In recommending approval or granting approval of preliminary development plans and final development plans, the Planning and Zoning Board and the Village Council shall ensure that the proposed P.D. meets the following standards.
(A) Ownership. The land intended for the P.D. shall be under single ownership and/or unified control.
(B) Compatibility. The proposed use or combination of uses is consistent with the goals and objectives of the Comprehensive Plan.
(C) Accessibility. Adequate utilities, road access, draining, police and fire service and other necessary facilities already exist or will be provided to serve the proposed P.D.
(D) Designation of land for schools, recreational amenities and permanent common open space. The proposed P.D. shall provide for the dedication of land for school sites and land for recreational purposes. Alternatively, the Village Council may approve a cash payment in lieu of actual land dedication, or may approve a combination of cash and land dedication.
(1) Common open space. Common open space shall be provided for recreational purposes. The open space may be designed for active or passive recreational use. Common open space shall meet the following standards:
(a) Each parcel of common open space intended for active recreation shall be at least 12,000 square feet. The minimum width of the common open space shall allow for the safe participation in the active recreational activities for which it is designed. For trail purposes the minimum open space width shall be 20 feet;
(b) Each parcel must be accessible to all the residents of the proposed P.D. Sidewalks, bike trails or pedestrian trails must link the parcels;
(c) The slope must be appropriate for the activities for which the common open space is intended; and
(d) Land dedicated for public park purposes may be included in the calculation of usable common open space.
(2) Areas excluded from common open space. Common open space shall not include:
(a) Areas reserved for the exclusive use or benefit of an individual tenant or owner;
(b) Dedicated streets, alleys, and other public rights-of-way;
(c) Required detention areas, floodplains or wetlands, unless the Village Council determines that natural features, such as a creek or lake, will be a substantial amenity for the development;
(d) Irregular or unusable narrow strips of land less than 50 feet wide, unless containing a trail or bicycle path; and
(e) Existing permanent utility easements.
(E) Open space ownership and maintenance.
(1) Public or private ownership. The public or private ownership and maintenance responsibilities for all common open spaces shall be established by the developer and approved as part of the ordinance authorizing the P.D. All common areas should be platted as separate outlots. Restrictive covenants running with the land shall guarantee that the common open space will be properly cared for and used only for purposes designated in the P.D.’s approved final development plan.
(2) Maintenance. To ensure appropriate long-term maintenance of private common open space the developer shall submit a detailed open space management plan describing the method and schedule of maintenance.
(F) Limits on use. No common open space may be put to any use not specified in the final development plan unless the final development plan has been amended according to § 15.15.450 of this chapter.
(G) Special service area. A back-up (dormant) special service area shall be required, at the sole discretion of the Village Council, to ensure adequate property maintenance. This special service area shall be created at the time of final platting of the first phase of the P.D., and shall include all phases of the planned development. In the event the entity that has ownership and maintenance responsibilities fails to adequately manage the open space, the village may assume maintenance responsibilities until such time as that or another appropriate entity can manage the open space. The village may tax the property of those within the special service area for the village’s prior and estimated future cost of maintaining the open space.
(H) Completion of recreational facilities and other site amenities.
(1) Commencement of construction. Construction of recreational facilities and other improvements to common open spaces serving a P.D. shall commence in accordance with the approved P.D. ordinance. At a minimum, the improvements shall commence prior to the completion of not more than 33% of the dwelling units in the development or prior to the completion of the first 75 dwelling units, whichever comes first.
(2) Completion of construction. Recreation facilities and other improvements to common open spaces shall be completed prior to the issuance of building permits for the last 25% of the dwelling units, or 25% of the total gross floor area of commercial and industrial uses within a P.D. developed as a single phase.
(3) Phased developments. In P.D.s containing two or more phases, construction of recreation facilities in earlier phases shall be completed prior to the issuance of occupancy permits for the next phase of the P.D.
(I) Commercial development. Commercial development within a P.D. should be focused on the provision of goods and services to community residents. To further this goal, a maximum of 30% of the building square footage within a commercial P.D. should be comprised of non-retail uses.
(J) Additional conditions. To meet the unique circumstances presented by each P.D., and to protect the health, safety, and general welfare of existing village residents and the residents of the proposed development, the Village Council reserves the right to attach any other conditions it deems necessary, but not specifically provided in this chapter, to the approval of the P.D.s. Such additional conditions may include, but are not limited to, more stringent requirements for construction, phasing and revocation.
(Ord. VG06-416, passed 10-23-2006)