[Amended 9-15-2022 by Ord. No. 22-41]
The purpose of the Planned Unit Development (PUD) District is to establish areas for planned development and to encourage quality and desirable development by allowing for greater flexibility and design standards for projects conceived and implemented as comprehensive and cohesive developments. PUD developments shall have a site plan indicating the use and conformity to this purpose recorded with Land Management Department. These regulations are established to permit and encourage diversification, variation, and imagination in the relationship of uses, structures, and heights of structures; to encourage the preservation of open space; and to encourage more rational, economic development with respect to the provisions of public services.
A. 
The Planned Unit Development District shall only utilize the principal uses and structures designated in the following districts: R-1, R-2, R-3, R-4, R-R, C-1, C-2, UID-1, and TI-1.
B. 
Planned unit developments within districts shall meet the regulations of Article XXIII (Conditional Use Permits). They shall constitute conditional uses in the following districts: R-1, R-2, R-3, R-4, R-R, C-1, C-2, UID-1, and TI-1.
C. 
Minimum size of a planned development shall be two acres unless designated PUD pursuant to § 625-15.
[Amended 9-15-2022 by Ord. No. 22-41]
D. 
Fees shall be assessed according to Article XXXI (Fee Schedule) for a site plan review and any conditional use permits required.
E. 
Structures and uses in a PUD shall conform to the requirements of the respective zoning districts.
F. 
The number of principal structures which may be constructed within a PUD shall be determined by dividing the net acreage of the PUD tract by the required lot area per structure required within the respective zoning district. "Net acreage" is defined as the gross area less land dedicated for public streets.
G. 
The PUD shall be of such size, composition and arrangement that in construction, marketing and operation is feasible as a complete unit. All elements of the PUD shall be so arranged that they will achieve a unified scheme of distribution of structures, uses, and open spaces.
H. 
Land to be set aside as open space or common area shall be clearly indicated on the site plan recorded with the Land Management Department. Provisions for the continued maintenance of common open space, recreational facilities, parking facilities, or other common property shall be guaranteed by the leaseholders' association articles of incorporation, covenants, and/or lease restrictions in a form acceptable to the Tribal Legislature. Such guaranteeing instruments shall be recorded with the plat.
[Amended 9-15-2022 by Ord. No. 22-41]
I. 
The committee may recommend to the Tribal Legislature modifications to the requirements of density, off-street parking and loading, access, and signs.
No open area may be accepted as common open space under the provisions of this article unless it meets the following standards:
A. 
The uses authorized for open space must be appropriate to the scale and character of the PUD, considering its density, expected population, topography, and number and type of structures.
B. 
The open space must be improved to support its intended use, unless it contains natural features worthy of preservation, in which case it may be left in an unimproved state.
C. 
The construction and provision of open spaces and recreational facilities must proceed at the same rate as the construction of principal structures.
[Amended 9-15-2022 by Ord. No. 22-41]
A. 
Lands listed as common open space on the final development plan must be conveyed under one of the following alternatives:
(1) 
With the recommendation of the committee and the consent of the Tribal Legislature for purposes of maintenance of the open space and any structures or improvements placed thereupon.
(2) 
To trustees provided for in an indenture establishing an association or similar organization for the maintenance of the PUD project, subject to conveyances recommended by the committee for approval by the Tribal Legislature which shall restrict the open space provided to the uses specified in the site development plan and which provide for the maintenance of the open space in a manner ensuring its continued use for the intended purposes. The interest in such open space shall be undivided and not transferable.
B. 
No open space may be put to any use not specified in the final site development plan unless the site plan has been amended through the conditional use permit process.
A. 
The development plan shall contain such covenants, easements and other provisions relating to the bulk, location and density of permitted structures, accessory uses thereto, and public facilities and utilities as may be necessary for the PUD and surrounding areas.
B. 
The developer shall be required to dedicate land for public streets, roads, driveways, or other public purposes, as may be necessary for the welfare of the PUD and surrounding land.
All changes in use or rearrangement of lots, blocks and building sites, and any changes in the approved plans, must be made through the committee under the conditional use permit process.
If no construction has begun within one year from the final approval of the development plan, the authorization of the development plan shall lapse and be of no further effect. At its discretion and for good cause, the committee may recommend to the Tribal Legislature to extend for an indefinite period of time for beginning of construction.