Grantsburg City Zoning Code
ARTICLE IV
Planned Unit Development
§ 595-35 PUD Planned Unit Development Overlay District.
A.
Purpose. The PUD Planned Unit Development Overlay District is intended to:
(1)
Permit developments that will, over a period of time, be enhanced by coordinated area site planning, diversified location of structures and/or mixing of compatible uses;
(2)
Provide a safe and efficient system for pedestrian and vehicle traffic;
(3)
Provide attractive recreation and open spaces as integral parts of the developments;
(4)
Enable economic design in the location of public and private utilities and community facilities;
(5)
Ensure adequate standards of construction and planning;
(6)
Allow for flexibility of overall development design with benefits from such design flexibility intended to be derived by both the developer and the community, while, at the same time, maintaining, insofar as possible, the land use density and other standards or use requirements as set forth in the underlying basic zoning district; and
(7)
Accommodate areas of integrated mixed land uses, innovative lot sizes and physical design, and strong commitments to commonly held open space.
B.
Overlay district approach; application to existing use districts.
(1)
The PUD Planned Unit Development Overlay District shall operate as an overlay zone and as an alternative to the permitted uses and regulations applicable to existing districts. The PUD Planned Unit Development Overlay District is a supplemental zoning classification called "over" an underlying zoning district or districts to provide an opportunity to develop land in a manner that does not fit the configuration or standards of the underlying districts.
(2)
The PUD Planned Unit Development Overlay District shall be applicable only to those lands which may hereafter be zoned PUD Planned Unit Development Overlay District by the Village Board, at its discretion.
(3)
Basic underlying zoning requirements for lands overlay zoned as a PUD Planned Unit Development Overlay District shall continue in full force and effect and shall be solely applicable until such time as the Village Board grants final approval to the PUD under the procedures hereinafter provided in this article.
C.
Applicability to parcels with single ownership. The unified and planned development of a site in a single, partnership or corporate ownership or control or in common ownership under the Unit Ownership Act set forth in Chapter 703 of the Wisconsin Statutes (condominiums) may be permitted by the Village of Grantsburg upon specific petition under § 595-43 of this chapter and after public hearing, with such development encompassing one or more principal uses or structures and related accessory uses or structures, when all regulations and standards as set forth in this chapter have been met.
D.
Conformance with laws and regulations.
(1)
A PUD Planned Unit Development Overlay District authorized and approved as herein provided shall be carried out in conformity with all federal, state, and municipal laws and regulations. However, in the interpretation and application of this article, the regulations contained in this article shall be controlling in the event of a conflict between the provisions of this article and other local zoning or subdivision regulations.
(2)
A PUD Planned Unit Development Overlay District project shall be consistent in all respects with the expressed intent of this article and with the intent and spirit of this Zoning Code and its underlying districts; it shall be in conformity with the adopted Village Comprehensive Plan or any component thereof and shall not be contrary to the general welfare and economic prosperity of the community.
§ 595-36 Definitions.
In addition to the general Zoning Code definitions contained in § 595-126, the following definitions shall be applicable in this article:
Basic 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, excepting 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 have direct access over a private right-of-way.
The grouping together of a number of structures which have similar use or intended purpose.
The official guide for the physical, social, and economic growth of the Village of Grantsburg properly enacted or adopted according to § 62.23, Wis. Stats., which is now or may hereafter be in effect.[1]
The number of dwelling units permitted per square foot of land area or number of dwelling units permitted per acre of land area.
The proposal for development of a PUD Planned Unit Development Overlay District, consisting of a general concept plan for the entire area.
A parcel or parcels of land or an area of water or a combination thereof within the site designated for a PUD Planned Unit Development Overlay District and designated and intended for the use or enjoyment of residents of the planned development.
A right-of-way designed for the purpose of providing pedestrian access.
An area of land controlled by a single owner, corporation, or other legal entity which is to be developed as a single unit and is referred to herein as a PUD.
§ 595-37 Types of planned unit developments; permitted uses.
A.
Types. This article contemplates that there may be residential, commercial, and industrial planned unit developments and mixed compatible use developments as PUD Planned Unit Development Overlay Districts.
B.
Permitted uses.
(1)
Basic underlying permitted uses. All uses permitted under the basic zoning regulations applicable to the underlying zoning district in which the particular property is located are allowed.
(2)
Permitted accessory uses. Any accessory use permitted in the underlying zoning district(s) is permitted in the PUD Planned Unit Development Overlay District.
(3)
Conditional uses. Any conditional use permitted in the underlying zoning district(s) may be applied for in the PUD Planned Unit Development Overlay District. The review of conditional uses proposed to be located within the planned unit development would be conducted as part of the overall review of the PUD Planned Unit Development Overlay District application.
(4)
Schools, parks, and recreation facilities. The developer in the preparation of his/her PUD proposal shall consult with and receive the approval of the Village as to the reservation of suitable sites for adequate area for future schools, parks, playgrounds, drainageways, and other public uses if so designated on the Comprehensive Plan, Official Map, or component area development plan, if any, or as required by the Village of Grantsburg.
(5)
Nonresidential uses. Nonresidential uses are limited to those uses specifically approved by the Plan Commission and Village Board and are permitted in a PUD Planned Unit Development Overlay District based, in part, on the following criteria:
(a)
Nonresidential development shall be integrated into the total design of the PUD project.
(b)
The Village, at its option, may require that the areas and types of nonresidential facilities to be allowed in a PUD Planned Unit Development Overlay District project be based on a market analysis. The market analysis shall demonstrate that the amount of land proposed is needed and can realistically be supported by area residents and consumers. For these purposes, such analysis should contain the following determinations:
[1]
Determination of the expected trade area of the proposed commercial facilities.
[2]
Determination of the trade area population, present and prospective.
[3]
Determination of the expected effective buying power in such trade area.
[4]
Determination of net potential customer buying power for stores in the proposed PUD and, on such basis, the recommended store types and floor area.
§ 595-38 General design standards for planned unit developments.
A.
General considerations.
(1)
Adequacy of design. Design standards and requirements outlined in this section shall be utilized by the Village in determining the adequacy of all plans for proposed planned unit developments.
(2)
Consideration of Comprehensive Plan. Consideration shall be given to applicable provisions of the Village Comprehensive Plan, Official Map and other adopted plans as they pertain to future school sites, recreation sites, water supply, sewage treatment systems, highway and street alignments, environmental integrity, and other public facilities where appropriate.
(3)
Consideration of existing adjacent development. The development of the proposed PUD shall take into consideration relevant features of adjacent existing development.
(4)
Unsafe or hazardous conditions. Land with unsafe or hazardous conditions, such as open quarries, unconsolidated fill, floodplains or steep slopes, shall not be developed unless the PUD provides for adequate safeguards which are approved by the Village Board.
B.
Location of structures. Specific lot size, building location, height, size, floor area, and other such requirements shall be based upon determination by the Village Board, following advisory recommendations from the Plan Commission, as to their appropriateness to the proposed uses and structures as they relate to the total environmental concept of the planned development, consistent with the criteria set forth in this article, and, as near as practicable, consistent with standards established in applicable existing basic zoning districts and regulations, and with those generally accepted basic standards necessary to ensure the protection of the public health, safety and general welfare of that area of the community.
C.
Minimum area requirements. Areas designated as planned unit developments shall contain a minimum development area as follows:
Principal Uses | Minimum Area of PUD (acres) |
|---|---|
Residential PUD | 2 |
Commercial PUD | 5 |
Industrial PUD | 5 |
Mixed compatible use | 5 |
D.
Allowable residential densities.
(1)
General lot area, density, width and setback/yard requirements.
(a)
In a PUD Planned Unit Development Overlay District, area and width requirements of the basic use district may be modified; however, in no case shall the average density in a residential district exceed the number of dwelling units by more than 5% that would have been permitted if the planned unit development regulations had not been utilized.
(b)
Setbacks required by the underlying base use district may be modified in PUD Planned Unit Development Overlay Districts; however, no setback shall be less than 25 feet from any street right-of-way.
(c)
No principal structures in planned unit developments shall be located closer than 30 feet to another structure.
(d)
Structures in residential PUD Planned Unit Development Overlay Districts shall have a rear yard of not less than 25 feet.
(2)
Minimum lot area requirements. Provided that the overall number of dwelling units per acre (density) is not increased by more than 5% beyond the number of dwelling units that would have been permitted if the PUD District had not been utilized, and provided that adequate open space is maintained, the planned unit development may include lot areas per dwelling unit smaller than those normally required in the underlying zoning district. However, no lot shall be less than the minimum lot areas indicated below:
Use | Minimum Lot Area per Dwelling Unit (square feet) |
|---|---|
Single-family | 6,000 |
Two-family | 4,000 |
Multiple-family (1 story) | 3,000 |
Multiple-family (2 stories) | 3,000 |
Multiple-family (3 stories) | 2,000 |
(3)
Residential permitted density standards; common open space requirements. In the case of residential uses, the allowable density shall be based on the following considerations:
(a)
That there will result an appropriate relationship between the number of dwelling units and the facilities required and available to service them, such as sewer, water, schools, streets, and other appropriate municipal services.
(b)
That there will be an appropriate division of common open space to compensate for clustering or other concentration of dwelling units, consistent with the goal of creating a desirable living environment. Except as provided below, no plan for a planned unit development shall be approved unless such plan provides for permanent open space equivalent to 20% of the total area in single-family residential planned unit developments and 5% in commercial/industrial planned unit developments. Such open space may be in any of the following forms, provided they contribute realistically and specifically to the enhancement of the environmental character of the development for benefit of the residents thereof and the general community:
[1]
Natural areas such a woods, unique meadows, marshes, lakes, wetlands, streams and ponds, providing either an environmental amenity or serving a useful ecological purpose.
[2]
Agricultural areas, including prime crop land, pasture, orchards, and tree nurseries, contributing to the preservation of the agricultural land resource or significantly contributing to the environmental character of the area.
[3]
Recreational areas, such as parks, parkways, greenbelts, play fields, and golf courses.
(c)
That there will result an appropriate relationship between the character of existing developments or likely to result from the zoning of property thereto.
F.
Single parcel, lot or tract. At the time of filing, the land proposed for a PUD Planned Unit Development Overlay District shall be considered as one tract, lot or parcel, and the legal description must define said PUD as a single parcel, lot or tract.
§ 595-39 Site design standards for planned unit developments.
A.
Natural features. Physical layout and form of all structures shall be designed with regard to the topography and natural features of the site.
B.
Visual aspects. The overall design shall provide for the appearance of external unity throughout the planned unit development project. Variations of building elevations and materials used therein shall be encouraged insofar as they reinforce rather than hamper the design harmony. Housing and other facilities near the periphery of the planned unit development shall be designed so as to be harmonious with neighboring areas.
C.
Landscaping.
(1)
Topographic features preservation. Where natural or existing topographic features contribute to the beauty and utility of a development, consideration shall be given to this preservation. Modification of topography features should only occur where it contributes to a good appearance.
(2)
Plant types. Plant material shall be selected for interest in its structure, texture, and color and for its ultimate growth. Further, it is recommended that native materials be employed for their ability to tolerate prevailing weather and natural conditions.
(3)
Plant guards. In locations where plant materials will be susceptible to injury by pedestrians and/or motor vehicles, appropriate curbs, tree guards, or other protective devices shall be employed.
D.
Street design standards. All streets within a PUD Planned Unit Development Overlay District dedicated to the public shall be so indicated on the general development plan, or as modified under this subsection. Standards of design and construction of roadways within the PUD may be modified as is deemed appropriate by the Village Board; however, in considering such modifications, the Village Board shall consider the impact on traffic/pedestrian safety, snowplowing, and law enforcement/firefighting/emergency medical services response. Right-of-way widths and street pavement widths may be reduced where it is found that the general development plan provides for the separation of motorized traffic from bicycle/pedestrian circulation patterns. The use of private roadways and streets is discouraged.
E.
Accommodation of pedestrian traffic.
(1)
Sidewalks and walkways. Sidewalks and/or other walkways and bicycle paths shall be provided where necessary for the safety and convenience of pedestrian and cyclist traffic within project boundaries. Special attention shall be given to connections accommodating pedestrian movement between the dwelling units, common open space, recreation facilities, schools, commercial establishments, and parking facilities.
(2)
Design considerations. Walkway widths and surface treatment of all walkways shall be designed with regard to their function and the anticipated manner of usage. The natural features of the area traversed in the walkway system and suitable lighting in scale with the project shall also be considered. Pedestrian ramps shall be utilized as required by law and as necessary either to resolve conflicts with vehicular traffic or facilitate the movement of senior citizens and/or children.
F.
Parking and loading.
(1)
Required number of parking spaces. Accessible off-street parking and loading facilities shall be provided as required and specified in Article VII of this chapter.
(2)
Landscaping of parking areas. Parking areas shall be planned to provide a desirable transition from the streetscape and to provide for adequate landscaping, pedestrian movement, and parking areas. In keeping with this purpose, the following design standards shall be followed for projects in a PUD Planned Unit Development Overlay District; in the event of conflict between these standards and those prescribed in Article VII, the following standards shall be applicable:
(a)
Parking areas shall be arranged so as to prevent or limit through traffic to other parking areas.
(b)
Parking areas shall be screened from residential structures and streets with hedges, dense plantings, earth berms, changes in grade and/or walls, or a combination thereof, except where parking areas are designed as an integral part of the street.
(c)
No more than 15 parking spaces shall be permitted in a continuous row without being interrupted by landscaping unless otherwise approved by the Plan Commission.
(d)
All off-street loading and unloading areas shall be paved and, according to the standards in § 595-71, the design thereof approved by the Plan Commission.
(e)
All parking areas shall be adequately lighted. All such lighting shall be so arranged as to direct the light away from adjoining residences and shall be of a downward-directed design.
(f)
All parking areas and off-street loading and unloading areas shall be graded and drained so as to dispose of all surface water without erosion and flooding.
G.
Common open space standards.
(1)
Common open space covenant and easement.
(a)
All common open space shall be protected by a common open space covenant and open space easement approved by the Village Board, following review by the Village Attorney, and sufficient to its maintenance and preservation.
(b)
Such common open space covenant or open space easement shall specify:
[1]
Ownership of any common open space;
[2]
Property rights of owners to such common open space;
[3]
Method of maintenance;
[4]
Responsibility for maintenance;
[5]
Maintenance assessments/obligations and provisions for insurance;
[6]
Enforcement of nonpayment of assessments/obligations;
[7]
Enforcement of negligent maintenance;
[8]
An agreement that noncompliance with said covenant enables the Village to assess the property owners of the common open space, to cover the cost of assuming maintenance of improvements;
[9]
A warranty that any change in such covenant will not be made without the consent of the Village Board; and
[10]
Any other specifications deemed necessary by the Village Board.
(c)
Said covenant shall obligate the stated responsible parties to adequately maintain any common open space and complete any necessary improvements to any common open space.
(2)
Recording of the common open space covenant. Such covenant shall be written so as to run with the land and the covenant shall become part of the deed to each lot or parcel within the development.
(3)
Enforcement of the common open space covenant.
(a)
Noncompliance with the above standards governing common open space empowers the Village, as well as other owners in the development, to enforce the common open space covenant.
(b)
If the Village determines that the responsible party is not in compliance with any provisions of the covenant and is not satisfactorily maintaining the common open space, or has not made the necessary improvements to the common open space, the Village of Grantsburg may, at its own discretion, intervene to maintain the common open space, or complete the necessary improvements to the common open space, and may specifically assess by special charge the property owners within the development who have a right of enjoyment of the common open space an amount of money sufficient to cover any costs incurred by the Village.
(c)
Such charges shall be paid by the owners of said properties within 30 days after receipt of a statement therefor and, if not paid, such charges shall be placed on the property tax roll as a special assessment or charge.
(4)
Condominium open space. Any common open space held under condominium ownership shall meet the minimum requirements of Ch. 703, Wis. Stats., governing condominiums, and shall provide a common open space covenant as part of the required condominium declaration.
§ 595-40 General requirements as to public services and facilities.
A.
Drainage. The development site shall be provided with adequate drainage facilities for surface water and stormwater. All applicable stormwater management requirements shall be fully complied with.
B.
Public road accessibility. The site will be accessible from public roads that are adequate to carry the traffic that can be expected to be generated by the development.
C.
Undue burden on public services. No undue constraint or burden shall be imposed on public services and facilities, such as fire and police protection, street maintenance, water, sanitary sewer and storm drainage, and maintenance of public areas, by the development.
D.
Public utilities. Public water and sewer facilities shall be provided.
§ 595-41 Subsequent land division.
The division of any land or lands within a PUD Planned Unit Development Overlay District for the purpose of change or conveyance of ownership may be accomplished pursuant to the land division/subdivision regulations of the Village when such division is contemplated.
§ 595-42 Intent of procedural requirements.
Sections 595-35 through 595-41 set forth the basic philosophy and intent in providing for PUD Planned Unit Development Overlay Districts, the kinds thereof, the general requirements, physical requirements and requirements as to public services and facilities. The following sections are intended to set forth the procedures and considerations involved leading to possible approval of such developments.
§ 595-43 Procedural requirements for planned unit developments.
A.
General zoning procedures. The procedure for zoning to a PUD Planned Unit Development Overlay District shall be the same as required for any other rezoning application, except that an application for zoning to a PUD Planned Unit Development Overlay District may be considered only in conjunction with a general development plan as hereinafter defined and shall be subject to the following additional requirements below.
B.
Pre-application conference. Prior to the official submission of the petition for the approval of a PUD Planned Unit Development Overlay District, the applicant (owner or his/her agent) shall meet with the Plan Commission, Village zoning staff and/or appropriate technical professionals advisory to the Village for a preliminary discussion as to the scope and nature of the proposed development and to discuss possible alternative approaches to the development of the specific area.
C.
Petition for review and approval; general development plan. Following the pre-application conference, the owner or his/her agent may file a petition with the Village Clerk for an amendment to the Village's Zoning Map designating and adding a PUD Planned Unit Development Overlay District, thereby permitting the application of the provisions of this article to the designated area. Such petition shall be accompanied by a review fee as prescribed by the Village of Grantsburg's Schedule of Fees, as well as incorporate the following information:
(1)
General informational statement. A statement which sets forth the relationship of the proposed PUD Planned Unit Development Overlay District to the Village's adopted Comprehensive Plan, Neighborhood Plan, or any adopted component thereof, and the general character of and the uses to be included in the proposed PUD Planned Unit Development Overlay District, including the following information:
(a)
Total area to be included in the PUD Planned Unit Development Overlay District, area of open space, residential density computations, proposed number of dwelling units, population analysis, availability of or requirements for municipal services and other similar data pertinent to a comprehensive evaluation of the proposed development.
(b)
A general summary of the estimated value of structures and site improvement costs, including landscaping and special features.
(c)
A general outline of the organizational structure of a property owners' or management association, which may be proposed to be established for the purpose of providing any necessary private services.
(d)
Any proposed departures from the standards of development as set forth in the Village zoning regulations, land division/subdivision regulations, other Village regulations or administrative rules, or other universal guidelines.
(e)
The expected date of commencement of physical development as set forth in the proposal and also an outline of any development staging which is planned.
(2)
General development plan. The general development plan consists of a general concept plan for the entire area covered by the proposed PUD Planned Unit Development Overlay District and shall be submitted concurrently with the petition for rezoning of the area to a PUD Planned Unit Development Overlay District. In addition to any other site plan or architectural review requirements in this chapter, the general development plan shall provide the following in sufficient detail to make possible an evaluation under the criteria prescribed in § 595-44:
(a)
A legal description of the boundaries of the subject property included in the proposed PUD and a general location map showing the relationship of the proposed development site to surrounding properties. The boundaries of the proposed planned unit development shall be dimensioned and drawn at a scale no smaller than one inch equals 200 feet, identifying the use(s) of all abutting properties.
(b)
The topography of the site showing contours at an interval of no more than five feet and showing all significant natural terrain features such as wooded areas, marshes, drainageways, and water bodies.
(c)
The location of actual and proposed public and private roads, driveways, sidewalks and parking facilities.
(d)
The size, arrangement, location and use of any proposed individual building sites and building groups on each individual site, and the type, size and location of all structures. Specifically addressed shall be the proposed density of residential development.
(e)
General architectural plans, elevations and perspective drawings and sketches illustrating the design and character of proposed structures.
(f)
The location of institutional, recreational and open space areas and areas reserved or dedicated for public uses, including schools, parks and drainageways. Specifically addressed shall be the character of recreational and open space areas, including designation of any such areas to be classified as common open space.
(g)
General landscape treatment.
(h)
The existing and proposed location of public sanitary sewer, water supply facilities and stormwater drainage facilities.
(i)
The existing and proposed location of all private utilities or other easements.
(j)
Anticipated uses of adjoining lands in regard to roads, surface water drainage and compatibility with existing adjacent land uses.
(k)
If the development is to be staged, a staging plan.
(l)
A plan showing how the entire development can be further subdivided in the future.
(m)
Appropriate statistical data relative to the proposed development.
(n)
A general outline of intended organizational structure related to property owners' associations, deed restrictions, etc.
(o)
A general summary of the total estimated value of the completed development, including structures, site improvement costs, landscaping and special features.
(p)
The expected date of the commencement of the physical development of the site, which shall include a statement outlining the amount of construction which shall constitute commencement of the physical development of the site. As a condition of processing, this date and statement shall be mutually agreed upon by the petitioner and the Village.
(q)
A written construction schedule mutually agreed upon by the petitioner and the Village which details the amount of completed construction which will be equivalent to 75% of the projected cost of the development. For purposes of this article, such figure shall be referred to as the amount of development construction which has been substantially completed.
(r)
A subdivision plat of all subdivided lands in the same form and meeting all the requirements of a normal subdivision plat, if subdivided lands are included in the planned unit development. (Note: The submission of one or more of the above documents and plans or a portion of any one of the above documents and plans may be waived by the Village when such are not applicable for the review of a particular type of development.)
(s)
Any other information deemed appropriate and necessary by the Plan Commission, Village Board or Village zoning officials.
D.
Referral to Plan Commission. Upon submittal to the Village Clerk, the petition for a PUD Planned Unit Development Overlay District shall be referred to the Plan Commission for its review and consideration. The Plan Commission shall, within 60 days after referral, forward the petition to the Village Board with a recommendation that the zoning and related general development plan be approved as submitted, approved with modifications, or disapproved. The Plan Commission may add any additional conditions or restrictions which it may deem necessary or appropriate to recommend promoting the spirit and intent of this Zoning Code and the purpose of this article guiding planned unit development.
E.
Public hearing. Upon receipt of the Plan Commission's recommendations, the Village Board shall, before determining the disposition of the petition, hold a public hearing on the petition for a PUD Planned Unit Development Overlay District in the manner provided in Article V for conditional uses. Notice of such hearing shall include reference to the development plans filed in conjunction with the requested zoning change.
F.
Village Board approval. The Village Board, following a recommendation from the Plan Commission and public hearing thereon and after due consideration, shall either deny the petition, approve the petition as submitted, or approve the petition subject to any additional conditions, restrictions and/or modifications the Village Board may impose. Approval of the proposed zoning to a PUD Planned Unit Development Overlay District shall constitute approval of the related general development plan, which shall be made part of the zoning record as an integral component of the right of use for the area in conformity with such plan.
G.
Detailed implementation plan; submittal and approval.
(1)
Submittal requirement; time frame. Within 18 months following the approval of the general development plan and PUD Planned Unit Development Overlay District, unless the time is extended by the Village Board, a detailed implementation plan for the entire area, or a portion/phase thereof, shall be submitted to the Village Clerk.
(2)
Contents. The detailed implementation plan shall include the following:
(a)
A written statement describing the area of the proposed development and its relationship to the general development plan, along with a description of any proposed variations.
(b)
A plat of survey as required by Ch. 236, Wis. Stats., of the area of the detailed implementation plan showing all existing utilities and recorded easements.
(c)
The topography of the area of the detailed implementation plan showing contours at an interval of no more than five feet.
(d)
A detailed site development plan showing at a scale no smaller than one inch to 200 feet the specific designation of proposed land utilization, including the pattern of public and private roads, driveways, walkways, and parking facilities; detailed lot layout and the arrangements of building groups other than single-family residences; the use intended for any nonresidential buildings; and the specific treatment of open spaces.
(e)
A proposed grading plan for the area of the detailed implementation plan.
(f)
Specific landscape plans for all common open space, amenities or housing groups other than private single-family lots, including fences, walls, signs and lighting.
(g)
Architectural plans for any nonresidential buildings, multiple-family structures or building clusters other than conventional single-family homes on individual lots in sufficient detail to indicate the floor area, bulk, and visual character of such buildings.
(h)
Detailed storm drainage, sanitary sewage disposal, and water system plans approved by the Village Engineer.
(i)
Proposed engineering standards for all roads, parking areas, and walkways.
(j)
Agreements, bylaws, covenants, and other documents providing for permanent preservation and maintenance of common open space areas and amenities.
(k)
A schedule and map as to the intended phasing of development if more than one phase is intended.
(l)
Any other information deemed appropriate and necessary by the Village Board, Plan Commission or Village zoning officials.
(3)
Review and approval. Upon submittal, the Village Clerk shall refer the detailed implementation plan and related documents to the Plan Commission. The Plan Commission shall, within 60 days of referral, forward its recommendation to the Village Board that the detailed implementation plan be approved as submitted, approved with modifications, or disapproved. The Village Board shall then take whatever action it deems appropriate on such detailed implementation plan. Before plans submitted for a detailed implementation plan will be approved, the developer shall give satisfactory proof that he/she has contracted to install all necessary improvements or file a performance bond, letter of credit or cash deposit, approved as to a form by the Village Attorney, that such improvements will be installed within the time required by the Village Board. A detailed implementation plan which is in conformity with an approved general development plan shall be entitled to approval, subject only to approval of the details of the detailed implementation plan.
(4)
Variations. Consistent with the basic goal of limited flexibility, minor variations may subsequently be permitted in details of the approved plans, subject to approval of the Plan Commission. If, in the opinion of the Plan Commission, any requested variation constitutes a substantial alteration of the original general development and detailed implementation plans as approved, the matter shall be referred to the Village Board for a hearing and action thereon. The introduction of any new category of use or increase of more than 2% from the approved density shall automatically constitute a substantial variation.
H.
Development implementation.
(1)
Conformity with approved plans. No specific use or building permit shall be issued for any part of such approved general development plan except for an area covered by an approved detailed implementation plan and in conformity with such plan.
(2)
Official record. Detailed building and landscape plans, as well as all other commitments and contractual agreements with the Village related to a detailed implementation plan, shall be made a part of the official record and shall be considered supplementary components of the PUD Planned Unit Development Overlay District.
I.
Phasing time schedule; extensions.
(1)
Phasing schedule. Each detailed implementation plan shall be accompanied by a phasing schedule showing the times within which each phase or segment of the detailed implementation plan will be completed. Approval of any detailed implementation plan by the Village Board shall carry with it approval of the time schedule for completion of each phase or segment thereof, including any changes or amendments required by the Village Board.
(2)
Time extensions. In the event that any portion of such time schedule is not met, the Village Board, upon written request of the developer for an extension of time, delivered to the Village Board at least 25 days prior to the expiration of the completion date for which such extension is requested, may, for good cause shown, extend said completion date for such length of time as the Village Board, at its sole discretion, deems justified by the circumstances. There shall be no limit upon the number of time extensions which may be requested.
(3)
Failure to meet phasing schedule. Upon failure of the developer to satisfactorily meet any phase or segment of the completion or phasing schedule, as determined by the Zoning Administrator or Building Inspector, within 30 days of the expiration date thereof or within 30 days of denial by the Village Board for extension thereof, all permits and approvals shall be void or suspended on other segments of the detailed implementation plan until such time as the developer is able to be in conformance with the completion schedule phasing.
J.
Rescinding an approval. Failure to comply with the conditions, commitments, guarantees, or the conditions established in the approval of such planned unit development project shall be cause for rescinding the approval of the same. Upon notice given by the Zoning Administrator or Building Inspector, the developer shall then be required to appear before the Village Board at a 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:
(1)
Rescind its approval. The Village Board may rescind its earlier approval, whereupon such recision 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 improvements, shall become effective on the 31st day following mailing, by certified mail, to the developer at his/her last known address of a written notice of such recision; or
(2)
Extend the time for compliance. The Village Board, in the alternative to recision, may adjourn such hearing for a period not to exceed 60 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 Village 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. If the developer is not then in substantial compliance or does not establish to the reasonable satisfaction of the Village Board that there will be compliance in the future, the Village Board will proceed in accordance with Subsection (J)(1) above for recision.
K.
Revocation; abandonment of plan; reversion to basic zoning regulations and uses.
(1)
Revocation upon failure to submit detailed implementation plan. In the event that the developer shall fail to submit a detailed implementation plan as required herein, the general development plan shall also be deemed revoked.
(2)
Developer abandonment of project. In the event that the developer shall elect to abandon the general development plan, after the same is approved and the area zoned to PUD Planned Unit Development Overlay District, the developer shall immediately notify the Village Board, in writing, and, upon receipt of such notice of abandonment, the general development plan shall be deemed revoked.
(3)
Reclassification to basic underlying zoning district. When recisions occur pursuant to the above, the area involved shall automatically revert to its underlying zoning and its applicable zoning regulations and uses.
L.
Major changes.
(1)
Major change defined. Subsequent changes which alter the concept or intent of the planned unit development shall be defined as a "major change" and include, but are not limited to, the following:
(a)
Any change in the boundaries of the PUD District.
(b)
Any change in the permitted use to a less restrictive use.
(c)
Any construction of an accessory building or structure that is greater in dimensions than permitted by § 595-99.
(d)
Any increase in the number of dwelling units over limits allowed by this article.
(e)
Any change in the lot area or width requirements which were established at the time of approval.
(f)
Any change in the yard requirements which were established at the time of approval.
(g)
Any change in the amount or maintenance responsibility of common open space.
(h)
Any change in street locations or alignment.
(i)
Any change in the drainage plan.
(j)
Any subsequent land division.
(k)
Any change in the final governing agreements, provisions or covenants agreed upon at the time of approval.
(l)
Any other change which is determined by the Zoning Administrator to constitute a major change.
(2)
Action on major changes. The Zoning Administrator shall forward any major change to the Village Board for approval. Notice of the proposed change shall be given to all current property owners within the planned unit development area, at the expense of the petitioner, and shall be forwarded to any established association, pursuant to the procedures of the submitted association bylaws. Such major change shall be submitted as a new amendment to the PUD Planned Unit Development Overlay District and associated general development plan and detailed implementation plan and shall follow the procedures in this article for new applications.
M.
Subsequent land division. Any division of land or lands within a PUD Planned Unit Development Overlay District shall be accomplished pursuant to Chapter 582, Subdivision of Land, of the Village of Grantsburg Code of Ordinances. If such division is contemplated at the time of application for PUD District treatment, a preliminary plat of the lands proposed to be divided should be filed with the Village at that time.
§ 595-44 Criteria for approval of planned unit developments.
A.
General requirements. The approval of a project encompassed in a PUD Planned Unit Development Overlay District shall be within the discretion of the Village Board. The Village Board, at its discretion, may determine that consideration of a project as a PUD Planned Unit Development Overlay District is not appropriate, and that conventional consideration and review under the standard requirements of this Zoning Code is appropriate and in the best interests of the Village and its citizens. The Plan Commission, in making a recommendation, and the Village Board, in making a determination approving a petition for a PUD Planned Unit Development Overlay District, shall base determinations on compliance with the following criteria:
(1)
Compliance with intent of Zoning Code. That the proposed development is consistent with the specific requirements of this article governing planned unit developments and with the spirit and intent of this Zoning Code.
(2)
Professionally prepared plans. That the proposed development plan has been prepared with competent professional advice and guidance and produces significant benefits in terms of improved environmental design sufficient to justify the application of the planned unit development concept instead of conventional zoning regulations.
(3)
Consideration of physical nature of the site. That the site development plan reflects sensitive consideration of the physical nature of the site with particular concern for conservation of natural features, preservation of open space, and careful shaping of terrain to ensure proper drainage and preservation of natural features wherever appropriate.
(4)
Compatibility with other developments. That the general character and density of use of the planned unit development produces an attractive environment appropriate to the uses proposed and which is compatible with existing developments in the surrounding area and with general community development plans and policies.
(5)
Municipal services. That the development can be provided with appropriate municipal services.
(6)
Functional design. That the proposed design standards provide adequately for practical operation and maintenance based on actual functional need in terms of circulation, parking, emergency services, delivery services, snow plowing, and garbage and refuse collection.
(7)
Provisions for common open space. That adequate provision has been made to ensure proper maintenance and preservation of common open space which has been provided within the development for the recreational and aesthetic enhancement of the development or to preserve or protect natural environmental or ecological resources. Such provisions may be made by dedication to the public or by retention in private ownership with appropriate covenants. Private ownership may be in common or individual ownership subject to the following:
(a)
The common open space shall be protected against future development by conveying to the Village and to each property owner within the planned unit development intended to be benefitted, as part of the conditions for development plan approval, a perpetual open space easement or common open space covenant running with the land and over such areas restricting them against future building development or use, except as is consistent with the use as designated on the approved plan for recreational or aesthetic purposes, or for the preservation of conservancy, natural environmental or ecologic resources.
(b)
The care and maintenance of such common open space shall be ensured by adequate covenants and deed restrictions, approved by the Village Attorney, running to the Village as well as to each property, assuring such maintenance. Where such maintenance is not carried out to the satisfaction of the Village, the Village shall be empowered and authorized to treat such area as a special service district and to provide the necessary maintenance service and to levy the cost thereof as a special charge on all properties within such service area.
(c)
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 sewer, water, and other required municipal services to the project area.
(d)
Ownership and tax responsibility of private open space areas and rights-of-way shall be established in a manner acceptable to the Village and made part of the condition of the plan.
(e)
Areas established for public use shall be dedicated to the Village on preliminary and final subdivision plats consistent with the approved development plan.
(8)
Other factors. Any other factors which in the discretion of the Village Board are necessary to protect the public health, safety, and welfare of the area or the community.
B.
Proposed construction schedule. The Plan Commission and Village Board, in making their respective recommendation and determination, shall consider the reasonableness of the proposed construction schedule and any staging plan for the physical development of the proposed PUD Planned Unit Development Overlay District, commencement of the physical development within one year of approval being deemed reasonable. The petitioners for the proposed PUD Planned Unit Development Overlay District shall indicate when they intend to commence development and that the development will be carried out according to the written construction schedule as outlined in § 595-43C(2)(p) and (q). The construction schedule shall be a binding legal agreement between the developer and the Village, requiring signatures of the authorized agent of the planned unit development project and of the Village. Failure of the developer to commence the physical development of the planned unit development within the specified time period, or failure of the developer to complete the development as agreed under the construction schedule, empowers the Village to take the necessary actions specified in § 595-43J and K.
C.
Residential PUD considerations. The Plan Commission and Village Board, in making their respective recommendation and determination as to a proposed residential planned unit development, shall further consider whether:
(1)
Such development will create an attractive residential environment of sustained desirability and economic stability, including structures in relation to terrain, consideration of safe pedestrian flow, ready access to recreation space and coordination with overall plans for the community.
(2)
The total net residential density within the planned unit development will be compatible with the Village Comprehensive Plan and Official Map, Neighborhood Plan, or components thereof, and shall be compatible with the density of the district wherein located.
(3)
Structure types will be generally compatible with other structural types permitted in the underlying basic use district. To this end, structure type shall be limited as follows:
(a)
Planned residential developments in the residential districts shall not exceed 16 dwelling units per structure.
(4)
Provision has been made for the installation of adequate public facilities and the continuing maintenance and operation of such facilities if privately owned.
(5)
Provision has been made for adequate, continuing fire and police protection.
(6)
The population density of the development will or will not have an adverse effect upon the community's capacity to provide needed school or other municipal service facilities.
(7)
Adequate guarantee is provided for permanent preservation of open space areas as shown on the general development plan as approved either by private reservation and maintenance or by dedication to the public.
D.
Commercial PUD considerations. The Plan Commission and Village Board, in making their respective recommendation and determination as to a proposed commercial planned unit development, shall further consider whether:
(1)
The economic practicality of the proposed development can be justified.
(2)
The proposed development will be served by off-street parking and truck service facilities in accordance with this chapter.
(3)
The proposed development shall be adequately provided with and shall not impose any undue burden on public services and facilities, such as fire and police protection, street maintenance, water, sanitary sewer and stormwater drainage and maintenance of public areas.
(4)
The locations of entrances and exits have been designated to prevent unnecessary interference with the safe and efficient movement of traffic on surrounding streets and the development will not create any adverse effect upon the general traffic pattern of the surrounding neighborhood.
(5)
The architectural design, landscaping, control of lighting and general site development will result in an attractive and harmonious service area compatible with and not adversely affecting the property values of the surrounding neighborhood.
E.
Industrial PUD considerations. The Plan Commission and Village Board, in making their respective recommendation and determination as to a proposed industrial planned unit development, shall further consider whether:
(1)
The operational character and physical plant arrangement of buildings will be compatible with the latest in performance standards and industrial development design and will not result in an adverse effect upon the property values of the surrounding neighborhood.
(2)
The proposed development shall be adequately provided with and shall not impose any undue burden on public services and facilities, such as fire and police protection, street maintenance, water, sanitary sewer and stormwater drainage and maintenance of public areas.
(3)
The proposed development will include provision for off-street parking and truck service areas in accordance with this chapter and will be adequately served by easy-access rail and/or arterial highway facilities.
(4)
The proposed development is properly related to the total transportation system of the community and will not result in an adverse effect on the safety and efficiency of the public streets.
F.
Mixed compatible use PUD considerations. The Plan Commission and Village Board, in making their respective recommendation and determination as to a proposed mixed compatible use planned unit development, shall further consider whether:
(1)
The proposed mixture of uses produces a unified composite which is compatible with the zoning district and which, as a total development entity, is compatible with the surrounding neighborhood.
(2)
The various types of uses conform to the general requirements as hereinbefore set forth applicable to projects of such use and character.
(3)
The proposed development shall be adequately provided with and shall not impose any undue burden on public services and facilities, such as fire and police protection, street maintenance, water, sanitary sewer and stormwater drainage and maintenance of public areas.