A. Public Benefit Defined: For purposes of this Chapter only, “Public Benefit” means an amenity provided in the form of an improvement, donation or dedication that is not otherwise required as part of the development process and that serves the residents of the PRD and the community at large.
B. Public Benefit Required: In recognition of the impact of PRDs, an applicant that is granted approval for a PRD is required to provide a Public Benefit. The type, scale and intent of the Public Benefit shall be (i) commensurate with all zoning relief requested by the applicant, and (ii) proportional to the anticipated impact of the proposed PRD on adjacent properties and land uses, and on the community at large.
C. Review of Proposed Public Benefit:
1. The PCZBA shall review all proposed Public Benefits in conjunction with its review of all proposed PRDs pursuant to this Chapter.
2. The PCZBA shall not recommend, and the Village Board shall not approve, any proposed Public Benefit except upon making a finding that the proposed Public Benefit satisfies the standards set forth in Section 10-17-6.B of this Chapter.
3. The PCZBA may recommend, and the Village Board has the right to require, an alternate Public Benefit or combination of Public Benefits in lieu of, or in addition to, any Public Benefit proposed by the applicant.
4. A determination that a proposed Public Benefit satisfies the standards set forth in Section 10-17-6.B of this Chapter shall not be deemed or interpreted as obligating the PCZBA or the Village Board to recommend or approve the associated PRD.
D. Potential Public Benefits: Public Benefits that may be proposed include, without limitation:
1. Age-restricted or age-targeted development for those looking to remain in or move to the Village.
2. Additional affordable or middle-income housing in a manner that is consistent with the Village’s housing goals and policies.
3. Historic preservation of protected features, as designated pursuant to the Village’s Historic Preservation Regulations codified in Title 9, Chapter 14 of this Code.
4. Recreation, open space, and the preservation of environmental areas to the extent that: (i) such areas within or near a development are found to be in excess of what otherwise may be required by this Title; and (ii) any recreation and open space is made available for use by nearby property owners and the community as a whole.
5. Newly established Sustainability Best Management Practices (BMPs) not already in place or otherwise required by the Village Code to the extent that such practices are applied throughout the proposed development and enhance stormwater management beyond what is required by federal, State, or local laws, regulations, or ordinances through conventional means. Such improvements shall help to retain, clean, and slow the flow of rainwater. Proposed BMPs may include rain gardens, bioswales, porous pavement or pavers, green roofs, native plant materials in or around detention / retention basins, or vegetated filter strips.
6. Public art, installed within or near the PRD provided that the public art is:
a. Prominently located to maximize enjoyment by the community;
b. Of a scale appropriate for its location;
c. Located so as not to present a danger to drivers, pedestrians, bicyclists or others;
d. Provided with assurances for ongoing management and maintenance by the applicant, homeowner’s association or similar entity, or others; and
e. Found by the Village Board to be in keeping with the requirements and intent of this Chapter and standards for PRD approval. (Ord. 2022-30, 10-24-2022)