All land included for development as a PUD shall be under the legal control of the applicant who shall present evidence of unified control of the entire area within the proposed PUD along with evidence the developer has unrestricted rights to impose all covenants and conditions. The applicant shall agree to:
1. Proceed with the proposed PUD according to provisions of zoning regulations and conditions as may be attached to the Special Exception for PUD.
2. Provide agreements, contracts and deed restrictions necessary for completion of the PUD according to approved plans.
3. Bind their successors in title to any commitments made in the approval process.
All permitted uses shall be subject to the accessory use and structure, sign, height and parking requirements of the zoning district in which it is located.
A proposed PUD shall have a minimum area of 2 acres and a maximum density of 20 dwelling units per net acre. Within the boundaries of the PUD, no minimum lot size or minimum yards are required, provided no structure is located closer to any peripheral property line than a distance equal to the height of such structure.
Every dwelling unit shall have access to a public street either directly or via an approved private road, pedestrian way, court or other area dedicated to public, private use or common element guaranteeing access. Permitted uses are not required to front on a dedicated public street. Access to buildings may be to approved private streets in PUD's provided such streets are no further than 200' from the building served. Private streets shall be a minimum of 24' wide with curbs and internal drainage (an urban section design) and pavements equal or better in quality to Town minimum design standards.
Normal standards or operational policy regarding right-of-way widths, provision for sidewalks, street lighting and similar environmental design criteria shall not be mandatory in a PUD but precise standards shall be made a part of the approved plan and shall be enforceable as a part of this ordinance.
Procedures for approving PUD:
1. A development plan shall accompany the application for a Special Exception permit and contain the following information:
a. Names of the owners and developers.
Scale, date, north arrow.
b. Existing streets, buildings, water courses, easements and utility lines.
c. Proposed pattern of public and private streets, access ways and parking areas.
d. Locations and arrangements of lots, buildings by dwelling types, open space areas and recreational facilities, if any.
e. Drawings and sketches showing the design and character of the various proposed buildings.
f. Statistical data on the size of the PUD, number of dwellings by type, percentage of open space and other data pertinent to review.
g. General outline of deed restrictions and other documents pertaining to the PUD, operation and maintenance of the project.2. Upon approval of a development plan, a Special Exception permit may be issued. Terms, conditions or stipulations at the time of approval are binding for the applicant or any successors.
3. Approval of a development plan for a Special Exception does not constitute preliminary or final plat approval. Preliminary and final plats shall be submitted and processed in accordance with standard subdivision review procedure.
4. Minor changes in plans shall be made by application and procedures pursuant to Sec. 27.10 and will not be considered a re-application for Special Exception. Substantial changes in plans shall be made by application and processed as a new application for a Special Exception permit.
5. Deviations from approved plans or failure to comply with any requirements, conditions or safeguards during approval or platting procedures shall mean a violation of zoning regulations.
Final approval shall not constitute approval for construction of individual buildings or structures in the PUD. Application for building permits shall be submitted and processed in accordance with standard procedures.