(a) General Zoning Procedures. The procedure for zoning to a PUD Planned Unit Development Overlay District shall be the same as required for any other rezoning application, except that an application for zoning to a PUD Planned Unit Development Overlay District may be considered only in conjunction with a General Development Plan as hereinafter defined and shall be subject to the following additional requirements below.
(b) Pre-Application Conference. Prior to the official submission of the petition for the approval of a PUD Planned Unit Development Overlay District, the applicant (owner or his/her agent) shall meet with the Plan Commission, Village zoning staff and/or appropriate technical professionals advisory to the Village for a preliminary discussion as to the scope and nature of the proposed development, and to discuss possible alternative approaches to the development of the specific area.
(c) Petition for Review and Approval; General Development Plan. Following the pre- application conference, the owner or his/her agent may file a petition with the Village Administrator for an amendment to the Village's Zoning Map designating and adding a PUD Planned Unit Development Overlay District, thereby permitting the application of the provisions of this Article to the designated area. Such petition shall be accompanied by a review fee as prescribed by Section 1-3-1, as well as incorporate the following information:
(1) General Informational Statement. A statement which sets forth the relationship of the proposed PUD Planned Unit Development Overlay District to the Village's adopted Comprehensive Plan, Neighborhood Plan, or any adopted component thereof, and the general character of and the uses to be included in the proposed PUD Planned Unit Development Overlay District, including the following information:
a. Total area to be included in the PUD Planned Unit Development Overlay District, area of open space, residential density computations, proposed number of dwelling units, population analysis, availability of or requirements for municipal services and other similar data pertinent to a comprehensive evaluation of the proposed development.
b. A general summary of the estimated value of structures and site improvement costs, including landscaping and special features.
c. A general outline of the organizational structure of a property owner's or management's association, which may be proposed to be established for the purpose of providing any necessary private services.
d. Any proposed departures from the standards of development as set forth in the Village zoning regulations, land division/subdivision ordinance, other Village regulations or administrative rules, or other universal guidelines.
e. The expected date of commencement of physical development as set forth in the proposal and also an outline of any development staging which is planned.
(2) General Development Plan. The General Development Plan consists of a general concept plan for the entire area covered by the proposed PUD Planned Unit Development Overlay District, and shall be submitted concurrently with the petition for rezoning of the area to a PUD Planned Unit Development Overlay District. In addition to any other site plan or architectural review requirements in this Chapter, the General Development Plan shall provide the following in sufficient detail to make possible an evaluation under the criteria prescribed in Sec. 13-1-79:
a. A legal description of the boundaries of the subject property included in the proposed PUD and a general location map showing the relationship of the proposed development site to surrounding properties. The boundaries of the proposed planned unit development shall be dimensioned and drawn at a scale no smaller than 1" = 200', identifying the use(s) of all abutting properties.
b. The topography of the site showing contours at an interval of no more than five (5) feet and showing all significant natural terrain features such as wooded areas, marshes, drainageways, and water bodies.
c. The location of actual and proposed public and private roads, driveways, sidewalks and parking facilities.
d. The size, arrangement, location and use of any proposed individual building sites and building groups on each individual site, and the type, size and location of all structures. Specifically addressed shall be the proposed density of residential development.
e. General architectural plans, elevations and perspective drawings and sketches illustrating the design and character of proposed structures.
f. The location of institutional, recreational and open space areas and areas reserved or dedicated for public uses, including schools, parks and drainageways. Specifically addressed shall be the character of recreational and open space areas, including designation of any such areas to be classified as "common open space".
g. General landscape treatment.
h. The existing and proposed location of public sanitary sewer, water supply facilities and stormwater drainage facilities.
i. The existing and proposed location of all private utilities or other easements.
j. Anticipated uses of adjoining lands in regard to roads, surface water drainage and compatibility with existing adjacent land uses.
k. If the development is to be staged, a staging plan.
I. A plan showing how the entire development can be further subdivided in the future.
m. Appropriate statistical data relative to the proposed development.
n. A general outline of intended organizational structure related to property owners' associations, deed restrictions, etc.
o. A general summary of the total estimated value of the completed development including structures, site improvement costs, landscaping and special features.
p. The expected date of the commencement of the physical development of the site, which shall include a statement outlining the amount of construction which shall constitute "commencement of the physical development of the site". As a condition of processing, this date and statement shall be mutually agreed upon by the petitioner and the Village.
q. A written construction schedule mutually agreed upon by the petitioner and the Village, which details the amount of completed construction which will be equivalent to seventy-five percent (75%) of the projected cost of the development. For purposes of this Article, such figure shall be referred to as the amount of development construction which has been "substantially completed."
r. A subdivision plat of all subdivided lands in the same form and meeting all the requirements of a normal subdivision plat, if subdivided lands are included in the planned unit development. (Note: The submission of one (1) or more of the above documents and plans, or a portion(s) of any one of the above documents and plans may be waived by the Village when such are not applicable for the review of a particular type of development).
s. Any other information deemed appropriate and necessary by the Plan Commission, Village Board or Village zoning officials.
(d) Referral to Plan Commission. Upon submittal to the Village Administrator, the petition for a PUD Planned Unit Development Overlay District shall be referred to the Plan Commission for its review and consideration. The Plan Commission shall, within sixty (60) days after referral, forward the petition to the Village Board with a recommendation that the zoning and related General Development Plan be approved as submitted, approved with modifications, or disapproved. The Plan Commission may add any additional conditions or restrictions which it may deem necessary or appropriate to recommend to promote the spirit and intent of this Zoning Code and the purpose of this Article guiding planned unit developments.
(e) Public Hearing. Upon receipt of the Plan Commission's recommendations, the Village Board shall, before determining the disposition of the petition, hold a public hearing on the petition for a PUD Planned Unit Development Overlay District in the manner provided in Sections 13-1-84 through 13-1-85 for Conditional Uses. Notice of such hearing shall include reference to the development plans filed in conjunction with the requested zoning change.
(f) Village Board Approval. The Village Board, following a recommendation from the Plan Commission and public hearing thereon and after due consideration, shall either deny the petition, approve the petition as submitted, or approve the petition subject to any additional conditions, restrictions and/or modifications the Village Board may impose. Approval of the proposed zoning to a PUD Planned Unit Development Overlay District shall constitute approval of the related General Development Plan, which shall be made part of the zoning record as an integral component of the right of use for the area in conformity with such plan.
(g) Detailed Implementation Plan; Submittal and Approval.
(1) Submittal Requirement; Timeframe. Within eighteen (18) months following the approval of the General Development Plan and PUD Planned Unit Development Overlay District, unless the time is extended by the Village Board, a Detailed Implementation Plan for the entire area, or a portion/phase thereof, shall be submitted to the Village Administrator.
(2) Contents. The Detailed Implementation Plan shall include the following:
a. A written statement describing the area of the proposed development and its relationship to the General Development Plan, along with a description of any proposed variations.
b. A plat of survey as required by Chapter 236, Wis. Stats., of the areas of the Detailed Implementation Plan showing all existing utilities and recorded easements.
c. The topography of the area of the Detailed Implementation Plan showing contours at an interval of no more than five (5) feet.
d. A detailed site development plan showing at a scale no smaller than 1" - 200' the specific designation of proposed land utilization, including the pattern of public and private roads, driveways, walkways, and parking facilities; detailed lot layout, and the arrangements of building groups other than single family residences; the use intended for any non-residential buildings; and the specific treatment of open spaces.
e. A proposed grading plan for the area of the Detailed Implementation Plan.
f. Specific landscape plans for all common open space, amenities or housing groups other than private single-family lots, including fences, walls, signs and lighting.
g. Architectural plans for any non-residential buildings, multi-family structures or building clusters other than conventional single-family homes on individual lots in sufficient detail to indicate the floor area, bulk, and visual character of such buildings.
h. Detailed storm drainage, sanitary sewage disposal, and water system plans approved by the Village Engineer.
i. Proposed engineering standards for all roads, parking areas, and walkways.
j. Agreements, bylaws, covenants, and other documents providing for permanent preservation and maintenance of common open space areas and amenities.
k. A schedule and map as to the intended phasing of development if more than one (1) phase is intended.
I. Any other information deemed appropriate and necessary by the Village Board, Plan Commission or Village zoning officials.
(3) Review and Approval. Upon submittal, the Village Administrator shall refer the Detailed Implementation Plan and related documents to the Plan Commission. The Plan Commission shall, within sixty (60) days of referral, forward its recommendation to the Village Board that the Detailed Implementation Plan be approved as submitted, approved with modifications, or disapproved. The Village Board shall then take whatever action it deems appropriate on such Detailed Implementation Plan. Before plans submitted for a Detailed Implementation Plan will be approved, the developer shall give satisfactory proof that he/she has contracted to install all necessary improvements or file a performance bond, letter of credit or cash deposit, approved as to form by the Village Attorney, that such improvements will be installed within the time required by the Village Board. A Detailed Implementation Plan which is in conformity with an approved General Development Plan shall be entitled to approval, subject only to approval of the details of the Detailed Implementation Plan.
(4) Variations. Consistent with the basic goal of limited flexibility, minor variations may subsequently be permitted in details of the approved plans, subject to approval of the Plan Commission. If, in the opinion of the Plan Commission, any requested variation constitutes a substantial alteration of the original General Development and Detailed Implementation Plans as approved, the matter shall be referred to the Village Board for a hearing and action thereof. The introduction of any new category of use or increase of more than two percent (2%) from the approved density shall automatically constitute a substantial variation.
(h) Development Implementation.
(1) Conformity With Approved Plans. No specific use or building permit shall be issued for any part of such approved General Development Plan except for an area covered by an approved Detailed Implementation Plan and in conformity with such Plan.
(2) Official Record. Detailed building and landscape plans, as well as all other commitments and contractual agreements with the Village related to a Detailed Implementation Plan, shall be made a part of the official record and shall be considered supplementary components of the PUD Planned Unit Development Overlay District.
(i) Phasing Time Schedule; Extensions.
(1) Phasing Schedule. Each Detailed Implementation Plan shall be accompanied by a phasing schedule showing the times within which each phase or segment of the Detailed Implementation Plan will be completed. Approval of any Detailed Implementation Plan by the Village Board shall carry with it approval of the time schedule for completion of each phase or segment thereof, including any changes or amendments required by the Village Board.
(2) Time Extensions. In the event that any portion of such time schedule is not met, the Village Board, upon written request of the developer for an extension of time, delivered to the Village Board at least twenty-five (25) days prior to the expiration of the completion date for which such extension is requested, may, for good cause shown, extend said completion date for such length of time as the Village Board, at its sole discretion, deems justified by the circumstances. There shall be no limit upon the number of time extensions which may be requested.
(3) Failure to Meet Phasing Schedule. Upon failure of the developer to satisfactorily meet any phase or segment of the completion or phasing schedule, as determined by the Zoning Administrator or Building Inspector, within thirty (30) days of the expiration date thereof or within thirty (30) days of denial by the Village Board for extension thereof, all permits and approvals shall be void or suspended on other segments of the Detailed Implementation Plan until such time as the developer is able to be in conformance with the completion schedule phasing.
(j) Rescinding An Approval. Failure to comply with the conditions, commitments, guarantees, or the conditions established in the approval of such planned unit development project shall be cause for rescinding the approval of the same. Upon notice given by the Zoning Administrator or Building Inspector, the developer shall then be required to appear before the Village Board at a public meeting to explain any such failure to comply. The Village Board at such hearing shall determine whether or not the developer shall have failed to comply and if there has been such a failure, may either:
(1) Rescind Its Approval. The Village Board may rescind its earlier approval, whereupon such recision and the cessation of all rights and privileges of the developer and owner, including the right to complete construction or to construct any building or other structure or improvements, shall become effective on the 31st day following mailing, by certified mail, to the developer at his/her last known address of a written notice of such recision; or
(2) Compliance Extension. The Village Board, in the alternative to recision, may adjourn such hearing for a period not to exceed sixty (60) days to enable the developer to comply; whereupon, if the developer is then in substantial compliance and has then established to the reasonable satisfaction of the Village Board that there will be compliance in the future, the rights and privileges of the developer and owner shall continue for such period of time that there shall be such compliance. If the developer is not then in substantial compliance or does not establish to the reasonable satisfaction of the Village Board that there will be compliance in the future, the Village Board will proceed in accordance with Subsection G)(l) above for recision.
(k) Revocation; Abandonment of Plan; Revocation to Basic Zoning Regulations and Uses.
(1) Revocation Upon Failure to Submit Precise Implementation Plan. In the event the developer shall fail to submit a Detailed Implementation Plan as revoked herein, the General Development Plan shall also be deemed revoked.
(2) Developer Abandonment of Project. In the event the developer shall elect to abandon the General Development Plan, after the same is approved and the area zoned to PUD Planned Unit Development Overlay District, the developer shall immediately notify the Village Board, in writing, and, upon receipt of such notice of abandonment, the General Development Plan shall be deemed revoked.
(3) Reclassification to Basic Underlying Zoning District. When recessions occur pursuant to the above, the area involved shall automatically revert to its underlying zoning and its applicable zoning regulations and uses.
(l) Major Changes.
(1) Major Changes Defined. Subsequent changes which alter the concept or intent of the planned unit development shall be defined as a "major change" and include, but are not limited to, the following:
a. Any change in the boundaries of the PUD District.
b. Any change in the permitted use to a less restrictive use.
c. Any construction of an accessory building or structure that is greater in dimensions than permitted by Section 13-1-200.
d. Any increase in the number of dwelling units over limits allowed by this Article.
e. Any change in the lot area or width requirements which were established at the time of approval.
f. Any change in the yard requirements which were established at the time of approval.
g. Any change in the amount or maintenance responsibility of common open space.
h. Any change in street locations or alignment.
i. Any change in the drainage plan.
j. Any subsequent land division.
k. Any change in the final governing agreements, provisions or covenants, agreed upon at the time of approval.
I. Any other change which is determined by the Zoning Administrator to constitute a major change.
(2) Action on Major Changes. The Zoning Administrator shall forward any major change to the Village Board for approval. Notice of the proposed change shall be given to all current property owners within the planned unit development area, at the expense of the petitioner, and shall be forwarded to any established association, pursuant to the procedures of the submitted association bylaws. Such major change shall be submitted as a new amendment to the PUD Planned Unit Development Overlay District and association general development plan and detailed implementa- tion plan, and shall follow the procedures in this Article for new applications.
(m) Subsequent Land Division. Any division of land or lands within a PUD Planned Unit Development Overlay District shall be accomplished pursuant to the land divisions regulations contained in Title 14 of the Village of Edgar Code of Ordinances. If such division is contemplated at the time of application for PUD District treatment, a preliminary plat of the lands proposed to be divided should also be filed with the Village at that time.