(a)   All planned unit development (PUD) project proposals will be considered on the merits of the particular proposal in the context of the village's Comprehensive Plan, the neighborhood in which the Planned Unit Development, hereinafter sometimes referred to as PUD, is to be located, the adequacy of public facilities and ease of extending service and the compatibility of the project proposal and immediate surroundings.

   (b)   A PUD is a land development project planned as a comprehensive single entity that may depart from the strict application of zoning codes and subdivision regulations. It permits a creative approach to the development of high quality residential uses. A PUD provides flexibility in building sites; variety of design; optimum land planning; usable open space and recreational areas; preservation of natural topographic and geological features; provision of underground utilities where feasible; efficient circulation systems; and an environment which is fully compatible with the surrounding areas. The PUD permits a combination and coordination of architectural styles, building forms and relationships.

   (c)   Planned unit developments encourage developers to be innovative in design, efficient in land utilization and take full advantage of existing natural features.

(Ord. 2433, passed 8-19-02)

   (a)   Approval under this chapter is not by right. Exceptions to the normal regulations are not granted automatically but only upon a finding that they will result in a superior development and that the objectives of these provisions will be served thereby. Exceptions granted by the Planning Commission in a PUD shall not be considered variances and shall not be required to conform to the approval criteria set forth on Section 1244.01.

   (b)   Where strict application of the standards set forth in this chapter would serve no significant purpose, the Planning Commission shall have the authority to waive, modify or apply additional standards so long as the convenience and general welfare of neighboring uses is maintained. However, in no case shall the Planning Commission authorize a project density greater than that permitted in Section 1260.04. Additionally, unless specifically authorized in this chapter or in Chapter 1224, Subdivision Regulations, the Planning Commission may not authorize a modification of the improvement construction specifications set forth in Chapter 1224.

(Ord. 2433, passed 8-19-02)

   Subject to the provisions set forth herein, PUDs shall be permitted on contiguous parcels of not less than eight acres and zoned RS, Residential District. The proposed PUD site shall be under control of one owner or group of owners, and shall be capable of being planned and developed as one integral unit.

(Ord. 2433, passed 8-19-02)

   All uses within a designated PUD are governed by the provisions of this chapter and the approval plan of the project involved. PUDs may contain the following uses:

   (a)   Main Uses.

      (1)   Single-family detached dwellings;

      (2)   Multiple family dwellings; provided however, that no single building contains more than three dwelling units.

   (b)   Conditional Uses.

      (1)   Churches;

      (2)   Recreational facilities consisting of buildings or structures containing such uses as clubhouses, tennis courts, swimming pools, gymnasiums, or playgrounds for the exclusive use of the residents of the development; and

      (3)   Public open space.

(Ord. 2433, passed 8-19-02; Ord. 2892, passed 2-21-12)

   (a)   The density of a PUD District shall not exceed a maximum gross density of five dwelling units per acre unless a density bonus is awarded as specified in division (b) herein. In calculating density, the following areas shall first be excluded from the total area available for development:

      (1)   Any area within the 100-year flood plain.

      (2)   Land used by public utilities as easements for major facilities such as electric transmission lines, sewer lines, water mains or other similar lands which are not available to the owner because of such easement.

      (3)   For that portion of land area with slopes in excess of 25% grade (prior to grading), density shall be calculated at two units per acre.

      (4)   For that portion of land area covered by perennial bodies of water in excess of one acre density shall be calculated at 3.2 units per acre.

      (5)   After the total area available for development has been determined by the above procedure, 18% of the remaining area shall be subtracted from such total area for street right of way purposes. This percentage shall apply regardless of the land actually required for street right of way.

   (b)   Density may be increased by no more than two units per acre above the maximum amount allowable in accordance with this chapter. Such density increases may be authorized as recognition of exceptional projects by the Planning Commission for the following items:

      (1)   Add .75 unit per acre for sidewalk or alternate pedestrian walkway widths of five feet or greater, or sidewalks located on both sides of each street;

      (2)   Add .75 unit per acre for effective utilization of design techniques to add interest and variation such as:

         A.   Placement of all garages so that the doors do not face the street that abuts the front yard;

         B.   Offsetting some or all of the garages so that the front building line of the garage is behind the front building line of the dwelling portion of the unit; and

         C.   Emphasizing front entry features through architectural embellishment or distinctive use of materials.

      (3)   Retention of significant natural areas, woodlots, streams, valleys and ravines, add .25 unit per acre.

      (4)   Grid patterned layout based upon traditional urban planning patterns, add .25 unit per acre.

(Ord. 2433, passed 8-19-02; Ord. 2892, passed 2-21-12)

   (a)   Twenty-five percent of the gross acreage in the project shall be retained as open space. Not included as open space are street rights-of-way, open parking areas and driveways for dwellings, and land covered by buildings. Open space is to improve the visual attractiveness of the development, preserve natural features and vistas and supply functional recreational areas.

   (b)   The open space may be:

      (1)   Common open space. Areas of land or water or a combination of land and water, together with improvements within the PUD. Common open space may include accessory structures and improvements necessary or desirable non-commercial, recreational or cultural uses, with approval of the Planning Commission.

      (2)   Public open space. Lands within the PUD deeded to the village or other public entity for a public use shall remain a part of the PUD for purposes of computing density.

   (c)   Undeveloped open space may exist within any of the above categories. Land is undeveloped when a site's natural features are retained in their undisturbed, unimproved natural state, thus encouraging the preservation of unique natural assets such as unusual rock outcroppings, groves of trees, ravines, ponds and stream beds.

   (d)   Once open space areas are identified, these areas may not later be used for other purposes.

   (e)   Every effort shall be made to provide open space that will either connect or have potential to connect to adjacent areas to form a network of open space.

   (f)   The Planning Commission shall require and approve a legal plan or contract for the perpetuation, maintenance and function of all the common open space or other common property be established and furnished to the Planning Commission. The legal plan or contract among the owners of property in the PUD ("covenants") shall assure that all such common areas shall be provided for in a satisfactory manner without expense to the village. The documents shall be recorded in the County Recorder's office by the applicant prior to occupancy of any building on the project.

   (g)   All improvements located within the common areas, such as landscaping, parks, recreational facilities, and sidewalks, shall be maintained in a safe condition and in a state of good repair. Any failure to maintain such improvements within the common areas shall be unlawful and declared to be a public nuisance endangering the health, safety and general welfare of the public.

   (h)   Private open space. In addition to the required open space, there shall be a minimum of 120 square feet of private open space provided adjacent to each dwelling unit and differentiated from common areas by means of such approved features as plantings, fences, walls, screens, patios, or decks.

(Ord. 2433, passed 8-19-02)

   The PUD Design Standards and Guidelines shall be used as a guide when reviewing plans submitted under this chapter.

   (a)   Building sites shall be arranged to minimize disruption of scenic views and vistas.

   (b)   The location, mass and spatial relationships of buildings shall emulate traditional village patterns and local character.

   (c)   The arrangement of roads, driveways and lots shall be logically related to existing topography and land form.

   (d)   Natural features such as hills and ridges, trees, wooded areas, rock outcroppings, ravines, and water courses shall be undisturbed insofar as possible.

   (e)   In addition to its other uses, landscaping shall be used to lessen the intrusion of appurtenances such as transformer housings, cable pedestals, condensers, heat pumps and other related items. However, fire hydrants shall be located so as to be visually prominent.

   (f)   The plan shall not have an adverse impact on the scale and character of surrounding existing development.

(Ord. 2433, passed 8-19-02)

   The Architectural Design Standards and Guidelines shall be used as a guide when reviewing plans submitted under this chapter.

   (a)   Overall design.

      (1)   Monotony of design shall be avoided for single-family detached dwellings. Variation of detail, form and siting shall be used to provide visual interest.

      (2)   The massing, materials, shape, and scale of multiple family dwellings shall create a unified and visually compatible design. Blank building walls in public view are prohibited. Roofline changes, material or color changes, horizontal and vertical wall offsets, projections, recesses, true or faux windows, and other similar features are examples of elements that may be utilized to break up the horizontal emphasis of the elevation.

   (b)   Materials shall be of durable quality, have good architectural character and be suitable to the type of buildings and the design in which they are used.

   (c)   Colors shall be harmonious and shall use only compatible accents.

   (d)   Window types and treatments shall be architecturally compatible with the style, materials, colors, and details of the building. Windows shall be vertically proportioned whenever possible. To the extent possible, upper story windows shall be vertically aligned with the location of windows and doors on the ground level. Shutters, when used, shall be proportioned to cover one-half the width of the window.

   (e)   Architectural embellishments that add visual interest to roofs such as dormers, masonry chimneys and other similar elements are encouraged.

   (f)   For single-family detached dwellings, garages shall be designed and located so that they are not the dominant visual element of the building when seen from the primary access street. No more than 75% of the units shall have garage doors facing the street.

   (g)   The front door or main entrance of single- family detached dwellings shall be visible from the street.

   (h)   A pedestrian walkway shall be provided from the driveway to the unit’s front entry.

(Ord. 2433, passed 8-19-02; Ord. 2892, passed 2-21-12)

   (a)   The setback of buildings from the perimeter of the total tract shall be at least 30 feet from any adjacent zoning district. The setback area shall be maintained as permanent landscaped open space, free of buildings, structures, driveways, streets or off-street parking, but may include pedestrian sidewalks or walkways.

   (b)   Building separation shall be maintained in accordance with the requirements of the fire code, state or local building code and other safety codes of the village. Building separations shall be sufficient to allow for reasonable light and air, access by fire fighting and other emergency services, and for privacy where walls have windows, terraces or adjacent patios. There shall be a minimum horizontal separation between all detached buildings of 20 feet.

   (c)   Fences, earth berms, walks, barriers and landscaping shall be used, as appropriate, for the protection and aesthetic enhancement of property and privacy of its occupants, screening of objectionable views or uses and reduction of noise, but shall not obstruct the vision of motorists and pedestrians on or near public or private roads.

   (d)   The front setback for each dwelling unit shall be not less than 30 feet from the right of way. The area defining a front entrance that is articulated with an unenclosed, covered front entry porch may encroach up to ten feet into the front setback. Such front entry porch shall be a minimum of eight feet deep from the front wall of the dwelling to an enclosing porch rail and ten feet long.

   (e)   The maximum height limit for buildings and structures is 35 feet.

(Ord. 2433, passed 8-19-02)

   (a)   The PUD shall be located and designed so that the proposed uses will be adequately served by the street system, existing and proposed. Streets within the PUD shall include a pedestrian focus with sidewalks, tree lawns, and other amenities.

   (b)   The proposed PUD must not create traffic congestion nor overload existing roadway facilities. The internal traffic system must provide for safe and efficient flow, being sensitive to such items of convenience, safety, access to living units and non-residential facilities, separation of vehicular and pedestrian traffic and general attractiveness. There shall be no direct access from single-family residential lots to a major thoroughfare. There must be access for emergency vehicles to all buildings.

   (c)   Parking and service areas, entrances, exits, signs, lighting, noise or other potentially adverse influences must be so designed as to protect and minimize unfavorable impact on the residential development area within the PUD.

   (d)   Residents and emergency services shall have a fully improved alternative access point to the development in the event that one access point is blocked or otherwise impassable.

   (e)   Each development shall be served by a comprehensive sidewalk system, adequately separated from vehicular circulation.

   (f)   Streets and sidewalks within a PUD shall be dedicated to public use and shall be built to the same standards outlined in Chapter 1224, Subdivision Regulations. Right-of-Way widths and street widths may be reduced to not less than 50 feet, and street widths to not less than 22 feet with Planning Commission approval, especially if the PUD plan provides adequate off-street parking facilities. Such approval may include input from the Administrator, Village Engineer and other village officials as applicable and must be accepted by Village Council upon dedication. PUD streets and land use areas should be designed so as to minimize on-street parking.

(Ord. 2433, passed 8-19-02)

   (a)   Each dwelling unit must have two off-street parking spaces. A garage to accommodate the required parking spaces shall be provided for the exclusive use of each dwelling unit and shall be attached to the dwelling unit.

   (b)   Additional off-street guest parking shall be provided at a ratio of one-third (.33) space per dwelling unit. Such common parking areas shall be distributed throughout the development in a manner providing convenient access to all dwelling units.

(Ord. 2433, passed 8-19-02)

   PUDs must provide underground utilities and appropriate easements for drainage, gas, sewer and water, cable TV, electric, telephone and street lighting systems unless otherwise approved by the Planning Commission. All utility "boxes" on private property shall be screened with planted materials so they are inconspicuous from view.

(Ord. 2433, passed 8-19-02)

   An application for PUD shall be subject to the requirements of Title Four, Zoning, and Chapter 1224, Subdivision Regulations of the code to the extent not inconsistent with this chapter, and where inconsistent, this chapter shall control. With the approval of the Planning Commission, the PUD development plans, site plans, and/or subdivision plans may be reviewed simultaneously and shall be submitted for consideration and approval in the following manner:

   (a)   Pre-application Conference. The applicant shall submit to the Zoning Administrator the general outlines of the proposal, sketches, basic site information and any other information to familiarize the various village departments. The Zoning Administrator will review the information submitted to determine if the proposal is complete enough for preliminary review. The Zoning Administrator will review the proposal and identify issues and concerns of the proposal from the viewpoint of the Zoning Code, Comprehensive Plan, neighborhood problems, other governmental agencies and the village administration. The applicant will address issues identified in the pre-application conference with appropriate agency people for possible solutions to the problem areas and the refinement of the proposal as necessary at this stage.

   (b)   Concept Plan.

      (1)   An application for concept plan approval of a PUD shall be submitted to the Planning Commission on a form provided for that purpose together with the appropriate application fee as set forth in Section 1244.03. A concept plan must include both maps and a written statement, and must show enough of the area surrounding the proposed PUD to demonstrate the relationship of the PUD to adjacent uses, both existing and proposed.

         A.   The maps which are part of the concept plan may be general, schematic form, and must contain the following information:

            1.   The existing topography of the land at two feet contour intervals;

            2.   Existing land use in acres and the approximate location of buildings and other structures;

            3.   Proposed land use including open space and the approximate location of buildings and other structures;

            4.   The character and approximate density of dwellings;

            5.   The approximate location of streets; and

            6.   Public uses, including schools, parks, playgrounds and other spaces.

         B.   The written statement to accompany the concept plan must contain the following information:

            1.   An explanation of the character of the PUD and the manner in which it differs from the underlying base district regulations.

            2.   A statement of the present ownership of all of the land included within the PUD, and a statement of the applicant's intentions with regard to the future selling and leasing of all or portions of the PUD, such as land areas, dwelling units and buildings.

            3.   A general indication of the expected schedule of development.

      (2)   The Planning Commission shall review the concept plan and shall approve, disapprove or approve the plan with modifications. The applicant must receive approval of the concept plan to proceed to development plan approval.

   (c)   Development Plan.

      (1)   An applicant seeking approval of a PUD shall submit a development plan in accordance with the following schedule:

         A.   The development plan shall be submitted within one year following concept plan approval;

         B.   In its discretion and for good cause, the Planning Commission, upon request in writing by the applicant, may extend for six months the period for the filing of the application for development plan approval; and

         C.   The Planning Commission may authorize the submission of a development plan in phases. If a development plan covering at least thirty percent of the area of the concept plan has not been filed within one year (or within 18 months if the time for filing has been extended by the Planning Commission) after concept plan approval, the concept plan approval shall lapse and no longer be in effect.

      (2)   The development plan must include all of the following information:

         A.   Plan showing the existing and proposed circulation system indicating street widths, major points of ingress and egress and ownership. This shall include off-street parking areas, service or loading areas and the pedestrian circulation system;

         B.   Proposed locations of sewer and water service entrances;

         C.   Areas proposed to be conveyed, dedicated or reserved for parks, drainage, parkways, playgrounds, public buildings and similar public and semi-public areas;

         D.   A plot plan for each building site and common open area showing the approximate location of all buildings and delineating setbacks, water detention or retention, structures and improvements and indicating the open spaces around buildings and structures;

         E.   Quantitative data regarding total number and types of dwelling units, parcel size, lot coverage of buildings and structures, density, total amount of open space (developed and undeveloped), and coverage by streets/driveways/parking areas;

         F.   Elevation and perspective drawings of all proposed structures and improvements in detail sufficient to relay the basic architectural intent and compliance with the Design Standards and Architectural Design Standards and Guidelines in Sections 1258.07 and 1258.08;

         G.   A generalized landscape plan;

         H.   A development schedule; and

         I.   Statement relating how the common open space and other common property will be maintained.

   (d)   Approval of Development Plan. The development plan shall be submitted to the Planning Commission and to the Council in conformance with the procedure for change in zoning district contained in Section 1240.04. Upon approval of the development plan by the Council, the Clerk of Council shall place a notation on the zoning map to indicate that the area contained in the concept plan has been approved as a Planned Unit Development that the zoning classification of the area contained in the concept plan has changed to Planned Unit Development (PUD).

   (e)   Requirements for Issuance of Building Permits.

      (1)   The PUD project may be developed in phases. No permit for the construction of any improvement or structure in the PUD project or any phase thereof shall be issued until the applicant has submitted to the Planning Commission and has received approval of each of the following:

         A.   A detailed landscape plan with a landscape schedule that includes plant types, the size of the plants when planted the mature height and spread, detail drawings of any fencing, berming, and irrigation system;

         B.   Covenants governing the maintenance of the open space and common property has been submitted and accepted;

         C.   Final commitments to any land to be conveyed dedicated or reserved for parks, school sites or other public/semi-public uses;

         D.   An updated development schedule;

         E.   Written notification by the Administrator indicating approval of the detailed engineering drawings of circulation, storm drainage, erosion control, utility systems and other infrastructure aspects and that the same are in accordance with the Subdivision Regulations; and

         F.   A survey of the proposed development site showing the dimension of the property lines.

      (2)   If sequence of construction of various portions of the development is to occur in phases, then
the open space and/or recreational facilities shall be developed, or committed thereto, in proportion to the number of dwelling units intended to be developed during any given phase of construction as approved by the Planning Commission. Furthermore, at no phase of the project shall the number of constructed dwelling units per acre of developed land exceed the overall density per acre established during the preliminary development phase.

      (3)   If the Planning Commission has approved a single development plan for the entire area contained in a concept plan and no construction has begun or no use established within one year (or within two years if the Planning Commission has granted an extension of time) after approval of the development plan, the development plan shall lapse and no longer be in effect, in which event the Planning Commission may recommend to Council that the area contained in the concept plan be rezoned to the zoning classification in effect before approval of the PUD.

      (4)   In its discretion and for good cause shown, the Planning Commission may extend for one additional year a period for beginning of construction or the establishment of a use.

   (f)   The Zoning Administrator shall enforce this code throughout construction of the PUD, as well as any other department heads which the Zoning Administrator may feel should be involved to insure proper overall development and compliance to the plan. Construction and development of all uses and open space must be in accordance with the final development plans, covenants, commitments, schedules, engineering drawings and surveys approved by the Planning Commission in this code. If there is substantial variance, the Zoning Administrator shall notify the developer and the Planning Commission in writing. Upon continued violation, the Zoning Administrator may suspend the developer from further construction until compliance is achieved and issue such orders as are appropriate.

   (g)   Minor changes in the location, siting and height of buildings and structures may be authorized by the Zoning Administrator without approval of the Planning Commission or a public hearing if they are required by engineering or other circumstances not foreseen at the time the final plan was approved. There shall be no change authorized by this code which might cause any of the following:

      (1)   Change in the use or character of the development;

      (2)   An increase in overall coverage of structures in excess of 15%;

      (3)   An increase in density;

      (4)   A change in the provision and/or a reduction of open space;

      (5)   An increase in problems of traffic circulation and public utilities.

   (h)   The developer shall execute and file a financial guarantee with the village prior to requesting a building permit. Such guarantee shall be in a form approved by the Village Solicitor. The purpose of this guarantee shall be to assure the completion of the PUD as per the approved plans. This guarantee shall cover the estimated costs of engineering, grading, utilities, streets, sidewalks, curbs, gutters, streetlights and other lighting, parking lots and amenities such as recreational buildings, swimming pools, benches, landscaping, and other items as may be deemed appropriate by the Village Administrator. If the project is to proceed in phases as identified for the Planning Commission and so approved, the developer may submit a financial guarantee for each phase of the project for approval by the Village Solicitor. The developer may petition Village Council for the construction of such public improvements and the levying of special assessments to pay costs thereof and Council shall have accepted that petition.

(Ord. 2433, passed 8-19-02)

   The Planning Commission or the Village Council may require a subdivider to deposit in escrow such a sum of money equal to the cost engineering or other professional services to properly review plans and provide construction inspection services for the village as needed to ensure that the PUD is developed consistent with plans and documents as approved by the Planning Commission.

(Ord. 2433, passed 8-19-02)