§ 58-23. Planned residential developments.

(a)

Planned residential developments (PRDs) are allowed as conditional zoning districts in the R-CD, R-80, R-60 and R-40 zoning districts. PRDs are established in order to provide a residential development at low densities consistent with suitability of the land and the rural character of the town. In order to encourage high quality design and innovative arrangement of buildings, these districts provide flexibility from the conventional use and dimensional requirements of the general districts. Unlike other developments in the town, a PRD may be allowed to have private streets that are not owned and maintained by the state department of transportation (DOT). In addition, a PRD may be a gated community where a gate is placed at the outer periphery of the development in order to restrict access. All PRDs must be developed in accordance with the regulations of this section, other applicable regulations of this chapter, and chapter 46.

(b)

The town council may approve a PRD for any new development proposed in the town. Existing developments in the town shall not be considered as PRDs and are not subject to any PRD regulation.

(1)

Uses permitted in a PRD and minimum lot and setback requirements for such uses in a PRD shall be as allowed in the underlying zoning district.

(2)

As PRDs are conditional zoning districts, a conditional zoning application must first be approved by the town council in accordance with section 58-271. Once conditional zoning is approved, the developer shall comply with all applicable procedures of chapter 46.

(3)

The design and layout of any gatehouse, external fence, walls and berms that serve the entire PRD and other amenities to the PRD that are visible from any public street shall be included with the conditional use permit application. All such facilities shall be located outside any public street right-of-way and shall be designed to blend in, to the greatest degree feasible, with the proposed development and shall be attractive to motorists and pedestrians from adjoining public streets.

(4)

With the exception of the placement of the gate and/or guardhouse in a private street, any road built within a PRD shall be built to state standards and shall meet all applicable minimum right-of-way, pavement, and construction standards for public roads as established by the state department of transportation. A certified engineer shall verify that all roads within the PRD conform to all required state department of transportation standards for roadway and storm drainage design. The NCDOT Built-To Standards Checklist (available at town hall upon request) will be required to be submitted to the town zoning staff for review and approval. The town reserves the right to have streets inspected during the construction phase to insure that they are being built in accordance with all applicable state DOT standards. The PRD developer of the subdivision shall bear all costs borne by the town in association with such inspections.

(5)

Before the approval of a final plat for a PRD, the developer shall submit to the town evidence that the developer has created a homeowners' association whose responsibility it will be to maintain common areas and private streets within the PRD. Such evidence shall include filed copies of the articles of incorporation, declarations and homeowners' association bylaws.

(6)

The maintenance and upkeep of any guardhouses or entry structures, and subdivision walls, fences or berms located at the external periphery of the PRD, as well as the maintenance and upkeep of any private streets in the PRD, shall be the sole responsibility of the developer and/or any duly incorporated and active homeowners' association. Accordingly, any bond accepted by the town per subsection 46-49(b) for a PRD subdivision shall be calculated using the construction costs of all such facilities (in addition to the cost of streets as provided in subsection 46-49(b)) and shall remain in place until the town council is satisfied (in its own exclusive discretion) that the homeowners' association is controlled by individual lot owners other than the developer (which generally the town council shall not deem to have occurred until one year, at a minimum, after a homeowners' association is incorporated and active) and has made necessary assessments for, and has otherwise taken over the full responsibility of, maintaining and repairing such streets and facilities. The decision to release such bonds shall rest entirely within the town council's discretion and shall be made based upon the homeowners' association's financial ability to properly maintain and repair these streets and facilities. After the bond is released by the town council, the homeowners' association shall be required to submit to the town, by January 15 of each calendar year, the names, addresses and telephone numbers of all duly elected members of its board of directors as well as a copy of its annual financial statements showing, at a minimum, the amount of funds budgeted to maintain such streets and facilities. In the event the town council, in its discretion, believes the homeowners' association is not adequately maintaining or repairing the streets or facilities or is not making assessments necessary to cover the cost of said maintenance or repairs, it may, after holding a hearing, require the homeowners' association to provide a bond as required in subsection 46-49(b). The hearing described above, shall be duly noticed by publication as provided in this chapter and by mailing notice of the hearing to at least one officer (according to the most recent list of officers the town has received) of the homeowners' association or to the homeowners' association's registered agent at least ten days before the hearing. The homeowners' association's bond may be eliminated, modified, or reinstated at the discretion of the town council after a hearing notice as described above.

(7)

Subdivisions which have an entrance gate are subject to the following regulations: The homeowner's association will provide the access code to the gate and an emergency contact number to the fire department, the Union County Sheriff and other emergency services and will be responsible for maintenance, testing and repairs of all functions of the gate. An annual inspection and test of the gate system shall be performed and the results submitted to town hall during the renewal window prescribed in the Town of Weddington Annual Enforcement Manual. Should there be a problem with the operation of the entrance gate, the gate shall remain open and accessible until the gate is repaired and tested. Any homeowner's association that is found to be in violation shall be required to maintain a service agreement with a qualified contractor to ensure year-round maintenance and to submit a copy of the service agreement to town hall.

(Ord. No. 87-04-08, § 4.16, 4-8-1987; Ord. No. O-2005-12, 12-12-2005; Ord. No. O-2009-05, 7-13-2009; Ord. No. O-2011-12, 9-12-2011; Ord. No. O-2013-13, 12-9-2013; Ord. No. O-2015-15, 11-9-2015)