1179.03 APPLICATIONS FOR APPROVAL.
   The application process for a PUD involves a two-step process including a pre-application conference and final site plan review by the Commission. The Commission may also approve a preliminary PUD concept plan for those projects having multiple phases. The following procedure shall be followed when applying for PUD approval:
   (a)   Pre-application Conference. Before submitting an application for approval of a PUD, the applicant shall confer in a pre-application conference with the Manager, the Zoning Administrator, and any other Municipal staff or consultants retained by the Municipality that may have an interest in the proposal with the intent being to obtain information and guidance regarding land development regulations, the Comprehensive Plan, and the application and review process. At the pre-application conference, the applicant shall submit a preliminary sketch plan for the proposed PUD, containing both maps and a written statement. All maps shall show enough of the surrounding area to demonstrate the relationship of the PUD to adjoining uses, both existing and proposed. The maps which are part of the preliminary sketch plan may be in general schematic form, but must contain enough information to obtain feedback from Municipal officials and consultants.
   (b)   Preliminary Sketch Plan Review Upon review by Village staff and after having conducted a preliminary conference, the applicant shall submit the preliminary sketch plan of the proposed PUD for initial review and discussion to the Village Planning Commission. The preliminary sketch plan review will provide the applicant the opportunity to present the project and conceptual plan with any associated maps for preliminary approval. The Planning Commission, upon review, may approve, deny, or approve with conditions the preliminary development. This evaluation shall provide the basis by which the applicant will prepare the final development plan in accordance with the requirements of this Chapter.
   (c)   Commission Review of Final PUD. Upon completion of the pre-application conference and preliminary review stages, a final PUD application meeting the submission requirements of this Chapter and incorporating the preliminary sketch plan, shall be submitted to the Commission for its review. A public hearing on the final PUD shall be held by the Commission, with notification of the hearing date published in a newspaper which circulates in the Municipality and sent by regular mail, at least ten (10) days prior to the scheduled hearing, and to property owners adjacent to and across any rights-of-way from the proposed PUD.
After the public hearing, the Commission shall make a decision of approval, approval with modifications, or disapproval of the PUD, as represented by the final PUD plan and accompanying materials. The Commission shall prepare a report stating its conclusions on the PUD request, the basis for its action, the action, and any conditions relating to an approval.
   (d)   Final PUD Site Plan Submittal Requirements. The final PUD site plan shall include all of the following information, unless the Zoning Administrator determines that some of the required information is not reasonably necessary for the consideration of the PUD.
      (1)   Application form and required fee.
      (2)   A narrative indicating the period of time within which the project will be completed.
      (3)   Building footprints, setbacks, floor plans, and elevations showing height and materials for all proposed structures; typical layout for condominium projects.
      (4)   Proposed locations of utility services (with sizes), noting which will remain and which are to be removed, including storm drainage, sanitary/storm sewer, fire hydrants, and any public or private easements.
      (5)   General description and location of stormwater management system including pre- and post-site development run-off calculations used for determination of stormwater management.
      (6)   A landscape plan indicating proposed plant locations with common plant names, number, and size at installation. Berms, retaining walls, or fences, shall be shown with elevations from the surrounding average grade.
      (7)   A site grading plan with existing and proposed topography at a minimum of two (2) foot contour intervals and with topography extending a minimum of fifty (50) feet beyond the site in all directions and further where required to indicate stormwater run-off into an approved drain or detention/retention pond.
      (8)   Location of significant natural, historical, and architectural features, that will be designated to remain, an/or location and acreage of areas not to be disturbed; noting protection methods such as a fence, barrier, or police line installed prior to site preparation.
      (9)   Location and method of screening for all refuse storage stations/receptacles.
      (10)   Location and dimension of parking spaces, loading/unloading areas and calculations.
      (11)   Details of exterior lighting including locations, height, and method of shielding.
      (12)   Locations of all signs, including:
         A.   Location, type, height, and method of lighting for identification signs.
         B.   Location and type of any directional or regulatory/traffic signs with details for any sign not conforming to applicable State standards.
      (13)   Details of site circulation and access design, including:
         A.   Indication of street pavement widths and pavement type;
         B.   Street horizontal and vertical dimensions, including curve radii;
         C.   Dimensions of access points, including deceleration or passing lanes, distance from adjacent driveways or intersection streets, including those across a street;
         D.   Identification of width and material to be used for pedestrian paths.
      (14)   Written verification of access easements or agreements, if applicable.
      (15)   A note on each plan sheet stating “Not to be used for construction”.
      (16)   Any additional graphics or written materials requested by the Commission to assist in determining the impacts of the proposed site plan, including, but not limited to, economic or market studies; impact on public primary and secondary schools and utilities; traffic impact; impact on the significant natural, historical, and architectural features and drainage; impact on the general area and adjacent property; and estimated construction cost.
   (e)   Standards for Approval of Final PUD Plan. Based upon the following standards, the Commission may deny, approve, or approve with conditions, the proposed planned unit development:
      (1)   The Commission shall use the standards for approval of Chapters 1175 “Site Plan Requirements”, Chapter 1169 “General Development Standards”, Chapter 1183 “Landscaping Standards”, Chapter 1185 “Parking & Loading” requirements in revising the final PUD development plan. The Commission may also use the standards for approval of Chapter 1177 “Conditional Use Requirements”, should such standards be deemed necessary by the Commission.
      (2)   The applicant must demonstrate in writing that the proposed PUD:
         A.   Includes any areas indicated in the Comprehensive Plan as having significant natural, historical, or architectural features.
         B.   Will provide a complimentary mixture of uses or housing types or clustering of units to preserve common open space, in a design not possible under the underlying zoning district dimensional regulations; and/or,
         C.   Will achieve a higher quality development than is otherwise possible with the regulations for the underlying zoning district.
      (3)   The uses proposed will have a beneficial effect, in terms of public health, safety, welfare, or convenience, on present and future potential surrounding land uses. The uses proposed will not adversely affect the public utility and circulation system, surrounding properties, or the environment. The public benefit shall be one which could not be achieved under the regulations of the underlying district alone, or that of any other zoning district.
      (4)   The number and dimensions of off-street parking shall be sufficient to meet the minimum number required by this Ordinance. However, where warranted by overlapping or shared parking arrangements, the Commission may reduce the required number of parking spaces.
      (5)   All streets and parking areas within the planned unit development shall meet the minimum construction and other requirements of this Ordinance and any other applicable Municipal Ordinance, unless modified by the Commission.
      (6)   Landscaping shall be preserved and/or provided to ensure that proposed uses will be adequately buffered from one another and from surrounding public and private property and provide not less than that required in Chapter 1183 “Landscaping Standards.”
      (7)   Judicious effort shall be used to preserve significant natural, historical, and architectural features and the integrity of the land.
      (8)   Public water and sewer facilities shall be available or shall be provided for by the developer as part of the site development.
      (9)   Safe, convenient, uncongested, and well defined vehicular and pedestrian circulation within and to the site shall be provided.
      (10)   Drives, streets, and other elements shall be designed to discourage through traffic, while promoting safe and efficient traffic operations within the site and at its access points.
      (11)   The uses proposed shall be consistent with the Comprehensive Plan or an approved overall PUD concept plan.
      (12)   Sidewalks shall be provided where appropriate.
      The Commission shall prepare a report stating its conclusion on the PUD request, the basis for its decision, the decision, and any conditions relating to an affirmative decision.
   (f)   Status of Commission Approval.
      (1)   Approval of a PUD application by the Commission confers on the applicant and any subsequent powers of the PUD property, the right to utilize the property included as part of the approved PUD in accordance with the overall density, dwelling unit mix, and final plan of the approved PUD. However, for the total PUD or for each portion of the PUD, if phasing of the development is planned, a site plan review is required for each phase in accordance with Chapter 1175 “Site Plan Requirements”. The approved site plan shall take precedence over the approved PUD preliminary concept plan for the area of the approved site plan.
      (2)   The Commission may cause to have legal documents, covenants, or contracts prepared and may require the execution thereof by the applicant, which documents involve the Municipality and are required as a result of the conditions contained in the PUD or the site plan approvals in a PUD area.
      (3)   The Zoning Administrator shall inspect the development at each stage to ensure reasonable compliance with the conditions of the approved PUD or approved site plans, as applicable.
   (g)   Revocation or Changes. The Commission, may revoke a PUD or any portion thereof in instances where substantial construction activity has not been ongoing anywhere within the PUD within a two (2) year period. Revocation of any portion of a PUD reverts that portion of the PUD to the status and requirements of the underlying zoning district, without benefit of the PUD provisions. Proposed changes in the PUD, other than those considered a part of the site plan review for all or portions of the PUD, must be processed in the same manner as the original PUD procedure. (Ord. 1166. Passed 9-24-01.)