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(A) Overview. There are two types of planned unit developments: one that requires concurrent approval of a special use permit and subdivision plat (because the property is being subdivided and is subject to county subdivision regulations) and one that requires concurrent approval of a special use permit and a development plan (because the property is not being subdivided and is subject to county subdivision regulations).
(B) Approvals required. Approval of special use permits and preliminary and final plats or development plans must occur before any building permit is issued and before any development takes place in a PUD. Permits may be issued for a development phase if a PUD preliminary plat or development plan has been approved for the entire PUD and a PUD final plat or development plan has been approved for the subject phase.
(C) Preapplication meeting. A preapplication meeting is required before filing of a PUD preliminary plat or development plan application. See Article 42 of the subdivision ordinance for information on preapplication meetings.
(D) Preliminary plats and development plans.
(1) Preliminary plats must be processed in accordance with the preliminary plat procedures of the subdivision ordinance (See Article 43).
(2) Preliminary plans (for single lot PUDs and developments that are not required to be subdivided) must be processed in a similar manner as preliminary plats, except that the Zoning Administrator assumes the role of the chief subdivision engineer (for administrative purposes) and the County Board assumes the role of the plat committee. The chief subdivision engineer continues to have authority over all engineering issues.
(3) Final approval of the preliminary plat or preliminary development plan is contingent on approval of a special use permit for the PUD.
(4) The following information must be submitted with the preliminary plat, unless waived by the Zoning Administrator based on a determination that specific item of information are irrelevant to the subject application or that a thorough and competent review of the application can be conducted without receiving the specific information:
(a) Architectural plan. Preliminary architectural plans for all principal buildings in sufficient detail to permit an understanding of the style of the development, the design of the buildings, and the number, size, type of dwelling units, location, and height, except for single-family structures proposed to be constructed in compliance with the applicable zoning district structural requirements.
(b) Plan compliance. Demonstration that the PUD will conform with the intent and spirit of the county comprehensive plan and the comprehensive plans of municipalities within one and one-half miles.
(c) School impact analysis. Information on the student count and financial impact on local school districts.
(d) Tax impact analysis. Information on the taxes to be generated by the proposed project and the cost for the various taxing bodies to provide the necessary services.
(e) Traffic study. A traffic study, in accordance with § 155-14.30.
(f) Economic feasibility. An economic feasibility study of the proposed development, including information on land utilization and marketing potential.
(g) Objectives. A statement of objectives to be achieved by the PUD. This statement should include a description of the character of the proposed development and the rationale behind the assumptions and choices of the developer.
(h) Character. Explanation of the character of the PUD and the manner in which it has been planned to take advantage of the flexibility of these regulations and referencing the specific public benefits that will be provided if the PUD is approved.
(i) Ownership. Statement of present and proposed ownership of all land within the project, including present tract designation according to official records in offices of the County Recorder of Deeds. The site must be under single ownership and/or unified control at the time of final plat approval.
(j) Schedule. A development schedule indicating:
1. Stages in which the project will be built with emphasis on area, density, use, and public facilities such as open space to be developed with each stage. Overall design of each stage must be shown on the plat/plan and through supporting graphic material.
2. Approximate dates for beginning and completion of each stage.
3. If different land use types are to be included within the PUD, the schedule must include the mix of uses to be built in each stage.
(k) Covenants. Proposed agreements, provisions, or covenants that will govern the use, maintenance, and continued protection of the PUD.
(l) Density. Data on the density (including density bonuses) of residential uses, including the number of dwelling units per acre, the number of dwelling units by type, the number of buildings by type, and the number of bedrooms in each building and dwelling unit type. The base number of units allowed must be calculated by yield plan or yield formula in accordance with Article 31 of the subdivision ordinance.
(m) Nonresidential and common open space. Information on the type and amount of ancillary and nonresidential use, including the amount of common open space, if applicable.
(n) Service facilities. Information on all service facilities and off-street parking facilities.
(E) Special use permit. Special use approval for the PUD is required, in accordance with the procedures of § 155-16.40. A (tentatively) approved preliminary plat or preliminary development plan must be submitted as evidence before the Planning and Zoning Commission at the required public hearing. Proposed aspects of the project that do not comply with county regulations must also be identified at or before the hearing. Departure from any requirement specified in this zoning ordinance may be granted only upon recommendation of the Planning and Zoning Commission and final approval by the County Board. Special use permits for PUDs may be approved only if proposed development is found to comply with PUD regulations of § 155-9.200.
(F) Improvement plans. Improvement plans for PUDs involving the subdivision of land must be approved in accordance with Article 44 of the subdivision ordinance. A site development permit must be obtained prior to any construction.
(G) Final plat and development plan.
(1) Final plats must be processed in accordance with the final plat procedures of the subdivision ordinance (see Article 45).
(2) Final plans (for single lot PUDS and developments that are not required to be subdivided) must be processed in a similar manner as final plats, except that the Zoning Administrator assumes the role of the chief subdivision engineer (for administrative purposes) and the County Board assumes the role of the plat committee. The chief subdivision engineer continues to have authority over all engineering issues.
(3) All common open space must be conveyed to a municipal or public corporation, or conveyed to a not-for-profit corporation or entity established for the purpose of benefiting the owners and residents of the PUD, or retained by the developer with legally binding guarantees, in a form approved by the State's Attorney, verifying that the common open space will be permanently preserved as open area. All land conveyed to a not-for-profit corporation or like entity is subject to the right of the entity to impose a legally enforceable lien for maintenance and improvements of the common open space.
(1) Major amendments. Major amendments may be approved only through the procedure required for approval of the PUD. Major amendments are those that materially alter the approved PUD, including increases in density, increases in overall building coverage, substantial change of use or traffic circulation pattern, reductions in off-street parking and loading spaces, increases in the height of buildings (other than changes in roof design), reduction of proposed open space, changes in total bedroom count, substantial changes in the development schedule, changes in road standards, or changes in the final governing agreements, provisions, or covenants.
(2) Minor amendments. The Zoning Administrator is authorized to approve minor amendments that do not involve engineering issues. The chief subdivision engineer has authority to approve minor amendments that involve engineering issues. Minor amendments are those that are not classified as major amendments and that do not, in the determination of the Zoning Administrator or chief subdivision engineer, materially alter the approved PUD in a way that is likely to result in significant impacts on surrounding property.
(Ord. effective 10-1-2012)