Planned Unit Developments (PUDs) represent a flexible and innovative approach to land development, aimed at achieving a harmonious integration of various land uses within a designated area.
The most important first step to setting up a PUD process is establishing an ordinance and ensuring your Planning Commission and Governing Board are adequately trained. Local Government Law PLLC is here to help.
Here’s a summary of the key provisions of the PUD process:
A. Definition and Scope: PUDs encompass a range of zoning requirements, including cluster housing, planned residential and nonresidential development, and community unit plans. These developments aim to align with the objectives of a comprehensive plan and zoning ordinance, fostering integration with the project area’s characteristics through site planning criteria.
B. Objectives and Flexibility: Municipal governing bodies are empowered to establish PUD requirements and procedures within zoning ordinances. These provisions aim to encourage innovation in land use, design, and layout while promoting efficiency in land and resource utilization. By permitting flexibility in regulation, PUDs seek to enhance open space, housing options, and economic opportunities tailored to local needs.
C. Regulatory Framework: Within designated PUDs, land use conditions, such as permitted uses, setbacks, and open space requirements, are determined in accordance with PUD regulations specified in zoning ordinances. These regulations need not be uniform across all land uses but must adhere to equitable procedures, ensuring fairness and avoiding arbitrary decisions.
D. Specification of Regulations: Municipalities are mandated to specify the bodies responsible for reviewing and approving PUD requests, along with the conditions for eligibility and the procedures for application, review, and approval.
E. Public Participation and Hearings: Public participation is integral to the PUD approval process, with at least one public hearing mandated following the receipt of a request. The ordinance may also provide for preapplication conferences and the submission of preliminary site plans before the public hearing. Notification of hearings follows prescribed procedures, ensuring transparency and community involvement.
F. Phased Approvals: Final approvals for multiphased PUDs may be granted for each phase, provided they adequately consider environmental factors and the well-being of users and adjacent landowners.
G. Incorporation of Regulations: Municipal governing bodies have the discretion to incorporate relevant ordinances or statutes regulating land development into PUD regulations. These regulations should foster complementary relationships between zoning regulations and other land development requirements.
Overall, PUDs offer municipalities a versatile tool for promoting sustainable and harmonious development, catering to evolving community needs while ensuring adherence to regulatory standards and public engagement.
If you want to explore the law, here are a few links to the applicable statutes.
§ 43-110. Planned Unit Developments
§ 43-111. Authority for Consideration and Approval of Planned Unit Developments
If your local government needs assistance in exploring implementing PUD’s into your community don’t hesitate and reach out today!