(A) Purpose.
(1) The PD Planned Development District is established to encourage innovations in residential, commercial, industrial and recreational development by allowing for mixed land uses, variations in development densities and variety in the type, design and layout of buildings in a manner not allowed under traditional zoning.
(2) The PD District provides a means for clustering development and allowing for the preservation of open space, more effective land utilization and for more cost-effective and efficient extensions of infrastructure.
(3) The PD District is intended to provide a means for developing large or several different tracts of land into building and use complexes with a continuity of design and development. It shall not be available as a means to develop a single lot or several lots of average size.
(B) PD requirements.
(1) The boundaries of the PD are not delineated in this chapter but shall be fixed by amendment of the town’s zoning resolution and map, at such times in the future as such district may be applied to specific real property in this town.
(2) The PD shall be consistent with the intent and policies of the comprehensive plan.
(3) The PD shall be designed in a manner such that it protects the environmental assets of the area including considerations of elements such as plant and wildlife, streams and storm drainage courses and scenic vistas.
(4) The planned development’s relationship to and compatibility with its surroundings shall be considered in order to avoid adverse effects caused by traffic circulation, building height or bulk, lack of screening or intrusions on privacy.
(5) The PD design and construction plans shall take into account characteristics of soils, slopes and potential geological hazards, in a manner intended to protect the health, safety and welfare of potential users of the PD. These aspects of the plan must be accompanied by a detailed soil engineering report on the suitability of the area for the intended use and the necessary precautions needed to bring the area to a state of structural soundness before building permits may be issued.
(6) Design and construction of the PD shall include adequate, safe and convenient arrangements for pedestrian circulation, roadways, driveways, off-street parking and loading space.
(7) The mixture of uses and densities in a PD is negotiable. The applicant must demonstrate the positive benefits to the town of the PD district classification versus a traditional single-district zone classification.
(8) The plans for the proposed planned development shall indicate the particular portions of the project that the developer intends to develop under various use categories. Densities, averages and permitted uses shall be detailed for all development areas within the PD. A summary chart indicating development standards applicable to entire PD and/or separate areas within the PD will be required.
(9) The total parking requirements of the PD will not exceed the sum of the parking that would be required for each use. However, all the parking required for each district does not have to be provided within that district, and total parking requirements may be reduced, if the developer demonstrates to the town using industry standards that the total number of spaces are not needed within the PD.
(10) Planned open spaces within the PD, including those spaces being used as public or private recreation sits, shall be protected by adequate covenants running with the land or by conveyances or dedications.
(11) A minimum of 25% of the total PD area shall be devoted to open-air recreation or other usable open space (public or quasi-public). USABLE OPEN SPACE shall be defined as open area designed and developed for use by the occupants of the development or by others for uses, including, but not limited to, recreation, courts, gardens, parks and walkways. The terms may include space devoted to streets, parking and loading areas. Open space percentages within separate land use areas of a PD may vary from the 25% figure, but the total amount of open area must equal 25% of the overall acreage. This amount of open space may include any publicly dedicated land for parks and open space.
(12) Traffic circulation shall be determined by review of each Planned Development. The PD must have an adequate internal street circulation system. Public streets must serve all planning areas and meet minimum town construction standards for use by Police and Fire Department vehicles for emergency purposes. Each nonresidential structure or use in the PD must provide off-street loading spaces, loading berths, service courts or accesses for delivery and service vehicles.
(C) PD approval process.
(1) Final PD plan. In connection with any request for PD zoning, an application for a final PD plan shall be submitted in accordance with the requirements of § 153.176. Upon completion of staff review of the application materials, the Town Manager shall schedule the PD proposal for public hearings before the Planning Commission and the Board of Trustees. The Planning Commission shall review the proposed PD plan and send its recommendations to the Board of Trustees. The Board of Trustees shall approve, approve with conditions or deny the final PD plan in accordance with the criteria set forth in this section.
(2) Notice. Prior to the public hearings on the final PD plan, notice of the time, place and subject matter of the hearings shall be provided as follows:
(a) Published once in a newspaper of general circulation in the town at least 15 days prior to the hearing date of the Board of Trustees;
(b) Mailed by first-class, certified or registered mail to all owners of legal or equitable interests in the land, and owners of adjoining property within 300 feet of the outside boundaries of the property as shown by the application at least 15 days in advance of the hearings; and
(c) Posted on the property at least 15 days in advance of the hearing. The specification for such posting shall be as described in § 153.173.
(3) Amendments to the final PD plan. An amendment to the final PD shall follow the same process for approval of the original final PD plan, except the Town Manager may approve minor changes to the finial PD plan that do not:
(a) Change the permitted uses;
(b) Increase the height of buildings or structures;
(c) Decrease the amount of required off-street parking; or
(d) Reduce minimum open space or yards required.
(4) Effect of the final PD plan.
(a) After the final PD plan has been approved, the use of the land and the construction, modification or alteration of any building or structures within the Planned Development will be covered by the approved final PD plan.
(b) The approved final PD plan shall constitute the zoning document for the planned development and shall govern all land development with such PD area.
(D) Submission requirements.
(2) Additional items may be requested by the town at each stage of the process.
(E) Enforcement and modifications of PD provisions.
(1) To further the mutual interest of the residents, occupants and owners of a planned development and of the public in the preservation of the integrity of the plan, the provisions of the plan relating to the use of land and the location of common open space shall be in the best interests of the town and shall be enforceable in law or inequity by the town without limitation on any powers or regulation otherwise granted by law.
(2) All provisions of the PD shall run in favor of the residents, occupants and owners of the planned development, but only to the extent expressly provided in the plan and in accordance with the terms of the plan, and, to that extent, said provisions, whether recorded by plat, covenant, easement or otherwise, may be enforced at law or in equity by residents, occupants or owners acting individually, jointly or through an organization designated in the plan to act on their behalf. However, no provisions of the plan shall be implied to exist in favor of residents, occupants and owners except as to those portions of the plan which have been finally approved.
(3) All those provisions of the plan authorized to be enforced by the town may be modified, removed or released by the town, subject to the following.
(a) No modification, removal or release of the provisions of the plan by the town shall affect the rights of the residents, occupants and owners of the planned development to maintain and enforce those provisions at law or equity as provided above.
(b) No substantial modification, removal or release of the provisions of the plan by the town shall be permitted except upon a finding by the town, following a public hearing called and held in accordance with the provisions of this chapter, that the modification, removal or release is consistent with the efficient development and preservation of the entire planned development, does not affect in a substantially adverse manner either the enjoyment of land adjacent from the planned development or the public interest, and is not granted solely to confer a special benefit upon any person.
(c) Residents and owners of the planned development may, to the extent and in the manner expressly authorized by the provisions of the plan, modify, remove or release their rights to enforce the provisions of the plan, but no such action shall affect the right of the town to enforce the provisions of the plan.
(Ord. 2-98, passed 4-22-1998; Ord. 14-2017, passed 10-11-2017) Penalty, see § 153.999