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(A) Upon receiving the recommendations of the Planning Commission of the final development plan and the petition for PUD rezoning, or either of them, are approved or disapproved only in part, or if the Village Council imposes conditions or requirements not previously imposed by the Planning Commission, the matter shall first be referred to the Planning Commission who shall than forward its recommendations thereon to the Village Council, after which the Village Council may proceed to take action to approve or disapprove the final development plan and the petition for PUD rezoning. Such action by the Village Council shall take place in the same manner as is provided in this chapter and in Act 208 for the rezoning of lands to any zoning district. A public hearing shall be held and notice provided pursuant to § 152.274. If approved by the Village Council, a copy of any amendment of this chapter rezoning lands to the PUD zoning district shall be forwarded to the Village Clerk for publication and filing with the village zoning ordinance.
(B) In reviewing the final development plan and in considering the petition for PUD rezoning, the Village Council shall determine whether the plan complies with the terms and provisions of this chapter and whether the proposed project promotes the intent and purposes of this chapter, including §§ 152.170et seq., and whether it will be compatible with adjacent uses of land, the natural environment, and the capacities of project; and whether the proposed project will be consistent with the public health, safety, and general welfare.
(C) (1) The Village Council may impose reasonable conditions upon its approval of any final development plan.
(2) The conditions may include those necessary to insure that public services and facilities affected by a proposed PUD will be capable of accommodating increased public service demands caused by the proposed land use or activity, to protect the natural environment and to conserve natural resources and energy, to ensure compatibility with adjacent uses of lands and to promote the use of lands in a socially and economically desirable manner.
(3) Any conditions imposed shall satisfy all of the following requirements:
(a) Be necessary to satisfy the intent and purposes of this chapter and be related to the standards of this chapter and be related to the standards established in this chapter for the proposed PUD;
(b) Be related to the valid exercise of the police power; and
(c) Be designed to protect natural resources, the health, safety, and general welfare of those who will use the proposed project and the residents and owners of land immediately adjacent to the proposed project and the village as a whole.
(D) Any conditions imposed in connection with approval shall remain unchanged, except upon the mutual consent of the Village Council and the owner of the lands involved.
(Ord. passed 10-23-1978, § 13.14; Am. Ord. 2006-4, passed 7-10-2006)