(A) It is the intent of these regulations to accommodate creative and imaginative community and planned unit developments and to permit utilization of those innovations in land development technology which are in the best interest of the village. It is the purpose of this section to waive design requirements by the degree necessary to accomplish the following objectives:
(1) The conservation of natural amenities of the landscape;
(2) The creation of functional and interesting residential areas;
(3) The provision of readily accessible open space;
(4) The separation of pedestrian and vehicular circulation; and
(5) The provision of a necessary complement of community facilities.
(B) The developer shall however comply with the appropriate zoning regulations if applicable, and the review requirements of these regulations. The Planning Commission may approve the development provided that the density of the project does not exceed five units per gross acre, the intent and objectives of these regulations are met, and the developer provides all necessary information which may be required by the Commission to make an appropriate decision.
(1) Open space. A major element of the community or planned unit development is privately-owned or publicly-owned common property within the development. These developments usually contain such features as internal park network abutting home sites, recreational facilities and preservation of natural amenities. A homeowner’s association should be established to provide for the maintenance of all properties held in common.
(2) Conformity to existing streets and Thoroughfare Plan. Whenever a community or planned unit development abuts or contains an existing or proposed major thoroughfare, the standards as contained in these regulations shall be applicable. If a planned unit development abuts or contains an existing local or collector residential street, it must meet the requirements of these regulations.
(3) Private streets. Private streets may be permitted in community or planned unit developments provided they meet the following requirements:
(a) All private streets shall be constructed to satisfy the same requirements set out in these regulations and all other county specifications and requirements for the construction of public streets;
(b) A homeowner’s association or other appropriate method is established to maintain the street system; and
(c) Private streets should not be planned to be extended to adjacent properties.
(4) Public streets. The Planning Commission may require certain streets within community or planned developments to be public if it determines that the project density necessitates the use of public streets and that traffic connections are required to adjacent plats or developments for adequate circulation.
(5) Sanitary sewer lines and appurtenances. All sanitary sewer lines and appurtenances and water lines constructed within a community or planned unit development shall be built in accordance with the latest approved and adopted regulations of the Village Administrator and the Standard Details referred to in §§ 152.125 through 152.127. Such facilities will be provided with easements satisfying the requirements of the village.
(6) Staging of nonresidential construction. If a community or planned unit development contains nonresidential uses, these uses may be constructed first, but only if the Planning Commission finds and records its findings on the final development plan that the nonresidential uses are consistent with the comprehensive plan for the community even though the residential area of the planned development is not built or not completed.
(7) Deed out. In community and planned unit developments, the Planning Commission will permit the transfer of the fee simple title for parcels of land large enough to accommodate a unit of attached townhouses, row houses or patio homes and its accompanying patio, garden or small yard area. This zero lot line method of title transfer shall be known as deed out and shall only be permitted in projects developed in accordance with the intent and objectives of these regulations and in accordance with a recorded development plan for the project. The design of all deed out projects must however satisfy zoning requirements governing the tract in question.
(8) Condominiums. R.C. Chapter 5311 provides for the recording of ownership of condominiums. Condominium ownership does not excuse compliance with these regulations whenever appropriate.
(1997 Code, § 152.106) Penalty, see § 152.999