SECTION 13

PLANNED UNIT DEVELOPMENT DISTRICT

A.      Purpose.

The Planned Unit Development District is designed to: encourage creativity and innovation in the design of developments; provide for more efficient use of land including the reduction of land area disturbed fox utility lines and motor vehicle access; permit special consideration of property with outstanding natural or topographical features; and, facilitate use of the most appropriate construction techniques in the development of land. This District provides flexibility in land use regulations by allowing for the consolidation of the platting and rezoning procedures as set forth below. This District encourages-imaginative uses of open Apace,, promotes high standards in design and construction, and furthers the purposes of the Comprehensive Plan.

B.      Permitted Uses and Development standards.

Uses permitted in the Planned Unit Development (PUD) District shall be any use or range of uses specified in the PUD District ordnance establishing such District and shall be the same as those specified in the petition for Zone Map Change, either in text form or as noted in the Preliminary Plan filed with the petition for Zone Map Change. Permitted uses, by way of example, may include any residential, commercial or industrial land use, or any individual land use or combination of land uses deemed appropriate for the real estate.

Development standards applicable to a PUD shall be those standards specified in the PUD District ordinance establishing such District and shall be the same as those specified in the petition for Zone Map Change, either in text form or as noted on the Preliminary Plan filed with the petition for Zone Map Change. Every petition for Zone Map Change to the PUD District shall specify development standards applicable to each use permitted in the development and, at a minimum, shall adopt or include a variation of each development standard that is applicable to each such use in the District in which each such use is first permitted. In any case in which an applicable development standard has not been specified in the petition for Zone Map Change, the development standard shall be that which is specified in the district in which the use is first permitted. If the petitioner does not want an otherwise applicable development standard for any use permitted in the development to be applicable, then the petition for Zone Map

Change shall contain a statement to such effect.

C.      Procedure.

Secondary Review of a Detailed Final Plan is required in the Planned Unit Development District as a prerequisite to the development of any real property in such District. The Plan Commission shall approve or disapprove each Detailed Final Plan submitted to it for review pursuant to this Section 13.

The complete review and approval process for a PUD consists of three (3) elements:

1.      Preliminary Plan Conceptual Design Review;

2.      Zone Map Change; and,

3.      Final Detailed Plan Secondary Review.

To facilitate the use of -this planned Unit Development District, a petitioner may elect to proceed with each element listed above separately or may elect to combine certain elements for joint approval as set forth in Section 13., C., 2., c., below. If a petitioner elects to combine certain elements, all elements elected to be combined shall be docketed before the Plan Commission for a joint hearing.

If filed separately, the procedure for filing for approval of a Zone Map Change shall be the same as that required fox any other petition for Zone Map Change before the Plan commission, except as otherwise provided for in this Section. The procedure for filing for Final Detailed Plan Secondary Approval is set forth in this Section 13.

1.    Filing of a Preliminary Plan for Conceptual Design Review by the Staff.

The petitioner shall submit a proposed Preliminary Plan consisting of a written description of the proposed preliminary Planned Unit Development and a sketch plan for the property proposed for development for conceptual design review by the Director prior to filing a petition for zone Map Change to the PUD District that includes a Preliminary Plan with the Plan Commission. Said Preliminary Plan shall satisfy the following requirements:

            a.      Preliminary Plan.

A Preliminary Plan shall include:

(1)      A sketch plan which depicts the location of proposed land uses and maximum land use densities;

(2)            Proposed layout of streets, open space and other basic

elements of the development;

(3)      Proposals fox handling traffic, parking, sewage  disposal, drainage, tree preservation and removal, and other pertinent development features;

(4)      The current zoning of the area proposed to be developed as well as the current zoning of the adjacent land;

(5)      A proposed breakdown of sections to be contained in the overall development along with a statement as to the order and timing of development;

(6)      All public and private ways within two-hundred (200) feet of the site;

(7)      North arrow, written and graphic scale, general location map; and,

(8)      Percentage of site devoted to open space.

b.      The Preliminary Plan, which may be a sketch plan, shall be drawn to a scale of not more than 1"=100'.

2.      Conceptual Design Review of Preliminary Plan by Director.

a.      Director shall review the proposed Preliminary Plan taking into consideration information regarding the terrain of the site and any unique natural features of the site. In doing so, Director's review may include, but not be limited to, the following:

(1)      Protection of unique topographical features on the site, including, but not limited to, slopes, streams and natural water features;

(2)      Protection and preservation of wooded areas, individual trees of significant size, wetlands, or other environmentally sensitive features;

(3)      Development of common open space and recreational areas (passive or active) accessible to the residents or user of the planned unit development by way of sidewalks, footpaths or combined walkways/bikeways;

(4)      Amore efficient use of the land including the reduction of land area disturbed for utility lines and motor vehicle access;

(5)      Creation of innovative residential and business environments;

(6)      Minimize the alteration of the ,natural site features through the design and situation of individual lots, streets and buildings;

(7)      Diversity and originality in lot layout;

(8)      Utilization of individual building designs which achieve an enhanced relationship between the development and the land; and,

(9)      Relationship to surrounding properties.

b.      Review by the Director.

Director shall notify the petitioner of any comments related to the conceptual design of the proposed Preliminary Plan submitted for Conceptual Design Review, within ten (f0) business days of the submittal for Conceptual Design Review.

Notwithstanding anything contained in this ordinance to the contrary, neither the Director's review of the proposed Preliminary Plan submitted for conceptual Design Review nor his comments to the petitioner relating thereto shall be considered a denial, approval or decision concerning the proposed Preliminary Plan.

c.      Filing petition for Zone Map Change, Final Detailed Plan Secondary Approval and Primary Plat Approval.

Petitioner may modify the proposed Preliminary Plan and file a petition for Zone Map Change after the expiration of the ten (10) day period referred to in Section 13, C., 2., b., above. All petitions for Zone Map Change to the PUD District shall contain a Preliminary Plan that satisfies the requirements of Section 13, C., 1., a., above, and specify the development standards, expressed in detailed terms, that will apply to the real property that is included in the petition.

Petitioner may also request Final Detailed Plan Secondary Approval in connection with the approval of the Zone Map Change provided that any such approval shall be conditioned upon the legislative, body adopting the Zone Map Change to the PUD District. The requirements for a Final Detailed Plan Secondary Approval are set forth in Section 13., E., below.

If desired, petitioner may also file for primary plat approval before the Plan Commission in the manner set forth in the Vigo County Subdivision Regulations, provided that any such approval shall be conditioned upon the legislative body adopting the Zone Map Change to the PUD District. Said primary plat approval shall be set for a joint hearing before the Plan Commission with the petition for Zone Map Change

3.      Determination by the Plan Commission.

In its determination of the appropriateness of the proposed Planned Unit Development and whether to recommend approval of the Zone Map Change to the appropriate legislative body, the Plan commission shall be guided by the extent to which the proposal: (a) accomplishes the purposes set forth in Section 13., A. above; and, (b) provides for the protection or provision of the site features and amenities outlined in Section 13., C., 2., a., above.

1.                Commitments Required by the Plan Commission.

The Plan Commission may require or permit the owner of a parcel of property to make written commitments concerning the use or development of the subject property in connection with the recommendation of approval of a Planned Unit Development or a Final Detailed Plan Secondary Approval pursuant to Section 1, S., of this ordinance.

D.      Maintenance of Common Open Space.

In those Planned Unit Developments in which common areas ox recreation areas are provided for the use and enjoyment of residents or users of the Planned Unit Development, the petitioner shall file documentary assurances with the Plan Commission that the permanent dedication and continuous maintenance of open space shall be made in accordance with the Preliminary Plan and Final Detailed Plan approved by the Plan Commission, and that the common areas and recreation areas shall be made available to the residents and users of the overall Planned Unit Development at a reasonable and non-discriminatory rate of charge, prior to obtaining secondary plat approval. Such documentary assurances shall be incorporated into the plat that is recorded in the Office of the Vigo County Recorder or otherwise provided for through legally binding perpetual agreements as approved by the Plan Commission. Such open space shall perpetually run with the Planned Unit Development and shall not be developed or separated from the Planned Unit Development at a later date (unless no development of any portion of the Planned Unit Development which is benefited by the common areas or recreation areas has occurred and the entire area subject to the Planned Unit Development is presented for Zone Map Change as set forth in this Section)

E.    Final Detailed Plan Secondary Approval.

If Final Detailed Plan Secondary Approval is not obtained from the Plan Commission in a joint hearing with the petition for Zone Map Change, petitioner shall have a period of up to five (5) years from the date of the approval of the petition for Zone Map Change in which to file for Final Detailed Plan Secondary Approval, in total or in phases, for approval by the Plan Commission. The Plan Commission shall review the

Final Detailed Plan for consistency with the Preliminary Plan approved by the legislative body in connection with the petition for Zone Map Change. If a Final Detailed Plan Secondary Approval is filed for in phases, each subsequent phase shall be filed for within five (5) years of the approval of the prior phase.

A determination by the Plain, Commission on whether or not to grant Final Detailed Plan Secondary Approval shall be made at a public hearing of the Plan Commission, notice of which shall be given in the same manner as for a petition for Zone Map Change. The nature and type of application, fees, and any other relevant matters for the review and approval of a Final Detailed Plan shall be in accordance with and as specified in the Bylaws of the Plan Commission.

In the event that Final Detailed Plan Secondary Approval is not obtained for all or a portion of, the, Planned Unit Development within the time frames outlined above, the Preliminary Plan shall be deemed to have expired for that portion o£ the Planned Unit Development that has not received Final Detailed Plan Secondary Approval, except for the location and density of proposed land uses depicted on such Preliminary Plan. Once a Preliminary Plan has expired for any portion of the Planned Unit Development, no development shall occur within the expired portions of the Planned Unit Development until: (a) a new Preliminary Plan is approved by the appropriate legislative body at a public hearing, notice of which shall be given in the same manner as for a petition for Zone Map Change; and, (b) a Final Detailed Plan Secondary Approval as required by this Section has been obtained.

A Final Detailed Plan shall expire five (5) years after the date of approval by the Plan Commission unless a building permit has been issued for the use or development of the property. Once a Final Detailed Plan has expired for any portion of the Planned Unit Development, no development shall occur within the expired portions of the Planned Unit Development until a new Final Detailed Plan as required by this Section has been approved by the Plan Commission.

Before the Plan Commission approves a Final Detailed Plan, the petitioner must submit a Final Detailed Plan consisting of the following:

1.    Area map insert showing the general location of the proposed subdivision in Vigo County referenced to major streets and section lines.

2.    Location map showing the names of all metes and bounds property owners, boundary lines of recorded subdivisions, zoning and land uses of adjacent properties.

3.      Proposed name of the planned unit development.

4.      Legal description of the real estate.

5.      Boundary lines of the proposed planned unit development.

6.    Location and name of all existing and proposed public or private roads, access easements and rights-of-way within two-hundred (200) feet of the real estate.

7.    Location of all existing and proposed utility facilities and easements, including, but not limited to: sanitary sewer, water, storm water management, electric, gas, telephone and cable.

8.    Layout, number and dimension of all lots and outparcels with zoning setback lines and/or building setback lines.

9.    Location, delineation and elevation of all floodway and floodway fringe areas within the boundaries of the Planned Unit Development.

10.   Drainage Plan for all watersheds in and around the proposed planned unit development, indicating the general drainage pattern of lots, the location of all drainage channels and sub-surface drainage structures, the proposed method of disposing of all stormwater runoff including data to show that the proposed outlet(s) are adequate to accommodate the drainage requirements of the planned unit development, and all existing and proposed detention facilities.

11.      An erosion control plan for all areas of site disturbance.

12.   Topographic contour every five (5) feet superimposed upon the proposed Final Detailed Plan.

13.   Proposed elevation of all building pads within the proposed development.

14.            All improvements to access road system.

15.      Sidewalk plan or alternate plan for pedestrian ways.

16.   Plans and specifications for all infrastructure improvements required or proposed in the planned unit development.

17.   Areas reserved for park, conservation, wetland, common area, lake or other similar uses.

18.      Proposed covenants, conditions and restrictions.

19.   The character and approximate density of all proposed uses and structures in the plan area.

20.   Any other information requested in writing by the Plan Commission or the Director

The Plan Commission may approve a Final Detailed Plan only upon a finding that: (a) the Final Detailed Plan satisfies the development standards specified in the PUD District ordinance establishing such District; (b) the Final Detailed Plan accomplishes the purposes set forth in this Section 13; and, (c) the Final Detailed Plan provides for the protection or provision of the site features and amenities outlined in Section 13, C., 2., a., above. The Plan Commission shall make written findings concerning each decision to approve or disapprove a Final Detailed Plan, and each such written finding shall be signed by the President or Secretary of the Plan Commission.

Said Final Detailed Plan, upon approval, shall be sealed with the Plan Commission Seal and retained in the office of the Plan Commission to be used in its continuing administration of the planned unit development.

F.      Modification of Preliminary Plan.

Minor modifications to an approved PUD District ordinance which do not involve an increase in intensity of land uses or the designation of additional land uses may be authorized by Director without a public hearing, in its continuing administration of the Planned Unit Development if, in the determination of Director, the requested modifications do not adversely impact the purpose or intent of the overall development.

If the Director determines that the proposed modification is of such a nature as to adversely impact the purpose or intent of the overall development, or if the proposed modification includes an increase in intensity of any land use or if the proposed modification includes the designation of an additional land use(s), petitioner shall be required to file a new petition for Zone Map Change.

Any decision of the Director under this Section 13, F., may be appealed by the petitioner to the Plan Commission within thirty (30) days of being notified of such determination.

The Plan Commission is delegated the authority to establish rules governing the nature of proceedings and notice required to make a modification under this Section.

G.      Secondary Plat Approval.

Secondary Plat Approval for any development pursuant to this Planned Unit Development Ordinance shall be issued in a manner consistent with that for any other plat under the jurisdiction of the Plan Commission in compliance with the procedures set forth in the Vigo County Subdivision Regulations and with any additional requirements or commitments entered into in connection with the approval of the Final Detailed Plan pursuant to this Planned Unit Development Ordinance.

H.      Extensions.

Extensions of time, in six (6) month increments not to exceed a total of two (2) years, for obtaining Final Detailed Plan Secondary Review may be granted by Director for good cause shown. In the event that Director disallows a requested extension, the petitioner may appeal said determination to the Plan Commission within thirty (30) days of being notified of such determination.