A Building Zone Development shall be designed and depicted on the preliminary site plan and final site plan in accordance with the following General Development Criteria:
(a) Permitted Locations. A Building Zone Development District shall only be considered in areas zoned R-10, Single-family Residence District.
(b) Building Zones. Site construction (with the exception of access drives), in a Building Zone Development District, shall only occur in those areas designated as building zones on the Zoning Map.
(c) Plan Design. The proposed Building Zone Development (BZD) shall be designed in accordance with accepted planning principles, including the planning and development principles included in this Chapter, to ensure that the building location, bulk, layout, arrangement, design, and height; the percentages of lot areas that may be occupied; the setback of buildings; the sizes of yards and other spaces; and the density of population are in compliance with the purposes and objectives of the BZ regulations as set forth in Section 1145.01 (a), Purpose.
(d) Permitted Uses. A BZD shall only include one-family detached dwellings, cluster one-family detached dwelling, and uses accessory thereto.
(e) Maximum Density. The maximum, permitted density shall not exceed one (1) dwelling unit per five (5) acres;
(f) Planning and Development Principles. The proposed BZD shall be designed in accordance with the following planning and development regulations:
(1) Land Use.
A. Buildings within the proposed development shall be located to protect and enhance the character of areas adjacent to the development;
B. Whenever a proposed development includes areas of a higher density than that permitted in adjacent areas, the location and arrangement of dwelling units shall include appropriate buffers, open spaces, setbacks, or other transitional areas to ensure compatibility with the lower density areas.
C. Buildings and structures shall be designed and located within the BZD in ways that conserve environmentally sensitive or unique natural, historic, or cultural features, and minimize environmental impacts.
(2) Arrangement of Buildings, Yards and Setbacks.
A. The physical relationship of buildings and other site improvements to one another and the surrounding open space, as created by building size, mass, height, shape, and setback, shall result in a harmonious development within the BZD and adjacent to it.
B. The bulk and height of buildings within the proposed development shall be compatible with the surrounding development and sufficiently buffered from the surrounding development.
C. The setback of all buildings from the perimeter of the total tract or the project boundaries shall be a minimum of fifty (50) feet. This setback area shall be retained and maintained as landscaped open space free of streets, structures, and buildings. Streets shall be permitted to cross this setback area.
(3) Landscaping, Screening and Buffering.
A. The pattern of landscaping shall be coordinated in design and type of materials, mounding and fencing used. Landscaping may vary in density, spacing and other treatments to reflect variations of topography, existing landscape or land uses.
B. Privacy for residential buildings shall be maintained through the use of landscaping, screening, and buffering.
C. Appropriate buffer zones with adequate landscaping shall be provided between the proposed development and adjacent areas.
D. Alternative design approaches to meet the intent of the landscape regulations may be incorporated.
(4) Open Space. Adequate open spaces shall be integrated throughout the development. Such open space shall be located and designed as follows:
A. Open space shall be sufficiently aggregated to create large useable areas of planned open space.
B. Open space shall conserve significant topographic, natural and historical features within the BZD to the extent practicable.
C. Open space shall provide a scenic natural environment along existing public streets characterized by large building setbacks that enable the preservation of natural features.
D. Where possible, open space areas shall be connected with open space areas on abutting parcels, and wherever possible, by open space corridors.
E. Open space shall not be less than fifty (50) feet in width at any point, unless the Planning and Zoning Commission deems that a lesser width is appropriate, such as when connecting open space areas on adjacent parcels or creating scenic walking trails.
F. All principal and accessory buildings shall be setback fifteen (15) feet from any designated open space.
G. Land area devoted to the following shall not be included as meeting the open space requirement:
1. Public rights-of-way;
2. Access drives, common drives and driveways, except as otherwise permitted by the Planning and Zoning Commission when providing access to the open space;
3. Required setbacks for buildings from the project boundaries; and,
4. Private yards within subdivided lots.
H. Open space shall be composed of the 100-year floodplain, wetlands (including woodlands with wetland soils), steep slopes, significant wildlife habitats, ridge lines, hilltops, windbreaks, stands of mature hardwood trees, woodlands, views into and out from the site, historic and archaeological features. The Flood Insurance Study shall be used to determine the 100-year floodplain. The Planning and Zoning Commission may grant an exception to this requirement based on the existing street network, topography, the proximity and nature of surrounding land uses, and similar factors.
I. Open space may be used for outdoor, passive uses. Any open space intended to be devoted to such outdoor uses shall be of a usable size and shape for the intended purposes as determined by the Planning and Zoning Commission. Where deemed appropriate by the Planning and Zoning Commission, outdoor areas shall be provided with appropriate access.
J. Open space shall be prohibited from further subdivision or development by deed restriction, conservation easement, or other agreement in a form acceptable to the Village of Waite Hill Law Director and duly recorded in the Office of the Recorder of Deeds of Lake County. Such recording shall take place before a construction permit, such as a building permit, of any kind is issued by the Village of Waite Hill.
(5) Protection of Natural Features.
A. A riparian buffer of thirty-five (35) feet, as measured from the ordinary high water mark, shall be provided along the entire length and on both sides of a river or perennial stream channel. Walkways may be permitted to be located within riparian buffers when the Planning and Zoning Commission determines that such will create minimal change to the riparian buffer.
B. The 100-year floodplain shall be protected.
C. Wetlands that are to be retained in their natural state within the BZD shall be protected. A buffer area not less than thirty-five (35) feet in width measured from the edge of the delineated wetland shall be provided along the entire perimeter of the designated wetland. The buffer area shall not be disturbed and shall be retained in its natural state.
D. A minimum building and pavement setback of fifty (50) feet, measured from the edge of the designated wetland, shall be required.
(6) Bike Paths and Other Trail Systems. Trail systems for bikes and other purposes may be included and shall be properly buffered from any adjacent residential areas if the trail is not located along or within the right-of-way of a public street.
(7) Street Design and Vehicular Circulation.
A. The proposed vehicular circulation system in the BZD shall provide adequate connections to the existing street network.
B. The area of the project devoted to streets and related pavement should be the minimum necessary to provide adequate and safe movement and access.
C. Street alignments should be designed to conserve natural features and minimize the need for cut and fill practices.
D. Private streets shall be permitted when approved by the Planning and Zoning Commission. Such private streets shall be designed and constructed in accordance with the requirements set forth in Section 1105.04, Required Improvements, except as otherwise permitted by the Planning and Zoning Commission.
E. The design and construction of public streets shall be in accordance with the requirements set forth in Section 1105.04, Required Improvements.
F. Utilities. The applicant shall provide and construct on-site and off-site water, sewage disposal, and other infrastructure improvements for the BZD in accordance with the requirements of Section 1105.04, Required Improvements, and consistent with any agreements submitted as supporting documentation for the BZD.
(g) Project Phasing. If the BZD is to be implemented in phases, each phase shall have adequate provision for access, storm water management, utilities, and other public improvements to serve the development in accordance with the applicable criteria set forth above. Each phase shall be provided with temporary and/or permanent transitional features, buffers, or protective areas in order to prevent any adverse impact on completed phases, future phases, and adjoining property. Open space areas shall be reasonably proportioned in each phase of the project, and the proposed construction of any recreation facilities shall be clearly identified on a phasing plan.
(h) Common Facilities. The open space or common facilities established as part of a BZD shall be:
(1) Dedicated to a homeowners association or similar legal entity that shall have title to the land to be retained as open space;
(2) Give to a land trust or other conservation organization recognized by the Village; or,
(3) Offered to the Village for public open space. The Village shall have the right to not accept any land area offered to the Village. In the event of such refusal, the conditions of (1) or (2) above, shall apply. Any land area that is accepted by the Village for dedication as public open space shall also continue to be counted toward the requirement for open space.
Homeowners associations or similar legal entities that are responsible for the maintenance and control of common areas including recreational facilities, open space, private streets, and buffer areas, shall be established in such a manner that complies with Section 1153.03, Requirements for Owners Associations.
(Ord. 2011-14. Passed 4-9-12.)