Whereas, subsection 9-4-3A25, "PUD - Planned Unit Development District", of the city code, establishes certain regulations and guidelines pertaining to accompanying information required on plat and site plan documents. Now, therefore, the following conditions, restrictions, and regulations are adopted as part of this approval:
A. General Conditions: In addition to the PUD sketch plan map, the following general development criteria shall be integrated into and made a part of this planned unit development.
1. General Conformance To Subdivision Ordinance: All subdivisions, public and private streets, public or private street rights of way and general development shall adhere to the standards and design criteria set forth in the West Des Moines subdivision ordinance and/or established city policies pertaining thereto, unless otherwise stated within this ordinance.
2. General Conformance To Zoning Ordinance: Unless otherwise specified herein, the development of the Heritage Bend PUD shall comply with the provisions of the West Des Moines zoning ordinance. For the purposes of section 9-9-5 of the city code, planned unit development district, final plan submittal, the submittal of plat, site plan, permitted conditional use permit, or master plan documents for any parcel or part of any parcel of the Heritage Bend PUD within two (2) years after approval and publication of this ordinance, shall be considered to satisfy the terms and requirements of such section.
3. Flood Hazard: In all areas within a 100-year frequency flood hazard zone, or adjoining drainageways, and detention ponding areas involving potential flood hazards, no building shall be erected which has a lowest level floor, including basements, less than two feet (2') above the determined level of the 100-year frequency flood event. Buildings shall only be permitted within twenty five feet (25') of any easement or property boundary of a major drainageway, storm water detention basin or pond if the applicant can demonstrate during the development review process that potential flooding from extraordinary flood events have been mitigated through site design or building design and approval is granted by the city council.
4. Developer Responsibilities: The developer, their successors and/or assigns, if any, shall pay all planning, engineering, and construction costs for the development of the planned unit development, as required by this ordinance and approved site plans and the cost of all streets, storm sewers, sanitary sewers, drainageway improvements, detention basins, water mains, buffers and other improvements as required for rights of way or public easements within the Heritage Bend PUD, unless otherwise approved by the city council.
5. Storm Water Management: Specific storm water management plans will be required with the development of each parcel, demonstrating compliance with the approved Heritage Bend PUD master storm water management plan, on file with the city's public works department. The developer will have said specific storm water management plans prepared by a professional engineer licensed in the state of Iowa, prior to the submittal of any specific development proposals within the PUD. All specific storm water management plans shall comply with the city's current design standards for storm water management. The method of storm water management and the storm water conveyance system shall be determined prior to city approval of any development within any portion of the property within the Heritage Bend PUD.
6. Public Street Improvements And Right Of Way Dedication: At time of subdivision platting within the Heritage Bend PUD, the subdivider shall be responsible for construction and/or installation of all required public infrastructure improvements in accordance with the city's subdivision ordinance, as indicated herein, and/or as indicated on the approved Heritage Bend PUD sketch proposal. With any subdivision plat within the Heritage Bend PUD, the subdivider shall be responsible for constructing and/or installing the public infrastructure necessary to support development within the subdivision in a manner that will assure that the public infrastructure functions at an acceptable level of service (per the city's comprehensive plan) and that complies with all city ordinances.
7. Sanitary Sewer: Any proposed change in approved land use densities for the Heritage Bend PUD will require an analysis of the downstream sanitary sewer capacity to assure that adequate capacity is available for the proposed change in approved land use densities.
8. Street Lighting: The developer shall be responsible for all costs associated with the installation of public streetlights within or adjacent to any area proposed to be platted or included within a development. (Ord. 1672, 1-17-2006)