§ 15-162. Exceptions for planned developments

(a) The purpose of this article is to provide desirable open space in commonly owned areas, tree cover, recreation area, scenic vistas, and variety in development by allowing certain variations in lot sizes and design requirements, and the establishment of townhouses and condominiums. In no case, shall the overall density of dwelling units be greater than that permitted by the applicable zoning requirements. Subject to the approval of the town council, the design standards as set forth in this chapter may be modified by the planning and zoning commission in the case of a plan and program for a planned development which may consist of offices, institutions, stores, industries, townhouses, and residences or any desirable combination of these establishments which meet the requirements of the zoning ordinance. Proposed ownership of planned developments may be by one individual, partnership, corporation, cooperative, condominium or any desirable combination.

(b) A preliminary and final plat of a planned development shall be submitted pursuant to the provisions of this article in conformity with the following:

(1) Common open areas. Common open areas shall be defined as areas for which use is shared by all tenants and/or property owners (i.e., recreational areas, landscaped areas, sidewalks) as distinguished from space designated for private use. Common open areas will not include parking lots and roadways. All planned development shall contain commonly owned open land equal in area to twenty (20) percent of the entire development. In the event a development is planned in phases, each phase shall contain commonly owned open land equal in area to twenty (20) percent of each phase. Common areas shall be held in nonprofit corporate ownership by the owners of lots within the development. In consideration of the purpose served by a planned development, the title to such common areas or property shall be preserved to the perpetual benefit of the private properties in the development and shall be restricted against private ownership for any other purpose. The developer shall submit and, after approval by the town council, record a declaration of the covenants and restrictions that will govern the ownership, management and maintenance of the common areas.

(2) Density. Individual lot size may be varied, but the overall density of a planned development shall not exceed that permitted by the applicable zoning requirements.

(3) North Carolina unit ownership act. Before a declaration establishing a condominium or unit ownership development may be recorded, the declaration and plan shall be approved by the town council as a preliminary and final plat.

(4) Site plan. Site plans for all planned development shall show the location of the buildings, streets, alleys, walks, parking areas, recreation areas, tree covers and planting. The site plan shall number and show the dimensions of all building sites and all streets and utility easements to be dedicated to the public. All areas on the site plan other than public streets, parking lots, easements or private building sites shall be shown and designated as common areas.

(5) Landscape plan. A landscape plan for all planned development shall show all existing and proposed plant material. The plan shall indicate the size and type of existing plant material and the size and type of plants to be planted.

(6) Public access, easements and private party walls. Building lots may abut or be provided with frontage on common areas, properly restricted through a property owners association to assure adequate access, if in the opinion of the town, a public street is within an acceptable distance and would allow adequate community services. Easements over the common areas for access, ingress, and egress from and to public streets and walkways and easements for enjoyment of the common areas, as well as for parking, shall be granted to each owner of a residential site. All common walls between individual residences shall be party walls and provisions for the maintenance thereof and restoration in the event of destruction or damage shall be established.

(7) Utilities and improvements required. All planned developments shall include public water and sewer utilities, sidewalks, paved streets and parking areas with curb and gutter where storm drainage is available, landscaping and any other improvements considered necessary by the town council.

(Ord. of 9-15-81, § 602)