(A) Generally. Large-scale residential developments, where permitted, are subjected to the following conditions.
(1) The development shall have a minimum area of five acres.
(2) The housing may consist of a single, two or multiple dwellings, or any combination thereof. Minimum lot area, yard, height and accessory uses shall be determined by the requirements and procedure set out below, which shall prevail over conflicting requirements of this chapter or the ordinance governing the subdivision of land.
(3) The final development plan shall follow all applicable procedures, standards, and requirements of the ordinance governing the subdivision of land. The final development plan shall be prepared by and have the seal of an architect or engineer duly registered to practice in this state. No building permit shall be issued until a final plat of the proposed development is approved and recorded.
(4) The Plan and Zoning Commission shall review the conformity of the proposed development with the standards of the official village plan and recognized principles of civic design, land use planning, and landscape architecture. The minimum yard and maximum height requirements of the district in which the development is located shall not apply except that minimum yards shall be provided around the boundaries of the area being developed. The Commission may impose conditions regarding the layout, circulation and performance of the proposed development and may require that appropriate deed restrictions be filed enforceable by the village for a period of 20 years from date of filing. A plat of development shall be recorded regardless of whether a subdivision is proposed and the plat shall show building lines, common land, streets, easements and other applicable features required by the ordinance regulating the subdivision of land.
(5) The number of dwelling units permitted shall be determined by dividing the net development area by the minimum lot area per family required by the district or districts in which the area is located. Net development area shall be determined by subtracting the area set aside for churches, schools or other nonresidential uses from the gross development area and deducting 20% of the remainder for streets, regardless of the amount of land actually required for streets. The area of land set aside for common open space or recreational use shall be included in determining the number of dwelling units permitted.
(6) The Commission may hold one or more public hearings on a final development plan. The recommendations of the Commission shall be forwarded to the Board of Trustees who shall approve or disapprove the action of the Commission with or without modification and after public hearing. After approval by the Board and after any required restrictions are in effect, the Building Inspector may issue permits enabling the approved final development plan to be carried out.
(B) Development agreement fee. Whenever a developer desires to enter into a development agreement with the village for the construction of utilities or to address other requirements of this chapter, the developer shall be required to pay a fee of $5,000 plus $300 per acre for each acre over five acres to the village prior to any study or negotiation of the development agreement. This fee may be refunded to the developer upon the completion of the construction of the utilities and/or final platting of the development, but only if completed within two years from the date of payment of the fee to the village. The payment of this fee shall be in addition to any other fees required by this or any other ordinance. The amount of the fee may be amended from time to time by the resolution of the Board of Trustees of the village.
(Ord. passed 7-23-2002)