The purpose of this subchapter is to provide regulation for planned unit developments (PUD) which are of a significantly different character than traditional land development. Specific standards and exceptions have been developed to govern the actions and recommendations of the Plan Commission regarding these developments.

(Ord. 28-1984, passed 8-14-84)

   It shall be the policy of the city to promote progressive development of land and construction thereon by encouraging planned unit developments to achieve the following.

   (A)   A maximum choice of living environments by allowing a variety of housing and building types and permitting an increased density per acre and a reduction in lot dimensions, yards, building setbacks, and area requirements.

   (B)   A more useful pattern of open space and recreation areas and, if permitted as part of the project, more convenience in the location of accessory commercial uses and services.

   (C)   A development pattern which preserves and utilizes natural topography and geologic features, scenic vistas, trees, and other vegetation, and prevents the disruption of natural drainage patterns.

   (D)   A more efficient use of land than is generally achieved through conventional development resulting in substantial savings through shorter utilities and streets.

   (E)   A development pattern in harmony with land use density, transportation facilities, and community facilities objectives of the comprehensive plan.

(Ord. 28-1984, passed 8-14-84) Penalty, see § 155.999

   Whenever there is a conflict or difference between the provisions of this section and those of the other sections of this chapter, the provisions of this section shall prevail. Subjects not covered by this section shall be governed by the respective provisions found elsewhere in this chapter. A planned unit development shall conform to the following.

   (A)   The number of dwelling units erected shall not exceed the number permitted by the regulations of the district in which it is located unless a density increase is permitted as per § 155.083.

   (B)   All uses that may be allowed within the land use district may be permitted within a PUD.

   (C)   Up to 10% of the gross land area in a residential district may be directed to commercial, industrial, public, and quasi-public uses that are not allowed within the land use district, provided there is a favorable finding by the Plan Commission, as provided below.

      (1)   The uses permitted by the exceptions are necessary or desirable and are appropriate with respect to the primary purpose of residential development.

      (2)   The uses are not of such nature or so located as to exercise a detrimental influence on the development nor on the surrounding neighborhood.

      (3)   The uses are intended to serve principally the residents of the PUD.

      (4)   The uses are planned as an integral part of the PUD.

      (5)   The uses be located and so designed as to provide direct access to a collector or an arterial street without creating traffic congestion or hazard.

   (D)   A minimum parcel area of ten acres is required for PUD.

   (E)   There shall be at least 10% of the land area in the development provided for park and recreational purposes which shall not be covered by buildings, parking lots, driveways, or streets. No more than 50% of this usable open space shall be covered by water.

   (F)   If any open space or recreational facility is to be used solely by the residents of the project, adequate provisions shall be made for assessments against the property within the project so that such facilities can be properly maintained and operated. In the event that an organization established to own or maintain common open space, or any successor organization, shall at any time after establishment of the PUD fail to maintain the common open space in reasonable order and condition in accordance with the development plan, the city shall take remedial actions to cause the common open space to be properly maintained, the cost of which shall be borne by the residents of the PUD.

   (G)   All utilities, including communication and electric systems, shall be placed underground within the limits of the development. Appurtenances to these systems which can be effectively screened may be excepted.

   (H)   The design and designation of private streets shall be subject to the approval of the Plan Commission.

   (I)   The development plan shall include a common water supply and distribution system, either public or private, which shall meet the approval of the Plan Commission and shall be built at no expense to the local government.

   (J)   The development plan shall include a sanitary sewer system connected to a public sewer system, if available within a reasonable distance from the project, or it shall provide for a central collection and treatment system in accordance with the requirements of the Plan Commission.

   (K)   The plan of the project may provide for the integral and harmonious design of buildings in commercial and industrial areas, and the parcels shall be developed in park-like surroundings utilizing landscaping and existing woodlands as buffers to screen lighting, parking areas, loading areas, and other such features from the adjoining and surrounding residential areas.

   (L)   No building is permitted to exceed the height limit of the district in which it is located by more than 10%.

   (M)   All previously noted parking standards shall remain in effect for all PUDs.

   (N)   Nonresidential areas must be developed in equal ratio to residential areas. This is required to avoid the total development of residences without the accompanying services.

(Ord. 28-1984, passed 8-14-84) Penalty, see § 155.999

   To provide for an incentive for quality PUD, the Plan Commission may authorize an increased residential density of up to 20% of the allowable number of dwelling units. In allowing for density increase, the Commission shall be guided by the following criteria.

   (A)   If open space provided exceeds 20% of land area, additional 5% increase in residential density allowed.

   (B)   If land donated or dedicated and accepted for public purposes such as public buildings, schools, and parks, an additional 5% increase in residential development is allowed.

   (C)   If there is significant landscaping, screening, and site planning in development, an additional 5% increase in residential development is allowed.

   (D)   If community facilities and amenities as trails, lakes, plaza fountains, tennis courts, and the like, are provided in PUD, an additional 5% increase in residential development is allowed.

(Ord. 28-1984, passed 8-14-84) Penalty, see § 155.999

   The application for preliminary and final approvals of a development plan shall be as prescribed below and shall be in lieu of all other procedures or approvals otherwise required pursuant to §§ 155.090 -155.097. Prior to submission of a development plan for preliminary approval, an optional step, the pre-application conference, is encouraged.

   (A)   Pre-application conference. At the pre- application conference, the applicant discusses all aspects of the proposed development, including rough sketches of site and building plans, with the Plan Director. This conference enables the developer to obtain the views and input of city officials before more expensive engineering and architectural work is begun. Scheduling a pre- application conference is handled through the Plan Director.

   (B)   Application for preliminary approval.

      (1)   Filing. The application for preliminary approval of a development plan shall be made by delivering three copies of the plan to the Plan Director. The Plan Director shall forward two copies of the plan to the Plan Commission and shall maintain one copy for public review.

      (2)   Fees. The application for preliminary approval shall be filed by the applicant in such form upon the payment of a filing fee in accordance with the schedule annually affixed by resolution of the Common Council.

      (3)   Information required. The application shall contain in the form specified by the Plan Commission the following information and such additional information as may be required by the Commission to perform its duties.

         (a)   All requirements for site plan approval in § 155.039.

         (b)   The nature of the applicant’s interest in the land to be developed.

         (c)   The density of land use to be allocated to parts of the site to be developed.

         (d)   The location and size of the common open space and the form of organization proposed to own and maintain the common open space.

         (e)   The substance of covenants, grants, or easements, or other restrictions proposed to be imposed upon the use of the land and structures, including proposed easements or grants for public utilities.

         (f)   The location and design of all screening, and indication of the type and height of the screening.

         (g)   The required modifications in the city’s land use regulations otherwise applicable to the subject property.

         (h)   In the case of development plans which call for development over a period of years, a schedule showing the proposed times within which applications for final approval of all sections of the PUD shall be filed. This schedule must be updated annually on the anniversary of its original approval until the development is completed and accepted.

         (i)   A written statement of the landowner setting forth the reasons why, in his opinion, a PUD would be in the public interest and would be consistent with the comprehensive plan for the development of the city.

   (C)   Review procedures. One copy of the application for preliminary approval shall be retained by the Plan Commission and referred to the Common Council within 30 days with the Commission’s recommendations. The second copy shall be forwarded to the City Engineer for review and comment. The recommendations of the City Engineer shall be incorporated into the Commission’s recommendation to the Council.

      (1)   Public hearing. The Plan Commission shall hold a public hearing prior to making any recommendation on a preliminary application.

      (2)   Action by Common Council. The Common Council, within 30 days following receipt of recommendations from the Plan Commission, shall make one of the following determinations and convey such decision in writing to the applicant.

         (a)   Grant preliminary approval of the development plan as submitted.

         (b)   Grant preliminary approval subject to the specified conditions not included in the development plan as submitted.

         (c)   Deny preliminary approval to the development plan.

      (3)   Failure to act. Failure to act within the specified time period shall constitute preliminary approval of the development plan as submitted.

      (4)   Approval with condition. If preliminary approval is granted subject to conditions, the applicant may refuse to accept the conditions, in which case the Common Council shall be deemed to have denied approval of the development plan. The applicant shall reject these conditions by notifying the Common Council within 30 days after receiving a copy of the decision of the Council. If the applicant does not, within the prescribed time period, notify the Common Council of his refusal to accept all the conditions, preliminary approval of the development plan, with all attached conditions, shall stand as granted.

      (5)   Criteria for approval. A development plan shall be approved only if it is found to preserve the objectives of this chapter and if it is consistent with the comprehensive plan for the city.

      (6)   Findings of fact. The decision granting or denying preliminary approval shall be accompanied by or include a detailed analysis containing findings of fact and correlations relating to the following criteria.

         (a)   A detailed itemization of respects in which the proposed PUD is consistent with the city’s comprehensive plan, and the respects in which it is not consistent.

         (b)   Any respects in which the proposed PUD departs from zoning and subdivision regulations otherwise applicable to the subject property, including but not limited to density, bulk, and use, and the reasons why the departures are or are not deemed to be in the public interest.

         (c)   The purpose, location, and amount of the common open space in the proposed PUD, the reliability of the proposals for maintenance and conservation of the common open space, and the adequacy or inadequacy of the amount and purpose of the common open space as related to the purpose, density, and type of residential development.

         (d)   The physical design of the proposed PUD and the respects in which the design does or does not make adequate provision for public services, provide adequate control over vehicular traffic, and further amenities of light and air, recreation, and visual enjoyment.

         (e)   The relationship, beneficial or adverse, of the proposed PUD to the neighborhood in which it is proposed to be established.

         (f)   In the case of a proposed PUD which proposes development over a period of years, the sufficiency of the terms and conditions intended to protect the interest of the public and the residents of the planned unit development plan.

      (7)   Timing. If a proposed PUD is granted preliminary approval, with or without conditions, the Common Council may set forth in its decision the time within which an application for final approval shall be filed. In the case of a development plan which provides for development over a period of years, the periods of time in which applications for final approval of each phase thereof shall be filed may also be established in the official written communication. Only with the consent of the applicant may the time between grant of preliminary approval and application for final approval be less than three months; and, in the case of development over a period of years, the time between applications for final approval of each part of a plan shall not be less than 12 months.

      (8)   Certification of decision. The decision of the Common Council shall be in writing, signed by the Mayor, attested by the Clerk-Treasurer, and filed in the Clerk-Treasurer’s office. A certified copy shall be mailed to the applicant and, if granted approval, shall be noted on the zoning map.

   (D)   Status of plan after preliminary approval.

      (1)   Modification or revocation. A development plan which has been given preliminary approval shall not be modified or revoked by action of the city pending an application or applications for final approval. If the application for final approval is filed within the periods of time specified in the decision granting preliminary approval, the city may act to modify or revoke the preliminary approval only for one of the following reasons.

         (a)   Default or violation by the applicant of any of the conditions of preliminary approval.

         (b)   Consent by the applicant to the modification or revocation.

      (2)   Revocation of preliminary approval. The preliminary approval of the development plan may be revoked for either of the following reasons: the applicant notifies the city in writing of his intention to abandon his plans; or he fails to file application for final approval within the required time period. When preliminary approval is revoked, all area included in the development plan not granted final approval shall be subject to all local ordinances as though no application had been filed.

   (E)   Application for final approval.

      (1)   Filing. An application for final approval may be for all the land included in a development plan, or to the extent set forth in the preliminary approval, for a section thereof. The application shall be made by delivering three copies of the development plan to the office of the Plan Director within the time specified by the decision granting preliminary approval. The application shall be in accordance with the form and include the information required as set forth below. A public hearing on an application for final approval of the development plan, or the part thereof, submitted for final approval is in compliance with the development plan given preliminary approval and with any previously attached conditions.

      (2)   Information required. The application shall include the following.

         (a)   A plat drawn at a scale no smaller than l inches =100 feet on a material and in a manner suitable for recording.

         (b)   The plat shall include the name of the development, the name and address of the owner and subdivider, source of title of land as shown by the books of the Recorder’s Office of the county, graphic scale, north point, date, and certificate for approval by the Plan Commission.

         (c)   The plat shall show the survey date with certification by a registered professional engineer or land surveyor showing calculated distances and bearings of the development boundaries, lots, utility easements, streets, alleys, building lines, and areas reserved for community purposes and where appropriate to the nature and character of the development proposal, the plat and other site development features.

         (d)   Location and distances to the nearest established street corners or official monuments, and all streets abutting upon the boundaries of the development.

         (e)   Location, type of material, and size of monuments.

         (f)   Complete data on curbs, street and sidewalk location, and construction.

         (g)   Lot numbers and street names.

         (h)   In a form suitable for recording covenants, grants of easements, rights-of-way, and other restrictions proposed to be imposed upon the use of the land, buildings, and structures; and provisions for the maintenance, ownership, and operation of all common spaces.

      (3)   Final approval. If the application for final approval has been filed with all the drawings, specifications, and other required documents in accordance with this chapter, and the official written communication of preliminary approval, the Plan Commission shall, within 30 days of the filing, grant the development plan final approval.

      (4)   Denial of approval. If the development plan, as submitted, contains variations from the development plan given preliminary approval, the Plan Commission may refuse to grant final approval. It shall, however, within 30 days from the filing of the application for final approval, advise the applicant of the refusal, setting forth in the notice why they believe one or more of the variations are not in the public interest. The applicant may make the recommended changes and resubmit the plan to the Commission, or may appeal the denial to the Common Council. In the event the plan is appealed to the Council, it shall not be approved except by an affirmative vote of at least two- thirds of the members of the Common Council.

      (5)   Recording. A development plan, or any part thereof, which has been given final approval shall be certified by the Plan Commission and recorded by the applicant in the county Recorder’s Office before any development shall take place. Pending completion within a reasonable amount of time, the provisions of the development plan granted final approval shall not be modified without the consent of the owner.

      (6)   Failure to develop. Failure to develop the development plan granted final approval within one year, or the written notification of the Plan Commission by the owner of his abandonment of the plan, shall result in termination of the development plan. If the applicant can show good cause for a one-year extension of this time limit, it may be granted by the Plan Commission.

(Ord. 28-1984, passed 8-14-84) Penalty, see § 155.999

   (A)   Purpose. To ensure the integrity of the development plan and guarantee that modifications in the plan do not adversely affect the public interest, the enforcement and modification of the provisions of the development plan as finally approved, covenant, easement or otherwise, shall be subject to the following provisions.

   (B)   Modifications. All provisions of the development plan authorized to be enforced by the city under this section may be modified, removed, or released by the city, except grants or easements relating to the service or equipment of a public utility, subject to the following conditions.

      (1)   No such modification, removal, or release of the provisions of the development plan by the city shall affect the rights of the residents of the PUD to maintain and enforce those provisions, at law or equity, as provided in this section.

      (2)   No modification, removal, or release of the provisions of the development plan by the city shall be permitted except upon the findings by the Plan Commission. These findings must indicate that the changes are consistent with the efficient development and preservation of the entire PUD, do not adversely affect the enjoyment of land abutting upon or across the street from the PUD or the public interest, and is not granted solely to confer a special benefit upon any person.

      (3)   Residents of the PUD may, to the extent and in the manner expressly authorized by the provisions of the development plan, modify, remove, or release their rights to enforce the provisions of the development plan, but no such action shall affect the right of the city to enforce the provisions of the development plan in accordance with the provisions of this section.

(Ord. 28-1984, passed 8-14-84) Penalty, see § 155.999