701, 702, 703, 704

• The governing body of each municipality may enact, amend, and repeal provisions for planned residential development (PRD)
• PRD provisions are enacted within a zoning ordinance as an amendment in accord with Article VI
• The governing body has authority to approve, modify, or disapprove PRD development plans or may delegate such authority to the planning agency
• County PRD provisions shall not supercede municipal PRD, zoning, or S&LD ordinances; however, applications for municipal PRD tentative approval must be referred to the county planning agency for a review period of up to 30 days
• PRD provisions are designed to encourage innovation and variety in development, provide better opportunities for housing, recreation, and open space, and better relate development design to the particular site
• PRD provisions and consideration of applications for a PRD shall be based on the comprehensive plan or statement of community development objectives

702.1, 705

• PRD provisions shall:
• Set forth uses permitted in a PRD
• Establish standards for density or intensity of uses
• Set forth standards and criteria by which design, bulk, and location of buildings may be evaluated
• Require applicants to present evidence of a bonafide public water provider if not using on-lot wells
• PRD provisions may:
• Regulate the timing of various types of development
• Establish standards encouraging flexibility of housing densities, design, and types for a PRD to be developed over a period of years
• Require set aside of common open space as specified further in Section 705(f)
• Require a PRD to have a minimum number of dwelling units
• Provide for transferable development rights

706

• All provisions of a PRD plan may be enforced at law or equity by the residents of the PRD; residents may modify their rights to enforce said provisions – details in 706
• Provisions of a PRD plan relating to use, bulk, location of buildings, density, and open space are enforceable in law or in equity or may be modified by the municipality – details in 706

707, 708, 709, 711

• Tentative approval of PRD plan:
• Landowner or agent shall file application, upon payment of a reasonable fee, containing detailed information specified in Section 707
• Within 60 days of filing, the governing body, or planning agency if so designated, shall hold a public hearing pursuant to public notice and may continue the hearing or refer the plan to the planning agency for a period no longer than 60 days after first hearing
• Within sooner of 60 days after conclusion of public hearing or 180 days after filing, the governing body, or planning agency if so designated, shall in writing approve, approve with conditions, or deny PRD plan and provide findings of fact as specified in 709(b); failure to act timely results in deemed approval
• Final approval of a PRD plan:
• Application for final approval including drawings and other information is submitted to municipality
• If final plan complies with tentative approval, no public hearing shall be required and approval shall be granted within times specified in 711(b)
• If final plan varies from tentative approval, the municipality may refuse to grant approval within times specified in 711(c); landowner may either refile the plan without objected variations or request a public hearing pursuant to public notice to be held within 30 days of the request; decision within 30 days of the hearing shall be in form and contain findings as specified for a tentative plan; failure to act timely results in deemed approval

710, 711

• Upon tentative approval, the PRD is deemed an amendment to the zoning map, but is not qualified for recording or issuance of building permits
• Upon final approval, the PRD plan shall be so certified by the municipal approving body and shall be filed in the county recorder’s office
• Upon recording, zoning and subdivision regulations otherwise applicable to the land in the PRD plan shall cease to apply thereto

712.1, 712.2

• The municipality may commence a civil enforcement proceeding against any person, partnership, or corporation for violation of the PRD provisions
• If found liable, the violator shall pay a judgment of not more than $500 plus court costs and municipal attorney fees
• Failure to pay or appeal the judgment entitles the municipality to further enforcement proceedings specified in Section 712.2
• District justices have initial jurisdiction in enforcement proceedings