17.0 PUD PROCEDURES CONTROL
If an owner or developer wants to create a development of any type on one or more adjoining parcels of land in the village, the procedures as incorporated into the chapter as this Appendix D, are to be used to establish a Planned Unit Development (PUD) District by application in accordance with the provisions of this chapter and the requirements contained herein which shall take precedence over all other conflicting regulations contained in the chapter. The procedures of this Appendix D are to be used by the developer or owner to obtain information, plan land developments, apply for review and construct land improvements, and by the Commission, and Village Council, if appropriate, to review, study, make recommendations, approve, modify or reject such plans, and otherwise administer this chapter. The procedures found in this Appendix D are also designed to assure the construction of such improvements as reviewed by the Commission, that natural site assets such as existing trees and topsoil are preserved, that necessary drainage is provided, that on- and off-site extensions of pavements and utilities are constructed, that the village is assured that all required improvements are constructed for the entire project, and to provide enforcement procedures therefor.
17.1 PURPOSE AND INTENT.
The application of flexible and creative land use regulations to the development of land is often difficult or impossible within traditional zoning district standards. In order to permit the use of more flexible land use regulations and to facilitate use of the most advantageous techniques of land development, it is often necessary to establish a Planned Unit Development District designation in which development is in harmony with the general purpose and intent of this chapter. The objective of a Planned Unit Development District is to encourage ingenuity, imagination and design efforts on the part of builders, architects, site planners and developers, to produce development that is in keeping with overall land use intensity and open space objectives of this chapter, while departing from the strict application of the dimensional standards of the traditional districts. Planned Unit Development Districts are intended to allow design flexibility and provide performance standards that may, in addition to the purposes set forth in § 155.002:
(A) Minimize adverse impacts of development on the environment by preserving native vegetation, wetlands and protected animal species to the greatest extent possible;
(B) Increase and promote the use of pedestrian paths, bicycle routes and other non-vehicular modes of transportation;
(C) Result in a desirable environment with more benefits, amenities, improved arrangement and design than would be possible through the strict application of the minimum commitment to standards of a standard zoning district;
(D) Provide for an efficient use of land and public resources, resulting in co-location of harmonious uses to share facilities and services and a logical network of utilities and streets, thereby lowering public and private development costs;
(E) Foster the safe, efficient and economic use of land, transportation, public facilities and services;
(F) Encourage concentrated land use patterns which decrease the length of automobile travel, and encourage pedestrian circulation between land uses;
(G) Enhance the appearance of the land through preservation of natural features, the provision of underground utilities and the provision of recreation areas and open space in excess of existing standards;
(H) Avoid the inappropriate development of lands and provide for adequate drainage and reduction of flood damage;
(I) Ensure a rational and compatible relationship between residential and nonresidential uses for the mutual benefit of all;
(J) Provide an environment of stable character compatible with surrounding areas; and
(K) Provide for innovations in land development.
17.2 USES AND DESIGN STANDARDS.
(A) Uses. Within the PUD Zoning District, permitted uses shall include all uses allowable under the zoning chapter or a compatible combination of any or all of these uses provided the proposed location of any of the uses will not adversely affect adjacent property and/or public health, safety and general welfare.
(B) Design standards. The following design standards shall be maintained within every PUD Zoning District.
(1) Special attention should be given to designing a primary entrance to any building that is both attractive and functional. Primary entrances should be clearly visible from the street.
(2) Buildings should promote and enhance a comfortable pedestrian scale and orientation. Building elevations should be varied and articulated to provide visual interest to pedestrians.
(3) Exterior building materials and finishes should convey an impression of durability and permanence. Materials such as brick, stone and wood are encouraged. Divided light windows are encouraged, and painted and opaque glass, as well as glass block, are prohibited.
(4) Wherever possible, buildings should incorporate covered porches or arcades.
(5) Building elevations facing a street or pedestrian thoroughfare should be articulated with architectural features such as windows, dormers, offsetting walls, alcoves or bays. Undifferentiated blank walls facing a street, pedestrian thoroughfare or major parking area should be avoided.
(6) Roof forms must comply with the village’s minimum standard for pitch, with deep pitches preferred over shallow ones.
(7) Preferred colors for exterior building finishes, exclusive of roofs, include earth tones, pastels of earth tones, historic (e.g., “Williamsburg”) colors and the complete spectrum of grays and whites. High-intensity primary colors, metallic finishes and black are to be avoided, except as accent elements.
(8) All roof- and wall-mounted communications components (excluding those necessary for reception of satellite signals) should be screened from public view by walls, fences or evergreen foliage. Any communal garbage or recycling collection facilities should be treated likewise; screening by chain-link fence, with or without inserts, is prohibited.
(9) Buildings should be located to minimize the visibility of parking areas to pedestrians and vehicular traffic. The overall impression should be that architecture and landscape are the primary design elements. Street side parking is prohibited.
(10) A continuous pedestrian network of paved or graveled walks of a minimum width consistent with village ordinances must be provided, along with linkages to adjacent existing and planned pedestrian thoroughfares. Paving may consist of scored concrete or modular materials, including brick and stone; asphalt is prohibited as a paving material for this purpose.
(11) Building heights should help form a sense of street enclosure but should not create a sheer wall out of proportion with other neighborhood structures and with pedestrians.
(12) Landscaping should include trees planted along at least the street side of all pedestrian thoroughfares, with a minimum planting distance, on center, of 30 feet and a maximum of 70 feet. A bench must be provided at a minimum of every 500 yards.
(13) Grading of the site should be kept to a minimum to preserve the natural features of the site; excessive recontouring of the land is to be avoided. Likewise, efforts should be made to preserve mature trees on the site.
(14) Retaining walls, if necessary, must be designed as an integral part of the landscape. They must be constructed of, or faced with, attractive, durable materials such as brick or stone.
(15) Fences must conform with village ordinances. Additionally, vinyl fencing is prohibited.
(16) A PUD shall not exceed the building and hard surface density (normally regulated by lot size, setbacks and the like) as permitted in the conventional zoning district most similar in nature and function to the pertinent portion of the PUD as determined by the Commission. Where a PUD is most similar in nature and function to a Residential District, total impermeable surface area shall not exceed 25% of the area for development. Retention of large trees and use of varied architecture are encouraged to soften density. Roadways and building spacing shall be reviewed to assure sufficient width and turning radius for emergency vehicle access. Unless emergency access is otherwise assured, clearance between buildings shall be at least 17 feet measured at lowest point of roof overhang.
(C) Bufferyards. Bufferyards equivalent to Type D (screen or berm) shall be required to allow the placement of a PUD adjacent to an existing residential use. All PUD applications shall be reviewed by the Planning and Zoning Commission to verify adequate buffering sufficient to eliminate or minimize potential nuisances such as dirt, litter, noise, glare of lights, signs and unsightly buildings or parking areas, or to provide spacing to reduce adverse impacts of noise, odor or danger from fires.
17.3 GENERAL PROCEDURES.
Procedures and conditions set forth for determination of PUDs and development(s) therein shall be strictly followed except when the Planning Commission and Council have approved a written statement submitted with the rezoning application, by the applicant clearly showing that such procedures or conditions do not apply in the specific case.
17.4 OWNERSHIP.
A PUD shall be in joint or common ownership or control at the time the rezoning application is made for a PUD District, or where joint or common ownership and/or control does not exist, each owner within the planned unit development shall sign the application for rezoning. Any transfer of land within the development resulting in ownership within the development by two or more parties after an application has been filed shall not alter the applicability of the regulations contained herein. A development plan approved hereunder shall be binding upon the applicant(s), their successors and assigns and shall limit and control the issuance of validity of all certificates of zoning approval.
17.5 PLAN CONTENTS.
The following described contents shall be provided to secure approval for PUD zoning. The basic process shall require: (1) a preliminary development plan; and (2) a final development plan. All plans shall be drawn to a scale suitable to the scope of the project and acceptable to the municipality as determined by the Zoning Inspector. Ten copies of each plan shall be submitted to the Zoning Inspector, who shall accept such plans as Zoning Inspector, and as agent for the Commission.
(A) Contents of preliminary development plan. It is the intent of these regulations that the preliminary development plan indicates the following in text and/or map form, as appropriate:
(1) North point and scale;
(2) The location and size of areas of residential use, indicating dwelling unit densities, dwelling unit types, the total number of dwelling units for each density area, and the total number of dwelling units in the development plan;
(3) The size, location and use of nonresidential portions of the tract, including usable open areas, parks, playgrounds, school sites and other public areas and open spaces with the suggested ownership of such areas;
(4) The provision of water, sanitary sewer and surface drainage facilities, including engineering feasibility studies or other evidence of reasonableness;
(5) The traffic circulation patterns, including public and private streets and parking areas, indicating their relationship to topography and existing streets, or showing other evidence of reasonableness;
(6) The schedule of site development, construction of structures and associated facilities. Such schedule shall include the proposed use or reuse of existing features such as topography, streets, easements and natural areas;
(7) The relationship of the development to existing and future land use in the surrounding areas, the street system, community facilities, services and other public improvements;
(8) An affidavit of the applicant listing all property owners within the 200 feet contiguous to, and directly across the street from, the parcel(s) included in the preliminary development plan and their addresses as appearing on the County Auditor’s current tax list;
(9) A written statement regarding the potential impact of the proposed development on the student population of the local school district(s);
(10) A brief narrative explaining how the project will benefit the village, and why a PUD is needed; and
(11) Any other additional information that in the opinion of the Commission or village staff is pertinent to the review of the proposed plan.
(B) Contents of final development plan. Following approval of the preliminary development plan, a final development plan may be submitted to the Commission for all or any part of the approved preliminary development plan provided that no details of any final development plans shall necessitate revision of portions of the approved preliminary development plan located outside of the area to be included within boundaries of the final development plan. If revision of any portion of the preliminary development plan is required, a revised preliminary development plan shall be approved by the Planning Commission and all in accordance with the provisions of this chapter before approval of the final development plan. Council shall also be required to approve any change to the preliminary development plan and the rezoning. Final development plans are intended to be detailed representations of the total aspects of the approved preliminary development plan. Contents of the final development plan shall include:
(1) The boundaries of the property which is the subject of the final development plan with accurate distances and bearings from an established monument on the project to the three nearest established street lines or official monuments;
(2) All municipal, corporation, township and county lines and section lines traversing or immediately adjacent to the property which is the subject of the final development plan, and adjacent subdivision boundaries within 200 feet of such property, accurately referenced to the boundaries of the project by bearings and distances;
(3) A bar scale, north point, legal description and total acreage of the area which is the subject of the final development plan;
(4) Accurate location of all monuments, which shall be concrete six inches by six inches by 30 inches with iron pipe cast in center, one such monument to be placed at each corner and at each change of direction of the boundary, at each street intersection and at the beginning and end of curves on one side of the street;
(5) A certificate by a surveyor registered in the state that the plan represents a survey made by him or her and that the monuments shown actually exist and that all dimensional and geodetic details are correct;
(6) Accurate outlines, dimensions and legal descriptions of any areas to be dedicated or reserved for public use, with the purposes indicated thereon, and of any area to be reserved by deed covenant for the common use of all property owners, and the acreage of such reserved areas;
(7) The lines of adjoining streets and alleys with their width and names;
(8) All lot lines and easements with their dimensions;
(9) Radii, arcs, points of tangency, central angles for all curvilinear streets, and radii for all rounded corners; which shall be designed in such a manner as to allow free and easy access by fire engines and other large emergency and road maintenance vehicles;
(10) The dimensions and locations of proposed structures, buildings, streets, parking areas, yards, playgrounds, school site, open spaces and other public or private facilities;
(11) A detailed statement of all uses proposed to be established indicated in the areas to be occupied by each use and the anticipated density of population and building intensity;
(12) Detailed engineering plans for the provision of all streets and utilities including provisions for off-site connections and facilities necessary to serve the entire areas which are the subject of the final development plan;
(13) Detailed engineering site grading plans including proposed finished grades;
(14) Proposed drainage facilities;
(15) Detailed landscaping plans;
(16) Architectural drawings demonstrating the design and character of the proposed structures, buildings, uses and facilities and the physical relationship of all elements;
(17) All proposed restrictions or reference made thereto and proper acknowledgment of owners and/or holders of mortgages accepting such restrictions;
(18) Evidence that the applicant has sufficient control over the land in question to initiate the proposed project within five years;
(19) A certificate to the effect that the owner will dedicate to public use all streets, sidewalks, parks and other lands intended for public use, sewer systems, water systems, hydrants and all other project infrastructure, provided the same are acceptable to the village;
(20) A tabulation showing the exact area of each lot, reserve or other parcel shown on the plan (other than streets and alleys), such areas to be computed inclusive of and after the extension of lot or parcel lines to the centerlines of contiguous public ways, such as streets and parking areas;
(21) Approval of detailed water and sewer engineering plans by County Health Department and the State EPA, including certification that all permit-to-install (PTI) fees for the State EPA shall be paid by the developer;
(22) Space for signature of the Planning Commission Chair, Vice Chair or designee and the date of Commission approval;
(23) Location and character of all signs;
(24) The proposed size, location, ownership and use of nonresidential portions of the tract, including usable open areas, parks, playgrounds, school sites, other public areas and open spaces, and the methods of access whereby all residents of the PUD can have ingress to and egress from the aforesaid areas or portions of the tract whether such areas have been previously established or will be established in the future;
(25) An affidavit of the applicant listing all property owners within the 200 feet, contiguous to, and directly across the street from the parcel(s) included in the final development plan and their addresses as appearing on the County Auditor’s current tax list;
(26) A surety bond in favor of the village, from a company authorized to transact business in the state, and acceptable to the village, and in an amount set by the village in consultation with its engineers, conditioned on the faithful performance of the developer in completing all street, sewer, water, sidewalk and other infrastructure elements of the project; and
(27) Any other additional information that in the opinion of the Commission, Village Council or village staff is pertinent to the review of the proposed plan.
17.6 BASIS OF PLAN APPROVAL.
(A) Deviations from strict application of traditional zoning district standards found elsewhere in this chapter shall be fully offset by specific advantages of creative land use as determined by the Commission. In particular, maximum use of common open space or “green space” is encouraged as an important offsetting factor permitting relaxation of traditional standards. “Common open space” means a visible and accessible parcel or parcels of land within a site, designed and intended for the use and enjoyment of all of the occupants of the PUD. In keeping with the rural, pedestrian character of the community, common open space should include, but not be limited to, recreational areas, natural areas, landscaped areas or other improvements or amenities beneficial to the health, safety and welfare of the public, PUD occupants and PUD visitors. “Common open space” shall be reviewed, determined and approved by the Commission.
(B) Other factors to be considered for approval of the preliminary development plan include:
(1) That the proposed development is consistent in all respects with the purpose, intent and applicable standards of the zoning chapter;
(2) That the proposed development advances the general welfare of the municipality;
(3) That the benefits, amenities, improved arrangement and design of the proposed development justify the deviation from standard development requirements included in the zoning chapter;
(4) The various types of land or building that are proposed in the project;
(5) Where applicable, the relationship of buildings and structures to each other and to such other facilities as are appropriate with regard to land area; proposed density of dwelling units may not violate any contractual agreement contained in any utility contract then in effect;
(6) Traffic and circulation systems within the proposed project as well as its appropriateness to existing facilities in the surrounding area;
(7) Building heights of all structures with regard to their visual impact on adjacent facilities;
(8) Front, side and rear yard definitions and uses where they occur at the development periphery;
(9) Area ratios and designation of the land surfaces to which they apply;
(10) Spaces between buildings and open areas;
(11) Width of streets in the project;
(12) Setbacks from streets;
(13) Off-street parking and loading standards;
(14) The order in which development will likely proceed in complex, multi-use, multiphase developments; and
(15) The potential impact of the proposed plan on the ability to provide police and fire protection, sewer, water and other village services, and the impact on student population of the local school district(s).
17.7 PROCEDURE FOR APPROVAL OF A PUD.
The following procedures shall be used to secure approval of a PUD and the appropriate changes of zoning resulting therefrom.
(A) Pre-application meetings and documents.
(1) Pre-application meeting. The applicant is encouraged to meet informally with the Village Zoning Inspector to submit a pre-application plan for review and discussion prior to the formulation and submittal of a preliminary development plan. The pre-application plan is conducted for the applicant’s benefit, at applicant’s discretion, and its submission does not constitute a formal review. With the submission of the pre-application plan, the applicant waives any rights to a formal approval until such time as a preliminary development plan is submitted for approval as detailed in these provisions. Additionally, the applicant is encouraged to meet with the Chief of the College Township Fire Department. The Village Administrator and the Fire Chief shall review the plan to ensure that all public roadways serving the PUD are designed in such a manner as to allow free and easy access by fire engines and other large emergency and road maintenance vehicles, and to ensure water mains and fire hydrants are of sufficient size and quantity to efficiently extinguish fires.
(2) Existing resources and site analysis plan. The Zoning Inspector shall review the pre-application plan submitted by the applicant, and provide a preliminary determination as to whether the proposed project is feasible given village resources, and whether the site is suitable for the project being contemplated.
(3) Site inspection by the Chair of the Commission, the Zoning Inspector and the applicant. After review by the Village Zoning Inspector, the applicant’s preliminary development plan shall be forwarded to the Village Commission, which shall schedule a date and time to inspect the project site with the applicant.
(4) Pre-sketch plan conference. After site inspection has been completed, the Village Commission shall meet informally with the applicant for review and discussion prior to submittal of a preliminary development plan. Notice of the conference shall be provided by the Commission to all adjoining landowners by ordinary mail at least ten days prior to the conference.
(5) Sketch plan overlay sheet. After the pre-sketch plan conference, and prior to submitting a preliminary development plan, the applicant shall submit a sketch plan overlay sheet, roughly showing the boundaries of the proposed project, and the areas designated therein. The sketch plan overlay sheet shall be reviewed by the Village Commission, and returned to the applicant with comments relative to the scope, layout and feasibility of the project.
(B) Submission of preliminary development plan.
(1) The applicant shall submit a preliminary development plan in accordance with this chapter, with all of the information required by § 17.5(A) of this appendix, along with the required filing, engineering and legal fees.
(2) The fee for filing a preliminary development plan shall be $300. Additionally, the applicant shall pay such reasonable fees as may be required for the preliminary development plan to be reviewed by the village’s engineers and legal counsel. Initial engineering and legal fees shall be estimated by the Zoning Inspector, in consultation with the village’s engineers and legal counsel. The estimated engineering and legal fees shall be based upon the scope and complexity of the project, and shall be paid in advance along with the filing fee. Additional engineering and legal fees shall be assessed in direct proportion to the number of change orders ultimately required for the preliminary development plan stage of the project. The applicant shall pay such additional engineering and legal fees, based on the village’s actual costs therefor, within 30 days after receipt of an invoice therefor.
(C) Review of preliminary development plan.
(1) Ten copies of the completed application and preliminary development plan shall be submitted to the Zoning Inspector at least ten days prior to the Planning and Zoning Commission’s next scheduled meeting. Failure to submit a complete application, as determined by the Zoning Inspector, shall result in a refusal of acceptance.
(2) The Zoning Inspector shall transmit the complete application package to the Commission, and other parties as the Zoning Inspector deems appropriate, for review and comment.
(3) A public hearing by the Commission shall be held not more than 45 days from the date of acceptance of the application package.
(D) Action by Commission. Within 35 days from the public hearing, the Commission shall review the application for preliminary development plan and forward one of the following recommendations to Village Council:
(1) Recommend that the zoning amendment be granted as requested, with rationale;
(2) Recommend modification of zoning amendment, with rationale; and
(3) Recommend that the zoning amendment be denied, with rationale.
(E) Action by Village Council. Upon receipt of the recommendation by the Commission, Village Council shall review and take action on the application, following the procedures specified in this appendix. Following approval by Village Council, the subject shall be considered as zoned PUD. The approval of that zoning shall be conditioned on development of the tract being in conformance with the final development plan.
(F) Submission of final development plan.
(1) Not later than 12 months from the approval of the preliminary development plan, the developer shall submit a final development plan in accordance with this appendix. The final development plan shall be in general conformance with the preliminary development plan, and shall include all information required by § 17.5(B) of this appendix. At the time the final development plan is submitted, the developer shall also submit the required filing, engineering, and legal fees. Failure to submit a final development plan within the specified time period shall render the approved preliminary development plan and the rezoning of the property null and void.
(2) The fee for filing a final development plan shall be $300. Additionally, the applicant shall pay such reasonable fees as may be required for the final development plan to be reviewed by the Village Engineer and Village Solicitor. Initial engineering and legal fees shall be estimated by the Zoning Inspector, in consultation with the Village Engineer and Village Solicitor. The estimated engineering and legal fees shall be based upon the scope and complexity of the project, and shall be paid in advance along with the filing fee. Additional engineering and legal fees shall be assessed in direct proportion to the number of change orders ultimately required for the final development plan stage of the project. The applicant shall pay such additional engineering and legal fees, based on the village’s actual costs therefor, within 30 days after receipt of an invoice therefor.
(G) Review of final development plan.
(1) Ten copies of the completed final development plan shall be submitted to the Zoning Inspector at least ten days prior to the Commission’s next scheduled meeting.
(2) The Zoning Inspector shall transmit the final development plan to the Commission, and other parties as the Zoning Inspector deems appropriate, for review and comment.
(3) A public hearing by the Commission shall be held not more than 45 days from the date of acceptance of the final development plan.
(H) Action by Planning Commission. Within 35 days from the public hearing, the Commission shall approve, or approve with modification, the final development plan if it finds that said plan is in conformance with the approved preliminary development plan, and that no significant constraints exist to construction of the project as planned. Thereupon, the Commission Chair, Vice Chair or designee shall affix his or her signature and approval date thereto attesting to such approval. Following approval of the final development plan and the attestation of such action by the Commission Chair, Vice Chair or designee, the applicant shall provide one Mylar copy of all plans as part of the final development plan for records of the village.
(I) Council approval prior to recording. A final subdivision plat prepared in accordance with applicable requirements of the subdivision regulations for the area covered by the final development plan shall be prepared for Council approval prior to appropriate recording.
(J) Amended preliminary development plan. At any time the applicant and/or his or her successors in title to the property may submit an amended preliminary development plan. In such event the same procedures shall be followed as in the case of an original preliminary development plan and if approved such amended preliminary development plan shall in all respects be considered as if it were the originally adopted preliminary development plan.
(K) Expiration and extension of approval period. The approval of the final development plan shall be for a period of not to exceed two years. If no construction has begun within two years after approval is granted, the approved development plan shall be null and void, and the land shall revert to the zoning district in which it was located prior to the amendment. An extension of this time limit may be approved if the Commission finds that such extension is in the public interest.
(L) Option to consolidate preliminary development plan and final development plans. At the developer’s option, with the consent of the Commission, the developer may consolidate the procedures for submission and approval of the preliminary development plan and final development plan. In the event of such a consolidation, the developer and the Commission shall mutually agree upon plan content, fees and timelines.
17.8 RECORDING AND TRANSFER.
When a final plat is approved by Council, the owner shall file and record the same in the office of the County Recorder within three months unless such time is, for good cause shown, extended by resolution of Council. If not recorded within this time, the approval of Council shall become null and void. If construction has not begun within two years of approval of the final development plan, all approvals and permits shall be invalidated and canceled. Original tracings will become the permanent record of the County Recorder. One copy of this tracing, reproduced on Mylar, showing the date and place of recording, shall be supplied by the owner to Council as local public records. Such two-year period may be extended by the Commission for good cause.
17.9 APPEAL.
If the Planning Commission disapproves the final development plan in a PUD application, the applicant shall have 30 days in which to file an appeal with the Council for review. Such appeal shall be in writing, filed within 30 days of the disapproval, and shall be filed with the Village Administrator. Council shall hold a hearing on the appeal within 60 days after it is filed, and shall render a written decision with findings of fact and conclusions within 30 days after the hearing is concluded.
17.10 LAND FOR PUBLIC AND COMMON USE.
(A) Dedication and acceptance of streets; related title insurance. The preliminary development plan shall include all requests for dedication of any land for public use and any easements. The acceptance of any street or utility for public use and maintenance, and assignment of street names, shall be by separate action of Village Council. Six months after the completion of permitted paving, but not sooner than June 1 of the year following the completion of the pavement, an inspection of all street improvements installed by the developer shall be made by the Village Engineer. Any defects disclosed by this inspection shall be corrected by the developer at his or her expense. When the street improvements installed by the developer are approved by the Village Engineer, the developer shall file as set forth in this chapter an abstract, certificate of title, guarantee of title or title insurance in the amount of at least $1,000 showing the title to the street or streets in the subdivision of the village to be good for street purposes and to be free and clear from all encumbrances whatsoever. The Commission shall then approve the plat for the dedication of such street areas, shall accept the streets as village streets and release all related bonds (see below).
(B) Land reserves for public use; “common open space”. In addition to land for local streets which principally serve the subdivision, the Commission may request by resolution that land for other streets, for parks, playgrounds or other public uses as necessary, be set aside and preserved for a period of 120 days after the application for approval of a preliminary development plan is submitted, or for a longer period as may be mutually agreed, to allow the village time to start proceedings to acquire such land by gift, purchase, exchange, devise or appropriation. During such period, no structure shall be erected, no trees or topsoil shall be removed or destroyed, no grading shall be done, nor shall any land so reserved be put to any use whatsoever except on written approval of the Commission. If no “common open space” or open land for a recreational or open and passive use is shown within a proposed PUD, the Commission may reject the application and require the developer reapply with a new design that provides such “common open space”.
(C) Common land. Whenever a developer submits a preliminary development plan showing common land either for recreation, streets, pedestrian circulation or other purposes, the covenants and restrictions of such land shall be submitted with the preliminary development plan to the Commission. The Commission shall not approve any common land unless such covenants and restrictions set forth that the common land shall be:
(1) Used only for the uses set forth in the restrictions and covenants;
(2) Improved by the developer;
(3) Owned by a home association, condominium ownership or similar private or non-profit organizations with owners of each dwelling unit having a share in the common land; and
(4) Maintained at no cost to the village with the owner of each dwelling unit and/or lot, or alternatively the organization, being responsible for his or her share of the maintenance cost, which share when not paid shall be a lien against the property. The Village Solicitor shall give his or her written approval of such covenants and restrictions as a precondition to acceptance by the Commission.
17.11 DEVELOPER RESPONSIBLE FOR REQUIRED IMPROVEMENTS.
The developer of any PUD shall provide and install at his, her or its expense the improvements required by the preliminary development plan; or he, she or it shall provide financial guarantees in lieu of actual installation as precedents to the recording and sales of lots and the issuance of zoning certificates.
(A) Improvements within the PUD. Land for rights-of-way for all streets within the subdivision shall be dedicated by the developer, and all necessary related easements shall be provided. Utilities and pavements shall be furnished and installed as hereinafter required and they shall be of such sizes and capacities as are required for the development and as may be necessary to serve adjacent undeveloped land which is an integral part of the service area. The developer shall be required to extend improvements to the boundary of the PUD to serve adjoining land. However, where the Commission determines that a connecting street is necessary for the adjoining land, but the present construction of pavement and/or utilities therein are not warranted, the Commission may require the dedication of land for such connecting street and the pavement for the intersections constructed and connections to the utilities made available for future extension.
(B) Off-site extensions. The construction of off-site improvements may be required of a developer as a precedent to approval if adequate utilities or streets are not available at the boundary of the proposed PUD, provided the Commission finds the extension of the improvements across undeveloped or unserved areas would not be warranted as a special assessment to the intervening properties or a municipal expense until some future date.
(C) Grading. The developer shall prepare a grading plan in order to establish street grades, floor elevation of buildings and a system of drainage for private lots, all in proper relation to each other and to existing topography, as follows.
(1) The grading plan shall be established with the intention of meeting the following purposes: to divert water away from buildings; to prevent standing water and soil saturation detrimental to buildings and the use of the lot; to provide for disposal of water from the lot except that which shall be retained for irrigation; to preserve desirable and valuable site features; and to provide grades for safe and convenient access to and around buildings and the lot for their use and maintenance.
(2) The finished grading shall be designed in accordance with all relevant state provisions, if any. The grading of the roadway shall extend the full width of the right-of-way except in rolling topography. Tree lawns shall be graded at a gradient of not less than 2% or more than 4% upward between the curb and the sidewalk or property line.
(3) The floor elevation of each building shall be established in proper relation to the surrounding grades, to the driveway and the street. There shall be a minimum grade of 2% around each building so that water drains to lower areas or drainage swales which shall have a minimum grade of 0.5%. The lot drainage system shall be designed so that surface water shall drain onto the driveway, a drainage structure on the lot, a street gutter and storm sewer or a natural drainageway. The minimum grades of impervious surface driveways shall be 0.5%; the maximum shall be 12%. Grading shall be adjusted so there shall be no abrupt grades in the front yards and along side lot lines. The grades of earth terraces shall not exceed a two and one-half to one slope. If a masonry retaining wall exceeds three feet in height, a hedge, fence or railing shall be provided on its top.
(4) The topsoil shall be stripped from the roadway and construction areas, piled separately and not removed from the site or used as spoil. The Commission may require that as many trees as can be reasonably utilized in the final development plan be retained, and that grading be adjusted to the existing grade around the trees.
(D) Drainage facilities. A drainage system shall be designed and constructed by the developer for the proper drainage of the surface water of the PUD and each lot as follows.
(1) Enclosed storm sewer. An enclosed storm sewer system shall be provided and connected to an existing storm sewer system, drainage ditch or other waterway, as determined by the Village Engineer. The system shall have a capacity to serve the PUD and drainage area of which it is a part. The system shall include pipes, culverts, manholes, catch basins, drain inlets and a connection for each lot.
(2) Open drainage system. Subject to the approval of the Commission, the developer may rechannel drainage to any watercourse through his or her property in order to contain the storm drain flow. The developer may be required to deed in fee, dedicate or grant an easement to the village for a drainage channel not less in width than required by a plan or standards adopted by the village or as directed by the Engineer. The developer shall be responsible for clearing the drainage way of all debris as a condition of acceptance of this method of drainage. The Village Engineer shall determine the proper cross-section, grade, width of channel and alignment of the open drainage system.
(3) Design standards. The drainage system shall be designed in accordance with the standards of the County Engineering Department. The design of storm frequency shall be for five years (for single- and duplex uses) or ten years (for all other uses). During any two-year storm, post-development stormwater discharge shall not exceed pre-development stormwater discharge.
(4) Acceptance of storm and sanitary sewers. Prior to final approval of any newly installed sewer system and/or reconstructed sewer, the contractor constructing such sewer or the developer shall cause to be made at his or her expense one set of photographs of the entire sewer system installed, both sanitary and drainage, at the completion of all mains, showing thereby that the sewer system was constructed upon sound engineering standards and that the system is free of any and all accumulations of foreign substances and debris and that the passage and flow of sewage and stormwater shall be free and clear. Upon inspection of such photographs, and if satisfied that such sewer is free and clear of all foreign substances and debris and is of sound workmanship and complies with sound engineering standards, the Village Engineer is thereupon authorized to approve the same as a final inspection, placing in safe keeping for future reference all photographs which shall remain the property of the village.
(E) Sanitary sewers. Sanitary sewers shall be designed in accordance with the master sewer plan of the village and shall be constructed by the developer; a house connection shall be provided for each lot or unit. The sanitary system shall be designed and constructed in accordance with such regulations and standards established by the Village Engineer and/or the County Sanitary Engineering Department. Final approval shall be made according to the process found in division (D) of this section.
(F) Water service. A public water distribution system shall be designed and constructed by the developer and a supply shall be provided for each lot or unit. The water distribution system shall be designed and constructed in accordance with the rules and standards established by the Village Engineer and/or the County Water Department.
(G) Utility service. All utilities, including gas, electric, cable and telephone services shall be located underground. The electrical contractor for the developer shall install code approved galvanized conduit of rigid type at a minimum burial depth of 24 inches below the finished grade. The initial backfill shall be a minimum depth of 12 inches of sand. The conduit shall run from the grade level connection chamber to the meter socket and shall conform to any specifications of the servicing electric company. Galvanized conduits of a rigid type shall be used for all bends and connections. The electrical contractor shall also install in a like manner conduit to service telephone lines from the telephone company roadway ground connection to the telephone entrance ell. The installation shall conform to the specifications of the telephone company.
(H) Gas fuel service. The developer shall submit plans for a gas fuel distribution system for the PUD development and a supply line shall be provided for each lot. The gas system shall be designed and constructed in accordance with the rules and standards of the Federal Department of Transportation.
(I) Pavement, curbs and sidewalks. The pavement, curbs and sidewalks shall be designed and constructed by the developer according to the following standards.
(1) Pavement. For all pavement constructed in accordance with this chapter, the width of the pavement shall be measured between the vertical faces of straight curbs and the outside edges of rolled curbs. The materials and the construction shall be in accordance with the Material Specifications of the State Department of Transportation. The pavement requirements may be modified if found necessary by the Village Engineer, and if approved by the Commission in advance of installation, because of extraordinary traffic loads or unusual soil conditions in specific locations. After the underground utilities and house connections are installed and backfilled, and rough grading completed, the roadway subgrade shall be shaped, rolled and compacted. In PUD developments approved for concrete streets and those which are continuations or extensions of existing concrete streets, the developer shall construct the final pavement of reinforced concrete with integral curbs, or the developer may request to construct a temporary pavement of slag or stone for use during the building construction period and furnish a cash bond of at least 25% of the amount of the performance bond or in other amounts mutual agreed to, guaranteeing that all pavements shall be maintained in a passable and reasonable condition and rebuilt as necessary to comply with the standards of the village at the completion of the construction of the buildings and without expense to the village, until final acceptance of final pavement for maintenance and use. Otherwise, in all other developments, the developer shall construct asphalt pavement for roadways unless new, more “environmentally friendly” materials become available and are requested by the Commission. In subdivisions where the topography is undulating such that lot grades shall create difficulties in construction, then the developer may elect to construct an asphalt pavement with flush curbs and no gutters, provided that the Village Engineer has approved such installation in advance.
(2) Curbs and gutters. Where required by this chapter, concrete roll curbs integral with the pavement shall be constructed. Straight curbs may be provided at intersections where rolled curbs are used elsewhere.
(3) Driveways and curb cuts. Driveways and curb cuts shall be located along the lowest side of the lot, not less than three feet from the side lot line or another driveway, unless two driveways are to be combined into a shared driveway. Shared driveways or service drives are encouraged; recorded easements for such elements are required. Developments using shared driveways or service drives may reduce the required side yards by one-half. Driveways shall be not less than eight feet and not more than 16 feet wide. Curb cuts or straight curbs and the flare for rolled curbs of driveways shall be three to five feet wider than the driveway on each side; the driveway grade of the apron shall not exceed 3% from the edge of the pavement to the property line and the maximum grade of the on-site driveway shall not exceed 10%.
(5) Public sidewalks. Sidewalks shall be constructed contemporaneously with street construction. The developer shall grade the tree lawns on both sides of the street between the curb and the sidewalk. A developer may seek a waiver of the requirement to construct sidewalks contemporaneously from the Commission; such a waiver shall require the installation of sidewalks upon the sale of 51% of the lots or units in the subdivision or within two years from the time when the development was first opened for sale, whichever occurs first. Sidewalks shall be located in the public right-of-way so that the inner line is approximately six inches from the property line. On corner lots, each sidewalk shall be extended to the curb. Sidewalks shall be not less than three and one-half feet wide and no more than five and one-half feet wide. Sidewalks shall be constructed of concrete four inches thick or gravel and shall link directly with the nearest existing village sidewalk.
(J) Street trees. The developer shall select and install deciduous trees to be planted along the tree lawn of all developments. Trees shall be planted on the tree lawn at an interval of no less than 50 feet. Tree species shall be selected with such habit of growth that they shall fill the space desired within a reasonable time, producing a pleasing effect in scale with adjoining property. Miniature tree species shall not be used in tree lawn planting. Trees of untried species, or unknown endurance or those requiring frequent spraying shall not be used. Trees generally recommended along streets are red maple, Norway maple, sugar maple, red oak, white oak, thornless honey locust, London plane, amur cork and sweet gum. Trees which have undesirable characteristics such as excessively thick foliage, low branches, unpleasant odors, susceptibility to disease or attack by insects or which have large root systems shall not be planted in any tree lawn; some of these include, but are not limited to, poplar, willow, cottonwood, American elm, nut or fruit trees, Ailanthus, mountain ash and other ash varieties and Oregon maple.
(K) Design standards for required improvements. The design of the water system, storm and sanitary sewage systems and roadways, the grading of the subdivision and each lot shall be in accord with the various aforesaid standards and requirements. Drawings and specifications for such improvements shall be reviewed and approved by the Village Engineer, and the installation shall be subject to his or her continuous inspection. At the completion of construction, and before acceptance, the developer shall furnish the village with a set of records or “as-built” tracings showing the locations, size and elevations of all underground utilities.
17.12 PERFORMANCE GUARANTEE IN LIEU OF INSTALLATION OF IMPROVEMENTS.
Concurrently with the application for approval of the final plat, the developer shall execute and file with the village a performance bond, secured as hereinafter required, in lieu of actual installation or completion of required improvements.
(A) Form of bond. The performance bond shall be conditioned upon proper installation of all improvements approved by the Commission and required by the codified ordinances of the village within two years after such approval, and shall provide that the village shall have the right, in the event of default: (1) to install the required improvements after first giving ten days’ written notice to the developer; (2) to proceed against the developer and against any surety on the bond for the cost thereof; and (3) to apply to the cost of such improvements any funds deposited with the village in escrow as security for performance of the conditions of the bond. The bond shall further provide that the developer shall hold harmless the village, its agencies, officers and employees from all claim, demands and causes of action of every nature and description arising out of the installation of improvements within the developer’s PUD, conditions existing during the construction or installation of such improvements and all damages to neighboring property owners resulting from approval of the developer’s PUD by the village and the installation of improvements therein, including, without limitation, damages resulting from increase in surface water flowing from the PUD and all claims arising out of changes to natural ditches or drainage courses. The terms “claim, demands and causes of action,” shall include all expenses of defending against such claims, demands and causes of action, including fees payable to attorneys and expert witnesses, wages paid to village employees while occupied in defense of such claims, demands and causes of actions and wages or salaries reimbursed by the village to village officers to compensate them for wages and salaries lost while engaged in such defense. The form of each performance bond shall be approved in writing by the Village Solicitor.
(B) Security for bond. Performance bonds shall be secured by either:
(1) Guarantee. The written guarantee of one or more surety companies authorized to conduct business within the state. The form of such guarantee shall be approved in writing by the Village Solicitor. The Village Solicitor may reject a performance bond in the event that he or she reasonably determines that the assets of the surety company or companies, subject to attachment within the State of Ohio, are insufficient to secure performance of the developer’s obligations, taking into account other outstanding liabilities and contingent liabilities of the surety company or companies; or
(2) Deposit. Deposit of cash in the full face value of the bond, with the village or with an escrow agent or trustee. In the event funds are deposited with an escrow agent or trustee, all documents or instruments governing the terms of such deposit shall be approved in writing by the Village Solicitor.
(C) Amount of bond. The amount of performance bonds shall be determined by the Village Engineer, and shall be in an amount equal to the estimated total cost of materials and labor required to install or construct all improvements required by this chapter including the estimated cost of repairing or reconstructing public improvements which may be damaged by construction activity. The amount of a performance bond shall also include estimated damages, if any, to neighboring properties which are the subject of the hold harmless provision contained in division (A) of this section, and the estimated costs of defending against claims for any such damages.
(D) Reduction of bond and return of security. When the Village Engineer has certified in writing that all PUD improvements have been satisfactorily completed, the performance bond submitted by the developer shall be canceled and all funds deposited as security therefor shall be returned. Upon written certification by the Village Engineer that any portion of the improvements has, upon inspection, been found satisfactorily completed, a reduction in the amount of bond or partial withdrawal of funds deposited as security therefor, equal to the cost of such completed improvements, as estimated by the Village Engineer may be authorized by such Village Engineer if, in the opinion of the Village Engineer, the remaining bond or security shall be fully sufficient, under all circumstances, to guarantee performance of the conditions of the bond. In the event that the developer shall have been required to post a maintenance bond for the same subdivision pursuant to the requirements of this chapter, the village may retain so much of the funds posted as security for the developer’s performance bond as may, in the judgment of the Village Engineer, be necessary to provide adequate security for the performance of the conditions of the developer’s maintenance bond.
17.13 CERTIFICATION OF COMPLETION; MAINTENANCE BOND.
(A) Certification of completion. With respect to all improvements which have been installed by the developer, the Village Engineer shall furnish to the Commission, at the time that the request is made for final approval, a certification that all such improvements have been constructed and installed according to the approved plans therefor, and are ready for use and that they have been approved by the various agencies whose approval is required.
(B) Maintenance bond. The developer shall furnish to the village a maintenance bond in the amount of the total cost of all improvements that have been installed. This bond shall be conditioned on the proper operation of these improvements for a period of three years from the date of the granting of the final approval. The bond shall provide that the village shall be held harmless and free of tort and contract claims of third persons, with the right given to the village to affect any necessary repair or correction of these improvements during such three-year period and hold the principal and surety jointly and severally liable on the bond. Before the village exercises its right to effect any necessary repairs or correction to the required improvements during such three-year period, it shall first give a ten-day written notice to the developer of its intention to do so. The developer may elect to make the necessary repairs or corrections during that time and give notice to the village of completion thereof.
17.14 INSURANCE.
The developer agrees to indemnify and hold harmless the village against and from any and all loss, cost, damage, liability and expense on account of damages to property of, or injury to or death of, the village and any of its employees, agents or representatives or any third person, caused by, growing out of or in any way whatsoever attributable to the construction of the improvements and the use of any street during construction. The developer further agrees, but without limiting its liability, to indemnify the village to carry liability insurance contracts with any insurance company or companies acceptable to the Clerk of Village Council during the period of construction in the sum of between $100,000 and $200,000 for injury to or death of persons, and in the sum of $5,000 for damage to or destruction of property, which insurance contracts shall include the village as a named insured. The developer agrees to maintain on file with the village during the period of the construction, certificates or memorandum of insurance evidencing that the insurance contracts are in force. As a precondition to installation of the required improvements, the developer shall place his or her agreement to these conditions in writing that shall be filed with the insurance records with the village.
(Ord. 1999-03, passed 3- -1999; Ord. 2013-04, passed 2-4-2013; Ord. 2014-07, passed 11-3-2014)