§ 22-58. Planned development subdivision (PDS).

A planned development subdivision may be composed of residential, commercial, industrial public and semi-public uses. A PDS may be a planned unit development (PUD) or a cluster subdivision. To encourage innovative development, the normal subdivision regulations pertaining to dimensional criteria from article IV of the zoning ordinance and road standards from section 22-80 may be modified or exempted entirely, subject to approval of the total development plan by the board of commissioners. Sound design of the plan for development, in keeping with good planning and engineering practices and with the general safety and welfare of the public, shall be considered in the approval of any PDS.

(a)

PDS concept site plan submittal and approval.

(1)

A site plan shall be submitted to the subdivision administrator for board of commissioners approval of the general concept to be achieved by the proposed PDS. The information and data to be submitted on the site plan be as required for a preliminary plat in addition to the following information:

a.

General development plan for the property showing the boundaries of areas to be developed for each proposed land use type and design standards for the type of land use in the PDS. Each land use type shall be identified distinctively from other land use types by color, patterns, numbers or letter, or a combination of means for easy identifications.

b.

Proposed rights-of-way drawn on the plan to show location of public and private streets and roads within the PDS.

c.

Location of land to be made available for community facilities such as schools, parks, churches, fire stations and similar uses.

d.

General location of land to be dedicated as buffering, recreation and open space.

e.

General location of major utilities such as water lines, or sewer lines, water point source and natural gas if provided, electrical, telephone and cable television.

f.

Data shall be supplied for the following:

1.

Total site acreage.

2.

Acreage set aside for each land use type.

3.

Proposed densities for each residential land use type. Where a residential land use type will be planned in separate locations with different densities, the proposed density of each shall be given.

4.

Total number of dwelling units proposed.

5.

The ratio of open space proposed for each residential land use type.

6.

Proposed method of water supply and sewerage treatment and disposal.

(b)

Submission procedure for PDS concept site plan. The subdivider shall submit a PDS concept site plan, which shall be reviewed by the subdivision review committee. The committee shall send their recommendations to the subdivision administrator to forward to the planning board for review and a recommendation to the board of commissioners.

At least nine (9) copies of the PDS concept site plan shall be submitted to the subdivision administrator.

The fee for submitting a PDS site plan shall be paid at the time of submittal according to the fee schedule approved by the board of commissioners.

(c)

Review and approval procedures. The subdivision administrator shall schedule a meeting of the subdivision review committee within fourteen (14) days of submittal of a complete application. The committee shall recommend to the subdivision administrator, on a majority vote of the members present, to approve the plan, conditionally approve the plan with the recommended change with reason for the change(s) or disapprove the plan with reason within fifteen (15) days of the committee meeting at which the plan was discussed. If no recommendation is made by the committee within this time, the plan shall then be placed on the next planning board agenda subject to the courtesy hearing notification requirements from section 21-315(1) of the zoning ordinance.

After receiving a recommendation from the planning board or after failure of the planning board to transmit a recommendation within thirty (30) days of first consideration, the board of commissioners shall hold a public hearing on the proposed PDS application, subject to notification requirements from section 21-315(1), to render one of the following decisions:

(1)

Approve the concept of the plan as submitted;

(2)

Approve the concept of the plan with modifications; or

(3)

Disapprove the concept of the plan with the reasons for disapproval given.

If not approved, the applicant may resubmit a revised site plan within ninety (90) days with no additional filing fees required. The resubmitted site plan shall be reviewed in the same manner as a new application. At least one (1) copy of any disapproved plan along with the reason for disapproval shall be retained by the subdivision administrator as part of the county's official records. A copy of such reasons and any remaining copies of the plan shall also be transmitted to the subdivider.

If the PDS concept site plan is approved, it shall be indicated on the plan and two (2) copies shall be retained by the subdivision administrator as part of the county's official records. Any remaining copies of the approval plan shall be transmitted to the subdivider. If the plan is approved with modification, these modifications shall be noted in the minutes of the board of commissioners and a written copy of the modifications shall be provided to the subdivider. An approved PDS concept site plan shall be valid for twenty-four (24) months after the approval date.

(d)

Supplementary requirements for cluster subdivisions. Any PDS that is proposed as a cluster subdivision as defined in section 22-10 shall be subject to the following regulations and standards:

(1)

The subdivision is two (2) or more acres in total area including public and private rights-of-way, platted lots and permanent open space as provided in section 22-58(d)(3) and contain at least four (4) dwelling units as indicated in section 21-60(15) of the zoning ordinance.

(2)

The total number of lots does not exceed the number that would result if the total area of the subdivision were divided by the minimum lot size for lots in subdivisions not subject to this section.

(3)

Land set aside within the subdivision and its maintenance as permanent open space is assured by restrictive covenants shall be placed on open space tracts to satisfaction of the board of commissioners. The area of such open space shall not be less than the difference between the total area platted in the subdivision and the total area that would have been so platted if all lots were of the minimum lot size for lots in normal subdivisions not subject to this section.

(e)

Supplementary requirements of planned unit development (PUD). Any proposed PDS that is proposed as a planned unit development (PUD) as defined in section 22-10 shall be subject to the following regulations and standards:

(1)

The allowable number of dwelling units per acre shall conform to the density standards prescribed in section 21-84 of the zoning ordinance.

(2)

When land application treatment systems are used for sewage treatment and disposal system, the land area required for the treatment and disposal shall not be included in determining the maximum gross density.

(3)

The maximum land area associated with any nonresidential structures, excluding surface parking, shall not exceed thirty (30) percent of the total land area associated with the nonresidential uses unless otherwise approved by the board of commissioners.

(4)

Land area associated or required with one type of land use may not be used to compute acreage available for another type of land use. Land area shall not be counted twice in computing acreage available to each land use.

(5)

Any proposed common open space in a PUD shall provide for the upkeep and maintenance under provisions of section 22-58(f).

(f)

Maintenance requirements for common open space. If the open space tract is not intended to be deeded and accepted by a county or municipality, then a homeowners association or similar legal entity shall be established and shall be responsible for the maintenance, payment of taxes, and control of open space areas subject to the restrictive covenants.

An association or similar legal entity shall be established by recorded covenants before any lots of the development have obtained a zoning or building permit, although their maintenance authority for purposes of this article shall not be in effect until at least twenty-five (25) percent of the lots are built-upon and occupied by tenants other than the subdivider. The association or similar legal entity shall have clear legal authority to maintain and exercise control over such open space areas.

Further, the association or similar legal entity has the power to compel contributions by levying assessments against each lot in the subdivision development whether improved or not, for the purpose of paying their proportionate share of the cost associated with the maintenance, upkeep, and taxes of such common open space areas.

Other methods may be acceptable if the same positively provide for the proper and continuous payment of taxes and maintenance of the common open space. The instruments incorporating such provisions shall be submitted at the time of final plat submittal and shall be approved by the county attorney as to form and legal sufficiency before submission to the board of commissioners and shall be recorded at the office of register of deeds of Rowan County at the time of recordation of the final plat.

(g)

Maintenance requirements for water point source In the event a water point source will not be deeded to or accepted by the county or the fire department having responding jurisdiction, maintenance of the grounds (lot or easement area) surrounding the water point source shall be the responsibility of the property owner or the subdivider until such time a homeowners association or similar legal entity has assumed authority for enforcing the recorded covenants. All powers and duties for enforcing the maintenance of the grounds as allowed by this subsection shall be the same as those specified in subsection 22-58(f) of this chapter. Maintenance of the mechanical and nonmechanical components of the water point source shall be the responsibility of the fire department having jurisdiction.

(Amend. of 7-16-07(2); Amend. of 11-2-09; Amend. of 4-21-14; Amend. of 9-6-16)