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Alaska State Statutes Village Definition

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					             Planned Unit Development: State Enabling Statutes
     State               Statute                                   Summary
Alabama          N/A                        No statute specifically referring to PUDs.


                                            Alaska State law requires that home rule, first and second
                                            class boroughs, unified municipalities, and first class and
                                            home rule cities outside of boroughs provide planning,
Alaska           N/A
                                            platting and land use regulation. All other classes of
                                            municipalities may, but are not required to, exercise these
                                            powers.


                 Arizona Revised Statutes
Arizona                                     Enabling statutes for counties and municipalities.
                 Sec. 9-1201 & 11-1201

                 Arkansas Code              Zoning ordinances may provide for large scale unified
Arkansas
                 Sec. 14-56-416[a][3][C]    development.

                                            Several references in statutes indicating various
California       N/A                        provisions of local control. No specific state-wide
                                            governing statute.


                                           Extensive state legislation. PUD Act of 1992 enables
                                           counties and municipalities to authorize PUDs. Provisions
                 Colorado Revised Statutes
Colorado                                   apply to home-rule municipalities unless superseded by
                 Sec. 24-67-101 et seq.
                                           ordinance; Municipalities with previously enacted
                                           provisions may continue employing same exclusively.
                                          Zoning ordinances may provide for "cluster"
                                          development, defined as a building pattern concentrating
              Connecticut Gen. Statutes
Connecticut                               units on a particular portion of a parcel so that at least 1/3
              Sec. 8-2
                                          remains open. Repealed much more extensive PUD
                                          statutes in 1985.

Delaware      N/A                         No statute specifically referring to PUDs.


                                          Enabling statute. This section shall be construed to
                                          encourage the use of innovative land development
                                          regulations which include provisions such as transfer of
                                          development rights, incentive and inclusionary zoning,
                                          planned-unit development, impact fees, and performance
              Florida Statutes
Florida                                   zoning. These and all other such regulations shall be
              Sec. 163.3202
                                          combined and compiled into a single land development
                                          code for the jurisdiction. A general zoning code shall not
                                          be required if a local government's adopted land
                                          development regulations meet the requirements of this
                                          section.
                                          section


Georgia       N/A                         No statute specifically referring to PUDs.

Hawaii        N/A                         No statute specifically referring to PUDs.

                                          Enabling statute. As part of or separate from the zoning
                                          ordinance, each governing board may provide, by
                                          ordinance … for the processing of applications for
                                          planned unit development permits. Defined as an area of
                                          land in which a variety of residential, commercial,
                                          industrial, and other land uses are provided for under
              Idaho Code
Idaho                                     single ownership or control. Planned unit development
              Sec. 67-6515
                                          ordinances may include, but are not limited to,
                                          requirements for minimum area, permitted uses,
                                          ownership, common open space, utilities, density,
                                          arrangements of land uses on a site, and permit
                                          processing.



                                          Enabling statute. Allows corporate authorities to provide
Illinois      65 ILCS 5/11-13-1.1         for special uses, including PUDs. Sets forth notice and
                                          approval procedures.
                                        Enabling statute. States specifically what must be
            Indiana Code
Indiana                                 contained within PUD ordinances, as well as procedures
            Sec. 36-7-4-1509 to 1513
                                        for approval.

Iowa        N/A                         No statute specifically referring to PUDs.

            Kansas Statutes             Enabling statute. One sentence. Enacted extensive PUD
Kansas
            Sec. 12-755                 legislation in 1969; Repealed 1991.


                                      Enabling statute. Cities and counties may enact zoning
                                      regulations which shall contain … districts of special
                                      interest to the proper development of the community,
            Kentucky Revised Statutes including, but not limited to, exclusive use districts,
Kentucky
            Sec. 100.203(1)(e)        historical districts, planned business districts, planned
                                      industrial districts, renewal, rehabilitation, and
                                      conservation districts; planned neighborhood and group
                                      housing districts.

Louisiana   N/A                         No statute specifically referring to PUDs.

Maine       N/A                         No statute specifically referring to PUDs.

            Maryland Code
Maryland                                Enabling statute.
            Art. 66B, Sec. 10.01
                                          Enabling statute. Zoning ordinances or by-laws may also
                                          provide that cluster developments or planned unit
                                          developments shall be permitted upon the issuance of a
                                          special permit … "Planned unit development" means a
                                          mixed use development on a plot of land containing a
                                          minimum of the lesser of sixty thousand square feet or
                                          five times the minimum lot size of the zoning district, but
                                          of such larger size as an ordinance or by-law may specify,
                Massachusetts Gen. Laws
Massachusetts                             in which a mixture of residential, open space,
                Chapter 40A, Sec. 9
                                          commercial, industrial or other uses and a variety of
                                          building types are determined to be sufficiently
                                          advantageous to render it appropriate to grant special
                                          permission to depart from the normal requirements of the
                                          district to the extent authorized by the ordinance or by-
                                          law. Such open space, if any, may be situated to promote
                                          and protect maximum solar access within the
                                          development.

                                          Extensive state legislation. The procedures and
                                          requirements f the submission and approval of site
                                               i        for h      b i i        d         l f i
                                          plans shall be specified in the zoning ordinance. Site plan
                                          submission, review, and approval shall be required for
                                          special land uses and planned unit developments …
                                          "planned unit development" includes such terms as
                Michigan Compiled Laws    cluster zoning, planned development, community unit
Michigan
                Sec. 125.3501 et seq.     plan, and planned residential development and other
                                          terminology denoting zoning requirements designed to
                                          accomplish the objectives of the 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.
                Minnesota Statutes
Minnesota                                 Enabling statutes for counties and municipalities.
                Sec. 394; 462
                                   County only. Must be at least 3,500 acres. The board of
                                   supervisors of any county is authorized to enter into one
                                   or more development agreements with the developer or
                                   developers of a master planned community … "master
                                   planned community" means a development by one or
              Mississippi Code
Mississippi                        more developers of real estate consisting of residential,
              Sec. 19-5-10
                                   commercial, educational, health care, open space and
                                   recreational components that is developed pursuant to a
                                   long range, multi-phase master plan providing
                                   comprehensive land use planning and staged
                                   implementation and development.

              Missouri Statutes
Missouri                           Enables "transect-based zoning" rather than PUD.
              Sec. 89.400


                                   Essentially an enabling statute. "Planned unit
                                   development" means a land development project
                                   consisting of residential clusters, industrial parks,
                                   shopping centers, or office building parks that compose a
              Montana Code         planned mixture of land uses built in a prearranged
Montana       Sec. 76-3 et seq.    relationship to each other and having open space and
              [Subdivision Code]   community facilities in common ownership or use ...
                                   If the governing body has adopted a growth policy that
                                   meets the requirements of 76-1-601, the governing body
                                   may adopt regulations to promote cluster development
                                   and preserve open space under this section.
                                          Enabling statute. Notwithstanding any provisions of
                                          Chapter 14, article 4, Chapter 15, article 9, Chapter 19,
                                          article 9, or of any home rule charter to the contrary, every
                                          metropolitan-, primary-, and first-class city shall have the
                                          power to include within its zoning ordinance, provisions
                                          authorizing and regulating planned unit developments
                                          within such city or within the zoning jurisdiction of such
                                          city, except such cities shall not have authority to impose
                                          such power over organized cities or villages within the
                Nebraska Revised Statutes
Nebraska                                  zoning jurisdiction of such cities ... The purpose of such
                Sec. 19-4401
                                          ordinance shall be to permit flexibility in the regulation of
                                          land development, to encourage innovation in land use
                                          and variety in design, layout, and type of structures
                                          constructed, to achieve economy and efficiency in the use
                                          of land, natural resources, energy, and the provision of
                                          public services and utilities, to encourage the preservation
                                          and provision of useful open space, and to provide
                                          improved housing, employment, or shopping
                                          opportunities particularly suited to the needs of an area.

                                            Extensive state legislation. Defined as an area of land
                                            controlled by a landowner, which is to be developed as a
                                            single entity for one or more planned unit residential
                Nevada Revised Statutes
Nevada                                      developments, one or more public, quasi-public,
                Sec. 278A.010 et seq.
                                            commercial or industrial areas, or both ... Unless
                                            otherwise stated, is inclusive of the term "planned unit
                                            residential development." Multiple regulations about

                NH Revised Statutes
New Hampshire                               Enabling statute.
                Sec. 674:21, 21a
                                            Enacted extensive legislation in 1967 called Municipal
                                            Planned Unit Development Act. Repealed in 1975.
                                            Currently an enabling statute: ordinances shall require
                                            that prior to approval of such planned developments the
                                            planning board shall find the following facts and
                 New Jersey Statutes        conclusions: departures by the proposed development
New Jersey
                 Sec. 40:55D-45 to 45.8     from zoning regulations otherwise applicable to the
                                            subject property conform to the zoning ordinance
                                            standards ... proposals for maintenance and conservation
                                            of the common open space are reliable, and the amount,
                                            location and purpose of the common open space are
                                            adequate ... [three other provisions]




New Mexico       N/A                        No statute specifically referring to PUDs.


                 Consol. Laws of New York
                 Sections in Town Law,     Enabling statutes. References to cluster development in
New York
                 Village Law, and City Law subdivision review sections.
                 statutes

                 North Carolina Gen.
                 Statutes
North Carolina                              Enabling statutes for counties and municipalities.
                 Sec. 153A-344.1;
                 160A-385.1

North Dakota     N/A                        No statute specifically referring to PUDs.
                                           Enabling statutes, one for counties and one for townships.
                                           PUD defined as development which is planned to
                                           integrate residential, commercial, industrial, or any other
                                           use. Planned-unit development regulations shall apply to
               Ohio Revised Code           property only at the election of the property owner and
Ohio
               Sec. 303.022; 510.021       shall include standards to be used by the board of county
                                           commissioners or, if the board so chooses, by the county
                                           zoning commission, in determining whether to approve or
                                           disapprove any proposed development within a planned-
                                           unit development.


                                           Extensive legislation. Definition includes cluster
                                           housing, planned residential and nonresidential
                                           development, community unit plan, and other zoning
                                           requirements which are designed to accomplish the
               Oklahoma Statutes
Oklahoma                                   objectives of a comprehensive plan and zoning ordinance
               Title 11 Sec. 43-110 to 115
                                           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
                                           integration the                    development project
                                           the characteristics of the project area.


               Oregon Revised Statutes § Provides authority to review subdivisions plans; used as
Oregon
               92.044                    authority to approve PUDs


                                         Extensive legislation. Enabling statute for all
                                         municipalities to enact ordinances. Sets standards,
               Pennsylvania Statutes
Pennsylvania                             conditions, regulations, enforcement provisions, and
               Title 53 Sec. 10701-10713
                                         extensive application procedures for "planned residential
                                         developments."


                                         Enabling Statute. Allows Planned Unit Developments,
Rhode Island   R.I. Gen. Laws § 45-24-47 Conservation Developments, and more under the term
                                         "Land Development Project"
                                           Enabling Act. Authorizing local zoning ordinances to
                                           allow cluster development, planned development districts,
                 S.C. Code of Laws § 6-29-
South Carolina                             floating zones and performance zoning. Also, when
                 720
                                           PUDs are proposed, applicant gains two-year vested
                                           rights.


                 South Dakota Codified
South Dakota                                Allows for TDRs to preserve historical sites
                 Laws § 1-19B-26.


                  Tennessee Code §13-7-     Enabling Statute. Covers general zoning authority, allows
Tennessee
                  201.                      special development districts, TDRs, Conditional zoning


                                            Enabling Statute. Addresses zoning districts. Does not
                 Tex. Local Gov't Code §    directly mention PUDs but courts have view this section
Texas
                 211.005                    as granting authority to create planned development
                                            districts.


                                            No Enabling Statute for PUDs, but local ordinances with
Utah             N/A
                                            PUD provisions have been upheld


                                            Enabling Statute: Any municipality adopting a bylaw
                 Vermont Statutes § Title   should provide for planned unit developments to permit
Vermont
                 24 § 4417                  flexibility in the application of land development
                                            regulations.
                                          Enabling statute. Provisions apply to any county or city
                                          that had a population growth rate of 10% or more from
                                          the next-to-latest to latest decennial census year, per
                                          Census. However, the requirements of this section shall
                                          not apply to any such county or city that has a population
                                          density of more than 2,000 people per square mile,
                                          according to the most recent report of the Census. As a
                Virginia Code             locality provides for the clustering of single-family
Virginia
                §. 15.2-2286.1            dwellings and the preservation of open space
                                          developments, it may vary provisions for such
                                          developments for each different residential zoning
                                          classification within the locality. For purposes of this
                                          section, "unimproved land" shall not include land owned
                                          or controlled by the locality, the Commonwealth or the
                                          federal government, or any instrumentality thereof or land
                                          subject to a conservation easement.



                                                     t t t Th          ti                  t
                                          Enabling statute. The adoption, approval, enactment,t
                                          amendment, granting or authorization by the city council
                                          or commission of any ordinance or resolution applying to
                                          land, buildings or structures within any community
                Washington Statutes §     council corporation shall become effective within such
Washington
                35.14.040.                community municipal corporation either on approval by
                                          the community council, or by failure of the community
                                          council to disapprove within sixty days of final
                                          enactment, with respect to plan unit developments,
                                          subdivision ordinances...etc.



                                         Enabling Statute: Zoning ordinances may "Authoriz[e]
                W. Virginia Code § 8A-7- planned unit developments to achieve more efficient use
West Virginia
                2.                       of land and setting standards and regulations for the
                                         developments."
                                      Wis. Stat. § 59.69(bm): County Plan Commissions have
                                      authority to approve Planned Unit Developments; Wis.
            Wis. Stat. § 59.69(bm);
Wisconsin                             Stat § 62.23(7)(b) Cities have authority to approve
            62.23(7)(b)
                                      Planned Development Districts for individual sites to take
                                      advantage of specific features…etc.




                                      No specific mention, but courts view PUDs as a valid
Wyoming
            Wyo. Stat. § 15-1-601     form of rezoning pursuant to this section .

				
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