A. As used in this section, "planned unit development" includes cluster housing, planned residential and nonresidential development, community unit plan, and other zoning requirements which are designed to accomplish the objectives of a comprehensive plan and zoning ordinance through a land development project review process based on the application of site planning criteria to achieve integration of the proposed land development project with the characteristics of the project area.

B. A municipal governing body may establish planned unit development requirements and procedures in a zoning ordinance which permit flexibility in the regulation of land development; encourage innovation in land use and variety in design, layout and type of structures constructed; achieve efficiency in the use of land, natural resources, energy and the providing of public services and utilities; encourage useful open space; and provide better housing, employment and shopping opportunities particularly suited to the needs of the residents of the state. The review and approval of a planned unit development shall be made by either the planning commission or the governing body.

C. Within a designated planned unit development, conditions relating to the use of land, including but not limited to, permitted uses, lot sizes, setbacks, height limits, required facilities, buffers, open space areas, lighting, signage, landscaping, parking and loading, compatibility, and land use density shall be determined in accordance with the planned unit development regulations specified in the zoning ordinance. The planned unit development conditions need not be uniform with regard to each type of land use if equitable procedures recognizing due process principles and avoiding arbitrary decisions have been followed in making regulatory decisions.

D. The planned unit development regulations established by a municipality shall specify the following:

1. The body which shall review and approve planned unit development requests and amend the same;

2. The conditions which create planned unit development eligibility, the persons and agencies involved in the review process, if any, and the requirements and standards upon which applications will be reviewed and approval granted; and

3. The procedures required for application, review and approval.

E. Following receipt of a request for a planned unit development, at least one public hearing shall be held. An ordinance may provide for one or more preapplication conferences before submission of a planned unit development request, and the submission of preliminary site plans before the public hearing. Notification of the public hearing shall be given by mail in the same manner as required by Section 43-106 of this title for public hearings on proposed zoning changes. In addition, a municipality may require notice by posting and/or publication. Within a reasonable time following the public hearing, the body responsible for approving planned unit developments shall deny the request, approve the request, or approve the request with conditions.

1. Should the ordinance require that the municipal governing body amend the ordinance to act on the planned unit development request, the planning commission shall conduct the public hearing and make recommendations on the planned unit development request which shall be transmitted to the municipal governing body for consideration in making a final decision. If an amendment of a zoning ordinance is required by the planned unit development regulations of a municipal zoning ordinance, the requirements of this act for amendment of a zoning ordinance shall be followed.

2. If the planned unit development regulations of a municipal zoning ordinance do not require amendment of the ordinance to authorize a planned unit development, the body charged in the zoning ordinance with review and approval of planned unit developments may approve, approve with conditions, or deny a request.

F. Final approvals may be granted on each phase of multiphased planned unit developments if each phase contains the necessary consideration of the natural environment and the health, safety, and welfare of the users of the planned unit development and the landowners immediately adjacent thereto.

G. In establishing planned unit development regulations, a municipal governing body may incorporate by reference other available and applicable ordinances or statutes which regulate land development. The planned unit development regulations contained in zoning ordinances shall encourage complementary relationships between zoning regulations and other requirements affecting the development of land.

Added by Laws 1990, c. 215, § 1, emerg. eff. May 18, 1990.