(A)   Intent. Planned unit developments, as defined in this subchapter, are recognized as being desirable in the town in order that the public health, safety  morals and general welfare be furthered in an era of increasing urbanization and of growing demand for housing of all types and design; to provide for necessary commercial and educational facilities conveniently located to such housing and to other areas of the community which require such facilities; to encourage innovations in residential and commercial development so that the growing demands of the population may be met by great variety in type, design and layout of the buildings and by the conservation and more efficient use of open space, and so that greater opportunities for better housing and recreation and shops, conveniently located to each other, may extend to all citizens and residents of the town; to encourage a more efficient use of land and of public services, or private services in lieu thereof, and to reflect changes in the technology of land development so that resulting economies may inure to the benefit of those who need home, to lessen the burden of traffic on streets and highways; to encourage the building of new developments incorporating the best features of modern design; to conserve the value of land; and, in aid of these purposes, to provide a procedure which can relate the type, design and layout of residential and commercial development to the particular site and the particular demand for housing and other facilities, including the foregoing, at the time of development in a manner consistent with the preservation of the property values within established residential area, and to insure that the increased flexibility of substantive regulations over land development authorized here in is subject to such administrative standards and procedures as shall encourage the disposition of proposals for land development without undue delay.
   (B)   Area requirements: uses and density regulations.
      (1)   Minimum area requirements.
         (a)   Planned unit developments comprising less than 30 acres shall contain residential uses only.
         (b)   All other planned unit developments comprising 30 acres or more, may contain all uses permitted by division (B)(2) of this section.
      (2)   Regulations of uses.
         (a)   Permitted uses.  Subject to division (B)(1) of this section, a planned unit development may contain any uses permitted in the following district:
            R-20   Suburban Residential District;
            R-8      Single Family Residential District;
            R-6      General Residential District; and
            B-2      General Business District.
         (b)   However, no more than 5% of the gross planned unit development acreage shall be used for commercial purposes.  Additional permitted uses in any residential zone include:  cluster homes, zero lot line houses, town houses and condominiums.
      (3)   Density limitations and open space requirements. The residential density in a planned unit development shall not exceed that defined in §§ 156.060 through 156.064.
   (C)   Open space, common open space.
      (1)   Open space. Planned unit developments shall provide open space as follows:
         (a)   Not less than 20% of the gross acreage when the development is 100 acres or less, and
         (b)   Not less than 25% of the gross acreage when the development exceeds 100 acres.
      (2)   Common open space;  for the collective enjoyment of the residents of the development, shall comprise at least 50% of the open space.
   (D)   Street design. All single family attached and detached dwelling units on individually platted lots shall have access to a street constructed to State DOT Standards in accordance with Article V of the Subdivision Regulations.
   (E)   Common parking.
      (1)   May be allowed in conjunction with multi-family structures.
      (2)   The land for such shall not be subdivided from the land, which contains the multi-family, structures it serves.
      (3)   Lots for such shall be built to the construction standards for public streets.
   (F)   Maximum building height.  Maximum building height shall be controlled by the zoning district regulations in which the development is occurring.
   (G)   Setbacks.
      (1)   All structures shall be set back a minimum of 30 feet from the project's perimeter boundaries.
      (2)   Single family (attached or detached) and two-three-and four-family requirements.
         (a)   Twenty (20) feet minimum front yard setback and 25 feet minimum length of paved driveway.
         (b)   Twenty (20) feet between exterior sides.
         (c)   Thirty (30) feet between exterior side wall of one dwelling unit and the rear of another.
         (d)   Fifty (50) feet between the rear of one dwelling unit and the rear of another.
         (e)   No building shall be closer than ten feet from any parking area.
         (f)   Fifty (50) feet outside side yard at street intersections.
      (3)   Multi-family (five or more) requirements.
         (a)   Twenty (20) feet front yard setback.
         (b)   Twenty (20) feet between exterior sides.
         (c)   Thirty (30) feet between an exterior side of one dwelling unit and the rear of another.
         (d)   Fifty (50) feet between the rear of one dwelling unit and the rear of another.
         (e)   Fifty (50) feet outside side yard at street intersections.
   (H)   Maximum frontage.  A townhouse type structure, whether multi-family or otherwise, and attached, shall not contain more than eight dwelling units unless recommended by the Planning Board and approved by the Town Board.
   (I)   Buffer strips and landscape screening. Landscaping and buffer strip requirements are established to improve the appearance of vehicular use are established to improve the appearance of vehicular use areas, outdoor storage yards, and utility areas; to required buffering between incompatible land uses; to protect the character and value of surrounding areas; and to reduce noise pollution, air pollution, hear and artificial light glare.
      (1)   Buffer strip required between residential districts and between residential districts and general business districts.  Where any residential district shall abut property in a business district, the owner or developer of the business property or his agent, shall cause to be planted on the common boundary an evergreen buffer strip at least ten feet in width consisting of one row of evergreen trees not more than 15 feet apart and one row of dense shrubs at not more than five feet apart.  The trees shall be at least five feet in height and the shrubs two feet in height at the time of installation.  Existing vegetation may be substituted for this requirement with planning board approval as per division (I)(3) of this section.
      (2)   Landscaping shall be required along any front or side property line that abuts the right-of-way of a street, road or highway.  Such landscaping shall be provided as follows.
         (a)   A landscaping strip of six feet in depth shall be located between the abutting right-of-way and any off-street parking, loading or other vehicular use areas, except where driveway openings are to be provided.
         (b)   There shall be a landscaping strip planted between the right-of-way and the off-street parking and the town engineer shall approve it.
      (3)   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.  Existing vegetation may be substituted for the requirement of division (I)(1) of this section.
      (4)   Fences.  If fencing is to be used in the project, a schematic fencing plan shall be incorporated in the development plan and shall clearly illustrate the types of fencing to be used.
   (J)   Off-street parking.  Two spaces, exclusive of carport or garage, for each dwelling unit are required.
   (K)   Lighting.  The plan to be used for lighting shall be submitted as part of the final plat for each phase of project, as warranted.
   (L)   Requirements for development.Master land use plan.  All applications for approval of a planned unit development shall be accompanied by a preliminary plat (Section 4.5(C) of the Subdivision Regulations) and a master land use plan which shall include, but not be limited to:
      (1)   The number and types of residential dwelling units;
      (2)   Planned primary and secondary traffic circulation patterns including an analysis of anticipated traffic;
      (3)   Planned park, playgrounds and open areas to be developed or preserved in accordance with § 156.137(C) of this chapter, or to be dedicated pursuant to the subdivision ordinance;
      (4)   Planned means of providing for the organizational arrangements for the ownership, maintenance and preservation of common open spaces;
      (5)   Relationship of the planned unit development to the surrounding land use;
      (6)   Plans for water and wastewater systems to be constructed in accordance with town standards;
      (7)   Plans for the access of firefighting and refuse disposal equipment; to include the method of refuse disposal such as compactors, dumpsters, and the like;
      (8)   Plans for all utilities (including cablevision) wherever reasonable possible all planned unit developments shall provide for underground installation of utilities in both public ways and private extension thereof, in accordance with the specifications and policies of the respective utility companies;
      (9)   Plans for an adequate storm drainage system to be constructed in accordance with town standards;
      (10)   The delineation of areas to be constructed in phases of sections and the sequential order that  will be followed in development including a written statement from the applicant indicating the date for beginning each phase of construction and the estimated date of completion;
      (11)   Drafts of any covenants which create a homeowners association for the maintenance of all privately owned common areas, including, but not limited to streets, parking areas, easements, and the like; and
      (12)   Drafts of any proposed declarations to be recorded pursuant to the North Carolina Unit Ownership Act (G.S. Ch. 47A).
   (M)   Detailed site plan and construction drawings. After approval of the master land use plan, the developer shall submit a final plat (Section 4.5(D) of the Subdivision Regulations) which shall in addition, contain the following:
      (1)   Detailed engineering and construction plans of all necessary on-site and off-site improvements in accordance with town standards that may be submitted in phases as approved by Town Council.
      (2)   Final copies of all necessary covenants and declarations.
      (3)   Detailed plans that specify the types of erosion and sedimentation control practices that are to be employed during all phases of construction so required by the Sedimentation and Pollution Control Act of 1973, as amended.
      (4)   In areas where the soil types and slope are such that the planning and zoning board deems it advisable, a report sealed by a North Carolina Register Professional Engineer practicing in the soils or geo-technical field describing the suitability of on-site soils for the proposed development.
      (5)   The planning and zoning board may, when it deems advisable, require greater detail on any of the items enumerated in this section.
   (N)   Procedures.
      (1)   Review by the Planning and Zoning Board.
         (a)   The master land use plan and the detailed engineering and construction drawings shall be submitted to and reviewed by the planning and zoning board and forwarded to the town council with any necessary recommendations.
         (b)   The planning and zoning board shall consult with the recreation commission, town engineer, fire chief and other persons and boards to make a recommendation to the town council.
         (c)   The planning and zoning board may engage a certified engineer and/or planning consultant, with demonstrated experience in large scale residential or planned unit developments, to conduct an independent review of the proposed PUD, and report findings and recommendations to the planning board and town council prior to the approval of the PUD master plan or any phases thereof.
         (d)   A notice of public hearing shall be given in the same manner as for amendments to the zoning ordinance.
      (2)   Approval by the Town Council.  No permit for construction of any on-site or off-site improvements in a planned unit development shall be granted prior to final approval of the planned unit development by the town council.
      (3)   Revisions of Approved Plans.  No phases or section of an approved planned unit development shall be revised, enlarged or amended without first resubmitting that phase or section to the planning and zoning board and the town council as provided for in this section.
(Am. Ord. passed 9-14-2016)