[Added 4-27-1987 by L.L. No. 1-1987]
This article is designed to encourage innovations in residential development so that desirable suburban development can be accomplished. This article recognizes that while standard zoning function and subdivision function are appropriate for the regulation of land use in areas of neighborhoods that are already substantially developed, these controls represent a type of preregulation, regulatory rigidity and uniformity which will not permit the type of land development contained in the planned residential development district (PRDD). Thus, where planned residential development district techniques are deemed appropriate through the rezoning of land to a planned residential development district by the Village Board, the set of use and dimensional specifications of Schedule A of § 30-25[1] of this chapter are herein replaced by the approval process in which an approved plan becomes the basis for continuing land use controls.
[1]
Editor's Note: So in original.
To carry out the intent of this article, a planned residential development district shall achieve the following objectives:
A. 
The proposed residential development will be in harmony with the general purpose, goals and objectives of the Comprehensive Plan of the Village and this chapter.
B. 
The proposed residential development will comply with all applicable regulations of this chapter except as modified by the authority of this article.
C. 
The proposed residential development will not have a substantial or undue adverse effect upon adjacent property, utility facilities, traffic conditions and other matters affecting the public health, safety and general welfare.
D. 
The proposed residential development will be constructed, arranged and operated so as not to interfere with the development and use of neighboring property in accordance with the applicable district regulations.
E. 
The proposed residential development will be served adequately by essential public facilities and services, such as but not limited to sanitary sewers, public water supply, stormwater drainage facilities, highway capacity and other services essential to residential use.
F. 
The proposed residential development shall provide an effective and unified treatment of the development possibilities on the project site, making appropriate provisions for the preservation of trees, streams, wetlands, natural topography and geological features and the prevention of soil erosion.
A. 
Residences may be of any variety of types. In developing a balanced community, the use of a variety of housing types and densities shall be deemed in keeping with the objectives of this article.
B. 
Accessory uses, such as private garages, storage spaces, recreational and community activities shall also be permitted as appropriate to the planned residential development district.
C. 
Under normal circumstances, the minimum area requirement to qualify for a planned residential development district shall be 20 contiguous acres of land. Where the applicant can demonstrate that the characteristics of his holdings will meet the objectives of this article, projects with less acreage will be considered.
D. 
The planned residential development district shall be applicable to any area in the Village of Avon where the applicant can demonstrate that the characteristics of his holdings will meet the objectives of this article.
E. 
Where common property exists, satisfactory arrangements must be made for the improvement, operation and maintenance of such common property and facilities. For the purpose of this article the term "common property" shall be defined as parcel of land together with improvements thereon, the use and enjoyment of which is shared by the owners and occupants of the planned residential development district.
F. 
Commercial, service or other nonresidential uses may be permitted or required where such uses are scaled primarily to serve the residents of the planned residential development district.
G. 
Because land is used more efficiently in a planned residential development district, improved environmental quality can often be produced with a greater number of dwelling units per gross building area than permitted in this chapter. The Village Board shall determine in each case the appropriate dwelling unit density for individual projects.
H. 
Individual buildings shall be related to each other in design, mass, materials, placement and connections to provide a visually and physically integrated development.
I. 
Treatment of the sides and rear of all buildings within the planned residential development district shall be comparable in amenity to provide a visually and physically integrated development.
J. 
All buildings shall be arranged so as to be accessible to emergency vehicles.
K. 
Each dwelling unit will be located, constructed and served by utilities in such fashion that such dwelling unit may be sold individually as a subdivision lot, condominium unit or in a similar fashion as approved by the Village Board. Dwelling units located in a building common to other dwelling units shall be separated from such dwelling units by a fire wall. Such fire wall shall extend from the foundation to the roof and shall be unpierced.
L. 
Utility lines providing electric, telephone, television or other services shall be installed underground.
A. 
Application for the establishment of a planned residential development district shall be made to the Village Board by filing an application with the Village Clerk. The Village Board shall refer the application to the Planning Board for consideration.
B. 
In order for the Planning Board and the developer to reach an understanding on basic design requirements, the developer shall submit a plan of the proposal to the Planning Board. Such a plan shall be to scale and shall be supplied in such form and quantity as the Planning Board may require and shall include the following information in addition to any other information which the applicant deems necessary to support his application:
(1) 
The principal physical characteristics of the site, including an analysis of the soils and subsoils and the locations of major stands of trees, streams, floodplains and rock outcroppings.
(2) 
The topography of the site with contour intervals of not more than five feet of elevation; areas of the site where grades exceed 3%; portions of the site with a moderate to high susceptibility to erosion, flooding or ponding; and preliminary grading plan with five-foot contour intervals.
(3) 
An analysis of the relationship of the site to the surrounding community, including significant parcels of vacant land and the character of nearby built-up areas.
(4) 
Principal ties to the community at large with respect to transportation, circulation, water supply, sewage disposal and other pertinent public utilities.
(5) 
General description of the provisions of other community facilities such as schools, fire protection and cultural facilities, if any, and some indication of how these needs are to be accomplished.
(6) 
The proposed land use plan, indicating the location, number and types of dwelling units in each residential area; parks, playgrounds, recreational structures and facilities; open spaces; common property and all other uses; and the major and minor circulation pattern with all existing rights-of-way and easements, parking areas and pedestrian ways.
(7) 
A generalized landscaping plan; the overall drainage system.
(8) 
If the development is to be staged, an indication of how the staging is to proceed.
(9) 
Any other information required by the Planning Board for the purpose of enabling it to evaluate the compliance of the proposed planned residential development with the general intent of this article.
C. 
Review of development plan by Planning Board. The Planning Board shall review the development plan and its related documents and shall render its report within 60 days of the date when all of the necessary application material has been presented. The Planning Board shall hold a public hearing on the development plan to assist it in the preparation of its report. If no report has been rendered within 60 days, unless such time limit has been extended by formal action of the Planning Board, it may be assumed by the applicant that the report is favorable, and the Village Board shall be so informed.
(1) 
A favorable report shall be based on the following findings, which shall be included as part of the report:
(a) 
The proposal implements the goals and policies of the Comprehensive Plan of the Village of Avon better than can be accomplished with conventional zoning categories.
(b) 
The proposal meets all the general requirements and any of the specific requirements of this article.
(c) 
The proposal represents a creative approach to the use of land through innovation and flexibility.
(d) 
The proposal is conceptually sound in that it meets a community need and it conforms to accepted design standards in the proposed roadway system, land use configuration, open space system and drainage system.
(e) 
There are adequate services and utilities available or proposed to be made available in the construction of the development.
(2) 
An unfavorable report shall state clearly to reasons therefor and, if appropriate, point out to the applicant what might be necessary to receive a favorable report.
D. 
Application for planned residential development districting. Upon receipt of a report from the Planning Board, the Village Board may then consider the application for the planned residential development district as any other application for amendment of the Zoning Map and may establish a date for and conduct a public hearing for such an amendment as provided by law.
E. 
Zoning for planned residential development. If the Village Board grants the redistricting to planned residential development, the Zoning Map shall so be amended. When rezoning a parcel, the Village Board shall establish the maximum number of dwelling units therein and may, if it feels it necessary in order to fully protect the public health, safety and welfare of the community, attach to its zoning resolutions any additional requirements for the applicant to meet. Such requirements may include, but not be limited to, visual and acoustical screening, land use mixes, order of construction and/or occupancy, vehicular and pedestrian circulation systems, availability of sites within the area for necessary public services such as schools, fire houses and libraries, protection of natural and/or historic sites and other physical or social demands. Any application for planned residential development shall be subject to site plan review as provided in Article XII of this chapter. The Village Board shall further approve the final site plan prior to effectuation of the Zoning Map amendment and the issuance of a building permit by the Building Inspector. Such site plan may constitute the entire development or, if staged, only a portion thereof. If the project is to be constructed in stages, only that portion receiving site plan approval may be effectuated.
F. 
The fact that an application complies with all of the specific requirements set forth herein shall not be deemed to create a presumption that the proposed development would result in a more efficient and desirable development than could be accomplished by the use of conventional zoning categories or that it would result in compatibility with the surrounding development, nor shall such compliance, by itself, be sufficient to require the approval of the development plan or the granting of the zoning amendment to create a planned residential development. Such a zone shall be recommended or rejected by the Planning Board on a finding that the application is or is not proper for the comprehensive and systematic development of the Village of Avon.
G. 
The Village Board shall require the applicant to furnish a letter of credit or cash for the faithful performance of the plan and specifications as finally approved. The letter of credit or cash furnished for the installation of the required improvements shall be in the amount fixed by the Village Board and approved as to form, sufficiency and manner of execution. The letter of credit shall be issued in favor of the Village of Avon and shall assure the complete installation of the required improvements within such period, not longer than three years, as shall be fixed by the Board. The Board, with the consent of all parties to the letter of credit, may extend such period upon written application of the developer filed with the Village Clerk prior to the date of expiration or upon its own motion at any time prior to a declaration of default in the letter of credit by the Village Board. The letter of credit shall be issued to the Village for an initial minimum period of one year.
H. 
The installation or improvements of any development shall be subject to observation at all stages by representatives of the Village of Avon, and for such purposes, free access shall be accorded and requested information shall be promptly submitted. All costs of observation, including testing of materials, shall be paid for solely by the developer. A sufficient sum shall be provided by the developer in either a letter of credit or cash prior to project beginning.