Black Earth Village
City Zoning Code
City Zoning Code
ARTICLE VIII
Planned Unit Residential Development
§ 310-46 Districts where permitted.
[Amended 12-7-2004 by Ord. No. 04-O-9]
Planned unit residential developments consist exclusively of residential dwelling units. Uses within a planned unit residential development are conditional and are required to follow Village conditional use requirements. A successful applicant for a conditional use permit under this article may be allowed to modify the lot size, setback and yard requirements within the district in which the project is located. All other district requirements shall be complied with as well as any fire, building or electrical codes and applicable subdivision regulations.
§ 310-47 Application.
[Amended 7-6-2004 by Ord. No. 04-O-8]
The original application shall be accompanied by a preliminary plan. In addition to meeting the requirements of Article VII above, this preliminary plan shall show the overall plan for development, including grading, landscaping, exterior design and location of buildings, lots, all common structures, facilities, utilities, access roads, streets, sidewalks, parking and open spaces. There shall also be fee receipt from the Village Clerk-Treasurer in the amount as set by resolution of the Village Board.
A.
In addition, the following data shall be summarized and attached:
(1)
Total land area (square feet).
(2)
Total number of living units.
(3)
Total floor area on all floors of proposed buildings measured by outside walls multiplied by number of floors.
(4)
Total building area at ground level, including garages, carports, and other community facilities.
(5)
Total uncovered open space, including paved areas in streets, walks and driveways.
(6)
Total recreation space, defined as total open space minus paved areas in streets, walks and driveways but including tennis courts, swimming pools and floor area of recreation facilities.
(7)
Total occupant car spaces, defined as off-street parking spaces without time limit.
B.
All subdivision proposals and other proposed new developments greater than 50 lots or five acres, whichever is the lesser, shall include within such proposals regional flood elevation data and the means to provide adequate surface drainage and to minimize flood damage. Where the estimated cost of such development exceeds $75,000, and for all subdivision proposals, the applicant shall provide all necessary computations to show the effects of the proposal on flood heights, velocities and floodplain storage.
§ 310-48 Preliminary approval.
[Amended 5-6-2003 by Ord. No. 03-O-2]
Following a determination by the Village Clerk-Treasurer that an application is complete, the application shall be placed on the Village Board agenda for preliminary approval of the application. Preliminary approval is a review of the project at the concept level and is not binding upon the Village Board. In the event the Village Board approves or conditionally approves the application, the applicant shall submit a final plan for approval within six months. After six months, the applicant must resubmit an original application, along with the appropriate fee, in order to be eligible for further consideration.
§ 310-49 Public hearing.
[Amended 5-6-2003 by Ord. No. 03-O-2]
A public hearing on the final application and conditional use permit shall be held within 90 days of the receipt of the final application.
§ 310-50 Submission of final plans; determinations.
[Amended 5-6-2003 by Ord. No. 03-O-2]
Final plans shall be submitted within six months after favorable action by the Village Board. In granting the application and conditional use permit the Village Board shall determine that the standards for approval of a conditional use listed in Article VII have been met, and in addition the Village Board shall determine that the following standards have also been met:
A.
The height of the proposed structures conforms to the maximum set forth in the district regulations for the district in which the project is to be developed.
B.
The overall density of the project, defined as the number of living units per acre, does not exceed the district regulations for the district which is to be developed.
C.
A certificate attested by the consulting engineer showing the availability of adequate public sewer and water is present.
D.
Landscaping and grading will be done to assure adequate drainage.
E.
The streets to be provided will assure a traffic circulation pattern which minimizes through traffic, allows for adequate turning and parking and provides ample space for the turning and effective use of snowplows, garbage trucks and fire trucks, the loading and unloading of furniture, and other pickups and deliveries without blocking traffic.
F.
There will be a minimum number of conflicts between pedestrian and vehicular traffic.
G.
The design of open spaces and housing will provide both easy access and privacy.
H.
No structure which contains residential units will be more than 200 feet from a street, parking area, or other right-of-way on which a fire truck may be operated.
I.
Adequate lighting will be provided.
J.
The final plans include the planting of adequate trees and shrubs where not already present.
K.
The design of the development is in harmony with existing surroundings and will not be detrimental to the character of the neighborhood.
§ 310-51 Additional requirements.
[Amended 5-6-2003 by Ord. No. 03-O-2]
The Board may require that:
A.
The applicant and contract provide bonds or other security to insure completion of the improvements shown on the plans.
B.
Adequate provisions are present for the proper maintenance, care and preservation of all structures, facilities, utilities, access and open space by the original and all subsequent owners of property within the development.
C.
The plan include a deed of recreational space to the Village.
§ 310-52 Modifications.
Any modifications in the original plan shall be made only by agreement between the developer and the Village Board.