Z- Article 20 | Vermilion Township

Zoning Resolution Article 20

PLANNED UNIT DEVELOPMENT REGULATIONS

20.1 Planned Unit Development Regulations

Article 20 of this resolution shall apply to the location and maintenance of Planned Unit Development as herein defined.

20.2 Statement of Purpose

It is the responsibility of these sections to promote the public health, safety and welfare by providing for the regulation of planned unit developments. It is the intent of these regulations to provide maximum opportunity for orderly developments which will benefit the community as a whole by offering a greater choice of living environments, complementary blending of land uses, to include community facilities and open space and a more unified approach with respect to the mixture of uses and their adaptation to topographical and geological features, recreational opportunities and transportation needs.

20.3 Definition

“Planned Unit Development” or PUD shall mean a development which may integrate residential, commercial and industrial facilities in a pre-planned environment under more flexible standards, such as lot sizes and setbacks, than those restrictions that would normally apply under these regulations. The procedure for approval of such development contains additional requirements such as building design principles and landscaping plans.

20.4 Interpretation

Whenever the requirements of Article 20 appear to be in conflict with other sections of this resolution or with those of other existing resolutions, the provisions of these sections shall prevail.

20.5 PUD District Designation

Subsequent to the review of the Township Trustees, the designation “Planned Unit Development District: may be applied to any residential, commercial or industrial developments. Upon approval of the final development plan, the official zoning map shall be so amended. The designation shall only apply to property at the elections of the property owner.

20.6 Uses Permitted in a PUD District

Residential, commercial, manufacturing public and quasi public uses may be separate or combined in PUD districts, provided that the proposed will not adversely impact upon adjacent property or the public health, safety and general welfare and that the location of uses in the PUD are specified in the final development plan. The Planned Unit Development may be comprised of one use or a combination of uses, as indicated above. There is no minimum area required for a Planned Unit Development.

The amount of land devoted to commercial and/or manufacturing use in a residential-commercial-manufacturing or residential-commercial development shall be determined by the commission and approved by the Township Trustees.

20.7 Disposition of Open Space

The required amount of common space land reserved under a Planned Unit Development shall either be held in corporate ownership by owners of the project area, for the use of each owner who buys property within the development, or be dedicated to a property owners’ association who shall have title to the land which shall be retained as common open space for parks, recreation and related uses. The legal articles relating the organization of the property owners’ association is subject to review and approval by the Township Zoning Commission and shall provide adequate provisions for the perpetual care and maintenance of all common areas. Public utility and similar easements and rights-of-way for water courses and other similar channels are not acceptable for common open space dedication unless such land or right-of-way is usable as a trail or similar purpose and has been approved by the commission. The responsibility for the maintenance of all open spaces shall be specified by the developer before approval of the final development.

The Township Zoning Commission in conjunction with the Township Trustees may require land to the amount of three percent (3%) of the land included in the Planned Unit Development be conveyed to the township for park purposes. In lieu of the conveyance for park purposes, the commission may in conjunction with the Township Trustees, require the subdivider to pay cash in lieu of land to be used for improvements to parkland in the immediate area. The terms and amount of payment shall be determined in negotiation between the subdivider and the Township Trustees.

20.8 Utility Requirements

Underground utilities, including telephone, cable television and electrical systems, are required within the limits of all Planned Unit Developments. Appurtenances to these systems which can be effectively screened may be exempt from this requirement if the commission finds that such exemption will not violate the intent or character of the proposed Planned Unit Development.

20.9 Special PUD Lot Requirements

The lot requirements for Planned Unit Development approved by the commission, may vary from requirements of the districts included in this Zoning Resolution.

20.10 Arrangement of Commercial/Manufacturing Uses

When Planned Unit Development districts include commercial and/or industrial uses, buildings and establishment shall be planned as groups having common parking areas and common ingress and egress points in order to reduce the number of potential accident locations at intersections with streets. Planting screens or fences shall be provided on the perimeter of the commercial and/or manufacturing areas. The plan of the project shall provide for the integrated and harmonious design of buildings and for adequate and properly arranged facilities for internal traffic circulation, landscaping and such other features and facilities as may be necessary to make the project attractive and efficient from the standpoint of the adjoining and surrounding areas.

All areas designed for future expansion or not intended for immediate improvement or development shall be landscaped or otherwise maintained in a neat and orderly manner as specified by the commission.

20.11 Procedures for Approval of Planned Unit Development Districts

Planned Unit Development districts shall be approved in accordance with the procedure in Section 20.11 to 20.24. The designation of major PUD will be considered a change of zoning and must meet all the applicable provisions of the Zoning Resolution.

20.12 Pre-Application Meeting

The developer shall meet with the Zoning Inspector prior to the submission of the preliminary development plan. The purpose of this meeting is to discuss early and informally the purpose and effect of this resolution and the criteria and standards contained herein and to familiarize the developer with zoning and other applicable regulations.

20.13 Preliminary Development Plan Application Requirements

An application for preliminary Planned Unit Development approval shall be filed with the Zoning Inspector, as representative for the zoning Commission, by at least one owner of property for which the Planned Unit Development is proposed. The procedure for approval shall be the same as an amendment to the Zoning Resolution, as detailed in Article 8. The filing of a preliminary development plan under this section shall constitute the election by the property owner to submit the property described in the plan to provisions of this chapter and shall constitute an application for rezoning the property to the Planned Unit Development (PUD) district. All plans prepared and submitted must be prepared by a registered engineer, surveyor or architect. At a minimum, the application shall contain the following information filed in triplicate:

1. Name, address and phone number of applicant;

2. Name, address and phone number of registered surveyor, registered engineer and/or urban planner assisting in the preparation of the preliminary development plan;

3. Legal description of property;

4. Present use(s);

5. Present zoning district;

6. Identification of any area within a floodplain;

7. A vicinity map at a scale approved by the Zoning Administrator showing the property lines, streets, existing and the proposed zoning and such other items as the Zoning Administrator may require;

8. A preliminary development plan at a scale of 1”=20’ showing topography at ten (10) foot intervals; location and type of residential, commercial and industrial land uses; layout and dimensions and names of existing and proposed streets; right-of-way, utility easements, parks and community spaces; layout and dimensions of lots and building setback lines; preliminary improvement drawings showing water, sewer, drainage, electricity, telephone and natural gas; and such other characteristics as the commission may deem necessary; general location of buildings;

9. Proposed schedule for the development of the site;

10. Evidence that the applicant has sufficient control over the land in question to initiate the proposed development plan within two years;

11. A fee as established by resolution passed by the Township Trustees;

12. A list containing the names and mailing addresses of all owners of property within five hundred (500) feet of the property in question.

13. Verification by at least one owner of property that all information in the application is true and correct to the best of his/her knowledge.

The application for preliminary Planned Unit Development shall be accompanied by a written statement by the developer setting forth the reasons why, in his opinion, the Planned Unit Development would be in the public interest and would be consistent with the stated intent of these Planned Unit Development requirements.

20.14 Criteria for Commission Recommendation

Before making its recommendation, the commission shall find that the facts submitted with the applications and presented at the public hearing establish that:

1. The proposed development can be initiated within two years of the date of approval.

2. The streets proposed are suitable and adequate to carry anticipated traffic and increased densities will not generate traffic in such amounts as to overload the street network outside the Planned Unit Development.

3. Any proposed commercial or industrial development can be justified at the location proposed.

4. Any exception from standard district requirements is warranted by design and other amenities incorporated in the final development plan, in accordance with these Planned Unit Development requirements and the need to provide a variety of housing opportunities with regard to type and price.

5. The area surrounding said development can be planned and zoned in coordination and substantial compatibility with the proposed development.

6. Proposed design shall consider the removal of minimal natural coverage and in all cases reflect conservatory measures relating to open space.

7. The PUD will not be hazardous or disturbing to existing or future neighboring uses.

8. Will be a substantial improvement to property in the immediate vicinity and to the community as a whole.

9. The PUD will be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage structures, refuse disposal or schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such service.

10. The PUD will not involve uses, activities, processes, materials and equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The Zoning Commission may require studies such as a traffic study to be provided to ensure the concerns noted above can be addressed.

11. The PUD will encourage development as close as possible to existing settlements to keep the cost of providing service down.

12. The PUD will provide adequate access for emergency vehicles and for those persons providing emergency services.

13. The PUD will provide adequate security lighting for pedestrian circulation paths, vehicular use areas and exterior portions of buildings.

14. The design of the PUD will encourage the use of the existing road system presently maintained by the authority having jurisdiction to minimize the additional maintenance expense of new development and to ensure that new development is adequately served by the transportation network.

15. The PUD will be consistent with the intent and purposes of this resolution.

20.15 Development Policies

1. Density

a. The maximum density for a proposed residential development shall be based on site specific review, but shall be based on the compatibility with adjacent uses;

b. Where increased densities are located adjacent to existing buildings, the building setback should be increased to minimize any adverse impact of the proposed development.

2. Height Criteria

a. Architectural Compatibility: The heights of all buildings are encouraged to be compatible with their vicinity.

b. General Character: The heights of the buildings should be in general compliance with district regulations for a similar type of land use.

c. Scenic Values: Building should be of such heights so as not to destroy or degrade the scenic values of surrounding area.

d. Views: Buildings shall not be of such height so as to block, destroy or degrade the scenic values of surrounding areas.

e. Light and Air: Buildings shall not be of such heights so as to deny light and air to surrounding properties.

20.16 Site Design

Statement of Policy. The township hereby finds that it is in the public interest for all sites within the community to be designed, arranged and developed in safe, efficient functions and uses and improvements should reflect the natural capabilities and limitations of the adjacent property. The various structures, use areas, functions and elements of the site design should be integrated by design into a unified whole, except in those cases where separation is appropriate to a particular interrelationship. Taking into consideration the basic character of the site and the nature of the proposed uses, the development should be visually harmonious as perceived from both within and without.

1. Integration and Separation: It is encouraged that those elements and functions of site that are basically compatible with one another be integrated by design to the degree of their compatibility and separated to the degree of their compatibility.

2. Privacy: It is encouraged that all sites be arranged so as to provide privacy for the occupants of both the site and surrounding areas.

3. Aesthetics: It is recommended that the site be developed in such a way so as to be visually harmonious when viewed either internally or externally. The degree of existing character of the site and the basic nature of the proposed uses.

4. Vistas: It is encouraged that the site be developed in such a way so as to preserve or enhance vistas, particularly those seen from public places.

20.17 Placement of Structures

1. Clear Vision Area. No structure or foliage shall extend into a clear vision area between the height of three feet and seven feet measured from the top of the curb, or where no curb exists, from the established street centerline grade. The clear vision areas shall be as follows.

a. Intersection of driveways and public rights-of-way: A triangle having two sides ten (10) feet long and running along the driveway and public right-of-way, said length beginning at their intersection and the third side formed by a line connecting the two ends.

b. Intersection of two public rights-of-way: A triangle having two sides thirty (30) feet long and running along each public right-of-way, said length beginning at their intersection and the third side formed by a line connecting the two sides.

2. Placement of Structures

a. Adverse effects. No structure shall be placed in such a way so as to adversely affect adjacent ownerships. Adverse effects shall include, but not be limited to the removal of lateral support, the creation of hazard, nuisance, danger or inconvenience, unreasonable loss of light and air, or loss of privacy.

b. Snow storage areas. Buildings shall be placed in such a manner as to allow to public rights-of-way. Snow storage easements shall be dedicated where appropriate.

20.18 Amendment Procedure

Upon receipt of a preliminary development plan which complies with the provisions of this chapter, the Township Zoning Commission shall set a date for a public hearing thereon, which date shall not be less than twenty nor more than forty days from the date of the filing of such plan. Notice of such hearing shall be given by the Township Zoning Commission by one publication in one or more newspapers of general circulation in the township at least ten days before the date of such hearing.

If the proposed plan intends to rezone or redistrict ten or fewer parcels of land, as listed on the County Auditor’s current tax list, written notice of the hearing shall be mailed by the Zoning Commission, by first class mail, at least ten days before the date of the public hearing to all owners of property within and contiguous to and directly across the street from such area proposed to be rezoned or redistricted to the addresses of such owners appearing on the County Auditor’s current tax list. The failure of delivery of such notice shall not invalidate any such amendment.

If the proposed plan intends to rezone or redistrict ten or fewer parcels of land as listed on the County Auditor’s current tax list, the published and mailed notices shall set forth the time, date and place of the public hearing and shall include all of the following:

1. The name of the Zoning Commission that will be conducting the public hearing;

2. A statement indicating that the plan is an amendment to the Zoning Resolution;

3. A list of the addresses of all properties to be rezoned or redistricted by the proposed plan and the names of owners of these properties, as they appear on the County Auditor’s current tax list;

4. The present zoning classification of property named in the proposed plan and a statement that it is proposed to be rezoned to Planned Unit Development district (PUD);

5. The time and place where the plan proposing to amend the Zoning Resolution will be available for examination for a period of at least ten days prior to the public hearing;

6. The name of the person responsible for giving notice of the public hearing by publication or by mail, or by both publication and mail;

7. Any other information requested by the Zoning Commission;

8. A statement that after the conclusion of such hearing the matter will be submitted to the board for its action.

If the proposed plan rezones or redistricts more than ten parcels of land, as listed on the County Auditor’s current tax list, the published notice shall set forth the time, date and place of the public hearing and shall include all of the following:

1. The name of the Zoning Commission that will be conducting the public hearing on the proposed plan;

2. A statement indicating that the plan is an amendment to the Zoning Resolution;

3. The time and place where the text and map of the proposed plan will be available for examination for a period of at least ten days prior to the public hearing;

4. The name of the person responsible for giving notice of the public hearing by publication;

5. A statement that after conclusion of such hearing the matter will be submitted to the Board of Township Trustees for its action;

6. Any other information requested by the Zoning Commission.

Within five days after the filing of such plan, the Township Zoning Commission shall transmit a copy thereof together with text and map pertaining thereto to the Erie Regional Planning Commission.

The Erie Regional Planning Commission shall recommend the approval of denial of the proposed plan or the approval of some modification thereof and shall submit such recommendation to the Township Zoning Commission. Such recommendation shall be considered at the public hearing held by the Township Zoning Commission on such proposed plan.

The Township Zoning Commission shall, within thirty days after such hearing, recommend the approval or denial of the proposed plan, or the approval of some modification thereof and submit such recommendation together with such application, the text and map pertaining thereto and the recommendation of the Regional Planning Commission thereon to the Board of Township Trustees.

The Board of Township Trustees shall, upon receipt of such recommendation, set a time for a public hearing on such proposed plan, which date shall not be more than thirty days from the date of the receipt of such recommendation from the Township Zoning Commission. Notice of such public hearing shall be given by the board by one publication in one or more newspapers of general circulation in the township, at least ten days before the date of such hearing.

If the proposed amendment intends to rezone or redistrict ten or fewer parcels of land as listed on the County Auditor’s current tax list, the published notice shall set forth the time, date and place of the public hearing and shall include all of the following:

1. The name of the board that will be conducting the public hearing;

2. A statement indicating that the application is an amendment to the Zoning Resolution;

3. A list of the addresses of all properties to be rezoned or redistricted by the proposed plan and of the names of owners of these properties, as they appear on the County Auditor’s current tax list;

4. The present zoning classification of property named in the proposed plan and a statement that it is proposed to be rezoned to the Planned Unit Development district (PUD);

5. The time and place where the plan proposing to amend the Zoning Resolution will be available for examination for a period of at least ten days prior to the public hearing;

6. The name of the person responsible for giving notice of the public hearing by publication or by mail or by both publication and mail;

7. Any other information requested by the board.

If the proposed amendment rezones or redistricts more than ten parcels of land as listed on the County Auditor’s current tax list, the published notice shall set forth the time, date and place of the public hearing and shall include all of the following:

1. The name of the board that will be conducting the public hearing on the proposed amendment;

2. A statement indicating that the plan is an amendment to the Zoning Resolution;

3. The time and place where the text and maps of the proposed plan will be available for examination for a period of at least ten days prior to the public hearing;

4. The name of the person responsible for giving notice of the public hearing by publication;

5. Any other information requested by the board.

Within twenty days after such public hearing, the board shall either adopt or deny the recommendations of the Zoning Commission or adopt some modifications thereof. In the event the board denies or modifies the recommendation of the Township Zoning Commission, the unanimous vote of the board shall be required.

Such amendment adopted by the board shall become effective in thirty days after the date of such adoption unless within thirty days after the approval of the plan there is presented to the Board of Township Trustees a petition, signed by a number of registered electors residing in the unincorporated area of the township or part thereof included in the zoning plan equal to not less than eight percent of the total vote cast for all candidates for governor in such area at the last preceding general election at which a governor was elected, requesting the Board of Township Trustees to submit the plan to the electors of such area for approval or rejection at a special election to be held on the day of such next primary or general election. Each part of this petition shall contain the number and the full and correct title, if any, of the zoning plan furnishing the name by which the plan is known and a brief summary of its contents. In addition to meeting the requirements of this section, each petition shall be governed by the rules specified in Section 3501.38 of the Revised Code.

The petition shall be filed, accompanied by an appropriate map of the area affected by the zoning proposal, with the Board of Township Trustees, which shall then transmit the petition within two weeks of its receipt to the Board of Elections, which shall determine the sufficiency and validity of the petition. The petition shall be certified to the Board of Elections not less than seventy-five days prior to the election at which the question is to be voted upon.

No plan for which such referendum vote has been requested shall be put into effect unless a majority of the vote cast on the issue is in favor of the plan. Upon certification by the Board of Elections that the amendment has been approved by the voters it shall take immediate effect.

20.19 Submission of Final Development Plan

After approval of the preliminary development plan in accordance with Section 22.18, the developer shall submit a final development plan to the Zoning Inspector. The final development plan shall be in general conformance with the preliminary development plan. Eight (8) copies of the final development plan shall be submitted to the Zoning Inspector. Seven (7) copies shall be forwarded to the Erie Regional Planning Commission for their review and comments. Copies will be forwarded from the Director of Regional Planning to the applicable agencies for comments.

20.20 Final Development Plan Application Contents

An application for approval of the final development plan shall be filed with the Zoning Inspector by at least one owner of property for which the Planned Unit Development is proposed. Each application shall be signed by the owner, attesting to the truth and exactness of all information supplied on the application for the final development plan. Each application shall clearly state that the approval shall expire and may be revoked if construction on the project has not begun within two years form the date of issuance of the approval. At a minimum, the application shall contain the following information:

1. A survey of the proposed development site, showing the dimensions and bearing of the property lines; area in acres; topography, and existing features of the development site, including major wooded acres, structures, streets, easements, utility lines and land uses.

2. All the information required on the preliminary development plan; the location and sizes of lots; location and proposed density of dwelling units; non-residential building intensity; and land uses considered suitable for adjacent properties.

3. A schedule for the development of units to be constructed in progression and a description of the design principles for buildings and streetscapes; a tabulation of the number of acres in the proposed project for various uses, the number of housing units proposed by type; estimated non-residential population; anticipated construction timing for each unit; and standards for height, open space, building density, parking areas, population density and public improvement, whenever the applicant proposed any exception from standard zoning district requirements or other resolutions governing development.

4. Engineering feasibility studies and plans showing as necessary, water, sewer, drainage, electricity, telephone and natural gas installations; waste disposal facilities; street improvement; and the nature and extent of earth work required for site preparation and development. The utility plans must be according to the county standards and approved by the County Engineer and the County Sanitary Engineer.

5. Site plan, showing building(s), various functional use areas, circulation and their relationship.

6. Preliminary building plans.

7. Landscaping plans.

8. Deed restrictions, protective covenants and other legal statements or devices to be used to control the use, development and maintenance of the land and the improvements thereon, including those areas which are to be commonly owned and maintained.

9. A fee as established by this resolution.

20.21 Active By Township Trustee

The Trustees shall either approve, approve with supplementary conditions, or disapprove the final plan as submitted. If the application is approved as submitted or approved with conditions, the Trustees shall direct the Zoning Inspector to issue zoning permits in accordance with the approved plan and any conditions thereto attached. The final development plan shall further be considered as an integral part of the rezoning amendment and no change from or substantive alteration in such Planned Unit Development shall be permitted without repetition of the procedures in these sections.

20.22 Supplementary Conditions and Safeguards

In approving any Planned Unit Development application, the Trustees may prescribe appropriate conditions and safeguards in conformity with this resolution. Any violation of such conditions or safeguards, which have been made a part of the terms under which the final development plan has been approved, shall constitute a violation of this resolution and punishable as such.

20.23 Expiration and Extension of Approval Period

The approval of a final development plan for a Planned Unit Development district shall be for a period not to exceed five (5) years to allow for preparation and recording of the required subdivision plat and development of the project. If no construction has begun within two (2) years after approval is granted, the approved final development plan shall be void. An extension of the time limit or modification of the approved final development plan may be approved if the trustees find that such extension is not in conflict with the public interest. No zoning amendment passed during the time period granted for the final approved final development plan shall in any way affect the terms under which approval of the Planned Unit Development was granted.

20.24 Changes in the Planned Unit Development

A Planned Unit Development shall be developed only according to the approved and recorded final plan and all support data. The recorded final plan and supporting data, together with all recorded amendment shall be binding on the applicants, their successors, grantees and assigns and shall limit and control the uses of premises (including the internal use of buildings and structures) and location of structures in the Planned Unit Development, as set forth therein.

1. Major Changes. Changes which alter the concept or intent of the Planned Unit Development including increases in the density, changes in location and types of non-residential land use, increases in the height of buildings, reductions or proposed open space, more than a fifteen percent modification in proportion of housing types, changes in road standards or alignment, utilities, water, electricity and drainage, or changes in the final governing agreements, provisions or covenants, may be approved only by submission of a new preliminary plan and supporting data and following the “preliminary approval” steps and subsequent amendment of the final Planned Unit Development Plan.

2. Minor Changes. The Zoning Inspector may approve changes in the Planned Unit Development which do not change the concept or intent of the development, without going through the “preliminary approval” steps. Minor changes are defined as any changes not defined as a major change.