[Amended 2-3-2006 by Ord. No. 2006-02]
A. 
Planned unit developments (PUDs) are contemplated to be primarily residential in nature. However, PUDs of sufficient size and appropriate character may have certain limited commercial development which is incidental to the PUD and is intended primarily for the use of the residents of the PUD.
B. 
Not all locations in the Town are suitable for PUD development, and the nature, size, scale, or intensity of proposed uses may cause a particular site not to be suitable for a specific PUD proposal. Therefore, there is no general presumption that an application for such a use at a particular location is valid, inures to the general benefit of the Town or is in compliance with the Town's Comprehensive Plan. Instead, each application will be evaluated according to its particular location and the degree to which the developer is willing or able to propose a development plan which furthers the goals and objectives of this article and the chapter generally.
The following uses are permitted by right in a PUD:
A. 
Single-family detached dwelling.
B. 
Multifamily dwellings attached or detached (including but not limited to one- and two-family units, townhouses and garden-type apartments).
C. 
Rented apartments.
D. 
An office, temporary or permanent, belonging to the developer and clearly incidental to management and sales operations of the planned unit development.
E. 
Temporary structures incidental to construction.
F. 
Commercial establishments of a convenience and service nature may be permitted, with the express approval of the Planning and Zoning Commission and Board of Appeals. Such commercial establishments shall be an integral part of the plan for the PUD. The total aggregate area of all the commercial establishments and their parking area shall not occupy more than 5% of the gross land area of the PUD. Commercial areas shall be of two types:
(1) 
Small neighborhood convenience centers may include laundry and dry cleaning establishments, beauty and barber shops, and retail food establishments of less than 3,500 square feet. No commercial establishments shall be constructed until 25% of the total planned residential units are completed. Centers may include one or more stores.
(2) 
Planned commercial centers shall be a group of commercial uses compatible with the residential nature of the PUD. These may include but are not limited to medical and professional offices, general retail stores, food stores, and one automotive service station. No construction of the planned commercial center shall begin until 50% of the total planned residential units are complete.
[Amended 2-3-2006 by Ord. No. 2006-02]
G. 
The Planning and Zoning Commission may also approve and/or require land and places for public assembly, recreational buildings, public buildings and accessory buildings, or may require the reservation of lands for such uses, if it is deemed they are advantageous or necessary for the purpose of serving the residents of the planned unit development and the local community.
[Amended 2-3-2006 by Ord. No. 2006-02]
Planned unit developments are floating zones. That means that while provisions and regulations are made to govern development within any PUD district, no such district will be pre-mapped on the Zoning Map. Planned unit developments are permitted, provided that the requirements outlined in this article are met, in the R-1, R-2, and R-3 Districts. In general, a PUD is contemplated in residential zones where tracts of suitable location, size and character exist. The uses and structures proposed are to be planned and developed according to the requirements and procedures of this chapter. Planned unit developments shall be appropriately located with respect to the general pattern of urban development existing or proposed, and to existing public and private facilities and services.
The total density in the planned unit development (PUD) will not be greater than if conventionally developed. In an effort to provide a variety of housing types, sizes, and cost, the formula for computing the residential density of a PUD shall be based on the number of bedrooms permitted per gross acre of development. The multiplier factor shall be three, the average number of bedrooms per home, built in a conventional development.
The Density Factors for Computing Total Units
Zone
Conventional Development
Units/Acre
Standard Multiplier
PUD Bedrooms/Acre
R-1
4
3
12
R-2
8
3
24
R-3
10
3
30
A. 
Density. The Planning and Zoning Commission may set the required mix of one- , two- or three-bedroom units that can be built within a planned unit development or its stages.
B. 
Setbacks, lot size, lot coverage, height and yard requirements. The setback, lot size, lot coverage, height and yard requirements shall be established for each individual project by the Mayor and Council in the ordinance granting the application. The Planning Commission shall make recommendations to the Mayor and Council with regard to these requirements.
[Amended 2-3-2006 by Ord. No. 2006-02]
C. 
Area. The proposed PUD shall in no case contain less than two acres of land.
D. 
Open space. Common open space shall comprise not less than 25% of the gross area. All open space shall be designated for the common use of all occupants of the PUD and at least 50% of such space shall be developed as recreational areas.
E. 
Sanitary facilities. No PUD plan shall be approved unless the proposed development will be served by public water and sewer disposal systems. Satisfactory evidence must be furnished to the Planning and Zoning Commission and the Board of Appeals that the existing Town sewer and water system can handle the increased demands placed upon them by the proposed PUD and meet current Health Department requirements for standards of operation.
F. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection F, Height requirements, was repealed 2-3-2006 by Ord. No. 2006-02. For current requirements, see Subsection B.
G. 
Parking. At least two usable off-street parking spaces shall be provided for each dwelling unit, either on the lot it occupies or within 150 feet of such lot or of an apartment dwelling unit.
A. 
Preliminary approval. Application shall be made to the Planning and Zoning Commission for preliminary concept approval of the PUD and shall include, but not be limited to:
(1) 
A general diagram showing the PUD's relation to the Town of Federalsburg and major public access to the PUD (seven copies).
(2) 
A general concept plan setting forth preliminary information required by the Planning and Zoning Commission (seven copies). Such information shall include but not be limited to the following:
(a) 
Proposed housing types, the total number of units, percentage of each type, general location of each type, elevations of each type.
(b) 
Proposed planned commercial centers and/or neighborhood convenience center, location, types of business or businesses, size of area or areas, and elevations of each building type.
(c) 
Proposed open space, their size, their location, their uses, and their proposed ownership (Town and/or association).
(d) 
General statement concerning provision of utilities (public works agreement).
(e) 
Statement of expected Town responsibilities.
(f) 
Cost/benefit ratio of the proposed PUD for the Town (economic impact format).
(g) 
Tentative time table and staging of development (schedule of construction).
(h) 
Applicant shall pay an application fee as previously established by the Town.
(i) 
The exact name and address of the petitioner and a reference to the deed or deeds conveying the property in question to the petitioner. If the petitioner is not the legal owner of the property, the petition shall:
[1] 
So state.
[2] 
List the exact name and address of the legal titleholder or titleholders and give the appropriate references to the deeds conveying said property.
[3] 
Contain a written assent to the petition signed by the legal titleholder or titleholders.
(j) 
A metes and bounds description of the property covered by the petition and a survey thereof indicating that the parcel of land meets the acreage criteria.
(k) 
A written and mapped statement indicating the current zoning of the tract in question, as well as the area immediately adjacent to the proposed development tract.
(l) 
A preliminary development plan of the property covered by the petition which will indicate the following:
[1] 
The use each portion of land will be put to.
[2] 
Residential densities for each residential area and the overall tract density.
[3] 
Major road network.
[4] 
Community facility sites.
[5] 
The number of acres which will be devoted to each land use and the percentage of the entire tract it encompasses.
[6] 
Zoning classifications to be employed in each area.
[7] 
Statement describing the proposed drainage, water supply, sewage disposal, and solid waste disposal.
B. 
Preliminary site plan.
(1) 
Following preliminary approval for the PUD concept, the developer shall submit the following to the Planning and Zoning Commission for its review: seven copies of a preliminary site plan shall be filed with the Planning and Zoning Commission.
(2) 
The preliminary site plan shall comply with the requirements of this section and be accompanied by such other written or graphic material as may be necessary or desirable in aiding the decisions of the Planning and Zoning Commission.
(3) 
The Planning and Zoning Commission shall review the site plan for compliance with the requirements of this chapter and the Federalsburg Comprehensive Plan. Before recommending approval of a site plan, the Planning and Zoning Commission may make reasonable additional requirements including, but not limited to, utilities, drainage, landscaping and maintenance thereof, lighting, signs and advertising devices, screening, accessways, curb cuts, traffic control, height of buildings and setback of buildings, to protect adjoining residentially zoned lots or other uses. The site plan shall be amended in accordance with the requirements of the Planning and Zoning Commission before receiving the final approval of the Planning and Zoning Commission.
(4) 
Preliminary site plan shall show:
(a) 
The proposed title of the project and name of the engineer, architect, designer or landscape architect, planner and the developer.
(b) 
The North point, scale and date. The scale of the site plan shall be as follows:
[1] 
For projects containing more than 200 acres: not more than 200 feet to one inch.
[2] 
For projects containing more than 10 acres but less than 50 acres: not more than 50 feet to one inch.
[3] 
For projects containing 10 acres or less: not more than 20 feet to one inch.
(c) 
The boundaries of the property involved, county and municipal boundaries, the general location of all existing easements, and property lines, existing streets, buildings or waterways, and other existing physical features in or adjoining the project.
(d) 
The approximate location and sizes of sanitary and storm sewers, water mains, culverts, and other underground structures in or near the project.
(e) 
Proposed limits (boundaries) of the application for the PUD floating zone designation.
(f) 
The general location and character of construction of proposed streets, alleys, driveways, curb cuts, entrances and exits, parking and loading areas (including number of parking and loading spaces), outdoor lighting systems, storm drainage and sanitary facilities.
(g) 
The general location of proposed lots, setback lines, and easements, and proposed reservations for parks, parkways, walkways, cycleways, playgrounds, school sites and open space.
(h) 
The location of buildings with respect to each other, to lot lines, and to major excavations shall be drawn to scale, but full dimension is not required on the preliminary plan.
(i) 
The approximate height of proposed buildings and structures (accessory and main) shall be shown.
(j) 
Preliminary plans and elevations of the several dwelling types and other buildings, as may be necessary.
(k) 
General location, height, and material of all fences, walls, screen planting, and landscaping and management thereof.
(l) 
Proposed location and character of nonresidential uses or commercial uses, accessory or main.
(m) 
General location, character, size, height and orientation of proposed signs, and management thereof.
(n) 
A tabulation of total number of acres in the project, gross or net as required in the district regulations, and the percentage thereof proposed to be devoted to the several dwelling types, commercial uses, other nonresidential uses, off-street parking, streets, parks, schools and other reservations.
(o) 
A tabulation of the total number of dwelling units of various types in the project and the overall project density in dwelling units per acre, gross or net as required by district regulations.
(p) 
Schedule of construction or timetable (acceptable to the Town).
(5) 
The developer shall provide a statement detailing the means by which the PUD and all its various aspects shall be managed. This shall include deed restrictions and covenants designed to insure perpetuity of agreements.
(6) 
The developer shall provide a complete topographic drawing of the proposed plan to be made acceptable to the Soil Conservation Service (specific requirements will be obtained from the Soil Conservation Office). The developer, after consultation with the Soil Conservation Service, will develop a complete sediment and stormwater control plan to be reviewed and approved by the Soil Conservation District.
(7) 
The preliminary site plan shall also include a management statement governing the construction, operation and maintenance of:
(a) 
Sanitary and storm sewers, water mains, culverts, and other underground structures.
(b) 
Streets, alleys, driveways, curb cuts, entrances and exits, parking and loading area, outdoor lighting systems, storm drainage and sanitary facilities.
(c) 
Parks, parkways, cycleways, playgrounds, open spaces, fences, walls, screen planting, and landscaping and signs.
(8) 
The Planning and Zoning Commission may establish additional requirements for preliminary site plans.
C. 
Final review and approval procedure.
(1) 
A surety bond or other security or acceptable guarantee shall be filed and/or deposited in escrow with the Mayor and Council in an amount sufficient to ensure completion of all requirements as imposed by the Planning and Zoning Commission. Such bonds, or other security, or acceptable guarantee shall be reviewed annually and adjusted to reflect current costs.
(2) 
A final site plan in the form of a final plat shall be prepared, filed and recorded following Zoning Map amendment by the Mayor and Council. The final plat shall comply with the specifications of the Planning and Zoning Commission and the requirements of this section and applicable laws, regulations, and ordinances governing the subdivision of land.
(3) 
Permits shall be issued in accordance with the schedule for construction approved by the Planning and Zoning Commission as part of the final site plan approval and after recordation of the final plat.
(4) 
When the PUD is to be developed in stages, each stage shall be subject to separate permit applications. However, the overall development concept shall conform to a master site plan that the Planning and Zoning Commission shall have reviewed and approved prior to the public hearing held by the Mayor and Council. Potential changes to details of the project in future stages or phases shall be subject to the procedures that address site plan amendments. The public hearing and Zoning Map amendment shall consider the site in its entirety. To facilitate adequate consideration of the proposed application of the floating zone, the site plan approved by the Planning and Zoning Commission shall clearly indicate all future stages or project phases, including the anticipated time frame for buildout.
D. 
Conflict with other sections.
(1) 
Provisions of Article XV, when found to be in conflict with other provisions of this chapter, shall supersede those other provisions with which they conflict.
(2) 
Provisions of Article XV, when found to be in conflict with other provisions of Chapter 200, Subdivision Regulations, shall supersede those other provisions with which they conflict.
E. 
Status of the Federalsburg Zoning and Subdivision Ordinances. The Federalsburg Zoning and Subdivision Ordinances shall fully apply to all planned unit developments except as noted in this section.
F. 
Mayor and Council action.
[Amended 2-3-2006 by Ord. No. 2006-02]
(1) 
The Mayor and Council shall hold a public hearing on the request for a PUD Map amendment after the Planning Commission has approved a site plan for the proposal. The site plan shall not be the subject of the public hearing but may be referred to for clarification concerning the specific nature of the development plan contemplated for the parcel. Notice of public hearing before the Mayor and Council shall be given at least 15 days prior to the hearing by publishing the time, place and nature of the hearing in a newspaper of general circulation in the Town. In addition, the Mayor and Council shall cause the date, time, place, and nature of the hearing to be posted conspicuously on the property, in accordance with the rules of the Mayor and Council. The published and posted notices shall contain reference to the place or places within the Town where the application may be examined.
(2) 
Findings of fact.
(a) 
The Mayor and Council shall make written findings of fact with regard to the following matters:
[1] 
Whether the proposed PUD development conforms to all applicable standards set out in this chapter for such uses, structures and projects;
[2] 
Whether the proposed PUD development conforms to the Town's Comprehensive Plan;
[3] 
Whether the proposed PUD development, in conjunction with existing and reasonably anticipated development in the neighborhood surrounding the site for the proposed PUD, will not interfere with the adequate and orderly provision of public services to the area;
[4] 
Whether the proposed PUD development, in conjunction with existing and reasonably anticipated development in the neighborhood surrounding the site for the proposed PUD development, will not cause unacceptable traffic congestion or hazards either in or near the site for the proposed PUD development or elsewhere in the Town or Caroline County;
[5] 
Whether the proposed PUD development is planned in such a manner as to protect features of historical, cultural, or ecological importance;
[6] 
Whether the proposed PUD development is compatible with existing development in the surrounding neighborhood and with development reasonably anticipated to occur in the neighborhood in terms of size, scale, design and appearance or, if the proposed PUD development is not so compatible, the proposed PUD design contains adequate screening, landscaping and similar features to protect the surrounding neighborhood; and
[7] 
Whether the proposed PUD development unreasonably adversely affects the value of property in the neighborhood surrounding the site.
(b) 
In making findings of fact as to the issues set forth above, there shall be no presumption that an application for a PUD use at a particular location is valid, compatible with surrounding uses, insures to the benefit of the Town or is in compliance with the Town's Comprehensive Plan. Instead, each application will be evaluated according to its specific development plan in its particular location.
(3) 
If the Mayor and Council make an affirmative finding of fact as to each of the criteria listed above, the Mayor and Council may enact an ordinance granting the proposed PUD application. The fact that an application for a PUD Zoning Map Amendment complies with the specific requirements listed above shall not require the Mayor and Council to grant the application. In determining whether or not to enact an ordinance, the Mayor and Council may consider, in addition to the factors outlined above, other factors it deems appropriate, including but not limited to the degree to which the proposed PUD development:
(a) 
Helps accomplish the coordinated, adjusted, and harmonious development of the Town and its environs in accordance with present and future needs;
(b) 
Promotes health, safety, morals, order, convenience, prosperity, and general welfare; including among other things, adequate provisions for traffic, the promotion of public safety, adequate provision for light and air, conservation of natural resources, the prevention of environmental pollution, the promotion of the healthful and convenient distribution of population;
(c) 
Exemplifies good civic design and arrangement and the stewardship of the Chesapeake Bay and the land as a universal ethic;
(d) 
Encourages the conservation of resources, including a reduction in resource consumption;
(e) 
Is located at a location suitable for it given existing and reasonably foreseeable development; and
(f) 
Encourages appropriate and sustainable economic growth.
(4) 
The change/mistake rule, as codified in Maryland Annotated Code Article 66B, § 4.05, is not applicable to PUD Zoning Map amendment applications.
(5) 
The Mayor and Council shall have the authority to impose conditions upon the grant of a PUD Zoning Map amendment application and may require the recordation of covenants and restrictions, in a form approved by the Town Attorney, to assure compliance with said conditions or with any of the provisions of the ordinance.
(6) 
If the Town Council fails to enact an ordinance granting the PUD application, no application for a PUD Zoning Map amendment for the same property will be accepted for filing by the Town for a period of one year after the date of the Mayor and Council's decision or the date of finality of any judicial review of the Council's decision, whichever is later.
(7) 
The owners or developers must indicate that they plan to begin construction of the development within one year after final approval. If there is no action on the part of the applicant at any point in the process for a period of one year, the zoning of the site shall revert to its previous classification, unless a time extension is requested by the developer and granted by the Mayor and Council.
Permitted accessory uses are the same as for the residential accessory uses permitted by the underlying residential zoning. Commercial components of a PUD are governed by those uses and activities delineated on the approved site plan.
[Added 2-3-2006 by Ord. No. 2006-02]
A property owner of a site subject to an approved PUD Zoning Map amendment may request an amendment to the terms and conditions of the PUD. Any request for an amendment shall be in writing. If the Planning Commission determines that the proposed amendment does not involve a material change to the design approved by the Mayor and Council and otherwise complies with the terms of this chapter, the amendment request shall be approved by the Planning Commission. Any other amendment shall be approved by the Mayor and Council according to the procedures set forth in this Article XV.