(A) Proposed land developments, including some or all of the nonresidential activities, land uses, and facilities necessary to serve the principal residential use of land in the development may be granted certain variances from zoning and subdivision regulations. Such variances are intended to accommodate the site planning, financial, engineering and other requirements of large, comprehensive residential developments with associated uses. Such variances may include, but are not limited to, time extensions, flexible schedules for installation of improvements, security requirements for improvements, reductions in minimum lot areas and dimensions, mixtures of residential densities and building types, and mixtures of residential and nonresidential structures.
(B) Variances shall be granted in accordance with Chapter 151 of this code provisions regulating Planned Unit Residential Developments hereinafter referred to as PURD and with §§ 152.180 through 152.189. All required zoning changes shall be made prior to the Village Council’s tentative approval of the preliminary plat of a Planned Unit Residential Development.
(C) The plat for a PURD shall be submitted in accordance with the procedures and standards of this chapter.
(D) A PURD shall be designed to produce a stable and desirable residential community. Overall maximum densities shall not exceed those permitted under applicable provisions of Chapter 151 of this code. Open space areas shall meet the standards for open space established in the duly adopted and published General Development Plan or part thereof relating to open space, if there is such a plan, or
an ordinance duly adopted and published by the Village Council. The Council, upon advice from the Planning Commission, shall have the right and duty to reject a proposed such subdivision if the open space areas therein are, in its opinion, of such size and shape as to be difficult or impossible to utilize or maintain for appropriate open space purposes.
(E) Common open space provided in a PURD shall remain permanently open for recreational and conservational purposes. The open space character of common open space shall be secured by restrictive covenants, negative easements, or other appropriate legal devices. Such common open space shall be set aside for the common benefit, use, and enjoyment of the subdivision lot owners, present and future. All common open space, including recreation areas, tree covered areas, scenic vistas, wildlife or plant preserves, nature study areas, and private walkways, whose acreage is used in determining the size and extent of common open space shall be included in the restrictive covenants, negative easements, or other legal restrictions designed to assure that such space will remain permanently open.
(F) Open space in a PURD shall be laid out, to maximum feasible extents, so as to connect with other open space, existing or proposed, in the vicinity whether such areas are or will be public or private. In the case of 2 or more adjacent subdivisions, proprietors may cooperatively allocate open space areas, if such areas are coordinated in design and location to an extent acceptable to the Planning Commission.
(G) PURD should be laid out so as to reduce the lineal feet of streets that would otherwise be needed to serve the area; to economize on the cost of utility installations; to retain and take advantage of existing natural features and vistas; to reduce the amount of grading required; to take maximum advantage of storage, absorption, and drainage characteristics of the natural landscape; and to otherwise secure the objectives of a PURD. In so doing, the minimum lot areas, lot widths, and other standards may be modified in accordance with this chapter and Chapter 151 of this code. The PURD shall be laid out so that its development can be staged in an efficient and economical manner with respect to the opening and maintenance of new streets, the provision of utilities, access to schools and other public and private service facilities, and similar considerations. Utility easements, such as for electric transmission or distribution lines and storm sewers, may be included in the common open space area calculation only if they are available to residents in the subdivision, may be landscaped and developed for recreational or other open space uses, and are safe for use by persons engaging in recreational or other open space activities. Unless all these conditions are satisfied, such easements shall not be included in the common open space calculations.
(H) Open drainage courses, suitably graded and stabilized with sod or other ground cover, and planted with trees, shrubs, and other landscape materials, and made an integral part of the overall open space and recreation system, may be acceptable, if approved by the Village Engineer.
(I) In PURD the proprietor shall insure the permanence of both the existence and proper maintenance of all open space by either dedicating it to a public agency responsible for such areas or by conveying it to a homeowners' association to be made up of the future residents of the subdivision.
(J) Where a homeowners' association is to be established, the following conditions shall be met:
(1) The association shall be established before dwellings are sold;
(2) Membership shall be mandatory for each home buyer and any successive buyer;
(3) Common open space held by the homeowner's association as open space shall be maintained as much in perpetuity;
(4) The homeowners' association shall be responsible for payment of property taxes, maintenance of common open space areas and facilities, maintenance of liability insurance, and other similar duties of ownership.
(K) The proprietor shall file a declaration of restrictions with the preliminary plat when tentative approval is sought, setting forth the above conditions and other features of the homeowners' association. He or she shall also supply the Village Council at the same time a copy of the articles of incorporation and a complete set of the by-laws of the homeowners' association.
(L) The Council may require that, in addition to the insertion of covenants and/or provisions creating negative easements and provisions for mandatory membership in the homeowners' association in all deeds to home buyers, the proprietor shall grant a negative easement over all common open space to the village to insure that the area will remain open in perpetuity. Such negative easement is intended only to preclude development and preserve common open space; it may not provide for public access to or use of common open space. Areas and facilities to be served for common use of residents of the PURD shall be maintained as provided in the Subdivision Control Act.
(M) Any proposed Planned Unit Residential Development shall conform to the duly adopted and published General Development Plan, if there is such a plan, with respect to the kind, location, extent, and density of land uses; the character and location of streets; and the location and character of neighborhood and community services, facilities, and utilities.
(N) Reservation of public use areas shall be made in accordance with § 152.099. The approved final plat of a planned unit residential development shall become a part of the General Development Plan, if there is such a plan. Common open space shall be provided and maintained as set forth in § 152.110.
(1984 Code, § 5.591)