General requirements

A. The following requirements shall apply to both the PD and MUPD Zones:

(1) No accessory structure, swimming pool and/or tennis court shall be located in any part of the required front and side setbacks.
(2) Proposals for planned developments and mixed use planned developments are required to follow review procedure spelled out in Chapter A263, Development and Subdivision Review Regulations.
(3) Planned developments and mixed use planned developments are required to participate in any impact program required for such uses.
(4) All such developments shall be serviced by Town sewer and public water.
(5) All such developments shall be oriented to the Town's principal arterials.
(6) All roads within a PD and MUPD shall be constructed to the Town's standards and may be dedicated as public streets.

(7) The total number of residential dwelling units to be permitted shall be computed by using the following formula:

D = (GA – NA)/UZ
	D	=	Density (maximum number of residential units, this number shall be rounded to the nearest whole number to establish the total number of allowed units in this development)
	GA	=	Gross acreage (gross area of the proposed development in acres and tenths of acres)
	NA	=	Not Allowed (the area, in acres and tenths of acres, of all wetlands or other natural areas protected under this chapter; all wetland areas shall be defined by the Department of Environmental Management; the NA total shall include the total land area allowed for streets)
	UZ	=	Underlying Zone (gross development density in units per acre permitted in the underlying zoning district)

(8) A minimum of 30% common open space shall be provided. Common open space shall comply with the following criteria:
- (a) Wetland areas, as delineated by the state, shall not be counted toward the 30% required open space. Perimeter wetlands may be included to meet this requirement;
- (b) Up to 20% of the common open space may be devoted to paved areas or structures used to provide recreational or cultural facilities for residents of the development, consistent with the intended use of the common open space and approved by the Planning Board;
- (c) The location, size and shape of common open space shall be reviewed and approved by the Planning Board. Strips of common open space are not permitted unless they provide access to a larger portion of common open space, serve as natural drainage areas, or serve as buffers;
- (d) Access to common open space shall be provided to every owner of the common open space; access points shall be marked by stone bounds to distinguish between the edge of the access and private property;
- (e) Land which has suffered environmental damage, either on the surface or below the surface, prior to the final approval of the planned development by the Planning Board, shall not be counted toward common open space requirements; should the land be restored to a condition acceptable to the Planning Board, this condition may be waived;
- (f) The developer shall provide for the permanent preservation and maintenance of the common open space by, at the option of the Planning Board, either conveying the same to the Town for use by it for park, open space, agricultural or other specified use or uses, or by conveying the same to a nonprofit organization the principal purpose of which is the conservation of open space, or by conveying the same to a corporation or trust owned or to be owned by the owners of the units within the planned development. If such a corporation or trust is used, ownership shall pass with conveyance of the lots or units. In any case, where the land is not conveyed to the Town, a restriction enforceable by the Town shall be recorded providing that the land shall be kept in the authorized condition and not be built upon or developed for accessory uses such as parking or roadway.

B. The following requirements shall apply to the Planned Development District:
- (1) The density within the development shall not exceed that otherwise permitted in the underlying district.
C. The following requirements shall apply to the Mixed Use Planned Development District:
- (1) A maximum of six units may be permitted per acre, provided at least 10% of the total residential units within the development are affordable, based on HUD guidelines. Density shall be determined based on the land used for residential purposes.
- (2) Assisted living facility.
  - (a) Except for the development of an assisted living facility together with any complementary or accessory use consistent with this section, but excluding any additional commercial development on site, the district shall apply only to parcels where both residential and commercial development are provided. Total commercial development shall not constitute greater than 50% and less than 25% of the total gross floor area of the development overall.
  - (b) The maximum to number of units to be permitted in an assisted living development shall not exceed one bedroom, or other space designed or allocated for sleeping purposes such as a studio or efficiency apartment, for each 4,000 square feet of land area for the given site.
  - (c) The Town Council may permit the density of an assisted living development to be increased to one bedroom, or other space designed or allocated for sleeping purposes such as a studio or efficiency apartment, for each 2,700 square feet of land area when it is determined that the increase will serve the public welfare by the inclusion of an increase of the following amenities:
    - [1] An increase in internal space for the purposes of recreation, art and education or other enrichment purposes compatible with the intended occupancy;
    - [2] An increase in open space for garden plots or passive recreation for the intended occupants or the dedication of open space for general public use; and
    - [3] Provision of increased landscaping within the setbacks and around the buildings and parking areas.