A.
The purpose of a planned unit development (PUD) is to provide for
the orderly development of larger parcels wherein a mixture of residential,
commercial and recreational uses is permitted in a planned development
that would be compatible with the local (or immediate) area. Additional
purposes are to protect the agricultural areas, natural resources,
water and shorelines of the County and to manage the building density
in order to maintain the rural character of the County. Cluster development
is encouraged, and application of conservation design principles is
required.
B.
A PUD shall be a project based upon a unified plan. The PUD shall
be designed and constructed by a single owner or group of owners acting
jointly, involving a related group of residences, recreational facilities
and associated or incidental commercial uses.
The PUD shall be granted to achieve the following objectives:
A.
To encourage unique and unified design and site planning of entire
developments through the use of criteria which, when properly implemented,
allow for flexibility in design and density bonuses.
B.
To preserve farmland and forests, yet provide the agricultural property
owner the benefit of increased value of residential property in the
County.
C.
To help meet the need for improved housing, commercial, recreational
and institutional facilities.
D.
To increase the amenities readily accessible to all the residents
of the development.
E.
To facilitate the conservation and preservation of natural resources.
F.
To facilitate the safest and most efficient and economical provision
and maintenance of streets and utilities.
G.
To establish sound administration standards and procedures to achieve
the above objectives.
The area and density regulations are as follows:
A.
There shall be a net open space of at least 50%, and it shall contain
no more than 35% impervious surfaces.
B.
Low-impact development (LID) features shall be incorporated into
the site design to maintain the predevelopment hydrology.
C.
A major water quality impact assessment shall be submitted to the Zoning Administrator for appropriate action prior to issuance of a building permit. (Reference § 54-28, Chesapeake Bay Preservation Area Ordinance).
D.
Density shall be determined by the allowable density of the zoning
district in which the proposed development will be located. In the
case that the proposed development will be located on multiple parcels,
the density shall be determined by the allowable density of the zoning
district for each parcel. The allowable density of the proposed development
will be the sum of the calculated densities for the multiple zoning
districts. Greater densities for each respective zoning district may
be granted by the Board of Supervisors.
The following standards shall apply:
A.
A plat may contain one or more cluster groups.
B.
Cluster groups shall be defined by the outer perimeter of contiguous
lotted areas or abutting roads and may contain lots, roads, and cluster
group open space. When the development does not include individual
lots, as in some multifamily dwellings, the outer perimeter shall
be defined as an area encompassed by a line drawn around the units.
C.
Cluster groups shall be defined and separated by common open space
in order to provide direct access to common open space and privacy
to individual lot or yard areas.
D.
All lots in a cluster group shall take access from interior roads.
E.
In locating cluster groups, disturbance to woodlands and individual
mature trees should be minimized.
F.
Vegetative buffers are required to provide screening.
(1)
A planted buffer area at least 35 feet in width and eight feet
in height shall be established within all required separation areas
between external roads and cluster groups and along all boundaries.
(2)
Planted buffers within separation areas between cluster groups
are encouraged to enhance privacy and a rural appearance between lots.
(3)
A buffer strip consisting of natural or supplemental woody vegetation
at least 35 feet in depth shall be provided between any lot within
the development and any lot, parcel or tract of land located outside
the development.
G.
Residences may be located in the same building with a commercial
establishment. Residences can be above the business, below it, or
attached to it.
H.
A property owners' association (POA) shall be established as follows:
(1)
Developments containing common property must be subject to the
submission and approval of a legal instrument or instruments encompassing
restrictive covenants setting forth a plan or manner of permanent
care and maintenance of open spaces, recreational areas, private streets
and other common facilities. No such instrument shall be acceptable
unless and until approved by the County Attorney as to legal form
and effect.
(2)
All common property shall be deeded to a POA. The exception
is when part of the common property is established as an agriculture
or forestry lot and therefore dedicated to that purpose or a conservation
purpose and precluded from further subdivision. The developer shall
file a declaration of covenants and restrictions that will govern
the POA with the application for tentative plat approval.
(3)
The property owners' association, including covenants and restrictions,
must be set up and legally constituted prior to the sale of any lot,
dwelling unit or other structure located within the PUD.
(4)
All covenants and restrictions must be permanent and run with
the land.
All utilities serving the development, including sanitary sewer,
water, electrical transmission lines and telephone lines, shall be
either centralized or public in nature and shall be placed underground.
The costs related to the provisions of maintenance of such utilities
shall either be borne by the developer or the residents of the development
through the property owners' association. Public or centralized sanitary
sewer and water systems shall be constructed in accordance with the
Virginia Department of Health requirements.
Minimum off-street parking shall conform to § 148-142.
Sign regulations shall conform to Article XII of this chapter.
A.
Applicant. The applicant for PUD zoning shall be the owner of the
site, or if more than one, all owners of the site acting jointly.
For the purposes of this provision, "owner" shall mean and include
any public body corporate, or a holder of a written option to purchase.
B.
Site plan and application for a PUD. An application for residential
planned unit development shall be filed with the Zoning Administrator
on a form prescribed by the Zoning Administrator and provided for
that purpose.
(1)
A site plan, which should, as a minimum, contain the following
items:
(a)
Title of the project.
(b)
Name and address of owners.
(c)
Location of the site by an insert map at a scale of no less
than one inch equals 2,000 feet.
(d)
Indication of the scale, North arrow, zoning and such information
as the names and numbers of adjacent roads, streams and bodies of
water or other landmarks sufficient to clearly identify the location
of the property.
(e)
Boundary survey of the site of a plan, drawn to scale.
(f)
Location and dimensions of existing structures, all existing
and proposed streets and easements, their names, numbers and widths;
existing and proposed utilities, watercourses, and their names and
owners.
(g)
Location of all entrances to the site.
(h)
Proposed sewage disposal system.
(i)
Stormwater management plan, including LID analyses, location
of drainage and LID facilities and percentage of impervious surface.
(j)
Solid waste disposal system.
(k)
Water supply and distribution plan.
(l)
Fire protection plan.
(m)
Provisions for off-street parking, including areas for recreational
vehicles, boats, etc.
(n)
Location of each building on the site, including any accessory
buildings, utility lines, streetlights, etc.
(o)
Size of each building, height and number of stories.
(p)
For a multifamily residential development, the number, size
and type of dwelling units, location, type and percentage of total
acreage of recreational facilities.
(q)
Location and general design and width of all driveways, curb
cuts, bikeways, and sidewalks.
(r)
Location and identification of all other proposed facilities,
i.e., swimming pools, tennis courts, etc.
(s)
Any flood areas, the RPA and buffer zones, if applicable.
(t)
Primary conservation areas, such as wetlands, and steep slopes,
historic and archaeological sites.
(u)
Secondary conservation areas, such as mature woodlands, greenways
and trails, river and stream corridors, prime farmland, hedgerows,
large, individual freestanding trees or tree groups, and similar areas
important to protect the rural nature of the parcel.
(v)
Landscaping, screening, and lighting plans.
(w)
Traffic impacts and the results of VDOT consultations.
(2)
An inventory and site analysis.
(3)
Written statement of facts explaining in detail the proposal
and justifying the project at this location. Included also will be
the proposed provisions for service, maintenance and continued protection
of the common property.
(4)
The application shall include such other pertinent information
as the Zoning Administrator shall prescribe; but to promote efficiency
and minimize expense, the Zoning Administrator may provide for the
serial submission of portions of the application.