(A) General statement.
(1) Planned unit developments are separate entities with a distinct character which is intended to be in harmony with surrounding developments. Projects which are designed solely to circumvent these regulations or other applicable zoning resolutions shall not be approved. The project must clearly demonstrate that natural features are being preserved, that amenities are being provided which would enhance the livability of the project and that such attributes of the project could not be achieved with strict adherence to these regulations.
(2) Zoning approval of a planned unit development does not constitute either preliminary or final subdivision approval.
(B) Development standards.
(1) A major element of the planned unit development is privately owned or publicly owned common property within the development. These developments usually contain such features as an internal park network abutting home sites, recreational facilities, and preservation of natural amenities. A home owners association should be established to provide for the maintenance of all properties held in common.
(2) A planned unit development may be exempt from the conventional development standards of this chapter only upon proper justification.
(3) The design of internal circulation systems shall be sensitive to such points of safety, convenience, access to dwelling units and non-residential facilities, separation of vehicular and pedestrian-bicycle traffic, and general attractiveness. Internal streets shall be adequate to carry anticipated traffic and yet provide convenient and safe access. Access for emergency vehicles must be considered.
(C) Conformity to existing streets and major thoroughfare plan. Whenever a planned unit development abuts or contains an existing or proposed major thoroughfare, the right-of-way standards as contained in these regulations and the major thoroughfare plan shall be applicable. If a planned unit development abuts or contains an existing minor residential street, it must meet the requirements of these regulations.
(D) Private streets. Private streets may be permitted in planned unit developments provided they meet the following requirements:
(1) A minimum street pavement width of 32 feet or of such width the Planning Commission deems necessary for the type of development.
(2) The pavement thickness and materials used shall be constructed in accordance with the standards and specifications on file in the office of the Municipal Engineer.
(3) A home owners association or other appropriate method is established to maintain the street system, water lines, storm and sanitary sewers, and other improvements not dedicated to the village.
(4) The centerline radius for streets must not be less than 45 feet.
(E) Public streets. The Planning Commission may require certain streets within planned unit developments to be public if it determines that the project density necessitates the use of public streets and that traffic connections are required to adjacent plats or developments for adequate circulation.
(F) Staging of residential planned unit development. Each stage of a planned unit development must be designed so as to stand independently of future related stages in the event future stages are not constructed. The construction and provision of all of the common open spaces and public and recreational facilities which are shown on the final development plan for the development must proceed at the same rate as the construction of dwelling units.
(G) Staging of nonresidential construction. If a planned unit development contains nonresidential uses, these uses may be constructed first, but only if the Planning Commission finds and records its finding on the final development plan that the nonresidential uses are consistent with the comprehensive plan for the village even though the residential area of the planned unit development is not built or not completed.
(H) Common open space guarantee. The Planning Commission may require adequate assurance, in a form and manner which it approves, that the common open space shown in the final development plan will be provided and that designated trees are preserved. The following methods of assurance may be used singularly or in combinations:
(1) A bond, corporate surety, or other acceptable financial guarantee in a form which complies with the provisions of this chapter and in an amount sufficient to purchase the common open space shown or trees shown on the final development plan or alternative acreage which is equivalent in size and character.
(2) The land shown as common open space may be put in escrow, the escrow agreement to provide that the land is to be held in escrow until the Planning Commission has certified to the escrow agent that the planned unit development has been completed.
(3) If any of the planned unit development which includes common open space is held by the developer in option, the developer may assign to the applicable governmental entity the right to exercise the option to acquire the common open space.
(I) Condominiums. R.C. Ch. 5311 provides for the recording of ownership of condominiums. Condominium ownership does not excuse compliance with these regulations whenever they are appropriate.
('80 Code, § 151.07) (Ord. 83-18, passed 12-20-83) Penalty, see § 151.99