§ 3.8. "PUD" Planned Unit Development District.

The purpose of a PUD district is to provide that the public health, safety, and welfare be furthered in an area of increasing urbanization and growing demand for housing of all types and design: to ensure that the enacted zoning ordinance provisions encourage innovations in residential and non-residential development and redevelopment so that the growing demand for housing and commercial areas may be met by a greater variety in type, design and layout of buildings and by the conservation and more efficient use of land and of public services and to reflect changes in the technology of land development so the economies secured may add to the benefit of those who need homes; and, in the aid of these purposes to provide a procedure which can relate the type, design and layout of residential and non-residential development to the particular site and the particular demand for housing and commercial activity existing at the time of development in a manner consistent with the preservation of the property values within existing areas, and to ensure that the increased flexibility of regulations over land development authorized here is carried out under such administrative standards and procedures as shall encourage the disposition of proposals for land development without undue delay.

It is the intent that a planned unit development be established by rezoning the applicable property to the PUD district and by simultaneously approving the preliminary development plan (with conditions and required modifications). Thereafter development will be guided by the provisions of the development plan (and attachments) for the specific project.

Uses permitted within a planned unit development:

i.

Residential uses, including single family, two-family, and multi-family dwellings.

ii.

Commercial uses of a type, size, and location designed to be compatible with the proposed residential development.

iii.

Other accessory of ancillary uses as are permitted in residential areas and conditional uses identified in standard zoning districts. Conditional uses may be specifically shown on the approved development plan or may later permitted through the conditional use permit approval process.

3.8.1 Applicability of the Planned Unit Development District .

3.8.1.1 The provisions of this section shall apply only to a tract of land which has a minimum of fifteen acres.

3.8.1.2 The Planning and Zoning Board and City Council in their review of the proposed development plan shall consider:

i.

The adequacy of existing and proposed streets, utilities, and other public services to serve the development.

ii.

The proper relation between the proposed development and surrounding uses, and the effect of the plan upon comprehensive planning for the surrounding area.

iii.

The character, design, and appropriateness of the proposed land uses and their adequacy to encourage desirable living conditions, to provide separation and screening between uses where desirable to preserve the natural amenities of streams, wooded areas and similar natural features.

iv.

The adequacy of open and play area and that recreation facility are provided for the needs of development.

3.8.1.3 Recommendation by the Planning and Zoning Board and approval by the City Council shall be accompanied by a report stating the reasons for approval of the application and specific evidence and facts showing that the proposed Planned Unit Development will not adversely affect the property adjacent to the area included in the plan.

3.8.2 Review and Administrative Procedures

3.8.2.1 Pre-Application Conference . Before submitting an application for a planned unit development, an applicant, at his option, may confer with the Planning and Zoning Board and/or City Council to obtain information, and guidance before entering into binding commitments or incurring substantial expense in the preparation of plans, surveys, and other data.

3.8.2.2 Application and Development Plan . An Application for approval of a planned unit development shall consist of a request for rezoning to the PUD district along with a preliminary development plan and supporting documentation. The following information shall appear on the preliminary development plan:

i.

Detail plan and general location map—Showing project area prepared at a scale not less than 1" × 100' and shall show such designations as proposed streets (public and private), all buildings and their use, common open space, recreation facilities, parking areas, service areas, and other facilities to indicate the character of the proposed development. The submission may be composed of one or more streets and drawings and shall include

a.

Boundary lines—Bearings and distance.

b.

Easement—Location, width, and purpose.

c.

Streets on, and adjacent to, the tract, street name, right-of-way width existing or proposed center line elevations, pavement, walks, curbs, gutters, and culverts (and their respective types).

d.

Utilities on, and adjacent to the tract location, size, and invert elevation of sanitary and storm sewers; location and size of water mains; location of gas lines, fire hydrants, manholes, electrical and telephone lines and street lights; direction and distance to, and size of, nearest water mains and sewer adjacent to the tract showing invert elevation of sewers.

e.

Ground elevations on the tract - for land that slopes less than two percent, show one foot contours; show spot elevations at all breaks in grades, along all drainage channels or swales, and at selected points not more than 100 feet apart in all directions; for land that slopes more than two percent, show contours at five foot intervals.

f.

Subsurface conditions on the tract, if required by the Engineer designated by the City Council—Location and results of tests made to ascertain subsurface soil, rock, and groundwater, unless test pits are dry at a depth of five feet.

g.

Zoning on land adjacent to the tract.

h.

Internal uses of such building or structure, as well as the specific overall land use of the premises.

i.

Title and certificates—Present tract designation according to official records of the Office of Deeds; title under which the proposed development is to be recorded, with names and addresses of owners, and notation stating acreage.

j.

Names—The names and addresses of the persons to whom notice of hearings are to be sent including the subdivider or development, the designer of the subdivision or development, and the owners of the land immediately adjoining the land to be platted.

k.

Open space—All parcels of land intended to be dedicated to public use or reserved for the use of all property owners with the purpose indicated and their sizes.

l.

General location, purpose, and height of each building, other than single family residences on individually platted lots.

m.

Map data—Name of development, north point, scale and date of preparation.

ii.

Character—Explanation of the character of the planned unit development and the reasons why it has been planned to take advantage of the flexibility of these regulations.

iii.

Ownership—Statement of present and proposed ownership of all land within the project

iv.

Schedule—Development schedule indicating:

a.

Stages in which project will be built with emphasis on area, density, use, and public facilities such as open space to be developed with each stage. Where a development is proposed in phases or stages, each stage must be a complete unit with all facilities required for its permanent operation and development in the event that subsequent stages are not developed. Where a facility required to support one phase or stage is included in a subsequent stage, the City Council shall require a performance agreement secured by a bond or other appropriate security sufficient to guarantee construction of the facility. No undevelopable parcels or tracts of land may be created in a stage or as a result of the layout of a stage unless such parcel or tract is dedicated to and accepted by an owner's association or to the City for perpetual ownership or maintenance.

b.

Estimated dates for beginning and completion of each stage

v.

Covenants—Proposed agreements, provisions which will govern the use, maintenance, and continued protection of the planned unit development and any of its open space.

vi.

Density—Information on the density of uses, including structures per acres, and the number of buildings by type.

vii.

Non-residential use—Information on the type and amount of ancillary and non-residential uses in a residential planned unit development, including the amount and location of usable open space.

viii.

Service facilities—Information on all service facilities and off-street parking facilities.

ix.

Architectural plans—The Building Official may require preliminary architectural plans for all primary buildings that shall be submitted in sufficient detail to permit an understanding of the style of the development, the design of the building, and the number, size, and type of dwelling units.

x.

Facilities plans—Preliminary plans for:

a.

Roads, including classification, width of right-of-way, width of pavement.

b.

Sidewalks.

c.

Sanitary sewers.

d.

Storm drainage.

e.

Water supply system.

f.

Underground utilities program

g.

A general landscape planting plan.

3.8.2.3 Review of Preliminary Plan .

i.

Public Hearings .

a.

Within 45 days after the filing of a complete application, a public hearing shall be held by the Planning and Zoning Board, which shall forward its report to the City Council. The Planning and Zoning Board may hold its public hearing in conjunction with the City Council.

b.

Within 45 days after the Planning and Zoning Board forwards its report to the City Council, a public hearing pursuant to public notice on said application shall be held by the City Council. The Mayor, or in his/her absence, the Mayor pro-tem, of the City Council or its designated agency may administer oaths and compel the attendance of witnesses. All testimony by witnesses at any hearings shall be given under oath and every party of record at a hearing shall have the right to cross-examine adverse witnesses.

c.

A verbatim record of the hearing shall be made by the City Council whenever such records are requested by any party to the proceeding; but the cost of making and transcribing such a record shall be borne by the party requesting it and the expense of copies of such record shall be borne by those who wish to obtain copies. All exhibits accepted in evidence shall be identified and duly preserved or, if not accepted in evidence, shall be properly identified and the reason for the exclusion clearly noted in the record.

d.

The City Council may continue the hearing from time to time, and may refer the matter back to the planning agency for a report, provided, however, that in any event, the public hearing or hearings shall be concluded within 60 days after the date of the first public hearing.

e.

The City Council, within 30 days following the conclusion of the public hearing provided for in this Article shall, by official written communication, to the landowners, either:

(1)

Grant tentative approval of the development plan as submitted;

(2)

Grant tentative approval subject to specified conditions not included in the development plan as submitted; or

(3)

Deny tentative approval to the development plan.

Failure to so act within said period shall be deemed to be a grant of tentative approval of the development plan as submitted. In the event, however, that tentative approval is granted subject to conditions, the landowner may, within 30 days after receiving a copy of the official written communication of the City Council, notify such governing body of his refusal to accept all said conditions, in which case, the City Council shall be deemed to have denied tentative approval of the development plan.

In the event the landowner does not, within said period, notify the City Council of his refusal to accept all said conditions, tentative approval of the development plan, with all said conditions, shall stand as granted.

The granting or denial of tentative approval by official written communication shall include not only conclusions but also findings related to the specified proposal and shall set forth the reasons for the grant, with or without conditions, or for the denial, and said communications shall set forth with particularity in what respects the development plan would or would not be in the public interest.

3.8.2.4 Status of Plan After Tentative Approval .

i.

The official written communication provided for in this Article shall be certified by the secretary or clerk of the City Council and shall be filed in his/her office, and a certified copy shall be mailed to the landowner. Where tentative approval has been granted, the same shall be noted in the zoning map.

ii.

Tentative approval of a development plan shall not qualify a plat of the planned unit development for recording nor authorize development or the issuance of any building permits.

iii.

Within a maximum of six months following the approval of the preliminary plan, the applicant shall file with the City Council a final development plan. At its discretion and for good cause, the City Council upon written request from the applicant may extend for six months the period for filing of the final development plan.

iv.

In the event that a development plan is given tentative approval and thereafter, but prior to final approval, the landowner shall elect to abandon said development plan and shall so notify the governing body in writing, or in the event the landowner shall fail to file application or applications for final approval within the required period of time or times, as the case may be, the tentative approval shall be deemed to be revoked and all the portion of the area included in the development plan for which final approval has not been given shall be subject to those local ordinances otherwise applicable thereto as they may be amended from time to time, and the same shall be noted on the zoning map and in the records of the secretary or clerk of the government.

v.

Final Detailed Plan Content—A final plat, suitable for recording with the Register of Deeds shall be prepared. The purpose of the planned development plan is to designate with particularity the land subdivided into conventional lots as well as the division of other lands, not so treated, into common open areas and building areas, and to designate and limit the specific internal uses of each building or structure, as well as of the land in general. The final plan of the planned unit development shall include, but not be limited to:

a.

An accurate legal description of the entire area under immediate development within the planned development.

b.

If subdivided lands are included in the planned development, a subdivision plat of all subdivided lands in the same form and meeting all the requirements of a normal subdivision plat.

c.

An accurate legal description of each separate unsubdivided use area, including unusable open space.

d.

Designation of the exact location of all buildings to be constructed, and a designation of the specific internal uses to which each building shall be put.

e.

Tabulations on each separate unsubdivided use area, number of dwelling units per acre.

f.

Public Facilities—All public facilities and improvements made necessary as a result of the planned development shall be either constructed in advance of the approval of the final plan, or, at the election of the City Council, escrow deposits, irrevocable letters of credit in a form approved by the City Council, or performance bonds shall be delivered to guarantee construction of the required improvements.

g.

Covenants—Final agreements, provisions, or covenants shall govern the use, maintenance and continued protection of the planned development.

h.

A landscape plan showing the location, type and size at installation of all proposed landscape materials, existing landscaping and trees to be retained on the site, as well as an identification of the existing trees to be removed that are two inches in diameter or greater, all proposed fences, walls, berms and any pertinent architectural elements associated with the landscape plan.

3.8.2.5 Within a maximum of three weeks following the date of Final Approval by the City Council of the final development plan, the applicant shall submit an 18 × 24" reproducible mylar of the approved final development plan to the Building and Zoning Official who, at the expense of the developer, shall record said Final Plan in the Office of the Clerk of Superior Court of Effingham County. The mylar shall contain the following information:

i.

Graphic representations of the exact location of all buildings and accessory structures.

ii.

Land use characteristics in table form containing the following information:

a.

Gross project area in terms of acres.

b.

Net project area in terms of acres.

c.

Approved density for the projection in terms of area per structure.

d.

Approved usable open space for the project in terms of square feet of open space per structure.

e.

Total number of parking spaces.

f.

Total number of dwelling units in the project.

g.

Number and type of nonresidential units in the project.

iii.

Types and square footage of floor spaces of all non-residential uses, including a graphic representation of all public easements and legal descriptions thereof, who the easement is conveyed to, the purpose of such easement, and any conditions relating to the use of the easement.

iv.

Legal description of the gross project area.

v.

All public and private streets, roads, and alleys included in the project shall be shown by their bearings, widths and names. All streets, roads or alleys, not dedicated to public uses, shall be defined by curve data including pints of curvature, points of tangency, points of compound curvature, radii or curves, central angles and length and bearings of its long chord.

vi.

In the event streets in the planned development are to be dedicated, a statement shall appear on the mylar that the streets shown on it are dedicated to the use of the public.

vii.

The City Council shall issue a certificate certifying the planned unit development, and the Mayor of the City Council shall place his signature on such certificate, which shall appear on the mylar. In the event said mylar is not submitted three weeks following the date of Final Approval the Building Official shall not issue any building permits for the development or phase of particular development until said mylar is received.

viii.

In the event the planned unit development is to be submitted for Final Approval in stages, the applicant shall submit reproducible mylars for each stage of the development containing the information required above.

3.8.2.6 Control of the Planned Development after Final Approval .

i.

After the certificate of approval has been stamped on the reproducible mylar and other prints of plans and signed by appropriate officials, the use of land and the construction, modifications or alteration of any buildings or structures within the planned development will be governed by the approved and recorded final development plan rather than by other provisions of this zoning ordinance except the minor land use and engineering changes permitted by this section.

ii.

After the certificate of final approval has been issued and the final plan recorded, no changes may be made in the approved final development plan except upon application to the appropriate agency under the procedures provided below:

a.

Major Land Uses Changes . Changes which alter the concept or intent of the planned development including changes in the approved public street or private drive construction standards, increases in density, decreases in proposed open space, changes in sizes of public and/or private sewer or water lines, other than service connections, resulting in less capacity, changes in the location of and type of nonresidential uses approved by the City Council, change in the alignment of any street, drive, parking area or water or sewer line in excess of 25 feet, change in location of any public easement, change in the proportion of housing types by not more than 15 percent of the approved dwelling unit count, a violation of any specific condition set forth by the City Council and any changes in the final governing agreements, provisions or covenants. All such changes may be approved only by submission of a new preliminary plan and supporting data, following the "preliminary approval" steps and subsequent amendment of the final planned unit development plan.

b.

Minor Land Use Changes . The following minor changes to the approved final plan may be authorized by the Mayor and the City Council upon written request by the developer and upon submission of detailed plans demonstrating the requested change:

(1)

Decrease in density.

(2)

Increase in open space.

(3)

Changes in the proportion of housing unit types by less than 15 percent of the approved dwelling unit court.

(4)

Increase in acreage of the planned development provided that the acreage under consideration is ten percent or less of the gross site area, in which the increase can only be used for open space, Accessory Buildings or parking.

(5)

A density increase of not more than ten percent of the approved dwelling unit total, providing that the overall lot area requirement per dwelling unit of the district is not exceeded.

c.

Minor Engineering Changes . The following engineering changes to the approved engineering plans may be authorized by an engineer designated by the City Council only upon written request by the developer and submission of detailed engineering plans demonstrating the requested change:

(1)

Changes in road alignment and parking lot location by 25 feet or less.

(2)

Changes in the alignment of storm and sanitary sewer and water lines by 25 feet or less.

(3)

Increase in the approved capacity of storm and sanitary sewers and water lines.

d.

A development plan, or any part thereof, which has been given final approval shall be so certified without delay by the City Council and shall be filed on record forthwith in the office of the recorder of deeds before the development shall take place in accordance therewith. Upon filing record of the development plan the zoning and subdivision regulations otherwise applicable to the land included in such plan shall cease to apply thereto. Pending completion within a reasonable time of said planned development or of that part thereof, as the case may be, that has been finally approved, no modification of the provisions of said development plan, or part thereof, as finally approved, shall be made except with the consent of the landowner.

e.

In the event that a development plan, or a section thereof, is given final approval and thereafter the landowner shall abandon such plan or the section thereof that has been finally approved, and shall so notify the governing body in writing; or in the event the landowner shall fail to commence and carry out the planned development within one year after final approval has been granted, no development or further development shall take place on property included in the development plan until after the said property is resubdivided and is reclassified by enactment of an amendment to the zoning ordinance.