradient of all sanitary and storm sewers and water mains. The location of all other utilities within or adjacent to the development site;
(8) Method of buffering or concealing service areas, garbage retention and collection areas, and mechanical equipment from public and residential areas;
(9) Method of collecting, channeling, or piping to discharge storm water into natural drainage ways that will assure no damage to village facilities or neighboring properties;
(10) Approval for connections to public water and sewerage systems, electric, and phone;
(11) Approval of the soil erosion and sedimentation control plan by the appropriate state or local agency;
(12) Submission of the proposed covenants or restrictions for the ownership and maintenance of all common areas and facilities, open space, landscaping and screening, roads, and utilities;
(13) Submission of the proposed guarantee of performance provisions, including a list of all improvements to be covered by the guarantee agreement; and
(14) Summary of project data including:
(a) Total project area - area in proposed phase;
(b) Net project area in proposed phase;
(c) Total density proposed - density in proposed phase, including number of dwelling units;
(d) Percentage of building coverage in proposed phase in relation to project total building coverage;
(e) Percentage of open space and landscaping in proposed phase in relation to project total building coverage; and
(f) Length of roads and public or private designation in the proposed phase.
(I) Initiation of construction. No ground disturbing activities shall be initiated until the final site plans have been approved by the Board of Adjustment, a guarantee of performance has been approved, and until all local utility approvals and an approved soil erosion and sedimentation control plan have been received.
(J) Timing.
(1) If no development has occurred pursuant to the issuance if a special use permit one year after the date of the special use permit for the residential planned unit development, or upon the expiration of one 90-day extension of time for starting development granted by the Board of Adjustment, the special use permit shall become null and void and the procedures for application and review as outlined in this section shall be required for any development on subject property.
(2) For each phase, a time of completion date shall be agreed upon. Upon reaching this date, if the project has not been completed, the special use permit is null and void. The developer must reapply for a new special use permit in accordance with the provisions of this section before construction can continue.
(K) Staged development. After general construction commences, the Zoning Administrator shall review, at least once every three months, all permits issued and compare them to the overall development program. If determined that the rate of construction substantially differs from the approved site plan, the Zoning Administrator shall so notify the developer and Board of Adjustment in writing. Thereafter, the Board of Adjustment may issue such appropriate orders to the developer as it sees fit, and upon continued violation of this section, may order the Zoning Administrator to refuse any further permits until the project is in general accordance with the approved final site plan.
(L) Guarantee of performance.
(1) In order to insure that the public improvements are completed properly within a period of time specified by the Village Council, the developer shall enter into a guarantee for completion with the Village Council. A performance guarantee shall be negotiated between the developer and the Village Council prior to the issuance of the special use permit by the Board of Adjustment.
(2) The guarantee of performance shall require that the developer complete the public improvements including, but not limited to, roads, parking areas, and rights-of-way; water and sewer facilities; drainage, erosion, and sedimentation control facilities to be guaranteed are to be designated with submission of the final site plan. The guarantee shall be provided by either a performance bond, latter of credit, certified check, cash escrow, cash payment, or property bond as approved by the Village Council.
(3) The guarantee of performance shall be in an amount equal to 125% of the cost of the improvements included in the final site plan. If the project is to be completed in phases, the guarantee of performance may be applied to each phase. The release of a guarantee or performance, in total or in part, based on the percentage of improvements completed, by the Village Council shall be made upon a certification from the Zoning Administrator that the improvements have been completed in accordance with the approved final site plan for a phase of the overall project or the entire project.
(M) Default. Upon default, meaning failure on the part of the developer to complete the required improvements as specified and within the time period specified in the guarantee of performance, the institution holding the guarantee shall, if requested by the Village Council, pay all or any portion as may be required of the guarantee to the village for the purpose of completing specified improvements. Upon payment, the Village Council, at its discretion, may expend such portion of said funds as it deems necessary to have completed all or any portion of the required improvements. The village shall return to the institution any funds not spent in completing the improvements.
(N) Construction codes. Developer must comply with all applicable state and local construction codes and requirements.
(O) Changes to approved plans.
(1) The Zoning Administrator shall have the authority to approve minor changes requested by the developer to the approved final site plan when minor changes can protect environmental features of the site. All other changes shall require a review and approval from the Board of Adjustment.
(2) The village shall have the authority to require changes to the approved preliminary plan and subsequent final site plans which reflect changes in officially adopted maps, village policy, or programs established to enhance the public health, safety, and welfare.
(P) Failure to comply. Construction and use of the residential planned unit development shall be as set forth in the plans and applications approved by the Board of Adjustment. Construction or use differing from the approved plans and applications, except as provided in division (O) above, shall be deemed a violation of this chapter and subject to the enforcement under § 10.99.
(Prior Code, Ch. 1 Art. VIII § 801) (Res. R-2021.9, passed 6-22-2021)