9-11-3 RESIDENTIAL PLANNED DEVELOPMENT (RPD)

A. Purpose: The purpose of the Residential Planned Development (RPD) is to encourage development patterns within residential zones which preserve treed open space, parks, and trails through clustering concepts. Additionally, the RPD encourages underground parking and optimal placement of development on the parcel. In order to encourage such development, the RPD allows for flexibility from zoning standards and other than use and density. (amd. ord. 15-018, 12-8-2015) B. Review Process: Residential Planned Developments (RPD) shall be reviewed and approved under the same Land Use Authority provisions as the subdivision process. (amd. ord. 15-018, 12-8-2015) C. Standards For Review: 1. The applicant shall demonstrate the following: a. The planned development is consistent with the Town’s General Plan. (amd. ord. 15-018, 12-8-2015) b. The proposed development is in a residential zone and the proposed uses are consistent with the underlying zone. (amd. ord. 15-018, 12-8-2015) c. The arrangements of structures and open spaces will not adversely affect adjacent properties. (For example, where deemed necessary by the Land Use Authority, the lowest height and least intensity of buildings and uses shall be arranged around the boundaries of the development). d. The development shall be in a single ownership at the time of application or filed jointly by all owners of the property. (amd. ord. 15-018, 12-8-2015) e. The proponents of the RPD have demonstrated to the satisfaction of the Land Use Authority that an organizational structure and financial plan is established for construction, phasing, and maintenance (including HOA responsibilities and budget projection for ten (10) years to ensure sustainability of the project. f. Minimum landscape requirements identified in chapter 7 of this title shall be increased by an additional ten percent (10%) of the area of the parcel, and application shall include a detailed landscape plan. No departure from the approved landscape plan will be allowed during construction without prior consent of the Land Use Authority. (amd. ord. 15-018, 12-8-2015) g. The landscape plan shall preserve a minimum of fifty percent (50%) of existing trees within the required landscape area. (amd. ord. 15-018, 12-8-2015) h. Easements are created to establish and maintain the continuity of existing and planned trails and ski ways with ownership and maintenance being the responsibility of the approved organizational structure, unless specifically accepted by the Town. i. The development is planned as a single project (with possible phasing) with continuity of building design, theme and uses (including homeowners association (HOA) responsibilities and budget projection pursuant to State Code) to ensure sustainability of the project. (amd. ord. 15-018, 12-8-2015) j. Recreational or park elements such as a picnic area are encouraged and will count towards the landscaped area requirement. (amd. ord. 15-018, 12-8-2015) k. The majority of the required parking shall be underground or garaged and shall be considered part of the buildable area. (amd. ord. 15-018, 12-8-2015) (amd. ord. 24-014, 10-8-24) 2. In cases where the applicant requests a waiver or flexibility from the zoning standards (excluding use and density, which may not be waived) they shall demonstrate the following: a. Any request to modify physical restrictions identified in chapter 7 of this title shall be submitted for approval by the Land Use Authority. (amd. ord. 24-014, 10-8-24) b. Special consideration has been given to preserving natural vegetation, land formations and topography. (amd. ord. 15-018, 12-8-2015) D. Appeals: A final decision of the Land Use Authority may be appealed to the Appeal Authority following the procedures of subsection 9-3-2-H of this title but must be filed within ten (10) regular business days of the decision. (Ord. 08-016, 8-12-2008)