Concord CHAPTER 28 ZONING ORDINANCE Article 288 Planned Unit Development (PUD). SECTION ANALYSIS 2881 Purposes; Requirements 2882 Procedures 2883 General Regulations 2884 Residential Uses 2885 NonResidential Uses 2886 Timing of Development Actions 2887 Accessory Buildings The following Sections are referred to in Section 2848 of this Ordinance, Use Regulations Table of Uses. Elements of this Article relate both to uses permitted as a matter of right and to uses permitted only as Special Exceptions to this Ordinance. In issuing a Special Exception, the Board of Adjustment shall consider the requirements set forth in this Article in addition to the specific requirements of Article 2816, Special Exceptions and the other Sections of this Ordinance as applicable. 2881 Purpose; Requirements. The purpose of these provisions relating to Planned Unit Developments (PLTD) is to promote efficient use of land and utilities by providing an optional pattern of site development different from one in which there is a division into lots for each structure. The exercise of the option is subject to the regulations within this Article. These regulations are intended to allow site plans that will preserve open space; which will provide varied land uses and a variety of housing types; which will establish varied forms of land ownership and home ownership; which will lead to private and public economics in. the development of land and the construction of housing; and which will provide for supporting facilities on a tract of land. Planned Unit Developments proposed under this Article are, for the purposes of this Ordinance deemed to be subdivisions as defined in Chapter 672, Definitions, of the New Hampshire Revised Statutes Annotated, inasmuch as such PUD's are construed to constitute a division of a lot, tract or parcel of land into two (2) or more sites. PUD's under this Article will be subject to approval by the Planning Board under the general authority given it in accordance with Chapters 674, 675 and 676 of the New Hampshire Revised Statutes Annotated. 2882 Procedure. Applications for approval of a Planned Unit Development (PUD) shall be made to the Planning Board and shall contain the elements and information as described in this Article and in Section 28114, Architectural Design District. The application shall consist of a request in writing from the owner, owners, or agents for the owners, of the tract, lot, or parcel of land in question and shall include all necessary site plans and documents. The deadlines for submittal, hearing notice and for consideration of a PUD application shall be as required under Chapters 674, 675 and 676 of the New Hampshire Revised Statutes Annotated. Once an application for approval of a Planned Unit Development has been submitted, no building permit for anything but ordinary maintenance and repair of any structure previously existing on the tract, lot or parcel of land for which an application is submitted shall be issued unless there is a PUD site plan approved by the Planning Board, and no building permits for new construction shall be issued unless there is a PUD plan approved by the Planning Board. 2883 General Regulations. In addition to other requirements, a PUD shall conform to the following: a. A PUD will be considered for undivided tracts, lots, or parcels having a minimum size of twelve (12) acres in suburban (RC) and transitional (BR) district. b. In evaluating and approving the general design and layout of a PUD, the Planning Board may require that portions of the PUD be so designed as to complete any street or utility systems that abut the tract, lot or parcel of a PUD. The Board may also require a design layout of a PUD to be consistent with any prior approved subdivisions that exist on the tract, lot or parcel of a PUD or consistent with prior approved subdivisions on abutting properties. c. The applicant shall submit a statement of projected environmental impact substantiated with data and/or professionally certified information including the following elements: 1. Statement of adequacy of proposed parking for the use intended; 2. Statement of effect on pedestrian and vehicular traffic on abutting streets; 3. Statement of adequacy of utility systems for the provision of water service, fire protection, sewer service, and storm drainage where applicable; 4. Statement of suitability of the proposed drainage system and effect on abutters; 5. Statement of noise control methods and procedures; 6. Statement certifying ownership of the land upon which the development is proposed; 7. Statement of effect on the public school system. 8. Statement of impact of the proposed development on natural resources and environmental quality within the City including, but not limited to, water quality, air quality, wetlands, soil erosion, and agricultural lands, and a statement of pollution control and impact mitigation measures. (51286) d. A Planned Unit Development (PUD) shall be subject to approval by the Planning Board under the provisions of Section 28114, Architectural Design (AD) District, and shall be subject to the following design guidelines. 1. In the design review process for a Planned Unit Development the applicant(s) and the Planning Board shall recognize the special nature of this form of development. Because of the nature of the areas in which Planned Unit Developments may be built, the development should be integrated into the surrounding neighborhood in such a way that overall visual qualities between old and new are complementary. 2. In the preparation of the site plan for a PUD, while it is not mandatory, it is recommended that the applicant secure the services of a professional landscape architect, architect, or land planner to assist in development of the plan. The Planning Board may secure, at its discretion, similar consulting services to advise the Board in its evaluation of PUD proposals. It is to the advantage of both parties that a proposed PUD plan represent the highest quality at the time of its submission. 3. In evaluating the data submitted under this Article, the Planning Board shall follow these general design guidelines insofar as is practical: A. The scale and size of buildings proposed to be placed along existing street frontages shall be related to, and harmonize with, existing buildings in the immediate street vicinity of the tract proposed for a PLJD. B. The design of the PUD shall be directed toward establishing a sense of place. Inward oriented placement of buildings, streets, open space and recreational facilities is desired. C. Materials, colors and buildings should be compatible with the existing landscape of the tract and with surrounding buildings. D. A site analysis plan shall be prepared and submitted, said plan to include existing topography, trees and vegetation, surface waters, extent and type of soils, and existing manmade features including structures, utilities, and paved surfaces. Where tree cover is less than twentyfive (25) percent of the site, the locations of all trees of a minimum trunk diameter of five (5) inches, as measured at twelve (12) inches above the ground, shall be noted on the plan. (51286) E. The plan for a PUD should provide a continuity of open space throughout the tract, Trails and bicycle paths are desired. F. Streets within the PUD should be related to projected overall City plans for vehicular circulation improvements. G. While not mandatory, it is suggested that the applicant confer with the Planning Board. early in the design process to facilitate an understanding of the PUD on the part of both parties. 2884 Residential Uses. Provisions regulating residential uses in a PUD are provided in the following Section: a. Residential uses in a PUD shall include three (3) dwelling types as follows: 1. Singlefamily detached dwellings on separate sites or individual lots; 2. Attached dwellings which may be twofamily dwellings or townhouses; and 3. Garden apartment dwellings. (51286) b. Total residential densities in a PUD shall not exceed six (6) units per acre of useable land in a Suburban (RC) or Transitional (BR) District. The PUD shall not exceed a total of four hundred (400) dwelling units. Within the prescribed limitations of density and total units, the actual density and number of units for any given site will be as approved by the Planning Board after due consideration of the site analysis plan and the statement of projected environmental impact. (51286) c. Dwelling units of each type listed (numbers; 1, 2 and 3 in Section 2884a above) shall be constructed. Not more than sixty (60) percent of total units nor less than ten (10) percent of total units shall be of any one dwelling type. (51286) d. All dwelling units constructed under this Article shall conform to the building height requirements as specified in Article 285, Dimensional Regulations, of this Ordinance. The PUD, and the total floor area of structures herein, shall conform to the maximum lot coverage requirements. as specified in Article 285, Dimensional Regulation , for the district in which it is located. e. No dwelling unit, or other structure, shall be placed closer than fifty (50) feet to the PUD property line. Whenever the PUD abuts an existing single family dwelling, or lot within a prior approved subdivision, attached dwellings shall be placed no closer than seventyfive (75) feet to the PUD property line, and multifamily dwellings shall be placed no closer than one hundred (100) feet to the PUD property line. The buffer strips created in conformity with this section shall be landscaped and shall contain no more than twentyfive (25) percent of all required parking space. f. Where lots are established in the PUD for single family dwellings, they shall conform to the minimum requirements for lots used for single family dwellings under Article 287, Open Space Residential Development (Cluster), provisions. g. Within the required buffer strips or yard setbacks from the property lines a minimum of fifty (50) percent of the existing trees shall be preserved and retained in the site development. Where deemed necessary and desireable, the Planning Board may allow the substitution of new plantings and landscaping for up to fifty (50) percent of the trees to be preserved within said buffer strips and yard setbacks. Within the buildable area of the lot that is circumscribed by the buffers or setbacks, a minimum of twenty (20) percent of the existing trees shall be preserved and retained in the site development. Only trees with a minimum trunk diameter of five (5) inches as measured at twelve (12) inches above the ground, shall be considered in satisfying the requirements of this Section. (51286) 2885 NonResidential Uses. Certain nonresidential uses may be established within a PUD, but shall be generally of such size and category of use as to be intended to serve the residents of a PUD. In considering the nonresidential uses, the Planning Board may require submittal of information and evidence to the effect that such planned uses are needed in the proposed development and are not readily available in the neighborhood in which the PUD is proposed. a. For a PUD, permitted nonresidential uses may include the following: 1. Indoor and outdoor recreation facilities for use of the residents of the PUD. These facilities shall be functionally and attractively related to structures, permanently related to the structures by deed or otherwise, and owned and maintained in such a way as not to become a burden to the City. 2. Sales office for the sale or rental of property in the PUD. 3. Accessory uses as specified in Article 284, Use Regulations. b. Space allocated for nonresidential uses, other than recreational facilities limited to use of the residents, shall be limited in size in accordance with the number of dwelling units. For each dwelling unit in the PLID there may be permitted the construction of seventyfive (75) square feet of gross floor area of nonresidential space as specified herein. c. All nonrecreational, nonresidential uses shall be located within a building or buildings used for residential purposes except for a temporary building used for sales or rental of the property in the PUD. Such temporary building shall be removed upon completion of fifty (50) percent of the units unless it is incorporated as part of a recreational, or permitted nonpresidential use, and if so, shall be converted to such other use prior to completion of fifty (50) percent of the units. d. If the total PUD exceeds three hundred (300) units, and exceeds one hundred (100) acres, a separate building may, at the option of the Planning Board, be permitted to house nonresidential, nonrecreational uses, including the sales office. 2886 Timing of Development Actions. In submitting a plan for the development of a PUD, the developer shall submit on a plan the phasing of the development. This plan shall provide for the construction of various types of housing units in accordance with the overall housing mix to be developed so that no one type is developed in its entirety prior to the project's completion. A variance of twenty (20) percent shall be allowed in the phasing. When fifty (50) percent of the units have been completed all allowable nonresidential space may be completed by the developer. Prior to completion of fifty (50) percent of the units. all recreational facilities incorporated in the plan must be completed. 2887 Accessory Buildings. Accessory buildings shall include all buildings used for parking other than a garage on a lot with a single family home (garages in twofamily dwellings shall be incorporated or attached to the dwelling they are intended to serve) and all recreational buildings for use of the residents such as clubhouses, cabanas, stables and shelters. These are permitted uses and shall be incorporated and identified on the plan. All such uses shall be located so that no noise or light generated from their use shall be discernible beyond the property line of the PUD.