(1) Secondary review required. Secondary review of a final detailed plan is required in the PUD District as a prerequisite to the issuance of an improvement location permit for development of any real property in such district. The Plan Commission shall approve or disapprove each detailed final plan submitted to it for review pursuant to this Article.
(2) Single-family dwelling and two-family dwelling exception. The provisions of this Article regarding final detailed plans for single-family dwelling and two-family dwelling portions of a PUD shall be deemed to have been fulfilled through the review and approval of a primary plat and secondary plat in conformance with the procedures set forth in the Subdivision Control Ordinance and compliance with the terms of any commitments, conditions or surety required by the Plan Commission.
(3) Time limit for approval of a final detailed plan. If a final detailed plan is not approved by the Plan Commission in a joint hearing with the petition for zone map change, petitioner shall have a period of up to three years from the date of the approval of the petition for zone map change in which to file for approval of a final detailed plan, in total or in phases, for approval by the Plan Commission. The Plan Commission shall review the final detailed plan for consistency with the preliminary plan approved by the Town Council in connection with the petition for zone map change. If a request for approval of a final detailed plan is filed for in phases, each subsequent phase shall be filed for within three years of the approval of the prior phase.
(4) Public hearing. A determination by the Plan Commission on whether or not to approve a final detailed plan shall be made at a public hearing of the Plan Commission. The nature and type of application, and any other relevant matters for the review and approval of a final detailed plan shall be in accordance with the procedures set forth in Article 5.8A and as specified in the rules of the Plan Commission for a development plan petition submitted for architectural and site design review. Fees shall be in accordance with the schedule adopted pursuant to Article 10.2C(20) of this ordinance.
(5) Expiration of preliminary plan. In the event that approval of a final detailed plan is not obtained for all or a portion of the PUD within the time frames outlined above, the preliminary plan shall be deemed to have expired for that portion of the PUD that has not received approval of a final detailed plan, except for the location and density of proposed land uses depicted on such preliminary plan. Once a preliminary plan has expired for any portion of the PUD, no development shall occur within the expired portions of the PUD until:
(a) A new preliminary plan is approved by the Plan Commission at a public hearing, notice of which shall be given in the same manner as for a petition for zone map change; and
(b) Approval of a final detailed plan as required by this Article has been obtained.
(6) Expiration of final detailed plan.
(a) A final detailed plan shall expire upon the later of:
1. Three years after the date of approval by the Plan Commission; or
2. The expiration of a building permit issued for the use or development of the property.
(b) Once a final detailed plan has expired for any portion of the PUD, no development shall occur within the expired portions of the PUD until a new final detailed plan as required by this Article has been approved by the Plan Commission.
(7) Final detailed plan requirements. Before the Plan Commission approves a final detailed plan, the petitioner must submit a final detailed plan consisting of the following:
(a) Area map insert showing the general location of the proposed development referenced to major streets and section lines;
(b) Location map showing the names of all metes and bounds property owners, boundary lines of recorded subdivisions, zoning and land uses of adjacent properties;
(c) Proposed name of the PUD;
(d) Legal description of the real estate;
(e) Boundary lines of the proposed PUD;
(f) Location and name of all existing and proposed public or private roads, access easements and rights-of-way within 200 feet of the real estate;
(g) Location of all existing and proposed utility facilities and easements, including, but not limited to: sanitary sewer, water, storm water management, electric, gas, telephone and cable;
(h) Layout, number and dimension of all lots and out lots with zoning setback lines;
(i) Location, delineation and elevation of all floodway and floodway fringe areas within the boundaries of the PUD;
(j) Drainage plan for all watersheds in and around the proposed PUD, indicating the general drainage pattern of lots, the location of all drainage channels and sub-surface drainage structures, the proposed method of disposing of all storm water runoff including data to show that the proposed outlet(s) are adequate to accommodate the drainage requirements of the PUD, and all existing and proposed detention facilities;
(k) An erosion control plan for all areas of site disturbance;
(l) Topographic contour every five feet superimposed upon the proposed final detailed plan;
(m) Proposed elevation of all building pads within the proposed development;
(n) All improvements to street system on-site and off-site;
(o) Sidewalk plan or alternate plan for pedestrian ways;
(p) Plans and specifications for all infrastructure improvements required or proposed in the PUD;
(q) Areas reserved for park, conservation, wetland, common area, lake or other similar uses;
(r) Proposed covenants, conditions and restrictions;
(s) The character and approximate density of all proposed uses and structures in the plan area; and
(t) Any other information requested in writing by the Plan Commission or staff.
(8) Findings.
(a) The Plan Commission may approve a final detailed plan only upon a finding that:
1. The final detailed plan satisfies the development requirements and development standards specified in the PUD District ordinance establishing such District;
2. The final detailed plan accomplishes the intent set forth in this Article VI; and
3. The final detailed plan provides for the protection or provision of the site features and amenities outlined in Article 6.1C(2) above.
(b) The Plan Commission shall specify any plan documentation or supporting information in addition to that required by this Article that must be supplied before an improvement location permit may be issued for the development of any real estate located in the PUD District.
(c) The Plan Commission shall make written findings concerning each decision to approve or disapprove a final detailed plan, and each such written finding shall be signed by the President of the Plan Commission.
(9) Plan Commission seal. Said final detailed plan, upon approval, shall be sealed with the Plan Commission seal and retained in the office of the Plan Commission to be used in its continuing administration of the PUD.
(Ord. 21-97, passed - -1997; Ord. 3-2000, passed - -2000; Ord. 11-2004, passed 6-14-2004)