A.   Intent.

      The Planned Unit Development overlay district (hereinafter referred to as PUD) is established to provide a voluntary regulatory framework designed to encourage and promote improved environmental and aesthetic design in the Village by allowing for greater freedom, imagination and flexibility in the development of land while ensuring substantial compliance with the Village Planning and Zoning Chapter and the general plan for community development. A PUD provides for the superimposing of an approved plan for development on property already designated as a basic zoning district identified in the Planning and Zoning Chapter. PUD districts are approved specifically for the development being proposed. If the development is not implemented within twenty-four months of approval of the Specific Implementation Plan, the property shall revert to its original zoning. The amount of implementation progress required to prevent reversion to the original zoning shall be included as part of the Specific Implementation Plan approval. Some specific purposes of developments in the PUD are:

      1.   Residential Planned Developments. To offer recreational opportunities close to home, to enhance the appearance of neighborhoods by conservation of streams and local spots of natural beauty, to add to the sense of spaciousness through the preservation of natural spaces, to counteract the effects of urban monotony and congestion in the streets, to encourage cooperative relationships between neighbors and participation by all age groups in the use and care of local open space tracts in new residential subdivisions, to promote harmonious architecture between adjacent dwellings or institutional buildings, and to encourage the placement of structures in proper relationship to the natural characteristics of the site.

      2.   Business or Commercial Planned Development. To promote the cooperative development of business or commercial centers, each with adequate off-street parking, to control access points on thoroughfares, to separate pedestrians and automobile traffic, to aid in stabilizing property values, to develop centers of size and location compatible with marked potential green spaces and to encourage harmonious architecture between adjacent commercial structures and between home and commercial structures.

      3.   Industrial/Manufacturing Planned Development. To promote the establishment of industrial parks, to permit groups of industrial buildings with integrated design and coordinated physical plan, to encourage recreational facilities with industrial areas with landscaped green spaces.

   B.   Principal Uses.

      Principal uses are as follows: Other than the existing use, no use shall be permitted in the Planned Unit Development Overlay District except in conformity with an approved recorded Specific Implementation Plan adopted pursuant to the provisions hereinafter set forth.

   C.   Minimum Area for PUD District.

      Each Planned Unit Development Overlay District shall have an area of at least one and one half acres.

   D.   Lot size, floor area ratio, open space, signs and off-street parking.

      In the Planned Unit Development Overlay District there shall be no predetermined specific lot area, lot width, height, floor area ratio, yard, usable open space, sign and off-street parking requirements. Such requirements are made a part of an approved recorded Specific Implementation Plan agreed upon by the owner and the Village, and shall be construed with the recorded plan itself, as a part of this Section.

   E.   Criteria for approval.

      As a basis for determining the acceptability of a Planned Unit Development Overlay District application, the following criteria shall be applied with specific consideration as to whether or not it is consistent with the spirit and intent of this Section and has the potential for producing significant community benefits in terms of environmental and aesthetic design.

      1.   Character and intensity of Land Use. In a Planned Unit Development Overlay District the uses and their intensity, appearance and arrangement shall be of a visual and operation character which:

         a.   Are compatible with the physical nature of the site of area;

         b.   Would produce an attractive environment of sustained aesthetic desirability, economic stability and functional practicality compatible with the General Development Plan;

         c.   Would not adversely affect the anticipated provision for school or other municipal service unless jointly resolved; and

         d.   Would not create a traffic or parking demand incompatible with existing or proposed facilities.

      2.   Economic Impact. A Planned Unit Development shall not adversely affect the economic prosperity of the Village or of surrounding properties.

      3.   Preservation and Maintenance of Open Space. In a Planned Unit Development Overlay District, adequate provisions for the improvement and continuing preservation and maintenance of attractive open space shall be made.

      4.    8 Implementation Schedule. A PUD shall include suitable assurances that each phase could be completed in a manner which would not result in an adverse effect upon the community as a result of termination at any point in the development. The implementation schedule shall designate to what extent the development shall be implemented within a twenty- four month period of time of approval of the implementation plan for the property. The PUD approval shall expire five years after the date of the last approval if it has not been completed and the land shall automatically revert back to its original zoning, unless the Village Board grants an extension of the expiration date.

   The procedure for rezoning to a Planned Unit Development Overlay District shall be as required for any other zoning district change in this Chapter, except that in addition thereto the rezoning may only be considered in conjunction with a development plan, and shall be subject to the following additional requirements:

      1.   General Development Plan. The proponent of the zoning change shall file the following with the Plan Commission:

         a.   A statement describing the general character of the intended development;

         b.   An accurate map of the project area including its relationship to surrounding properties and existing topography and key features;

         c.   A plan of the proposed project showing sufficient detail to make the possible evaluation of the criteria for approval as set forth in subsection E.of this Section; and

         d.   When requested, a general outline of intended organizational structure related to property owners’ association, deed restrictions, and private provision of common services, together with such other additional relevant information as may be required by the Plan Commission.

      2.   Referral and Hearing.

         a.   Within sixty days after completion of the filing of the petition for approval for a General Development Plan, the Plan Commission shall forward the petition to the Village Board with recommendations that the plan is to be approved as submitted, approved with modifications or conditions or disapproved. This time limit may be extended by mutual agreement.

         b.   Upon receipt of the recommendations, the Village Board shall determine whether or not to initiate a proposed zoning change to establish the proposed Planned Unit Development Overlay District and to schedule the public hearing required by s. 35-220. If the Board fails to initiate such a change within sixty days, the petitioner may file a petition directly with the Village Clerk.

         c.   Approval of the rezoning and related General Development Plan shall establish the basic right of use for the area when in conformity with the plan as approved, but such plan shall be conditioned upon approval of a Specific Implementation Plan, and shall not make permissible any of the uses as proposed until a Specific Implementation Plan is submitted and approved for all or a portion of the General Development Plan. If the approved General Development Plan is not recorded as approved within twelve months of the date of approval by the Village Board the approval shall be null and void and a new petition and approval process shall be required to obtain General Development Plan approval.

   G.   Procedure for approval of Specific Implementation Plan. The Specific Implementation Plan shall be submitted to the Plan Commission.

      1.   Required information. The Specific Implementation Plan submitted shall include the following detailed construction and engineering plans and related detailed documents and schedules and all other information deemed relevant by the Plan Commission, except when specific documents are waived by such Commission:

         a.   An accurate map of the area covered by the plan including the relationship to the total General Development Plan;

         b.   The pattern of public and private roads driveways, walkways, and parking facilities;

         c.   Detailed lot layout and subdivision plat where required;

         d.   The arrangement of building groups, other than single-family residences, and their architectural character;

         e.   Sanitary sewer and water mains;

         f.   Grading plan and storm drainage system;

         g.   The location and treatment of open space areas and recreational or other specific amenities;

         h.   The location and description of any areas to be dedicated to the public;

         i.   Landscape plan and plant list;

         j.   Proof of financing capability;

         k.   Analysis of economic impact upon the community;

         l.   A construction schedule indicating the approximate dates when construction of the project can be expected to begin and be completed. The construction schedule shall include a statement as to what extent the project plan will be implemented within twenty four months of the time of the approval of the Specific Implementation Plan;

         m.   Agreements, bylaws, provisions or covenants which govern the organizational structure, use, maintenance and continued protection of the development and any of its common services, common open areas or other facilities.

      2.   Procedure for Approving Specific Implementation Plan.

         a.   Following a review of the Specific Implementation Plan, the Plan Commission shall recommend to the Village Board that it be approved as submitted, approved with modifications or conditions, or disapproved. The Plan Commission or Village Board may require any reasonable condition or design which will promote proper development or benefit to the community.

         b.   Upon receipt of the Plan Commission recommendation, the Board may approve the Plan and authorize the development to proceed accordingly, or disapprove the Plan and send it back with specific objections to the Plan Commission for further negotiation with the developer.

         c.   In the event of approval of the Specific Implementation Plan, the building, site and operational plans for the development, as approved, as well as all other commitments and contractual agreements with the Village shall be recorded by the developer within twelve months of the date of approval by the Village Board in the Racine County register of deeds office. This recording shall be accomplished prior to the issuance of any building permit. If the Specific Implementation Plan is not recorded as approved within twelve months of the date of approval by the Village Board the approval shall be null and void, and a new petition and approval process shall be required to obtain Specific Implementation Plan approval.

         d.   Any subsequent change or addition to the Plan or use shall first be submitted for approval to the Plan Commission and if, in the opinion of the Plan Commission, the change or addition constitutes a substantial alteration of the original Plan, the procedure provided for in subsection F. of this Section shall be required.