The purpose of this subchapter is to provide desirable open space in commonly owned areas, tree cover recreation area, scenic vistas, and variety in development by allowing certain variations in lot size and design requirements, and the establishment of townhouses and condominiums. In no case shall the overall density of dwelling units be greater than that permitted by the applicable zoning requirements. Subject to the approval of the Board of Adjustment, the design standards as set forth in this chapter may be modified by the Planning Commission in the case of a plan and program for a planned development which may consist of offices, institutions, store, industries, townhouses and residences or any desirable combination of these establishments which meet the requirements of the Planned Development Provisions of the County Zoning Ordinance. Proposed ownership of planned developments may be by one individual, partnership, corporation, cooperative, condominium or any desirable combination. A preliminary and final plat of a planned development shall be submitted pursuant to the provisions of this subchapter in conformity with the following:
(A) Common areas. All planned unit developments shall contain commonly owned land equal in area to 20% of the entire development. Common areas shall not be less than two acres in size and shall be held in non-profit corporate ownership by the owners of lots within the development. In consideration of the purpose by a planned development, the title to such common areas or property shall be preserved to the perpetual benefit of the private properties in development shall be restricted against private ownership for any other purpose. If the corporation desires, improvements may be made within the common areas provided that maximum coverage of such improvement shall not exceed 25% of the entire common property. The developer shall submit and, after approval by the Planning Board record a declaration of the covenants and restrictions that will govern the ownership, management and maintenance of the common areas.
(B) Density. Individual lot size may be varied, but the overall density of a planned development shall not exceed that permitted original site development plan as approved by the Planning Board. All remaining land not shown, as lots shall be designated as common areas.
(C) North Carolina Unit Ownership Act. Before a declaration established a condominium or the declaration and plan shall be approved by the Planning Board as a preliminary and final plat.
(D) Site plan. Site plans for all planned development shall show the location of the buildings, streets, alleys, walks, parking areas, recreation areas, tree covers and planting. The site plan shall number and show streets utility easements to be dedicated streets and utility easements to be dedicated to the public. All areas on the site plan other than public streets, easements or private building sites shall be shown and designated as common areas.
(E) Landscape plan. A landscape plan for all planned development shall show all existing and proposed plant material. The plan shall indicate the size and type of existing plant material and the size and type or plants to be planted.
(F) Public access, easements, and private party walls. Building lots may abut or be provided with frontage on common areas, properly restricted through a property owners association to assure adequate access, if in the opinion of the county a public street is within an acceptable distance and would allow adequate community services. Easements over the common areas for access, ingress, and egress from and to public streets and walkways and easements for enjoyment of the common areas, as well as for parking, shall be granted to each owner of a residential site. All common walls between individual residences shall be party walls and provisions for the maintenance thereof and restoration in the event of destruction or damage shall be established.
(G) Utilities and improvements required. All planned developments shall include public water and sewer utilities, sidewalks, paved streets and parking area with curb and gutter, underground electric and telephone phone service, landscaping and any other improvements considered necessary by the Planning Board.
(Ord. passed 6-7-2021)