A.
There is herewith established a use district to be
known as the "Planned Development District."
B.
This article shall operate as a conditional use and
as an alternative to the permitted uses and regulations applicable
to existing districts and shall be applicable only to those lands
which may be hereafter zoned planned development by the Village Board.
Basic underlying zoning requirements for lands overzoned as a planned
development district shall continue in full force and effect and shall
be solely applicable until such time as the Village Board grants final
approval as hereinafter provided.
A.
The purpose of the Planned Development District and
the regulations applicable to the same is to encourage and provide
means for effecting desirable and quality development by permitting
greater flexibility and design freedom than that permitted under the
basic district regulations and to accomplish a well-balanced, aesthetically
satisfying Village and economically desirable development of building
sites within a planned development district.
B.
These regulations are established to permit latitude
in the development of the building site if such development is found
to be in accordance with the purpose, spirit and intent of this chapter
and is found not to be hazardous, harmful, offensive or otherwise
adverse to the environment, property values or the character of the
neighborhood or the health, safety and welfare of the community.
C.
It is intended to permit and encourage diversification,
variation and imagination in the relationship of uses, structures,
open spaces and heights of structures for developments conceived and
implemented as comprehensive and cohesive unified projects. It is
further intended to encourage more rational and economic development
with relationship to public services and to encourage and facilitate
preservation of open lands.
As used in this article, the following terms
shall have the meanings indicated:
Such 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,
except 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 highway or have direct access over a private
right-of-way having the minimum width of 90 feet.
A.
Basic zoning uses. The following uses are permitted
in a planned development district upon obtaining all necessary approvals
required under this article:
(1)
All uses permitted under the basic zoning regulations
applicable to the zoning district in which the particular property
is located. Where a building site is situated in more than one use
district, all uses permitted under the basic zoning regulations of
one district may be extended into the adjacent district, but only
under the condition that the maximum area of such extension shall
not exceed an area computed to be 50% of the smaller of the areas
of the portion of the property located in either district.
(2)
Such additional uses, or mixture of uses, as are recommended
by the Regional Planning Committee and approved by the Village Board
to qualify under this article.
B.
Building restrictions. When all necessary approvals
required under this article are obtained, the building height, size
and floor area, lot size, setback, side and rear yard, density and
open space requirements under the basic zoning regulations shall not
be applicable, but rather such requirements as are made a part of
the approved precise development plan and the plan itself shall be
construed to be and shall be enforced as part of this chapter.
Normal standards or operational policies regarding right-of-way widths, provisions for sidewalks, streetlighting and similar environmental design criteria shall not be mandatory in a planned development, but precise standards satisfactory to the Village, pursuant to the criteria as set forth in § 206-34 hereof, shall be made a part of the approved plan and shall be enforceable as a part of this chapter.
The developer shall develop the site in accordance
with the terms and conditions of development presented to and approved
by the Village Board. Any changes or additions to the original approved
development site structures or plans of operation shall require resubmittal
and recommendation by the Regional Planning Committee and approval
by the Village Board.
Failure to comply with the conditions, commitments,
guaranties or recommendations established in the approval of such
development project shall be cause for rescinding the approval of
the same. Upon notice given by the Building Inspector, the developer
shall be required to appear before the Village Board at its next 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:
A.
Rescind its approval, whereupon such rescission 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 improvement, shall become effective on the 31st
day following mailing by certified mail to the developer at his or
her last known address of a written notice of such rescission; or
B.
Adjourn such hearing for a period not to exceed 65 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 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, but if the developer is not then in substantial compliance or does not establish to the reasonable satisfaction of the Board that there will be compliance in the future, the Board will proceed in accordance with Subsection A immediately above.
As a basis for determining the acceptability
of a planned development proposal, the following criteria shall be
applied to the development plan, with specific consideration as to
whether or not it is consistent with the spirit and intent of this
chapter, has been prepared with competent professional advice and
guidance and produces significant benefits in terms of environmental
design.
A.
Character and intensity of land use. The uses proposed
and their intensity and arrangement on the site shall be of such a
visual, aesthetic and operational character that they:
(1)
Are compatible with the physical nature of the site,
with particular concern for preservation of natural features, tree
growth and open space.
(2)
Would produce an attractive environment of sustained
aesthetic and ecologic desirability, economic stability and functional
practicality compatible with the general development plans for the
area as established by the community.
(3)
Would not adversely affect the anticipated provision
for schools, sewerage, water, snow removal, garbage pickup, fire protection
or other municipal services.
(4)
Would not create a traffic or parking demand incompatible
with the existing or proposed facilities to serve them.
B.
Economic feasibility and impact. There shall be provided
satisfactory evidence that the development plan is economically feasible,
has available adequate financing and will not adversely affect the
economic prosperity of the Village or the values of surrounding properties.
C.
Engineering design standards. The width of rights-of-way,
width and location of streets or other paving, requirements for outdoor
lighting, location of sanitary and storm sewer and water lines and
provision for drainage and other similar environmental engineering
considerations shall be based upon a determination as to the appropriate
standards necessary to implement the specific function in the specific
situation; provided, however, that in no case shall construction standards
be less than those necessary to ensure the public safety and welfare.
D.
Preservation and maintenance of open space. Adequate
provision shall be made for the permanent preservation and maintenance
of common open space and rights-of-way either by private reservation
or dedication to the public.
(1)
In the case of private reservation, the open area
to be reserved shall be protected against building development by
conveying to the Village, as part of the conditions for project approval,
an open space easement over such open areas restricting the area against
any future building or use except as is consistent with that of providing
landscaped open space for the aesthetic and recreational satisfaction
of the surrounding residences. Buildings or uses for noncommercial
recreational or cultural purposes compatible with the open space objective
may be permitted only where specifically authorized as part of the
development plan or, subsequently, with the express approval of the
Village Board following the recommendation of building, site and operational
plans by the Regional Planning Committee.
(2)
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 sewers, water and
other required municipal services to the project area.
(3)
The care and maintenance of such open space reservations
and rights-of-way shall be assured either by establishment of an appropriate
management organization for the project or by agreement with the Village
for establishment of a special service district for the project area,
on the basis of which the Village shall provide the necessary maintenance
service and levy the cost thereof as a special assessment on the tax
bills of properties within the project area. In any case, the Village
shall have the right to carry out, and levy an assessment for the
cost of, any maintenance which it feels necessary if it is not otherwise
taken care of to the satisfaction of the Village. The manner of assuring
maintenance and assessing such cost to individual properties shall
be determined prior to the approval of the final project plans and
shall be included in the title to each property.
(4)
Ownership and tax liability of private open space
reservations and rights-of-way shall be established in a manner acceptable
to the Village and made part of the conditions of the plan approval.
E.
Factors and requirements to be considered by the Regional
Planning Committee and Village Board:
(1)
Height of structures.
(2)
Auto parking facilities.
(3)
Screening and fencing.
(4)
Landscaping.
(5)
Setbacks.
(6)
Open space reservations.
(7)
The site itself as it relates to neighborhood environment
and compatibility with existing neighborhood characteristics.
(8)
Nature and use of the proposed structures and design,
architecture and materials to be used.
(9)
Adequacy of traffic pattern and appearance of proposed
parking areas.
(10)
Proposed roadway, driveway and walk locations.
(11)
Highway access to the site, number of openings
and location of the same.
(12)
Traffic generation, number of vehicles parked
and rate of turnover per hour.
(13)
Drainage.
(14)
Capacities required for sewer, water and other
necessary utilities.
(15)
Proposed methods and hours of operation.
(16)
Educational capacity capabilities (number of
families and school load).
(17)
Economic impact on the Village, its inducements,
attractions and detractions.
(18)
Lighting.
(19)
Comparison of open space as required by the
underlying basic zones with that of the proposed project.
(20)
Operational control.
(21)
Commencement and completion dates.
(22)
Highway dedication.
(23)
Deed restrictions and sureties deemed necessary
to protect the health, safety and welfare of the community.
(24)
Access. Every dwelling unit or interior lot
shall have access to a public street either directly or via an approved
private road, pedestrian way, court or other area dedicated to public
or private use or common element guaranteeing access. Permitted uses
are not required to front on a dedicated public street. Access to
buildings or interior lots may be by approved private streets in a
planned development district, provided that such streets arc no further
than 200 feet from the building served. Private streets shall be a
minimum of 24 feet wide with curbs and internal drainage (an urban
section design) or 32 feet wide with roadside ditch drainage (a rural
section design) and pavements equal or better in quality to Village
minimum design standards.
[Amended 4-6-2022 by Ord. No. 04062022]
(25)
Such other limitations, conditions or special requirements characteristic
of the use as may be deemed necessary to protect the health, safety
or welfare of the Village.
[Added 4-6-2022 by Ord. No. 04062022]
F.
Implementation schedule. The proponents of a planned
development shall submit a reasonable schedule for the implementation
of the development to the satisfaction of the Regional Planning Committee
and the Village Board, including suitable provisions for assurance
that each phase could and shall be brought to completion in a manner
which shall not result in adverse effect upon the community as a result
of termination at the end of any phase (and the Village may require
the furnishing of a suitable and sufficient performance bond).
B.
Preliminary approval.
(1)
Notice and fee. A person desiring to develop a particular site as a planned development district project shall apply to the Building Inspector on such forms as shall be provided by the Village and shall pay a fee as set forth in Chapter 102, Fees and Penalties, which shall accompany such written application. Such application shall contain the names, mailing addresses and telephone numbers of the owners and developers and a description of the development site.
(2)
Notice to Committee. The Building Inspector shall
inform the Regional Planning Committee of such desire and shall secure
a date for preliminary discussion between the developer and the Regional
Planning Committee and shall notify such developer of such date.
(3)
Committee recommendations. The Regional Planning Committee,
after such preliminary discussions and such further discussions as
may be required with the developer, shall report, in writing, such
proposed project development to the Village Board, together with its
recommendations for either approval or disapproval of the same. Such
report and recommendation of the Committee shall be made to the Village
Board no later than four months from the date of the filing of the
application with the Building Inspector. A recommendation of approval
by the Committee shall in no way be binding on the Village Board.
The Village Board shall either approve or disapprove the proposed
development project, without modification. Any such approval shall
be a preliminary approval only and shall not bind the Village Board
regarding final approval.
(4)
Information required. The following information shall
be provided by the applicant in adequate detail to satisfy the Regional
Planning Committee for its recommendation regarding approval:
(a)
A statement describing the general character
of the intended development.
(b)
An accurate map of the project area, showing
the nature, use and character of abutting properties, prepared by
a registered surveyor.
(c)
A general development plan of the proposed project showing the following information in sufficient detail to make possible the evaluation of the criteria for approval as set forth in § 206-34:
[Amended 3-4-1997 by Ord. No. 030497C]
[1]
The pattern of public and private roads, driveways
and parking facilities.
[2]
The size and location of lots.
[3]
The type, size and location of structures.
[4]
The location of sanitary and storm sewer lines,
water mains and lighting.
[5]
The location of recreational and open space
areas reserved or dedicated for public uses, such as school, park,
etc.
[6]
General landscape treatment.
(e)
Architectural drawings and sketches illustrating
the design and character of proposed structures.
(f)
General outline of intended organization structure
related to property owner's association, deed restrictions and private
provision of common services, if any.
(5)
Amendment of preliminary approval. The recommendation
of the Regional Planning Committee and the preliminary approval of
the Village Board shall be based on and include as conditions thereto
the building site and operational plans for the development as approved,
as well as all other commitments offered or required with regard to
project value, character or other factors pertinent to an assurance
that the proposed development will be carried out basically as presented
in the approved plans. Detailed construction and engineering plans
need not necessarily be completed at this time, but the approval of
such preliminary plan shall be conditioned upon the subsequent submittal
and approval of more specific and detailed plans. Any subsequent change
or addition to the plans or use shall first be submitted to the Regional
Planning Committee, and if in the opinion of the Regional Planning
Committee such change or addition constitutes a substantial alteration
of the original plan, it shall timely make an appropriate recommendation
to the Village Board relating to an amendment of the preliminary approval.
C.
Final approval.
(1)
Petition for final approval. After the Village Board
has issued its preliminary approval of the proposed plan, the developer
may file with the Village Clerk-Treasurer a petition executed by the
owner of the property to be developed, or his or her agent, for final
approval, stating that he or she seeks to develop such property under
the provisions of this article. Such petition shall include (unless
previously submitted):
(a)
The names, mailing addresses and telephone numbers
of any additional owners and developers of the development site and
the names of owners and developers listed on the application who no
longer have an interest in the project, in the event that there has
been a change in owners or developers since the date of the application.
(b)
An accurate topographical map showing topographical
data at two-foot intervals and extending 100 feet beyond the exterior
boundaries of the site, showing all public rights-of-way and all buildings
accurately located within 100 feet of the exterior boundaries of such
site. Such map shall contain all available utilities, including drainage
and the capacities thereof and high-water elevations along rivers.
(c)
A scale plot plan showing the location, type
and size of every proposed structure and its proposed use and driveways,
driveway access roads, parking facilities, lighting appliances, recreation
areas, loading docks, open spaces, screening, fencing and landscaped
areas and utility easements.
(d)
A statistical table showing the size in square
feet, the acreage (exclusive of public streets), proposed population
densities and open areas (both in square feet and as a percentage
of the project area).
(e)
Architectural drawings of all buildings and
structures and sketches showing the design characteristics and treatment
of exterior elevations and typical floor plans of proposed structures.
(f)
A table showing the approximate costs of structures.
(g)
A statement showing the starting and completion
dates of the project.
(h)
Any other pertinent data, statements, drawings
or plans which may be required by the Regional Planning Committee
or the Village Board.
(i)
The following additional information for commercial
and industrial developments:
(2)
Regional Planning Committee hearing. After receipt
of a petition and the filing of the required data, the Regional Planning
Committee shall hold a public hearing, and such additional public
hearings as may be desirable, upon publication of a Class 1 notice
in the official newspaper of the Village. Any such hearing may be
adjourned without further publication. Following such hearing, the
Committee shall recommend to the Board that the petition be either
approved or disapproved.
(3)
Village Board hearing. Upon receipt of the recommendation
of the Regional Planning Committee, the Village Board shall hold a
public hearing on whether or not to give final approval to the proposed
project. The Village Board shall give notice of such hearing by publication
of the same as a Class 3 notice in the official newspaper of the Village
and may adjourn such hearing at the time thereof without further publication.
Within a reasonable time following such hearing, the Board shall either
issue a final approval or disapprove such petition.
(4)
Effect of final approval by Village Board. No construction
shall be commenced on the building site until the Board has granted
final approval, except such construction as shall be in compliance
with both the requirements of the underlying zone and proposed planned
development as submittal for final approval. Neither preliminary approval
nor final approval shall constitute approval for construction of any
building or structure, but approval for such construction shall be
obtained through the procedure for applying for and obtaining a building
permit as is now and as shall be hereafter prescribed elsewhere in
the Code of the Village and pursuant to state law.[1]
(5)
Amendment of final approval. A petition for an amendment to the final approval shall require an additional fee as set forth in Chapter 102, Fees and Penalties. No subsequent change or addition to the planned development after final approval shall be allowed or permitted until approved by the Village Board after hearings and the recommendation of the Regional Planning Committee, all in accordance with the procedure and requirements of Subsection C(1), (2), (3) and (4).
