The Planning Commission shall take into account that it is increasingly difficult to forecast the various conditions and factors that may be encountered in sizable developments, and that certain latitude, flexibility and freedom in the execution of the design and layout of the project should be suggested or otherwise permitted by the Commission so as to encourage the developer to adjust the streets to irregular topography; to take advantage of topography in order to utilize the natural surface drainage; to economize in the construction of sewers and storm drainage facilities; to reduce the amount of grading and thus minimize destruction of trees and topsoil; to adjust the layout to geographical and cultural limitations; such as property ownership lines; and among other things to create architectural variation in the development as well as attractive and usable buildings and building sites. In doing so, the Commission shall be further guided by the following requirements and standards:
(a) Permitted uses shall be only those as specified in the "R" District in which located;
(b) Building height requirement shall be the same as in the "R" District involved;
(c) The average of the lot areas per family or dwelling unit shall not be reduced more than ten percent (10%) of the specified area requirements or standards for the district in which located. The front yard, the frontage, the width, depth, side or rear yard shall not be reduced by more than twenty percent (20%) of the specified minimum for the district in which located when necessitated by topographical or geographical considerations or due to the layout, location and specifications for connection to public sanitary sewers and/or water systems within the Village. In no case shall the overall density exceed the amount permitted for the district in which the property is located;
(d) Service drives and other service facilities shall be located entirely within the project site;
(e) The plans shall provide for such suitable street improvement or widening as may be necessary to facilitate the circulation of vehicular traffic; installation of adequate storm drainage; the appropriate extension of public utilities, including sanitary sewers, storm drainage, and water mains along street frontage; and suitable screen planting and landscaping;
(f) The developer shall provide a minimum of one acre, exclusive of rights of way, of land which shall be held contiguously and of such condition and shape as to be usable for recreation, whether active or passive, for each ten acres or fraction thereof devoted to the development. In addition, the developer shall provide additional land for recreational use equal to the same percentage of total acreage as that percentage exceeds ten percent (10%) variance for reduction of the frontage requirements that would otherwise be required for the district in which the property is located. Such land shall be in addition to that contained in lots or within the road rights of way, and such open space devoted to recreational use shall not include any land within a right of way and such land shall be held and conveyed to a homeowner's association incorporated under the laws of the State for the benefit of the owners of building sites which are within the development and the developer shall incorporate into the protective covenants and/or deed restrictions a clause requiring each owner of a building site to be a member of the homeowner's association and further providing in the protective covenants and/or deed restrictions that the association shall hold title to such open space which shall be used for recreation purposes only whether passive or active. No structures other than those incidental to the recreational use of the open space shall be permitted on the open space. The developer shall further provide in the deed restrictions and/or protective covenants that each owner of a building site as a member of the homeowner's association shall be required to maintain and preserve land set aside as open space for recreational purposes, and provide for enforcement by the Village, developer or homeowners. In the event such open space exceeds three acres in contiguous area, at the option of the Village, the developer may set aside at no cost to the Village such open space if accepted by the Village;
(g) In order for the Commission to better determine that the development meets all requirements, the developer shall furnish an overall plan of the entire tract showing topography, roads, lot lines, lot areas, easements, encumbrances and other relevant data submitted in accordance with the Subdivision Regulations to the Planning Commission with the addition of the location of individual houses, structures, areas of shrubs and/or trees of one foot diameter or more, existing contours, the location of all water courses and existing or proposed drainage ways or easements and proposed grading;
(h) Upon determination by the Commission that the proposed development project as shown by the preliminary plan thereof conforms to the requirements of all applicable provisions of this chapter, the proponent shall prepare and submit a final development plan. Such plan shall incorporate any changes or modifications required by the Commission, and shall present all protective covenants and/or deed restrictions showing ownership of the open space and an incorporated homeowner's association with the obligation of the association to maintain and preserve the open space to be set aside for recreational purposes and such language will be subject to approval of the Commission;
(i) The Commission shall hold a public hearing following the procedure for notice of such hearing and following the procedure at the hearing as is required of the Zoning Board of Appeals in Section 1117.03.
(Ord. 1247-82. Passed 1-6-82.)