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wise be allowed. By allowing a bonus, the community can require a greater percentage of the tract
<br />as common open space. Theoretically, communities can choose to allow any residential type (or
<br />combination of types) on a parcel in the cluster plan—single-family houses, attached houses, town
<br />houses, garden apartments, or high rises. As a practical matter, however, cluster subdivisions are
<br />developed mostly for single-family homes on individual lots.
<br />Mixed Uses. PUD builds on the simple residential cluster idea by allowing nonresidential uses, often
<br />at higher densities. Retail and service establishments, restaurants, schools, libraries, churches,
<br />recreation facilities, offices, and even industrial uses can be included in PUDs. Downtown or village
<br />center development with apartments above shops and live -work arrangements are also possible.
<br />The extreme case is the master planned community, which usually involves substantial acreage and
<br />combines employment, office, retail, and entertainment centers with associated self-contained
<br />neighborhoods. This can include diverse housing types as well as retail, entertainment and
<br />office centers.
<br />WHICH ORDINANCE, WHICH AGENCY?
<br />Individual state planning statutes control how communities handle the deliberative process
<br />leading to a decision about a PUD. In most states a PUD provision can be made part of the zoning
<br />ordinance or it may be written as a stand-alone ordinance. In either case, the decision to approve,
<br />approve with conditions, or disapprove a PUD falls to the legislative branch of local government.
<br />Some communities permit a PUD through a discretionary review process, such as a conditional or
<br />special use permit. These permits can be approved by the legislative body, planning commission,
<br />or board of adjustment, depending on the state enabling legislation and local policies. Some
<br />communities provide for the administrative approval of mixed use developments that normally
<br />require a discretionary PUD process.
<br />The zoning ordinance is the most appropriate place to locate planned unit development regulations.
<br />Basic legislative decisions on use and density are normally the responsibility of the legislative body.
<br />Street design and infrastructure could also be resolved through PUD approval, though these
<br />considerations are normally built into a unified development ordinance. Decisions about plan details
<br />can be left to the planning board or commission and planning staff.
<br />ZONING FOR PUD
<br />Communities face a number of questions when deciding how to fit planned unit development
<br />regulations into their zoning ordinances. One alternative is to provide for planned unit development
<br />as -of -right. Under this guideline the ordinance would specify the requirements for a planned unit
<br />development, and discretionary review and approval procedures would not be necessary.
<br />Stand-alone PUD ordinances are now fairly common. Although there are variations, a typical
<br />ordinance will include a purpose clause; a statement of the type or types of PUD that are
<br />authorized; zoning procedures; and standards for approval. The ordinance may contain definitions.
<br />CONSISTENCY WITH THE COMPREHENSIVE PLAN
<br />Consistency with the comprehensive plan should be required, especially if the PUD has a major effect
<br />on growth and development in the community and on public facilities. This will be true of master
<br />planned communities. Many statutes now require zoning to be consistent with a comprehensive
<br />plan, and consistency can be required by ordinance even if there is no statutory mandate. ❑
<br />PAS QuickNotes is a publication of the American Planning Association's Planning Advisory Service (PAS). Copyright ©2009.
<br />Visit PAS online at wwwplanning.org/pas to find out how PAS can work foryou. American Planning Association staff:
<br />W. Paul Farmer, FAicP Executive Director and CEQ; William R. Klein, AicP Director of Research and Advisory Services;
<br />TreJerdon, QuickNotes Editor, Tim Men nel, Senior Editor, Julie Von Bergen, Assistant Editor, Susan Deegan,
<br />Senior Graphic Designer.
<br />A Publication of the American Planning Association I PAS QuickNotes No. 22
<br />REFERENCES
<br />1. Published by American
<br />Planning Association
<br />Mandelker, Daniel R. 2007. Planned Unit
<br />Developments. Planning Advisory Service
<br />Report no. 545. Chicago: American
<br />Planning Association.
<br />Mandelker, Daniel R. 2007."Planned Unit
<br />Developments and Master Planned
<br />Communities: Review and Approval
<br />Process°Zoning Practice, March.
<br />2. Other Resources
<br />American Planning Association. 2006.
<br />"Legal Foundations: Planned Unit
<br />Development" Pp. 599-601 in Part 6:
<br />Implementation Techniques, in Planning
<br />and Urban Design Standards. Hoboken,
<br />NJ.:John Wiley and Sons.
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