[Ord. No. 516 §12(12.01), 6-21-2001; Ord. No. 1341 §19, 8-20-2008]
A.
The
provisions of this Article are designed to foster a partnership between
the City and developers in order to preserve the rural character and
nature of the City and facilitate better site planning and community
planning through modification of certain district regulations as they
apply to such development and to document conditions of approval for
the development.
B.
It
is hereby recognized that the regulations of districts in the zoning
ordinance, either individually or collectively, might impose unnecessary
or undesirable restrictions on the development of the site and thereby
prevent achievement of the best possible plan within this Chapter.
Therefore, this Article has the following intents:
1.
To permit flexibility in site design.
2.
To achieve more efficient use of land, within the framework and intent
of the zoning ordinance, which can result from large scale or multiple-use
developments.
3.
To encourage and permit the provision of open space.
4.
To protect and preserve scenic assets and natural features and to
incorporate these into the development.
5.
To foster a more stable community by providing a variety and balance
of housing types and living environments.
6.
To encourage and permit variety in the location of buildings, roads,
parking lots and other facilities and activities.
7.
To increase the safety of pedestrian vehicular traffic by reducing
the number of traffic conflict points within a development.
8.
To reduce land cost per dwelling unit in residential developments.
9.
To document the conditions of approval for the development.
C.
This
Article is intended to achieve these objectives while promoting and
protecting the public health, safety and welfare of the City and while
safeguarding the present or future use and development of areas surrounding
a proposed Planned Unit Development (PUD).
D.
The
PUD designation is intended to be attached to use districts set forth
in this Chapter and is not a separate use district. The PUD designation
may be attached to a parcel of land at the time its zoning classification
is amended or it may be attached to a parcel of land under the zoning
district classification(s) existing at the date of application of
PUD designation. It is further intended that a PUD designation may
be applied to a residential, non-residential or a combined residential/non-residential
development. Provisions of the zoning ordinance pertaining to the
use district or districts included shall be applicable unless specifically
identified as exceptions in the notes on the area and/or Final Plan.
E.
Processing Procedures For Planned Unit Developments.
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Step 1
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Area Plan approval Application and Area Plan submitted to City
Engineer Staff review and comment Planning Commission — public
hearing, review and recommendation Board of Aldermen — public
hearing and review Board of Aldermen — review and vote
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Step 2
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Final Plan approval Application and Final Plan submitted to
City Engineer Staff review and comment Planning Commission —
review and recommendation Board of Aldermen — review and vote
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Step 3
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Construction plan approval (See subdivision regulations) Application
and construction plan submitted to City Engineer Staff review and
comment
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Step 4
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Display house plat approval (see subdivision regulations) Application
and display house plat submitted to City Engineer Staff review and
comment
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Step 5
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Record plat approval (see subdivision regulations) Application
and record plat submitted to City Engineer Staff review and comment
Planning and Zoning Commission — review and recommendation Board
of Aldermen — review and vote
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Step 6
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Building permit approval Application and building plans submitted
to City Engineer Staff review and comment
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[Ord. No. 516 §12(12.02), 6-21-2001; Ord. No. 1341 §20, 8-20-2008]
The Board of Aldermen of the City of Dardenne Prairie shall
have the authority to approve Area and Final Planned Unit Development
(PUD) Plans. Such plans may be considered by the Board of Aldermen
only after the Planning and Zoning Commission has reviewed the plans
and submitted its recommendations to the Board.
[Ord. No. 516 §12(12.03), 6-21-2001; Ord. No. 1341 §21, 8-20-2008]
A.
The
owner(s) of record or any person(s) acting on behalf of the owner(s)
of record of any tract of land in Dardenne Prairie may apply for a
PUD designation. The application for a PUD designation shall be for
review and approval of an Area Plan for development of the entire
tract.
B.
The
application may accompany a zoning amendment application for the tract
of land in question. Following review by the Planning and Zoning Commission
and approval of the Area Plan and designation of the tract of land
as a PUD by the Board of Aldermen, a second (2nd) application shall
be made for approval of a Final Plan for the entire tract or portion
thereof if development is to occur in phases. Such Final Plan may
contain minor deviations from the Area Plan due to engineering considerations
discovered during the design of improvements.
C.
A separate
application for Final Plan approval shall be required for each phase.
No construction, grading or other site improvements may commence and
no permit shall be issued therefore on a tract with a multiple stage
PUD designation until a Final Plan for said tract or part thereof
has been approved in accordance with this Section
D.
Each
application shall be filed with the City Engineer who shall transmit
the Area Plan to the Planning and Zoning Commission for consideration.
The application should be filed at least thirty (30) days prior to
the Commission meeting at which it is to be first considered.
E.
The
applicant may appear before the Board of Aldermen and/or Planning
and Zoning Commission, prior to application for a PUD designation,
to discuss the proposed development.
[Ord. No. 516 §12(12.04), 6-21-2001; Ord. No. 1053 §3, 9-13-2006; Ord. No. 1341 §22, 8-20-2008; Ord. No. 1684 §1, 5-15-2013]
A.
Application. The application for Area Plan approval shall
include the following information:
1.
The name of the proposed PUD.
2.
The names, addresses and phone numbers of the owner(s) of record,
developer, engineer, surveyor or designer responsible for the planning,
engineering survey and design, registration signature and seal of
the designer.
3.
The total acreage in the Area Plan.
4.
A legal description of the entire PUD, including one (1) hard printed
copy and one (1) electronic copy in a Microsoft Word compatible format.
5.
Signature(s) of all applicant(s) and all owner(s) of the land included
in the Area Plan certifying the accuracy of the requested information.
6.
Receipt from the City Clerk showing paid application fee.
7.
The names and addresses of the owners of all properties or portions
thereof within an area determined by lines drawn parallel to and one
hundred eighty-five (185) feet distant from the boundaries of the
property to be affected.
8.
In addition to and separate from the list required pursuant to Subsection (A)(7) above, the names and addresses of the owners of all properties or portions thereof within an area determined by lines drawn parallel to and three hundred (300) feet distant from the boundaries of the property to be affected.
9.
A preliminary stormwater management plan pursuant to the requirements of Chapter 550 of this Code.
10.
Any additional information deemed necessary by the City Engineer.
B.
Area Plan. The application shall be accompanied by two
(2) copies of the proposed Area Plan drawn at appropriate scale. Additional
copies for distribution to Planning and Zoning Commission and Board
of Aldermen members will be requested upon review by the City Engineer.
The proposed Area Plan shall contain the following:
1.
The name of the proposed PUD project.
2.
A scale, date and north arrow.
3.
A key map showing the PUD in relation to the surrounding area.
4.
Within two hundred (200) feet of the proposed development, names
of adjacent subdivisions, layout of streets (with names), right-of-way
widths, connections with adjoining platted streets, widths and locations
of alleys, easements and public sidewalks adjacent to or connecting
with the tract, location and size of all existing sanitary sewer,
storm sewer and supply facilities.
5.
Existing conditions in the plan area showing all utilities, bridges,
streets, drives or alleys and existing structures.
6.
Existing topography (at least five (5) foot contour intervals). All
topographic data shall directly relate to datum from the United States
Geological Survey.
7.
The zoning status of the PUD and of all adjacent properties shall
be identified on the plan. If the PUD contains more than one (1) zoning
district, the zoning district boundary lines shall be clearly indicated.
8.
Boundary lines of school districts, fire districts, water districts
and municipal limits shall be identified on the plan where applicable.
9.
The general plan layout of the entire PUD showing proposed land uses,
streets, parking areas, open space areas and sidewalks with significant
dimensions indicated, where appropriate, to clarify the plan.
10.
All planned use area clearly labeled as to the proposed use and all
parcels of lands to be dedicated or reserved for public use or for
use in common by property owners in the PUD shall be indicated on
the plan for dedication or reservation.
11.
The substance of covenants, grants of easements or other restrictions
proposed to be imposed upon the use of land, buildings and structures,
including proposed easements or grants for public utilities.
12.
Proposed stages of development.
13.
Data required for a Site Plan pursuant to Section 405.770 of this Chapter shall be indicated on the Area Plan. The Area Plan shall also include the following:
a.
Total gross area of the PUD Area Plan in acres.
b.
Breakdown of total gross area by land use type such as town houses,
single-family, retail shops, open space, church, school, etc.
c.
Residential data.
(1)
Estimated total residential units.
(2)
Average square feet of residential land per each type of residential
unit.
(3)
Breakdown of non-residential land by type of use.
(4)
Total parking by land use type and parking ratio per dwelling
unit.
(5)
Two (2) density charts shall be required: one (1) reflecting
residential density per acre exclusive of public right-of-way and
other non-residential land uses; and the other shall reflect residential
density exclusive of public rights-of-way without consideration of
other types of land uses.
14.
Building elevations of proposed structures.
16.
Flood hazard boundaries as shown on current United States Federal
Emergency Management Agency (FEMA) maps.
17.
Depiction of areas of common ground and for stormwater detention/retention
facilities.
18.
A note describing how street lighting will be provided and maintained.
19.
All deviations from City ordinances and from the standard zoning
district regulations for the uses included along with a statement
that no deviations other than those listed are included in the PUD.
No deviations other than those listed will be allowed during the review
and approval of a PUD Final Plan or Construction Plans.
20.
A statement where streets are stubbed for future extension that a
clearly legible sign will be posted, prior to final plat approval,
stating "FUTURE STREET".
21.
Easements and rights-of-way for future extension of streets and utilities.
22.
Any additional information deemed necessary by the Director of Community
Development, the City Engineer, Planning and Zoning Commission, Board
of Aldermen or any other officer of the City to adequately illustrate
the proposed development.
[Ord. No. 516 §12(12.05), 6-21-2001; Ord. No. 1341 §23, 8-20-2008]
A.
Upon
receipt of the Area Plan from the City Engineer, the Planning and
Zoning Commission shall undertake a study of the Area Plan. The City
Engineer shall advise the applicant in writing of any deficiencies
with the Area Plan and may make recommendations to the applicant as
to amendments to the Area Plan that may be necessary for it to conform
to the standards of this Chapter and other pertinent ordinances of
the City.
B.
The
Planning and Zoning Commission shall hold a public hearing on the
proposed Area Plan within ninety (90) days of the Area Plan application
deadline during a regularly scheduled meeting of the Planning and
Zoning Commission. Public hearings may be continued by the Planning
and Zoning Commission or the Board of Aldermen to another date without
further notice other than a motion to be entered on the minutes fixing
the date, time and place of the continuance of the public hearing.
C.
Public hearings before the Planning and Zoning Commission and the Board of Aldermen shall be conducted after notice required pursuant to Section 405.871 of this Code. The public hearings may be held jointly with a public hearing on any zoning change for the tract in question.
[Ord. No. 1772 §1, 9-16-2015]
D.
The
Planning and Zoning Commission will review the Area Plan application
and conduct a public hearing on the proposed Area Plan. The public
hearing is open to all citizens. After the public hearing, the Planning
and Zoning Commission shall conduct a formal vote on the Area Plan
application and either:
1.
Postpone consideration of the Area Plan due to lack of sufficient
information to make a recommendation to the Board of Aldermen;
2.
Recommend approval to the Board of Aldermen;
3.
Recommend approval with conditions to the Board of Aldermen; or
4.
Recommend denial of the Area Plan and any request for zoning amendment,
if applicable, to the Board of Aldermen.
E.
The
Board of Aldermen shall review the Area Plan application and the report
of the Planning and Zoning Commission and conduct a public hearing
on the proposed Area Plan. The public hearing is open to all citizens.
After the public hearing, the Board of Aldermen may either:
F.
If
the Area Plan is approved by the Board of Aldermen, the applicant
shall review the Area Plan in its approved form. The applicant and
the owner(s) of record shall then sign a statement that the approved
Area Plan shall be binding upon the applicant and the owner(s) of
record and upon their heirs, successors and assigns. The Area Plan
shall not be officially approved nor may the applicant submit a Final
Plan for the lot or any part thereof until said statement has been
signed as required herein. The foregoing approval and signing shall
constitute official approval of the PUD designation for the subject
tract. Rezoning may be made contingent upon the PUD statement being
properly signed.
G.
The
PUD designation shall be included in the next update of the official
Zoning Map.
[Ord. No. 516 §12(12.06), 6-21-2001; Ord. No. 846 §1, 1-19-2005; Ord. No. 1140 §1, 3-21-2007; Ord. No. 1341 §24, 8-20-2008; Ord. No. 1684 §2, 5-15-2013]
A.
The
Planning and Zoning Commission shall determine and shall provide evidence
of same in its report to the Board of Aldermen and the Board of Aldermen
shall determine, based upon its review of the Commission's report
and its own findings, that the proposed Area Plan meets the intent
of this Chapter and meets the following standards:
1.
The use of land shall be in conformance with the permitted uses of
the district in which the proposed development is to be located and
represents land use policy which is logical and acceptable to the
City.
2.
Project area densities.
a.
The average density of development within the "PUD" shall remain
the same as would be permitted if the area were to be developed conventionally.
Average density is to be calculated as total land area excluding public
right-of-way, land to be used as stormwater detention basins and common
ground. Common ground may be used in the calculations if it is developed
with acceptable amenities, or if the property is to be left in its
natural state. However, the development (buildings) so permitted may
be clustered and located irrespective of yard setback requirements
or lot lines in order to create a smaller network of streets and utility
lines and to create additional open space for the enjoyment of the
residents.
b.
Density bonuses. In order to provide incentive developers
to utilize the "PUD", the applicant may be eligible for a maximum
cumulative increase of forty percent (40%) in the total number of
dwelling units permitted upon application for "PUD" change. Such density
increases may be granted only by the Board of Aldermen according to
the following:
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Maximum Percentage Increase
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Design Element
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10%
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For each five percent (5%) of net development area devoted to
improved usable open space (up to thirty percent (30%) maximum).
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5%
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Provision of pedestrian ways (pedestrian, bicycle paths).
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5%
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Provision of tree and shrub planting, including peripheral and
interior screen planting and fencing landscaping and parking lots,
and the use of existing trees in the plan. This provision is in addition
to the required screening requirements.
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5%
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Creative building site designs, and groupings which take advantage
of natural terrain and minimize future water runoff and erosion problems.
Basins into the overall design is encouraged. Variations in building
design are permissible.
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5%
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Recreational facilities, not to exceed three percent (3%) for
each; swimming, tennis court and community center or club building.
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10%
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In an instance where the property to be subject to the "PUD":
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(i)
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Is or was part of a larger contiguous tract of ground under
common ownership which was or is to be acquired for a Federally funded
interstate highway project,
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(ii)
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Abuts the City limits of the City, and
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(iii)
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Contains no more than thirteen (13) acres in area.
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c.
Calculations of project density. The Board of Aldermen
shall approve any increase in the maximum density allowed in any "PUD".
In calculating the density for a tract of land, the developer and/or
applicant is encouraged to consult the City's Comprehensive Plan to
assure compatibility and harmony with surrounding densities. If density
bonuses (increases) are requested under this Section, the developer
shall document all site amenities or improvements that support the
requested density bonuses for the City's review and consideration.
3.
The proposed development shall be adequately served by public facilities
and services, such as highways, streets, Police and fire protection,
drainage courses, water and sanitary sewer facilities, refuse disposal;
or that the persons or agencies responsible for the proposed development
shall be able to provide, in a manner acceptable to the Board of Aldermen,
any such facilities and services.
4.
Each phase of the proposed development shall not be dependent upon
completion of subsequent phases of the same development for the facilities
and services.
5.
The common open space, any other common properties, individual properties
and all other elements of the PUD are so planned that they will achieve
a unified environmental scheme, with open spaces and all other elements
in appropriate locations, suitably related to each other, the site
and the surrounding land. All common spaces shall be permanently secured
as such to the satisfaction of the Board of Aldermen.
6.
Ingress and egress to the proposed development is designed to minimize
traffic congestion on the public streets outside of the development
and to facilitate the free flow of traffic, both vehicular and pedestrian,
within the development.
7.
Where applicable, the Commission and Board of Aldermen shall determine
that noise, odor, light or other external effects from any source
whatsoever, which are connected with the proposed use, will not adversely
affect adjacent and neighboring areas and uses.
8.
Yard requirements along the perimeter of the PUD shall be at least
equal to those required in district(s) in which the PUD is located.
[Ord. No. 516 §12(12.07), 6-21-2001; Ord. No. 1341 §25, 8-20-2008]
A.
Approval
of the Area Plan by the Board of Aldermen shall have the following
effects:
1.
Approval shall assure the applicant that the Area Plan is acceptable
to the Board of Aldermen for three (3) years from the date of approval
provided construction is diligently pursued and authorizes the applicant
to file a Final Plan for the entire tract or portion thereof if the
PUD is developed in phases.
2.
Approval of the Area Plan by ordinance shall confer PUD status to
the subject tract and permit modifications of area, lot width, yard
requirements and spacing among buildings and structures within the
lot, except on the perimeter thereof, all as set forth in the approved
Area Plan.
3.
No deviations from the Area Plan approved by the Board of Aldermen
shall be permitted except as provided in this Article.
4.
Notwithstanding Subsection (1) above, approval of the Area Plan of a PUD shall expire and be of no effect one (1) year after the date of approval unless a Final Plan for the entire tract, or portion thereof if the proposed development is to occur in phases, has been approved by the Planning and Zoning Commission.
[Ord. No. 516 §12(12.08), 6-21-2001; Ord. No. 1341 §26, 8-20-2008; Ord. No. 1684 §3, 5-15-2013]
A.
Only
after the Board of Aldermen has approved the Area Plan for the proposed
PUD, the owner(s) of record, or any other person(s) acting on behalf
of the owner(s) of record, may apply for the review and approval of
a Final Plan in accordance with this Article. The application for
a Final Plan shall be for the entire PUD, or portion thereof if the
proposed development is to occur in phases. Each Final Plan application
shall contain the name(s), address(es), telephone number(s) and signature(s)
of the owner(s) of record and the name, address and telephone number
of the developer and contract purchaser (if applicable). The application
shall be accompanied by proposed deed restrictions, protective covenants
and homeowners' association article of incorporation and bylaws, and
sixteen (16) copies of the proposed Final Plan which shall meet the
following requirements:
1.
The Final Plan shall be of a scale not to be greater than one (1)
inch equals twenty (20) feet nor less than one (1) inch equals two
hundred (200) feet and of such accuracy that the Board of Aldermen
and Commission can readily interpret the plan and shall include more
than one (1) drawing where required for clarity.
2.
The property shall be identified by lot lines and location, including
dimensions, angles and size, correlated with the legal description
of said property. The plan shall be designed and prepared by a qualified
land planner, registered professional architect, engineer or land
surveyor. Their registration seal shall be provided on the plan. It
shall further include the name and address of the property owner(s),
developer(s) and designer(s).
3.
It shall show the scale, north point, boundary dimensions, natural
features such as woodlot, streams, rivers, lakes, drains and topography
(at least five (5) foot contour intervals); when terrain is irregular
or drainage critical, contour intervals shall be two (2) foot and
similar features.
4.
It shall show existing manmade features such as buildings, structures,
easements, high tension towers, power lines, existing utilities such
as water and sewer lines, etc., excavations, bridges, culverts and
drains and shall identify adjacent property within three hundred (300)
feet and their existing uses.
5.
It shall show the location, proposed finished floor and grade line
excavations, size of proposed main and accessory buildings, their
relation one to another and to any existing structure to remain on
the site and the height of all buildings and structures, as well as
building elevations for the buildings proposed.
6.
It shall show the proposed streets, driveways, sidewalks and other
vehicular and pedestrian circulation features within and adjacent
to the site; also the location, size and number of parking spaces
in the off-street parking areas and the identification of service
lanes, service parking and loading zones.
7.
It shall show the proposed location, use and size of open spaces
and the location of any landscaping, fences or walls on this site.
Any proposed alterations to the topography and other natural features
shall be indicated.
8.
It shall show the location and size of all existing utilities (public
and private) serving the property as well as the location and size
of all proposed utilities to serve the property. It shall be stated
that all necessary utilities (public and private) will be available,
functioning and usable at the time any stage of the project or the
total project is ready for occupancy.
10.
All information contained on the Area Plan pertaining to the area
included in the Final Plan.
11.
Any other information deemed necessary by the Director of Community
Development, the City Engineer, the Planning and Zoning Commission,
the Board of Aldermen or any other officer of the City.
[Ord. No. 516 §12(12.09), 6-21-2001; Ord. No. 1341 §27, 8-20-2008]
A.
The
Planning and Zoning Commission shall, upon receipt of a Final Plan,
study same and either:
B.
The
Planning and Zoning Commission shall transmit an approved Final Plan
to the Board of Aldermen for its approval or denial. The approval
of a Final Plan by the Board of Aldermen shall be done by ordinance.
Said ordinance shall include all findings and conclusions of the Board
of Aldermen in support of approving the Final Plan.
Upon the denial of the Final Plan by the Board of Aldermen,
by means of an affirmative vote of the Board of Aldermen to reject
the bill proposing the Final Plan or upon the failure of the bill
to pass as an ordinance for lack of sufficient votes in favor, the
Board of Aldermen shall, no later than the next regular meeting of
the Board of Aldermen, prepare and approve the findings of fact and
conclusions of law setting forth the Board's reasons for denying the
Final Plan. The date of the Board's approval of the findings of fact
and conclusions of law shall be deemed the effective date of the denial
of the requested approval of the Final Plan.
C.
The
applicant and owner(s) of record shall review the approved Final Plan
and sign a statement that the approved Final Plan shall be binding
upon the applicant and the owner(s) and their heirs, successors and
assigns.
D.
Building permits may be issued after the applicant has signed the required statement and has followed appropriate procedure as defined in Section 405.220.
E.
The
procedure of this Section shall be repeated in full for each phase
of the development in the approved Area Plan.
[Ord. No. 516 §12(12.10), 6-21-2001; Ord. No. 1341 §28, 8-20-2008; Ord. No. 1684 §4, 5-15-2013]
A.
The
Planning and Zoning Commission, in recommending Final Plan approval,
shall determine that the following standards have been met:
1.
The Final Plan shall conform to the approved Area Plan, except that
minor variations in layout may be permitted at the discretion of the
Commission and without amendment of the approved Area Plan. Minor
variations include, but are not necessarily limited to, a change in
residential floor area, an increase in non-residential floor area
of five percent (5%) or less and a change in layout, provided that
in the case of a change in layout, the applicant shall provide the
Board of Aldermen and the Commission each a revised Area Plan which
incorporates such layouts. The revised plans shall each be signed
by the applicant and owner(s) of record. Modifications, such as, but
not limited to, a change in use, type of street, increase in density
or intensity of development, type of dwelling unit or an increase
in non-residential floor area of over five percent (5%), shall be
considered major changes and shall require amendment of the approved
Area Plan. The Board of Aldermen upon recommendation of the Planning
Commission shall determine whether a change is minor or major in accordance
with this Section.
2.
All dedications shall have been effectuated or, in lieu thereof,
proper agreements shall be made with the Board of Aldermen for such
dedication in the future.
3.
If the lot is to be developed in phases, each phase shall not depend
on subsequent phases for adequate access, utilities or public facilities.
[Ord. No. 516 §12(12.11), 6-21-2001; Ord. No. 1341 §29, 8-20-2008]
All open spaces identified in the approved Area Plan and which
are to remain in private ownership shall permanently remain as open
space and shall be properly maintained.
[Ord. No. 516 §12(12.12), 6-21-2001; Ord. No. 1341 §30, 8-20-2008]
Except as otherwise provided in Section 405.310 of this Code, an approved PUD may be amended at either the Area Plan or Final Plan stage by use of the procedures for original approval. An amendment to a Final Plan which results in a major change in the Area Plan shall require an amendment of the Area Plan and shall be processed in the same manner as the original application with public hearings before the Planning Commission and the Board of Aldermen following due public notice as required by law.
[Ord. No. 516 §12(12.13), 6-21-2001; Ord. No. 1341 §31, 8-20-2008]
A.
If
a tract has been designated as a PUD by the Board of Aldermen, said
tract shall not be developed or used except in accordance with the
approved Area Plan and Final Plan unless and until such designation
is removed by formal action of the Board of Aldermen.
B.
Failure
to obtain approval of a Final Plan as herein provided shall authorize
the Board to revoke, at its discretion, the right to develop under
the approved Area Plan and to require that a new Area Plan be filed
and reviewed in accordance with the provision of this Article.
C.
Approval
of the Final Plan of a PUD shall expire and be of no effect one hundred
eighty (180) days after the date of approval unless and until all
appropriate fees have been paid and the City shall have approved the
improvement plans for the development authorized by said Final Plan.
Approval of the Final Plan in a PUD shall expire and be of no effect
one (1) year after the date of approval unless construction is begun
and is diligently pursued in accordance with the approved improvement
plans. Expiration of the approved plan shall authorize the Board of
Aldermen to require filing and review of a new Final Plan in accordance
with the provision of this Article.
D.
Construction
of improvements under an approved PUD shall be completed within two
(2) years of the date of approval of the Final Plan. If said improvements
are not so completed, the Commission shall not review or approve plans
for any subsequent phases of the PUD unless good cause can be shown
for not completing same.
[Ord. No. 516 §12(12.14), 6-21-2001; Ord. No. 1341 §32, 8-20-2008]
Upon written request by the applicant, or their successors in
interest, the Board of Aldermen may, in its sole discretion and for
good cause shown, grant an extension of time of up to one (1) year
from the date of the initial expiration of the Area Plan for the date
of approval of the Final Plan by the Board of Aldermen (or the initial
Final Plan for a PUD that is to be constructed in two (2) or more
phases). In granting said extension, the Board of Aldermen may attach
any additional conditions deemed necessary above and beyond those
required upon the approval of the original Area Plan.
[Ord. No. 516 §12(12.15), 6-21-2001; Ord. No. 1341 §33, 8-20-2008]
The approved Area Plan and/or Final Plan shall have the full
force of the zoning ordinance. Any violation of either the approved
Area Plan or approved Final Plan shall be grounds for the City Engineer
to issue a stop work order and to withhold building permits or certificates
of zoning compliance until the violation is removed and shall cause
the owner of the development to be subject to the penalties provided
for in this Chapter.
[Ord. No. 516 §12(12.16), 6-21-2001; Ord. No. 1341 §34, 8-20-2008]
A.
Once
a developer has received Final Plan approval, it shall be the developer's
responsibility to maintain the following at their sales office.
1.
A description of the developer's/subdivision trustees' responsibilities
for common ground within the subdivision;
2.
A copy of the approved Final Plan indicating the nature of all adjacent
zonings as of date of approval;
3.
A copy of all indentures, restrictions and covenants; and
4.
The developers shall be required to post notice at the sales office
that these items are available for review.
