A.
Purpose. The PUD Planned Unit Development Overlay District is intended
to:
(1)
Permit developments that will, over a period of time, be enhanced
by coordinated area site planning, diversified location of structures
and/or mixing of compatible uses;
(2)
Provide a safe and efficient system for pedestrian and vehicle traffic;
(3)
Provide attractive recreation and open spaces as integral parts of
the developments;
(4)
Enable economic design in the location of public and private utilities
and community facilities;
(5)
Ensure adequate standards of construction and planning;
(6)
Allow for flexibility of overall development design with benefits
from such design flexibility intended to be derived by both the developer
and the community, while, at the same time, maintaining, insofar as
possible, the land use density and other standards or use requirements
as set forth in the underlying basic zoning district; and
(7)
Accommodate areas of integrated mixed land uses, innovative lot sizes
and physical design, and strong commitments to commonly held open
space.
B.
Overlay district approach; application to existing use districts.
(1)
The PUD Planned Unit Development Overlay District shall operate as
an overlay zone and as an alternative to the permitted uses and regulations
applicable to existing districts. The PUD Planned Unit Development
Overlay District is a supplemental zoning classification called "over"
an underlying zoning district or districts to provide an opportunity
to develop land in a manner that does not fit the configuration or
standards of the underlying districts.
(2)
The PUD Planned Unit Development Overlay District shall be applicable
only to those lands which may hereafter be zoned PUD Planned Unit
Development Overlay District by the Village Board, at its discretion.
(3)
Basic underlying zoning requirements for lands overlay zoned as a
PUD Planned Unit Development Overlay District shall continue in full
force and effect and shall be solely applicable until such time as
the Village Board grants final approval to the PUD under the procedures
hereinafter provided in this article.
C.
Applicability to parcels with single ownership. The unified and planned development of a site in a single, partnership or corporate ownership or control or in common ownership under the Unit Ownership Act set forth in Chapter 703 of the Wisconsin Statutes (condominiums) may be permitted by the Village of Grantsburg upon specific petition under § 595-43 of this chapter and after public hearing, with such development encompassing one or more principal uses or structures and related accessory uses or structures, when all regulations and standards as set forth in this chapter have been met.
D.
Conformance with laws and regulations.
(1)
A PUD Planned Unit Development Overlay District authorized and approved
as herein provided shall be carried out in conformity with all federal,
state, and municipal laws and regulations. However, in the interpretation
and application of this article, the regulations contained in this
article shall be controlling in the event of a conflict between the
provisions of this article and other local zoning or subdivision regulations.
(2)
A PUD Planned Unit Development Overlay District project shall be
consistent in all respects with the expressed intent of this article
and with the intent and spirit of this Zoning Code and its underlying
districts; it shall be in conformity with the adopted Village Comprehensive
Plan or any component thereof and shall not be contrary to the general
welfare and economic prosperity of the community.
In addition to the general Zoning Code definitions contained in § 595-126, the following definitions shall be applicable in this article:
Basic zoning regulations as are applicable to the use district
other than the regulations set forth in this article.
A tract of land not divided by public streets or into lots,
excepting for single-family dwelling purposes, and which will not
be so subdivided, or where the tract of land, if so divided, is in
single ownership or is owned by a condominium group. The site must
be located on a public street or have direct access over a private
right-of-way.
The grouping together of a number of structures which have
similar use or intended purpose.
The official guide for the physical, social, and economic
growth of the Village of Grantsburg properly enacted or adopted according
to § 62.23, Wis. Stats., which is now or may hereafter be
in effect.[1]
The number of dwelling units permitted per square foot of
land area or number of dwelling units permitted per acre of land area.
The proposal for development of a PUD Planned Unit Development
Overlay District, consisting of a general concept plan for the entire
area.
A parcel or parcels of land or an area of water or a combination
thereof within the site designated for a PUD Planned Unit Development
Overlay District and designated and intended for the use or enjoyment
of residents of the planned development.
A right-of-way designed for the purpose of providing pedestrian
access.
An area of land controlled by a single owner, corporation,
or other legal entity which is to be developed as a single unit and
is referred to herein as a PUD.
A.
Types. This article contemplates that there may be residential, commercial,
and industrial planned unit developments and mixed compatible use
developments as PUD Planned Unit Development Overlay Districts.
B.
Permitted uses.
(1)
Basic underlying permitted uses. All uses permitted under the basic
zoning regulations applicable to the underlying zoning district in
which the particular property is located are allowed.
(2)
Permitted accessory uses. Any accessory use permitted in the underlying
zoning district(s) is permitted in the PUD Planned Unit Development
Overlay District.
(3)
Conditional uses. Any conditional use permitted in the underlying
zoning district(s) may be applied for in the PUD Planned Unit Development
Overlay District. The review of conditional uses proposed to be located
within the planned unit development would be conducted as part of
the overall review of the PUD Planned Unit Development Overlay District
application.
(4)
Schools, parks, and recreation facilities. The developer in the preparation
of his/her PUD proposal shall consult with and receive the approval
of the Village as to the reservation of suitable sites for adequate
area for future schools, parks, playgrounds, drainageways, and other
public uses if so designated on the Comprehensive Plan, Official Map,
or component area development plan, if any, or as required by the
Village of Grantsburg.
(5)
Nonresidential uses. Nonresidential uses are limited to those uses
specifically approved by the Plan Commission and Village Board and
are permitted in a PUD Planned Unit Development Overlay District based,
in part, on the following criteria:
(a)
Nonresidential development shall be integrated into the total
design of the PUD project.
(b)
The Village, at its option, may require that the areas and types
of nonresidential facilities to be allowed in a PUD Planned Unit Development
Overlay District project be based on a market analysis. The market
analysis shall demonstrate that the amount of land proposed is needed
and can realistically be supported by area residents and consumers.
For these purposes, such analysis should contain the following determinations:
[1]
Determination of the expected trade area of the proposed commercial
facilities.
[2]
Determination of the trade area population, present and prospective.
[3]
Determination of the expected effective buying power in such
trade area.
[4]
Determination of net potential customer buying power for stores
in the proposed PUD and, on such basis, the recommended store types
and floor area.
A.
General considerations.
(1)
Adequacy of design. Design standards and requirements outlined in
this section shall be utilized by the Village in determining the adequacy
of all plans for proposed planned unit developments.
(2)
Consideration of Comprehensive Plan. Consideration shall be given
to applicable provisions of the Village Comprehensive Plan, Official
Map and other adopted plans as they pertain to future school sites,
recreation sites, water supply, sewage treatment systems, highway
and street alignments, environmental integrity, and other public facilities
where appropriate.
(3)
Consideration of existing adjacent development. The development of
the proposed PUD shall take into consideration relevant features of
adjacent existing development.
(4)
Unsafe or hazardous conditions. Land with unsafe or hazardous conditions,
such as open quarries, unconsolidated fill, floodplains or steep slopes,
shall not be developed unless the PUD provides for adequate safeguards
which are approved by the Village Board.
B.
Location of structures. Specific lot size, building location, height,
size, floor area, and other such requirements shall be based upon
determination by the Village Board, following advisory recommendations
from the Plan Commission, as to their appropriateness to the proposed
uses and structures as they relate to the total environmental concept
of the planned development, consistent with the criteria set forth
in this article, and, as near as practicable, consistent with standards
established in applicable existing basic zoning districts and regulations,
and with those generally accepted basic standards necessary to ensure
the protection of the public health, safety and general welfare of
that area of the community.
C.
Minimum area requirements. Areas designated as planned unit developments
shall contain a minimum development area as follows:
|
Principal Uses
|
Minimum Area of PUD
(acres)
|
|---|---|
|
Residential PUD
|
2
|
|
Commercial PUD
|
5
|
|
Industrial PUD
|
5
|
|
Mixed compatible use
|
5
|
D.
Allowable residential densities.
(1)
General lot area, density, width and setback/yard requirements.
(a)
In a PUD Planned Unit Development Overlay District, area and
width requirements of the basic use district may be modified; however,
in no case shall the average density in a residential district exceed
the number of dwelling units by more than 5% that would have been
permitted if the planned unit development regulations had not been
utilized.
(b)
Setbacks required by the underlying base use district may be
modified in PUD Planned Unit Development Overlay Districts; however,
no setback shall be less than 25 feet from any street right-of-way.
(c)
No principal structures in planned unit developments shall be
located closer than 30 feet to another structure.
(d)
Structures in residential PUD Planned Unit Development Overlay
Districts shall have a rear yard of not less than 25 feet.
(2)
Minimum lot area requirements. Provided that the overall number of
dwelling units per acre (density) is not increased by more than 5%
beyond the number of dwelling units that would have been permitted
if the PUD District had not been utilized, and provided that adequate
open space is maintained, the planned unit development may include
lot areas per dwelling unit smaller than those normally required in
the underlying zoning district. However, no lot shall be less than
the minimum lot areas indicated below:
|
Use
|
Minimum Lot Area per Dwelling Unit
(square feet)
|
|---|---|
|
Single-family
|
6,000
|
|
Two-family
|
4,000
|
|
Multiple-family (1 story)
|
3,000
|
|
Multiple-family (2 stories)
|
3,000
|
|
Multiple-family (3 stories)
|
2,000
|
(3)
Residential permitted density standards; common open space requirements.
In the case of residential uses, the allowable density shall be based
on the following considerations:
(a)
That there will result an appropriate relationship between the
number of dwelling units and the facilities required and available
to service them, such as sewer, water, schools, streets, and other
appropriate municipal services.
(b)
That there will be an appropriate division of common open space
to compensate for clustering or other concentration of dwelling units,
consistent with the goal of creating a desirable living environment.
Except as provided below, no plan for a planned unit development shall
be approved unless such plan provides for permanent open space equivalent
to 20% of the total area in single-family residential planned unit
developments and 5% in commercial/industrial planned unit developments.
Such open space may be in any of the following forms, provided they
contribute realistically and specifically to the enhancement of the
environmental character of the development for benefit of the residents
thereof and the general community:
[1]
Natural areas such a woods, unique meadows, marshes, lakes,
wetlands, streams and ponds, providing either an environmental amenity
or serving a useful ecological purpose.
[2]
Agricultural areas, including prime crop land, pasture, orchards,
and tree nurseries, contributing to the preservation of the agricultural
land resource or significantly contributing to the environmental character
of the area.
[3]
Recreational areas, such as parks, parkways, greenbelts, play
fields, and golf courses.
(c)
That there will result an appropriate relationship between the
character of existing developments or likely to result from the zoning
of property thereto.
F.
Single parcel, lot or tract. At the time of filing, the land proposed
for a PUD Planned Unit Development Overlay District shall be considered
as one tract, lot or parcel, and the legal description must define
said PUD as a single parcel, lot or tract.
A.
Natural features. Physical layout and form of all structures shall
be designed with regard to the topography and natural features of
the site.
B.
Visual aspects. The overall design shall provide for the appearance
of external unity throughout the planned unit development project.
Variations of building elevations and materials used therein shall
be encouraged insofar as they reinforce rather than hamper the design
harmony. Housing and other facilities near the periphery of the planned
unit development shall be designed so as to be harmonious with neighboring
areas.
C.
Landscaping.
(1)
Topographic features preservation. Where natural or existing topographic
features contribute to the beauty and utility of a development, consideration
shall be given to this preservation. Modification of topography features
should only occur where it contributes to a good appearance.
(2)
Plant types. Plant material shall be selected for interest in its
structure, texture, and color and for its ultimate growth. Further,
it is recommended that native materials be employed for their ability
to tolerate prevailing weather and natural conditions.
(3)
Plant guards. In locations where plant materials will be susceptible
to injury by pedestrians and/or motor vehicles, appropriate curbs,
tree guards, or other protective devices shall be employed.
D.
Street design standards. All streets within a PUD Planned Unit Development
Overlay District dedicated to the public shall be so indicated on
the general development plan, or as modified under this subsection.
Standards of design and construction of roadways within the PUD may
be modified as is deemed appropriate by the Village Board; however,
in considering such modifications, the Village Board shall consider
the impact on traffic/pedestrian safety, snowplowing, and law enforcement/firefighting/emergency
medical services response. Right-of-way widths and street pavement
widths may be reduced where it is found that the general development
plan provides for the separation of motorized traffic from bicycle/pedestrian
circulation patterns. The use of private roadways and streets is discouraged.
E.
Accommodation of pedestrian traffic.
(1)
Sidewalks and walkways. Sidewalks and/or other walkways and bicycle
paths shall be provided where necessary for the safety and convenience
of pedestrian and cyclist traffic within project boundaries. Special
attention shall be given to connections accommodating pedestrian movement
between the dwelling units, common open space, recreation facilities,
schools, commercial establishments, and parking facilities.
(2)
Design considerations. Walkway widths and surface treatment of all
walkways shall be designed with regard to their function and the anticipated
manner of usage. The natural features of the area traversed in the
walkway system and suitable lighting in scale with the project shall
also be considered. Pedestrian ramps shall be utilized as required
by law and as necessary either to resolve conflicts with vehicular
traffic or facilitate the movement of senior citizens and/or children.
F.
Parking and loading.
(1)
Required number of parking spaces. Accessible off-street parking and loading facilities shall be provided as required and specified in Article VII of this chapter.
(2)
Landscaping of parking areas. Parking areas shall be planned to provide a desirable transition from the streetscape and to provide for adequate landscaping, pedestrian movement, and parking areas. In keeping with this purpose, the following design standards shall be followed for projects in a PUD Planned Unit Development Overlay District; in the event of conflict between these standards and those prescribed in Article VII, the following standards shall be applicable:
(a)
Parking areas shall be arranged so as to prevent or limit through
traffic to other parking areas.
(b)
Parking areas shall be screened from residential structures
and streets with hedges, dense plantings, earth berms, changes in
grade and/or walls, or a combination thereof, except where parking
areas are designed as an integral part of the street.
(c)
No more than 15 parking spaces shall be permitted in a continuous
row without being interrupted by landscaping unless otherwise approved
by the Plan Commission.
(d)
All off-street loading and unloading areas shall be paved and, according to the standards in § 595-71, the design thereof approved by the Plan Commission.
(e)
All parking areas shall be adequately lighted. All such lighting
shall be so arranged as to direct the light away from adjoining residences
and shall be of a downward-directed design.
(f)
All parking areas and off-street loading and unloading areas
shall be graded and drained so as to dispose of all surface water
without erosion and flooding.
G.
Common open space standards.
(1)
Common open space covenant and easement.
(a)
All common open space shall be protected by a common open space
covenant and open space easement approved by the Village Board, following
review by the Village Attorney, and sufficient to its maintenance
and preservation.
(b)
Such common open space covenant or open space easement shall
specify:
[1]
Ownership of any common open space;
[2]
Property rights of owners to such common open space;
[3]
Method of maintenance;
[4]
Responsibility for maintenance;
[5]
Maintenance assessments/obligations and provisions for insurance;
[6]
Enforcement of nonpayment of assessments/obligations;
[7]
Enforcement of negligent maintenance;
[8]
An agreement that noncompliance with said covenant enables the
Village to assess the property owners of the common open space, to
cover the cost of assuming maintenance of improvements;
[9]
A warranty that any change in such covenant will not be made
without the consent of the Village Board; and
[10]
Any other specifications deemed necessary by the
Village Board.
(c)
Said covenant shall obligate the stated responsible parties
to adequately maintain any common open space and complete any necessary
improvements to any common open space.
(2)
Recording of the common open space covenant. Such covenant shall
be written so as to run with the land and the covenant shall become
part of the deed to each lot or parcel within the development.
(3)
Enforcement of the common open space covenant.
(a)
Noncompliance with the above standards governing common open
space empowers the Village, as well as other owners in the development,
to enforce the common open space covenant.
(b)
If the Village determines that the responsible party is not
in compliance with any provisions of the covenant and is not satisfactorily
maintaining the common open space, or has not made the necessary improvements
to the common open space, the Village of Grantsburg may, at its own
discretion, intervene to maintain the common open space, or complete
the necessary improvements to the common open space, and may specifically
assess by special charge the property owners within the development
who have a right of enjoyment of the common open space an amount of
money sufficient to cover any costs incurred by the Village.
(c)
Such charges shall be paid by the owners of said properties
within 30 days after receipt of a statement therefor and, if not paid,
such charges shall be placed on the property tax roll as a special
assessment or charge.
(4)
Condominium open space. Any common open space held under condominium
ownership shall meet the minimum requirements of Ch. 703, Wis. Stats.,
governing condominiums, and shall provide a common open space covenant
as part of the required condominium declaration.
A.
Drainage. The development site shall be provided with adequate drainage
facilities for surface water and stormwater. All applicable stormwater
management requirements shall be fully complied with.
B.
Public road accessibility. The site will be accessible from public
roads that are adequate to carry the traffic that can be expected
to be generated by the development.
C.
Undue burden on public services. No undue constraint or burden shall
be imposed on public services and facilities, such as fire and police
protection, street maintenance, water, sanitary sewer and storm drainage,
and maintenance of public areas, by the development.
D.
Public utilities. Public water and sewer facilities shall be provided.
The division of any land or lands within a PUD Planned Unit
Development Overlay District for the purpose of change or conveyance
of ownership may be accomplished pursuant to the land division/subdivision
regulations of the Village when such division is contemplated.
Sections 595-35 through 595-41 set forth the basic philosophy and intent in providing for PUD Planned Unit Development Overlay Districts, the kinds thereof, the general requirements, physical requirements and requirements as to public services and facilities. The following sections are intended to set forth the procedures and considerations involved leading to possible approval of such developments.
A.
General zoning procedures. The procedure for zoning to a PUD Planned
Unit Development Overlay District shall be the same as required for
any other rezoning application, except that an application for zoning
to a PUD Planned Unit Development Overlay District may be considered
only in conjunction with a general development plan as hereinafter
defined and shall be subject to the following additional requirements
below.
B.
Pre-application conference. Prior to the official submission of the
petition for the approval of a PUD Planned Unit Development Overlay
District, the applicant (owner or his/her agent) shall meet with the
Plan Commission, Village zoning staff and/or appropriate technical
professionals advisory to the Village for a preliminary discussion
as to the scope and nature of the proposed development and to discuss
possible alternative approaches to the development of the specific
area.
C.
Petition for review and approval; general development plan. Following
the pre-application conference, the owner or his/her agent may file
a petition with the Village Clerk for an amendment to the Village's
Zoning Map designating and adding a PUD Planned Unit Development Overlay
District, thereby permitting the application of the provisions of
this article to the designated area. Such petition shall be accompanied
by a review fee as prescribed by the Village of Grantsburg's Schedule
of Fees, as well as incorporate the following information:
(1)
General informational statement. A statement which sets forth the
relationship of the proposed PUD Planned Unit Development Overlay
District to the Village's adopted Comprehensive Plan, Neighborhood
Plan, or any adopted component thereof, and the general character
of and the uses to be included in the proposed PUD Planned Unit Development
Overlay District, including the following information:
(a)
Total area to be included in the PUD Planned Unit Development
Overlay District, area of open space, residential density computations,
proposed number of dwelling units, population analysis, availability
of or requirements for municipal services and other similar data pertinent
to a comprehensive evaluation of the proposed development.
(b)
A general summary of the estimated value of structures and site
improvement costs, including landscaping and special features.
(c)
A general outline of the organizational structure of a property
owners' or management association, which may be proposed to be established
for the purpose of providing any necessary private services.
(d)
Any proposed departures from the standards of development as
set forth in the Village zoning regulations, land division/subdivision
regulations, other Village regulations or administrative rules, or
other universal guidelines.
(e)
The expected date of commencement of physical development as
set forth in the proposal and also an outline of any development staging
which is planned.
(2)
General development plan. The general development plan consists of a general concept plan for the entire area covered by the proposed PUD Planned Unit Development Overlay District and shall be submitted concurrently with the petition for rezoning of the area to a PUD Planned Unit Development Overlay District. In addition to any other site plan or architectural review requirements in this chapter, the general development plan shall provide the following in sufficient detail to make possible an evaluation under the criteria prescribed in § 595-44:
(a)
A legal description of the boundaries of the subject property
included in the proposed PUD and a general location map showing the
relationship of the proposed development site to surrounding properties.
The boundaries of the proposed planned unit development shall be dimensioned
and drawn at a scale no smaller than one inch equals 200 feet, identifying
the use(s) of all abutting properties.
(b)
The topography of the site showing contours at an interval of
no more than five feet and showing all significant natural terrain
features such as wooded areas, marshes, drainageways, and water bodies.
(c)
The location of actual and proposed public and private roads,
driveways, sidewalks and parking facilities.
(d)
The size, arrangement, location and use of any proposed individual
building sites and building groups on each individual site, and the
type, size and location of all structures. Specifically addressed
shall be the proposed density of residential development.
(e)
General architectural plans, elevations and perspective drawings
and sketches illustrating the design and character of proposed structures.
(f)
The location of institutional, recreational and open space areas
and areas reserved or dedicated for public uses, including schools,
parks and drainageways. Specifically addressed shall be the character
of recreational and open space areas, including designation of any
such areas to be classified as common open space.
(g)
General landscape treatment.
(h)
The existing and proposed location of public sanitary sewer,
water supply facilities and stormwater drainage facilities.
(i)
The existing and proposed location of all private utilities
or other easements.
(j)
Anticipated uses of adjoining lands in regard to roads, surface
water drainage and compatibility with existing adjacent land uses.
(k)
If the development is to be staged, a staging plan.
(l)
A plan showing how the entire development can be further subdivided
in the future.
(m)
Appropriate statistical data relative to the proposed development.
(n)
A general outline of intended organizational structure related
to property owners' associations, deed restrictions, etc.
(o)
A general summary of the total estimated value of the completed
development, including structures, site improvement costs, landscaping
and special features.
(p)
The expected date of the commencement of the physical development
of the site, which shall include a statement outlining the amount
of construction which shall constitute commencement of the physical
development of the site. As a condition of processing, this date and
statement shall be mutually agreed upon by the petitioner and the
Village.
(q)
A written construction schedule mutually agreed upon by the
petitioner and the Village which details the amount of completed construction
which will be equivalent to 75% of the projected cost of the development.
For purposes of this article, such figure shall be referred to as
the amount of development construction which has been substantially
completed.
(r)
A subdivision plat of all subdivided lands in the same form
and meeting all the requirements of a normal subdivision plat, if
subdivided lands are included in the planned unit development. (Note:
The submission of one or more of the above documents and plans or
a portion of any one of the above documents and plans may be waived
by the Village when such are not applicable for the review of a particular
type of development.)
(s)
Any other information deemed appropriate and necessary by the
Plan Commission, Village Board or Village zoning officials.
D.
Referral to Plan Commission. Upon submittal to the Village Clerk,
the petition for a PUD Planned Unit Development Overlay District shall
be referred to the Plan Commission for its review and consideration.
The Plan Commission shall, within 60 days after referral, forward
the petition to the Village Board with a recommendation that the zoning
and related general development plan be approved as submitted, approved
with modifications, or disapproved. The Plan Commission may add any
additional conditions or restrictions which it may deem necessary
or appropriate to recommend promoting the spirit and intent of this
Zoning Code and the purpose of this article guiding planned unit development.
E.
Public hearing. Upon receipt of the Plan Commission's recommendations, the Village Board shall, before determining the disposition of the petition, hold a public hearing on the petition for a PUD Planned Unit Development Overlay District in the manner provided in Article V for conditional uses. Notice of such hearing shall include reference to the development plans filed in conjunction with the requested zoning change.
F.
Village Board approval. The Village Board, following a recommendation
from the Plan Commission and public hearing thereon and after due
consideration, shall either deny the petition, approve the petition
as submitted, or approve the petition subject to any additional conditions,
restrictions and/or modifications the Village Board may impose. Approval
of the proposed zoning to a PUD Planned Unit Development Overlay District
shall constitute approval of the related general development plan,
which shall be made part of the zoning record as an integral component
of the right of use for the area in conformity with such plan.
G.
Detailed implementation plan; submittal and approval.
(1)
Submittal requirement; time frame. Within 18 months following the
approval of the general development plan and PUD Planned Unit Development
Overlay District, unless the time is extended by the Village Board,
a detailed implementation plan for the entire area, or a portion/phase
thereof, shall be submitted to the Village Clerk.
(2)
Contents. The detailed implementation plan shall include the following:
(a)
A written statement describing the area of the proposed development
and its relationship to the general development plan, along with a
description of any proposed variations.
(b)
A plat of survey as required by Ch. 236, Wis. Stats., of the
area of the detailed implementation plan showing all existing utilities
and recorded easements.
(c)
The topography of the area of the detailed implementation plan
showing contours at an interval of no more than five feet.
(d)
A detailed site development plan showing at a scale no smaller
than one inch to 200 feet the specific designation of proposed land
utilization, including the pattern of public and private roads, driveways,
walkways, and parking facilities; detailed lot layout and the arrangements
of building groups other than single-family residences; the use intended
for any nonresidential buildings; and the specific treatment of open
spaces.
(e)
A proposed grading plan for the area of the detailed implementation
plan.
(f)
Specific landscape plans for all common open space, amenities
or housing groups other than private single-family lots, including
fences, walls, signs and lighting.
(g)
Architectural plans for any nonresidential buildings, multiple-family
structures or building clusters other than conventional single-family
homes on individual lots in sufficient detail to indicate the floor
area, bulk, and visual character of such buildings.
(h)
Detailed storm drainage, sanitary sewage disposal, and water
system plans approved by the Village Engineer.
(i)
Proposed engineering standards for all roads, parking areas,
and walkways.
(j)
Agreements, bylaws, covenants, and other documents providing
for permanent preservation and maintenance of common open space areas
and amenities.
(k)
A schedule and map as to the intended phasing of development
if more than one phase is intended.
(l)
Any other information deemed appropriate and necessary by the
Village Board, Plan Commission or Village zoning officials.
(3)
Review and approval. Upon submittal, the Village Clerk shall refer
the detailed implementation plan and related documents to the Plan
Commission. The Plan Commission shall, within 60 days of referral,
forward its recommendation to the Village Board that the detailed
implementation plan be approved as submitted, approved with modifications,
or disapproved. The Village Board shall then take whatever action
it deems appropriate on such detailed implementation plan. Before
plans submitted for a detailed implementation plan will be approved,
the developer shall give satisfactory proof that he/she has contracted
to install all necessary improvements or file a performance bond,
letter of credit or cash deposit, approved as to a form by the Village
Attorney, that such improvements will be installed within the time
required by the Village Board. A detailed implementation plan which
is in conformity with an approved general development plan shall be
entitled to approval, subject only to approval of the details of the
detailed implementation plan.
(4)
Variations. Consistent with the basic goal of limited flexibility,
minor variations may subsequently be permitted in details of the approved
plans, subject to approval of the Plan Commission. If, in the opinion
of the Plan Commission, any requested variation constitutes a substantial
alteration of the original general development and detailed implementation
plans as approved, the matter shall be referred to the Village Board
for a hearing and action thereon. The introduction of any new category
of use or increase of more than 2% from the approved density shall
automatically constitute a substantial variation.
H.
Development implementation.
(1)
Conformity with approved plans. No specific use or building permit
shall be issued for any part of such approved general development
plan except for an area covered by an approved detailed implementation
plan and in conformity with such plan.
(2)
Official record. Detailed building and landscape plans, as well as
all other commitments and contractual agreements with the Village
related to a detailed implementation plan, shall be made a part of
the official record and shall be considered supplementary components
of the PUD Planned Unit Development Overlay District.
I.
Phasing time schedule; extensions.
(1)
Phasing schedule. Each detailed implementation plan shall be accompanied
by a phasing schedule showing the times within which each phase or
segment of the detailed implementation plan will be completed. Approval
of any detailed implementation plan by the Village Board shall carry
with it approval of the time schedule for completion of each phase
or segment thereof, including any changes or amendments required by
the Village Board.
(2)
Time extensions. In the event that any portion of such time schedule
is not met, the Village Board, upon written request of the developer
for an extension of time, delivered to the Village Board at least
25 days prior to the expiration of the completion date for which such
extension is requested, may, for good cause shown, extend said completion
date for such length of time as the Village Board, at its sole discretion,
deems justified by the circumstances. There shall be no limit upon
the number of time extensions which may be requested.
(3)
Failure to meet phasing schedule. Upon failure of the developer to
satisfactorily meet any phase or segment of the completion or phasing
schedule, as determined by the Zoning Administrator or Building Inspector,
within 30 days of the expiration date thereof or within 30 days of
denial by the Village Board for extension thereof, all permits and
approvals shall be void or suspended on other segments of the detailed
implementation plan until such time as the developer is able to be
in conformance with the completion schedule phasing.
J.
Rescinding an approval. Failure to comply with the conditions, commitments,
guarantees, or the conditions established in the approval of such
planned unit development project shall be cause for rescinding the
approval of the same. Upon notice given by the Zoning Administrator
or Building Inspector, the developer shall then be required to appear
before the Village Board at a public meeting to explain any such failure
to comply. The Village Board at such hearing shall determine whether
or not the developer shall have failed to comply and, if there has
been such a failure, may either:
(1)
Rescind its approval. The Village Board may rescind its earlier approval,
whereupon such recision and the cessation of all rights and privileges
of the developer and owner, including the right to complete construction
or to construct any building or other structure or improvements, shall
become effective on the 31st day following mailing, by certified mail,
to the developer at his/her last known address of a written notice
of such recision; or
(2)
Extend the time for compliance. The Village Board, in the alternative
to recision, may adjourn such hearing for a period not to exceed 60
days to enable the developer to comply; whereupon, if the developer
is then in substantial compliance and has then established to the
reasonable satisfaction of the Village Board that there will be compliance
in the future, the rights and privileges of the developer and owner
shall continue for such period of time that there shall be such compliance.
If the developer is not then in substantial compliance or does not
establish to the reasonable satisfaction of the Village Board that
there will be compliance in the future, the Village Board will proceed
in accordance with Subsection (J)(1) above for recision.
K.
Revocation; abandonment of plan; reversion to basic zoning regulations
and uses.
(1)
Revocation upon failure to submit detailed implementation plan. In
the event that the developer shall fail to submit a detailed implementation
plan as required herein, the general development plan shall also be
deemed revoked.
(2)
Developer abandonment of project. In the event that the developer
shall elect to abandon the general development plan, after the same
is approved and the area zoned to PUD Planned Unit Development Overlay
District, the developer shall immediately notify the Village Board,
in writing, and, upon receipt of such notice of abandonment, the general
development plan shall be deemed revoked.
(3)
Reclassification to basic underlying zoning district. When recisions
occur pursuant to the above, the area involved shall automatically
revert to its underlying zoning and its applicable zoning regulations
and uses.
L.
Major changes.
(1)
Major change defined. Subsequent changes which alter the concept
or intent of the planned unit development shall be defined as a "major
change" and include, but are not limited to, the following:
(a)
Any change in the boundaries of the PUD District.
(b)
Any change in the permitted use to a less restrictive use.
(c)
Any construction of an accessory building or structure that is greater in dimensions than permitted by § 595-99.
(d)
Any increase in the number of dwelling units over limits allowed
by this article.
(e)
Any change in the lot area or width requirements which were
established at the time of approval.
(f)
Any change in the yard requirements which were established at
the time of approval.
(g)
Any change in the amount or maintenance responsibility of common
open space.
(h)
Any change in street locations or alignment.
(i)
Any change in the drainage plan.
(j)
Any subsequent land division.
(k)
Any change in the final governing agreements, provisions or
covenants agreed upon at the time of approval.
(l)
Any other change which is determined by the Zoning Administrator
to constitute a major change.
(2)
Action on major changes. The Zoning Administrator shall forward any
major change to the Village Board for approval. Notice of the proposed
change shall be given to all current property owners within the planned
unit development area, at the expense of the petitioner, and shall
be forwarded to any established association, pursuant to the procedures
of the submitted association bylaws. Such major change shall be submitted
as a new amendment to the PUD Planned Unit Development Overlay District
and associated general development plan and detailed implementation
plan and shall follow the procedures in this article for new applications.
M.
Subsequent land division. Any division of land or lands within a PUD Planned Unit Development Overlay District shall be accomplished pursuant to Chapter 582, Subdivision of Land, of the Village of Grantsburg Code of Ordinances. If such division is contemplated at the time of application for PUD District treatment, a preliminary plat of the lands proposed to be divided should be filed with the Village at that time.
A.
General requirements. The approval of a project encompassed in a
PUD Planned Unit Development Overlay District shall be within the
discretion of the Village Board. The Village Board, at its discretion,
may determine that consideration of a project as a PUD Planned Unit
Development Overlay District is not appropriate, and that conventional
consideration and review under the standard requirements of this Zoning
Code is appropriate and in the best interests of the Village and its
citizens. The Plan Commission, in making a recommendation, and the
Village Board, in making a determination approving a petition for
a PUD Planned Unit Development Overlay District, shall base determinations
on compliance with the following criteria:
(1)
Compliance with intent of Zoning Code. That the proposed development
is consistent with the specific requirements of this article governing
planned unit developments and with the spirit and intent of this Zoning
Code.
(2)
Professionally prepared plans. That the proposed development plan
has been prepared with competent professional advice and guidance
and produces significant benefits in terms of improved environmental
design sufficient to justify the application of the planned unit development
concept instead of conventional zoning regulations.
(3)
Consideration of physical nature of the site. That the site development
plan reflects sensitive consideration of the physical nature of the
site with particular concern for conservation of natural features,
preservation of open space, and careful shaping of terrain to ensure
proper drainage and preservation of natural features wherever appropriate.
(4)
Compatibility with other developments. That the general character
and density of use of the planned unit development produces an attractive
environment appropriate to the uses proposed and which is compatible
with existing developments in the surrounding area and with general
community development plans and policies.
(5)
Municipal services. That the development can be provided with appropriate
municipal services.
(6)
Functional design. That the proposed design standards provide adequately
for practical operation and maintenance based on actual functional
need in terms of circulation, parking, emergency services, delivery
services, snow plowing, and garbage and refuse collection.
(7)
Provisions for common open space. That adequate provision has been
made to ensure proper maintenance and preservation of common open
space which has been provided within the development for the recreational
and aesthetic enhancement of the development or to preserve or protect
natural environmental or ecological resources. Such provisions may
be made by dedication to the public or by retention in private ownership
with appropriate covenants. Private ownership may be in common or
individual ownership subject to the following:
(a)
The common open space shall be protected against future development
by conveying to the Village and to each property owner within the
planned unit development intended to be benefitted, as part of the
conditions for development plan approval, a perpetual open space easement
or common open space covenant running with the land and over such
areas restricting them against future building development or use,
except as is consistent with the use as designated on the approved
plan for recreational or aesthetic purposes, or for the preservation
of conservancy, natural environmental or ecologic resources.
(b)
The care and maintenance of such common open space shall be
ensured by adequate covenants and deed restrictions, approved by the
Village Attorney, running to the Village as well as to each property,
assuring such maintenance. Where such maintenance is not carried out
to the satisfaction of the Village, the Village shall be empowered
and authorized to treat such area as a special service district and
to provide the necessary maintenance service and to levy the cost
thereof as a special charge on all properties within such service
area.
(c)
In the case of roadways and other rights-of-way which are not
dedicated to the public as part of the conditions for project approval,
there shall be granted to the Village such easements over the same
as may be necessary to enable the Village to provide suitable and
adequate fire protection, sanitary and storm sewer, water, and other
required municipal services to the project area.
(d)
Ownership and tax responsibility of private open space areas
and rights-of-way shall be established in a manner acceptable to the
Village and made part of the condition of the plan.
(e)
Areas established for public use shall be dedicated to the Village
on preliminary and final subdivision plats consistent with the approved
development plan.
(8)
Other factors. Any other factors which in the discretion of the Village
Board are necessary to protect the public health, safety, and welfare
of the area or the community.
B.
Proposed construction schedule. The Plan Commission and Village Board, in making their respective recommendation and determination, shall consider the reasonableness of the proposed construction schedule and any staging plan for the physical development of the proposed PUD Planned Unit Development Overlay District, commencement of the physical development within one year of approval being deemed reasonable. The petitioners for the proposed PUD Planned Unit Development Overlay District shall indicate when they intend to commence development and that the development will be carried out according to the written construction schedule as outlined in § 595-43C(2)(p) and (q). The construction schedule shall be a binding legal agreement between the developer and the Village, requiring signatures of the authorized agent of the planned unit development project and of the Village. Failure of the developer to commence the physical development of the planned unit development within the specified time period, or failure of the developer to complete the development as agreed under the construction schedule, empowers the Village to take the necessary actions specified in § 595-43J and K.
C.
Residential PUD considerations. The Plan Commission and Village Board,
in making their respective recommendation and determination as to
a proposed residential planned unit development, shall further consider
whether:
(1)
Such development will create an attractive residential environment
of sustained desirability and economic stability, including structures
in relation to terrain, consideration of safe pedestrian flow, ready
access to recreation space and coordination with overall plans for
the community.
(2)
The total net residential density within the planned unit development
will be compatible with the Village Comprehensive Plan and Official
Map, Neighborhood Plan, or components thereof, and shall be compatible
with the density of the district wherein located.
(3)
Structure types will be generally compatible with other structural
types permitted in the underlying basic use district. To this end,
structure type shall be limited as follows:
(a)
Planned residential developments in the residential districts
shall not exceed 16 dwelling units per structure.
(4)
Provision has been made for the installation of adequate public facilities
and the continuing maintenance and operation of such facilities if
privately owned.
(5)
Provision has been made for adequate, continuing fire and police
protection.
(6)
The population density of the development will or will not have an
adverse effect upon the community's capacity to provide needed school
or other municipal service facilities.
(7)
Adequate guarantee is provided for permanent preservation of open
space areas as shown on the general development plan as approved either
by private reservation and maintenance or by dedication to the public.
D.
Commercial PUD considerations. The Plan Commission and Village Board,
in making their respective recommendation and determination as to
a proposed commercial planned unit development, shall further consider
whether:
(1)
The economic practicality of the proposed development can be justified.
(2)
The proposed development will be served by off-street parking and
truck service facilities in accordance with this chapter.
(3)
The proposed development shall be adequately provided with and shall
not impose any undue burden on public services and facilities, such
as fire and police protection, street maintenance, water, sanitary
sewer and stormwater drainage and maintenance of public areas.
(4)
The locations of entrances and exits have been designated to prevent
unnecessary interference with the safe and efficient movement of traffic
on surrounding streets and the development will not create any adverse
effect upon the general traffic pattern of the surrounding neighborhood.
(5)
The architectural design, landscaping, control of lighting and general
site development will result in an attractive and harmonious service
area compatible with and not adversely affecting the property values
of the surrounding neighborhood.
E.
Industrial PUD considerations. The Plan Commission and Village Board,
in making their respective recommendation and determination as to
a proposed industrial planned unit development, shall further consider
whether:
(1)
The operational character and physical plant arrangement of buildings
will be compatible with the latest in performance standards and industrial
development design and will not result in an adverse effect upon the
property values of the surrounding neighborhood.
(2)
The proposed development shall be adequately provided with and shall
not impose any undue burden on public services and facilities, such
as fire and police protection, street maintenance, water, sanitary
sewer and stormwater drainage and maintenance of public areas.
(3)
The proposed development will include provision for off-street parking
and truck service areas in accordance with this chapter and will be
adequately served by easy-access rail and/or arterial highway facilities.
(4)
The proposed development is properly related to the total transportation
system of the community and will not result in an adverse effect on
the safety and efficiency of the public streets.
F.
Mixed compatible use PUD considerations. The Plan Commission and
Village Board, in making their respective recommendation and determination
as to a proposed mixed compatible use planned unit development, shall
further consider whether:
(1)
The proposed mixture of uses produces a unified composite which is
compatible with the zoning district and which, as a total development
entity, is compatible with the surrounding neighborhood.
(2)
The various types of uses conform to the general requirements as
hereinbefore set forth applicable to projects of such use and character.
(3)
The proposed development shall be adequately provided with and shall
not impose any undue burden on public services and facilities, such
as fire and police protection, street maintenance, water, sanitary
sewer and stormwater drainage and maintenance of public areas.
