The purpose of this chapter is to provide regulations which govern the procedure and requirements for the review and approval, or denial, of proposed planned unit developments, and to provide for the possible relaxation of certain development standards pertaining to the underlying standard zoning district.

Planned unit developments are intended to provide more incentives for infill development and redevelopment in areas of the community which are experiencing a lack of significant reinvestment. Furthermore, planned unit developments are designed to forward both the aesthetic and economic development objectives of the Village by controlling the site design and the appearance, density or intensity of development in terms of more flexible requirements for land uses, density, intensity, bulk, landscaping, and parking requirements. In exchange for such flexibility, the planned unit development shall provide a much higher level of site design, architectural control and other aspects of aesthetic and functional excellence than normally required for other developments.

Planned unit developments have the potential to create undesirable impacts on nearby properties if allowed to develop simply under the general requirements of this title. In addition to such potential, planned unit developments also have the potential to create undesirable impacts on nearby properties which potentially cannot be determined except with a binding site plan, landscape plan and architectural plan, and on a case by case basis. In order to prevent this from occurring, all planned unit developments are required to meet certain procedural requirements applicable only to planned unit developments, in addition to the general requirements of the zoning ordinance. A public hearing process is required to review a request for a planned unit development. This process shall essentially combine the process for a zoning map amendment with that required for a conditional use, with several additional requirements.

Permitted Location. Planned unit developments shall be permitted with the approval of a planned unit development overlay zoning district, specific to the approved planned unit development.

Flexible Development Standards. The following exemptions to the development standards of the underlying zoning district may be provided with the approval of a planned unit development:

Requirements to Depict All Aspects of Development. Only development which is explicitly depicted on the required site plan approved by the Village Board as part of the approved planned unit development, shall be permitted, even if such development (including all aspects of land use, density and intensity, bulk, landscaping, and parking and loading), is otherwise listed as permitted. Requested exemptions from these standards shall be made explicit by the applicant in the application, and shall be recommended by the Plan Commission and approved explicitly by the Village Board. If not so requested and approved, such exemptions shall not be permitted.

An application of the owner(s) of the subject property;

A recommendation of the Plan Commission and action by the Village Board, relative to Village-owned property.

The applicant shall contact the Zoning Administrator to place an informal discussion item for the PUD on the Plan Commission agenda.

No details beyond the name of the applicant and the identification of the discussion item as a PUD is required to be given in the agenda.

At the Plan Commission meeting, the applicant shall engage in an informal discussion with the Plan Commission regarding the potential PUD. Appropriate topics for discussion may include the location of the PUD, general project themes and images, the general mix of dwelling unit types and/or land uses being considered, approximate residential densities and nonresidential intensities, the general treatment of natural features, the general relationship to nearby properties and public streets, and relationship to the master plan.

Points of discussion and conclusions reached in this stage of the process shall be in no way be binding upon the applicant or the Village, but should be considered as the informal, nonbinding basis for proceeding to the next step.

The applicant shall provide the Zoning Administrator with a draft PUD concept plan submittal packet for a determination of completeness prior to placing the proposed PUD on the Plan Commission agenda for concept plan review. This submittal packet shall contain all of the following items, prior to its acceptance by the Zoning Administrator and placement of the item on a Plan Commission agenda for concept plan review:

Within 10 working days of receiving the draft PUD concept plan submittal packet, the Zoning Administrator shall determine whether the submittal is complete. Once the Zoning Administrator has received a complete packet, the proposed PUD concept plan shall be placed on the Plan Commission agenda.

At the Plan Commission meeting, the applicant shall engage in an informal discussion with the Plan Commission regarding the conceptual PUD. Appropriate topics for discussion may include the any of the information provided in the PUD concept plan submittal packet, or other items as determined by the Plan Commission.

Points of discussion and conclusions reached in this stage of the process shall be in no way be binding upon the applicant or the Village, but should be considered as the informal, nonbinding basis for proceeding to the next step. The preferred procedure is for one or more iterations of Plan Commission review of the concept plan to occur prior to introduction of the formal petition for rezoning which accompanies the general development plan (GDP) application.

A location map of the subject property and its vicinity at 11 inches by 17 inches, as depicted on a copy of the Village land use plan map:

A map of the subject property showing all lands for which the planned unit development is proposed, and all other lands within 200 feet of the boundaries of the subject property, together with the names and addresses of the owners of all lands on the map as the same appear on the current records of the register of deeds of Walworth County (as provided by the Village of Darien). The map shall clearly indicate the current zoning of the subject property and its environs, and the jurisdiction(s) which maintains that control. The map and all its parts and attachments shall be submitted in a form which is clearly reproducible with a photocopier, and shall be at a scale which is not less than one inch equals 800 feet. All lot dimensions of the subject property, a graphic scale, and a north arrow shall be provided;

A general written description of proposed PUD including:

A general development plan drawing at a minimum scale of one inch = 100 feet (11 inches by 17 inches reduction shall also be provided by applicant) of the proposed project showing at least the following information in sufficient detail to make an evaluation against criteria for approval:

A general conceptual landscaping plan for subject property, noting approximate locations of foundation, street, yard and paving, landscaping, and the compliance of development with all landscaping requirements of this title (except as noted in the listing of exceptions) and the use of extra landscaping and bufferyards;

A general signage plan for the project, including all project identification signs and concepts for public fixtures and signs (such as street light fixtures and/or poles or street sign faces and/or poles) which are proposed to vary from Village standards or common practices;

Written justification for the proposed planned unit development. (The applicant is advised to use the requirements of the zoning map amendment procedure to develop the written justification);

The process and fees for review and approval of the GDP shall be identical to that for zoning map amendments per the zoning ordinance and (if land is to be divided) to that for preliminary and final plats of subdivision per the Municipal Code. The approval of a GDP shall establish a PUD/GDP overlay that is depicted as such on the official zoning map. The underlying use zoning however, shall control development within the area of the GDP until all or portions of the GDP are approved as a PIP;

All portions of an approved PUD/GDP not fully developed within three years of final Village Board approval shall expire, and no additional PUD-based development shall be permitted. The Village Board may extend this three-year period by up to five additional years via a majority vote following a public hearing.

A location map of the subject property and its vicinity at 11 inches by 17 inches, as depicted on a copy of the Village land use plan map;

A map of the subject property showing all lands for which the planned unit development is proposed, and all other lands within 200 feet of the boundaries of the subject property, together with the names and addresses of the owners of all lands on the map as the same appear on the current records of the register of deeds of Walworth County (as provided by the Village). The map shall clearly indicate the current zoning of the subject property and its environs, and the jurisdiction(s) which maintains that control. The map and all its parts and attachments shall be submitted in a form which is clearly reproducible with a photocopier, and shall be at a scale which is not less than one inch equals 800 feet. All lot dimensions of the subject property, a graphic scale, and a north arrow shall be provided;

A general written description of proposed PIP including:

A precise implementation plan drawing at a minimum scale of one inch = 100 feet (11 inches by 17 inches reduction shall also be provided by applicant) of the proposed project showing at least the following information in sufficient detail to make an evaluation against criteria for approval:

A landscaping plan for subject property, specifying the location, species, and installed size of all trees and shrubs. This plan shall also include a chart which provides a cumulative total for each species, type and required location (foundation, yard, street, paved area or bufferyard) of all trees and shrubs.

A series of building elevations for the entire exterior of all buildings in the planned unit development, including detailed notes as to the materials and colors proposed;

A general signage plan for the project, including all project identification signs, concepts for public fixtures and signs (such as street light fixtures and/or poles or street sign faces and/or poles), and group development signage themes which are proposed to vary from Village standards or common practices;

A general outline of the intended organizational structure for a property owners association, if any; deed restrictions and provisions for private provision of common services, if any;

A written description which demonstrates the full consistency of the proposed PIP with the approved GDP;

Any and all variations between the requirements of the applicable PUD/GDP zoning district and the proposed PIP development; and

The applicant shall submit proof of financing capability pertaining to construction and maintenance and operation of public works elements of the proposed development;

The area included in a precise implementation plan may be only a portion of the area included in a previously approved general implementation plan;

The precise implementation plan (PIP) submission may include site plan and design information, allowing the Plan Commission to combine design review and review of the PIP. Design review may, at the choice of the applicant, be deferred until a later time when specific site and building developments will be brought forth:

The Plan Commission or Village Board may specify other plans, documents or schedules that must be submitted prior to consideration or approval of the PIP, as such may be relevant to review;

The process and fees for review and approval of the PUD shall be identical to that for conditional use permits per the zoning ordinance and (if land is to be divided) to that for preliminary and final plats of subdivision per the Municipal Code. The approval of a PUD/PIP shall formally establish the PUD/PIP overlay zoning district and any such land uses and site plans included in the approved PIPs;

All portions of an approved PUD/PIP not fully developed within three years of final Village Board approval shall expire, and no additional PUD-based development shall be permitted. The Village Board may extend this three-year period by up to five additional years via a majority vote following a public hearing.