A conventional planned development is a special type of zoning district that deviates from one or more of the standards of the underlying zoning district. As such, this alternative form of development allows greater freedom, imagination, and flexibility in the development of land while ensuring substantial compliance with the basic intent of this chapter and the Village's Comprehensive Plan. Because development in a planned unit development overlay district is unique, a special set of development standards are established which are documented as set forth in this division.

In exchange for this flexibility, conventional planned developments provide a much higher level of site design, landscaping, architectural control, and other aspects of aesthetic and functional excellence than normally required for other developments, which may not be conceived and implemented as a comprehensive and cohesive unified project.

Generally. When the underlying zoning district is a residential or commercial district, a combination of residential, recreational, and/or commercial uses may be allowed. When the underlying zoning is an industrial district, a combination of commercial and industrial uses may be allowed. A planned development district with a mix of residential and industrial uses is prohibited.

Listing in Appendix A.[1] All land uses allowed in an approved conventional planned development must be listed in Appendix A.

Maintain and protect the rural character of the Village;

Allow for the continuation of limited agricultural uses in those areas best suited for such activities and when the continuation of such activities would be compatible with adjoining nonfarm uses; and

Preserve, protect and minimize disturbance of the natural resources and environmentally sensitive areas in the Village.

Step one. Calculate the net developable area as follows:

Step two. Calculate the maximum number of residential lots by dividing the net developable area by the minimum lot size for the zoning district (either RD-2 or RS-1B). (The dividend is rounded down to the next whole number.)

Step three. The land division is laid out so that each lot 1) complies with all applicable dimensional standards (e.g., minimum lot area, lot width) as set forth in the zoning district regulations and land division regulations, 2) do not contain more than the maximum levels of features in Table B, and 3) has a building envelope of sufficient size and configuration to accommodate principal and accessory uses that are allowed in the zoning district. Overall, lots must be laid out so as to minimize potential development in the Environmental Corridor (EC) Overlay District.

RS-1B: 1.25 acres.

RD-2: 1.5 acres.

A minimum of 40% of the total gross area of a parcel developed must be preserved as open space in one or more open space areas that are either designated, dedicated, reserved, or restricted for public or private use or enjoyment by property owners and/or occupants of adjoining land. Such open space shall not include areas required for public highways, roads or streets or individual on-site sanitary septic systems intended to serve residential lots.

Open space areas shall be comprised of undevelopable and indivisible outlots owned in equal undivided interest by the owners of the other lots or parcels within the subdivision plat or certified survey map as tenants in common (See open space area ownership and maintenance requirements in this section.) and designated as such on the subdivision plat or certified survey map for the parcel being developed and in the deed of conveyance for each lot or parcel; and/or portions of lots or parcels under individual ownership within the development that are deed restricted against further development, division and for perpetual open space or natural resource protection, agricultural, and/or recreation use, provided that:

Open space areas may be dedicated to and accepted by the Village if said open space areas are contained in an adopted park/open space/conservancy plan.

Unless otherwise dedicated to the Village for public use as required herein, all open space areas counted toward the satisfaction of the minimum open space requirements shall be subject to conservation and/or other open space preservation easements regulating the protection of said open space areas from further development and/or division. Such easements shall be reflected on the subdivision plat or certified survey map and contained in a restrictive covenant or other legal instrument reviewed and approved by legal counsel for the Village. Such instruments shall ensure that all such easements are held privately and in perpetuity by the individual property owner or a nonprofit membership corporation or other legal entity, e.g., homeowners' association, and that the developer, individual property owner, or other legal entity is responsible for the ownership, perpetuation, care, and maintenance of all such open space areas.

Such instrument shall legally describe and identify as to location, size, and use of the open space areas subject to the conservation or other open space preservation easement, compulsory membership and compulsory assessment provisions for all property owners within the subdivision (when applicable) for the perpetual care and maintenance of such open space areas.

Residential lots and open space outlots shall be designed and arranged to minimize the destruction or alteration of natural resource features. In order of priority, open space outlots should include the following natural resource, open space, and agricultural features, in whole or in combination, in order to maximize preservation of the Village's rural character:

Open space areas shall be designed and arranged as contiguous areas having a minimum area not less than 10% of the total gross area of the parcels being developed.

Open space areas shall be designed and arranged to:

Residential lots should be arranged within the parcels being developed in order to:

Individual lots, parcels and outlots should be designed and arranged to minimize the amount of land required for additional public roads while providing for the future extension of public streets to adjoining vacant land.

The open space requirements described in § 170.1047 and the steep slope reductions described in § 170.1045 may be modified by special exception granted by the Village Board under the following limited circumstances:

The special exception may allow the otherwise applicable requirements of this chapter to be modified in one or both of the following ways:

A property owner may petition to the Village Board for a special exception as described herein. The petition shall be filed with the Village Clerk and shall be accompanied by such fee as may be established by the Village Board from time to time by separate resolution. The petition shall include a detailed description of the proposed development. Upon receipt of the petition and payment of such fee as may be required, the Village Clerk shall refer the matter to the Plan Commission. The Plan Commission shall consider the matter and make a recommendation to the Village Board.

The Village Board must make all of the following findings prior to granting a special exception under this section:

The Village Board shall issue its decision in writing, including any conditions of approval if conditional approval is granted. The Village Clerk shall provide a copy of the decision to the petitioner.

The special exception, if granted, shall be limited to the owner and developer described in the application, and limited to the development proposed in the application. Any new owner of the development parcel, new developer, or modified development plan that differs in any significant way (as determined by the Village Board) from the proposal submitted with the petition shall be a new matter, and shall require a new application to be submitted in accordance with all applicable procedures.

Should a development proposal which is granted a special exception as described herein be abandoned in any manner, or a final plat of the development not be filed within three years of the date that the special exception is granted, unless extended in writing by the Village Board, or should the project be continued other than in strict conformity with the conditions of the approval of the special exception, or should a change in the character of the surrounding area or of the development itself cause it to be no longer compatible with the surrounding areas, or for similar cause based upon considerations of public health, safety or welfare, the special exception may be terminated by action of the Village Board following referral to the Plan Commission for recommendation and a public hearing thereon.

A development proposal which is granted a special exception as described herein is, to the extent that the special exception is granted, exempt from the density requirements of § 170.1025.