A.
Planned Development Districts (PDD) shall have unique characteristics
and circumstances of geography, topography, surrounding development,
special goals and objectives of the community, and special factors
pertaining to public health and safety, permanence of buildings, aesthetics,
and intrinsic as well as extrinsic values of property.
B.
The PDD regulations and procedures may apply to parcels of relatively
small size as well as large-scale development, depending upon the
nature of the proposed uses and improvements and their relationship
with other surrounding uses and the overall characteristics of the
area's location.
C.
PDDs are intended to encourage innovations in sustainable land development
and renewal techniques so the growing demands of the community may
be met with greater flexibility and variety in type, design and layout
of sites and buildings and by the conservation and more efficient
use of open spaces, preservation of other natural resources and provision
of other amenities generally enhancing Village life.
D.
Applications should encourage an efficient use of land and of public
or private services and utilities that result in benefits to the community
at large.
A.
Proposal landownership and applicants.
(1)
A PDD may be proposed by a private person or entity, the Planning
Board, Village staff, the Village Board or by any other public body,
public benefit corporation, development agency or government, whether
or not actual development of the proposal is to be carried out by
the proponent or under sponsorship of the proponent.
(2)
Any person, corporation, partnership or association having an ownership
interest in a proposed district, or any group of owners united in
interest, acting jointly and pursuant to any agreement to carry out
the proposal in separate ownership, may propose a PDD in accordance
with the procedures hereinafter established.
(3)
A parcel, parcels, district or site proposed for planned development
need not be under single ownership where the proposed development
consists of a group of structures or improvements capable of being
developed separately but in accordance with a single, unitary plan,
and in which the separate owners indicate their express intentions
to enter into such private agreements between or among themselves
as will facilitate their mutual enterprise, and assure its completion
as planned to the satisfaction of the community.
B.
Minimum area. Tracts of land under consideration for a Planned Development
District shall be a minimum of three contiguous acres.
C.
Land uses.
(1)
Except as required in Subsection C(2) below, any land use permitted in the Village on Schedule A: Permitted Uses[1] may be proposed to be permitted in a PDD; however, permitting
a single type of use is not the intention of the PDD. The compatibility
of uses within the PDD and with adjacent properties shall be addressed
by the applicant and carefully reviewed by the Planning Board.
[1]
Editor's Note: Schedule A is included as an attachment to
this chapter.
D.
Lot development and density. To more effectively utilize land in a planned development, improved environmental quality can often be produced with greater density than is usually permitted in traditional zoning districts. The Village Board shall determine in each case the appropriate land use intensity and/or dwelling unit density for individual projects with regard to setbacks, imperviousness and building height, except as provided in Subsection E(2) below. The determination of land use intensity ratings or dwelling unit density shall be thoroughly documented, including all facts, opinions and judgments justifying the selection of the densities.
E.
Open space requirements.
(1)
Open space totaling not less than 20% of the total PDD shall be provided in perpetuity unless the requirement of Subsection F below is met.
(2)
Parking areas, roads, house sites, other impervious surfaces and
their improvements shall not be included in the calculation to determine
the amount of available open space. However, the entire tract, apart
from these exceptions, shall be considered in determining the required
amount of open space. The following facilities or improvements may
be located on open space land: stormwater systems, bike paths, walking
trails and other common community facilities that do not involve buildings
or imperviousness, such as playgrounds.
(3)
The location, size and character of the open space must be suitable
for the PDD and must either maintain existing natural areas or be
an amenity for recreational purposes.
(4)
The proposed development design shall strictly minimize disturbance
of environmentally sensitive areas. The Planning Board shall encourage
areas of open space to be connected, where appropriate. Where important
open space areas exist contiguous to the subject parcel, every effort
shall be made to locate the on-site protected open space adjacent
to these open space areas.
(5)
A recreational fee in lieu of land, as set forth in the Village Fee
Schedule, may be imposed to accommodate the foreseeable recreational
needs of the residents of the proposed development, should the Planning
Board determine that the open space lands set aside will not provide
adequately for these recreational needs.
(6)
The preferred way of protecting open space is for the applicant to
provide deed covenants and restrictions acceptable to the Village
Attorney. Conservation easements will also be considered in a case
where they are transferred to a conservation organization or to a
homeowners' association acceptable to the Village. However, regardless
of how open space is permanently preserved, it is required that the
Village be granted third-party enforcement rights to enforce the terms
of all restrictions, easements or other legally binding instruments
providing for open space. Such provisions shall include that the Village
shall be entitled to reimbursement for all costs, expenses and attorney's
fees incurred in connection with such enforcement, to be collected
from the party against whom enforcement is sought.
(7)
Unless otherwise agreed to by the Planning Board, the cost and responsibility
of maintaining common open space and facilities shall be borne by
the homeowners' association, conservation organization, or private
owner(s). The Planning Board shall have the authority to require a
bond or other security measure to ensure proper maintenance of open
space and the facilities located on the subject parcel.
F.
Public access easement for trails. The Village Board, upon recommendation from the Planning Board, may waive the open space requirement or a portion of the open space requirement of Subsection E above if the proposed PDD includes a public access easement for the creation of community trails or multi-use paths that would connect to other town or Village pedestrian or multi-use path amenities and systems.
PDD proposals may be made at the earliest planning stage practical
to allow time for a complete evaluation and consideration of alternative
plans or methods, to assess the full impact and consequences of the
proposal, to formulate modifications or conditions as may be needed.
The Planning Board or the Village Board may from time to time promulgate
such guidelines, rules and regulations as may be deemed necessary
for the orderly presentation and processing of such proposal in addition
to those contained in this article, which guidelines may also establish
permanent or temporary priorities on the type, location or scale of
development proposals.
A.
All proposals for PDDs shall be submitted directly to the Planning
Board through the Code Enforcement Officer in consultation with the
Office of Economic Development.
B.
The proposal shall include, at a minimum, a sketch plan drawn to
scale, though it need not be to the precision of a finished engineering
drawing, and it shall clearly show the following information:
(1)
Delineation of the various residential areas, indicating for each
area:
(a)
General extent, size and composition of all dwelling units.
(b)
Approximate percentage allocation by dwelling unit type, i.e.,
single-family, two-family, townhouse, multifamily.
(c)
Description of the intended market structure, i.e., luxury,
middle-income, affordable, elderly units, family units, etc.
(2)
All development height and bulk standards; and calculation of percent
of permeable area.
(3)
The location of any nonresidential uses and the approximate square
footage of all nonresidential uses.
(4)
The general outlines of the interior roadways' and sidewalk
systems' intended road ownership, and all existing rights-of-way
and easements, whether public or private.
(5)
Delineation of open space, trails or recreational areas.
(6)
The overall drainage system.
(7)
A topographic map. If grades exceed 5% or portions of the site have
a moderate to high susceptibility to erosion or a moderate to high
susceptibility to flooding and ponding, the topographic map must show
contour intervals of not more than two feet of elevation, along with
an overlay outlining the above susceptible soil areas, if any. If
grades are less than 5%, the topographic map may be at ten-foot contour
intervals.
(8)
Sufficiency of water supply and sewage disposal.
(9)
General description of the provisions of community facilities, such
as schools, fire protection services, transportation and cultural
facilities and some indication of how these needs are proposed to
be accommodated.
(10)
A location map showing existing uses and names of owners of
abutting lands.
(11)
A full environmental assessment form.
(12)
Evidence of how the developer's proposed mix of land uses
meets existing community demands.
(13)
A general statement as to how common open space is to be owned
and maintained.
(14)
If the development is to be phased, a general indication of
how the phasing is to proceed.
(15)
Evidence of the applicant's financial competence to carry
out the plan.
C.
The Village staff, or their professional planning consultants, shall
prepare a professional opinion regarding the verification of data
shown in the proposal, the proposal's relationship with the existing
zoning and with the Comprehensive Plan, the possible effects of the
proposal upon the surrounding properties, the general harmony with
the essential character of the area, the aesthetic and design qualities
of the proposal and such other factors or considerations as may be
appropriate in considering the merits of the proposal.
D.
After hearing from the proponent(s), the Planning Board shall consider
the proposal and make findings based on the following criteria:
(1)
The proposal substantially conforms with the Canton Comprehensive
Plan and other adopted Village plans, with regional comprehensive
plans and with other manifest expressions of municipal development
policy.
(2)
There is a need and/or community benefit for the proposed development
in the proposed location and there is a reasonable probability of
economic success of the proposal.
(3)
The existing character of the neighborhood will not be adversely
affected and adequate safeguards are provided to minimize possible
detrimental effects of the proposed use on adjacent properties and
on the neighborhood in general.
(4)
There is ample provision for water supply, sewer, storm- and surface
water drainage and other utilities.
(5)
There is adequate access to schools, police and fire protection,
parks and recreational facilities and other community facilities and
public services.
(6)
There are no social, economic or cultural consequences likely to
follow the proposed development that are inconsistent with desirable
community standards or public policy.
(7)
The location, height and bulk of buildings and structures on the
site are in proportion to each other and relate well to other structures
and visual perspectives in the vicinity.
(8)
Careful attention has been given to the patterns of pedestrian and
bicycle circulation and to the effective use and design of open spaces,
landscaping, exterior facades and amenities.
(9)
Vehicular access is adequate to and within the site, parking and
loading spaces are adequate and well located relative to the uses
and structures to be served and there are no conflicts between vehicular
traffic and the other uses and activities proposed.
(10)
The proposed installation of driveways, lighting, signs, landscaping,
fencing, screening and other site details are generally in harmony
with the proposed structures, with adjacent properties, with the rights
and interests of the general public and with the design qualities
and objectives suggested by this chapter and the Planning Board.
E.
Upon submission of all final plans and specifications for the development,
the matter shall be placed on the agenda of the Planning Board at
its next regular meeting.
F.
In considering the final plans and specifications for a development
in a PDD, the requirements for lot area, lot width, building coverage,
building heights and other bulk, density or parcel specifications
of this chapter, or the other physical requirements of this chapter
shall be observed as general guidelines, and may be more or less restrictive
in accordance with the recommendations of Village staff, or the planning
consultant, or in accordance with criteria or guidelines promulgated
or adopted from time to time by the Planning Board.
G.
The Planning Board may adopt a resolution recommending to the Village
Board that the parcel be rezoned to the designated PDD and shall transmit
such resolution and the other supporting materials related to the
proposal to the Village Board. The resolution may contain conditions,
restrictions or limitations that the Planning Board deems requisite
to its recommendation.
H.
If the Planning Board declines to recommend rezoning, or in the event
that the Planning Board does not act upon the proposal within a period
of 90 days after the date the complete application has been submitted
as determined by both the Village staff and the Planning Board, the
proponent may submit the proposal directly to the Village Board with
a request that said Village Board consider the proposal upon its own
motion. The proponent shall, in such instance, make full disclosure
to the Village Board of the reasons for Planning Board failure or
refusal to approve. Before taking final action upon such proposals,
the Village Board shall hear and consider any statements or opinions
of the Planning Board as to the merits of the proposal or reasons
for its failure or refusal to approve.
A.
Upon receipt of a resolution of the Planning Board recommending a zone change for the PDD, the Village Board shall proceed in accordance with the amendment provisions of Article XVI.
B.
Referral to the Planning Board of the proposed amendment shall be
deemed waived unless a substantial change in the proposal shall occur
after the date of the Planning Board recommendation.
If development authorized by the Planning Board in a PDD has not commenced and been diligently executed within 24 months from the date when the final plans and specifications were approved by the Village Board, the Village Board may upon its own motion institute an amendment to rezone such PDD back to the previous zoning district in accordance with the amendment provisions of Article XVI.
A.
Any changes to an approved PDD that are determined to be exempt from site plan review pursuant to § 325-89 may be approved by the Code Enforcement Office and do not require further approval by the Village Board.
B.
Any changes or minor amendments to an approved PDD may be reviewed
and acted upon by the Planning Board through the site plan review
process.
C.
Changes or amendments to an approved PDD that are determined by the
Code Enforcement Office to be beyond the scope of the Planning Board's
authority shall still be reviewed by the Planning Board, but such
changes shall not become effective until approved by the Village Board
in accordance with the amendment provisions of this chapter.
