(a)   Purpose. It is the purpose of this section to recognize and accommodate in a unified development, creative and imaginative residential and ancillary development and to permit those innovations in the technology of land development that are in the best interests of the Village. To accomplish this purpose, it is the intent in establishing this subsection to achieve:
      (1)   A maximum choice of living environments by allowing a variety of housing and living facilities, permitting an increased density per acre and flexibility in yard and area requirements to allow for clustering of living units.
      (2)   More functional patterns of open space and recreation areas.
      (3)   A development pattern which preserves and utilizes natural topography and geologic features, scenic vistas, trees and other vegetation and prevents the disruption of natural drainage patterns.
      (4)   A more efficient use of the land than is generally achieved through conventional development resulting in substantial savings through shorter utilities and streets.
      (5)   A development pattern in harmony with land use density, transportation facilities and the community facilities objectives adopted by the Village.  The Village is also prepared to accept a greater population density in undeveloped areas than that reflected by present zoning, provided the developer can demonstrate that any increment of public cost clearly attributable to increase densities will be compensated for by the private amenities and public benefits to be achieved by the plan of development.
   (b)   Special Provisions Governing Planned Residential Developments (PRDs).  Because of the special characteristics of Planned Residential Developments (PRDs), special provisions governing the development of land for this purpose are required.  Whenever there is a conflict or difference between the provisions of this section and those of other sections of this Code, the provisions of this subsection shall prevail. Subjects not covered by this subsection shall be governed by the respective provisions found elsewhere in this code.  Except as specifically noted, nothing in this section shall be interpreted to exempt Planned Residential Developments (PRDs) from all provisions of the Subdivision Regulations.
   (c)   Uses.  Within a Planned Residential Development (PRD), all buildings, structures or premises shall be used or designed to be used for the following uses:  compatible residential commercial, public, quasi-public and open space or recreational uses may be combined, provided the proposed location of the commercial uses will not adversely affect adjacent property, and/or the public health, safety and general welfare. 
      (1)   Uses.
         A.   Dwelling units in detached, semi-detached, attached, clustered or in multi-story structures, or any combination thereof, excluding two-family duplex dwellings, provided no more than four dwelling units are contained in any one building or grouping of contiguous structures.
         B.   Institution/public and quasi-public uses may be permitted within a Planned Residential Development (PRD) that will be compatible with the predominantly residential nature of the Planned Residential Development (PRD).
         C.   Open space/recreational uses, such as natural environmental features, swimming pools, tennis courts and other recreation facilities deemed appropriate by the Planning Commission, shall be permitted as part of the required open space within the Planned Residential Development (PRD).
      (2)   Other uses.
         A.   Accessory uses and structures incidental to institutional/public and quasi-public uses as deemed appropriate by the Planning Commission.
         B.   Accessory uses and structures incidental to open space and recreational uses as deemed appropriate by the Planning Commission.
         C.   Accessory uses and structures incidental to the maintenance of common areas and private streets within the Planned Residential Development (PRD).
      (3)   Prohibited uses.
         A.   Privately-owned lawn and garden storage buildings on residential lots.
         B.   The keeping of outdoor household pets and structures relating thereto.
         C.   Duplex dwellings.
   (d)   Area, Yard and Height Requirements.
      (1)   Minimum project area.
         A.   A Planned Residential Development (PRD) shall contain a minimum of 20 acres.  All land within the development shall be contiguous in that it shall not be divided into segments by: (1) any limited access highway; or (2) any tract of land, other than streets or right-of-ways for pipelines or electric transmission lines, not owned by the developer of the planned development.  Smaller parcels may be considered on their basis to satisfy the objectives of this section as stated in the subsection above.
         B.   When the Planned Residential Development (PRD) proposes a mixture of residential uses with uses permitted, the Planning Commission may limit the development of such nonresidential uses to 20% or less of the tract.
      (2)   Density (overall density). Each Planned Residential Development (PRD) project area shall not contain more than four residential living units per acre of the total project area, exclusive of streets.
      (3)   Limitation on dwelling types.
         A.   A proposed Planned Residential Development (PRD) shall provide for a minimum of two different permitted dwelling types.
         B.   The total number of dwelling units in attached, semi-detached, clustered, or multi- story structures shall not exceed 50% of the total number of dwelling units permitted in the Planned Residential Development (PRD).
      (4)   Setbacks from streets and lot lines.  Other than conventional detached single family house - See subsection (d)(8) below for conventional detached single-family housing.
Public & Private Street Row
PRD Boundary Lines
Main building front
50 feet
50 feet
Main building side or rear
50 feet
50 feet
Accessory building front
50 feet
50 feet
Accessory building side or rear
50 feet
50 feet
      (5)   Minimum distance between buildings.  Thirty-five feet, except that when windows of living areas and patios, decks and terraces face each other, they shall be separated by at least 85 feet.  This distance may be reduced to 50 feet when vision obscuring landscaping, or a privacy wall or fence is provided.
      (6)   Maximum building height.  Thirty-five feet.  See Exhibit VI.
      (7)   Minimum Livable Floor Area:
         A.   Apartments:  1,000 square feet for a one-bedroom apartment, 1,200 square feet for a two-bedroom apartment, and 120 square feet for each additional bedroom over two bedrooms.
         B.   Single-family dwellings of the attached, detached and semi-detached variety:
            1.   One story:  1,500 square feet.
            2.   Two stories:  1,000 square feet for first floors with second floors of at least 50% of first floor area.
            3.   For split level homes with living quarters and sleeping quarters on separate levels, the minimum area of the combined quarters shall be 1,500 square feet, with a minimum foundation area of 1,000 square feet.
      (8)   Minimum lot size, frontage and width for conventional detached single-family dwelling.
         A.   Minimum lot size.  10,000 square feet per dwelling unit.
         B.   Minimum frontage.  Seventy-foot frontage on a public road or private road built to the Subdivision Regulation standards.
         C.   Minimum lot width.  Seventy feet.
         D.   Minimum front setback from street right-of-way.  Fifty feet.
         E.   Side yard.  Fifteen feet.
         F.   Rear yard.  Thirty feet.
   (e)   Open Space.
      (1)   A minimum of 20% of the net area of the Planned Residential Development (PRD) shall be reserved in perpetuity for public and/or private common open space and recreational facilities. Such open space shall be available to and accessible to all residents of the Planned Residential Development (PRD), and shall be designed primarily for their use.  Open space shall be exclusive of all streets, non-recreational buildings and individually owned land. Design of common open space areas shall be governed by the following standards:
         A.   Permanent bodies of water should comprise no more than 30% of the required open space, at the discretion of the Planning Commission, depending on the utility of the body of water as a recreation or open space asset to the Planned Residential Development (PRD).
         B.   Common open space may be improved with appropriate recreation facilities and structures, as long as total paved or roofed areas do not exceed 10% of the total open space.
         C.   Significant natural amenities such as outcroppings tree stands, ponds, ravines and stream channels and cultural, historical and archaeological amenities should be left in their natural state and considered part of the required open space, subject to the above standards.
      (2)   Public open space, which is to be developed as a major activity center, shall be located on a thoroughfare designed to accommodate the resulting traffic volumes.
      (3)   Disposition of open space to be coordinated with the Planning Commission when the Planned Residential Development (PRD) is a subdivision and falls under the Subdivision Regulation's jurisdiction.
      (4)   Prior to approval of the Planned Residential Development (PRD), the developer of the Planned Residential Development (PRD) shall submit legal instruments which prescribe the manner, plan of care, and maintenance of common open spaces and recreation facilities. Approval by the Planning Commission of such instruments shall be based on the following standards:
         A.   The instruments shall guarantee that open space as shown on the final development plan will remain as such. The Planning Commission may require that all development rights to the open space be dedicated to the Village or such other appropriate public body or require that permanent, restrictive, covenants be attached to the open space.
         B.   Such instruments shall convey to the Village and other appropriate governmental bodies the right of entrance to the common open space and recreation facilities for emergency purposes or in the event of nonperformance of maintenance or improvement affecting the public interest.  Such governments shall have the right, after proper notice, to make improvements and perform maintenance functions with the costs levied against the property owner.
         C.   Common open space and recreation facilities shall be deeded to a homeowners association, funded community trust, or similar entity. If a private entity is to hold title to common open space, it shall not dispose of any common open space or recreation facility without first offering to dedicate the same to the Village.  Membership in a homeowners' association shall be mandatory of all property owners within the Planned Residential Development (PRD). Public utility and similar easements and rights-of-way for watercourses and other similar channels are not acceptable for common open space dedication to the Village unless such land or right-of-way is usable as a trail or other similar purpose and approved by the Planning Commission and the Village Council.
   (f)   Circulation.  Vehicular and pedestrian circulation systems shall be designed to ensure safe, efficient movement through the Planned Residential Development (PRD) and into surrounding highway systems.  Design of circulation systems shall be governed by the following standards:
      (1)   Safe and easy access by emergency vehicles shall be provided for all areas of the Planned Residential Development (PRD).
      (2)   Direct access from single family residential lots to arterial collector thoroughfares shall be minimized.
      (3)   Principal vehicular access points shall be designed to permit smooth traffic flow with controlled turning movements and minimal hazards to vehicular or pedestrian traffic.  Minor streets within the Planned Residential Development (PRD) shall be designed to discourage their use by through traffic.
      (4)   The pedestrian and bicycle system and their related walkways shall be insulated as much as possible from vehicular movement.
   (g)   Parking Requirements. There shall be provided outside the public or private right-of-way a minimum of two and one-half parking spaces for each dwelling unit.  These spaces shall be located in an enclosed garage. An area designated for guest parking may be permitted as deemed appropriate by the Planning Commission.
   (h)   Utility Requirements.  Underground utilities, including telephone, cable and electrical systems are required within the limits of all Planned Residential Developments (PRDs).
   (i)   Erosion and Sedimentation Control.  Erosion and sediment control plan shall be reviewed and approved by the Village Engineer.
   (j)   Ancillary and Nonresidential Uses
      (1)   The Planning Commission may approve ancillary uses provided the location is appropriate for such use. The relationship of such uses to adjoining circulation pattern and the relationship of such land uses to the land use and development patterns adjoining the Planned Residential Development (PRD) shall be evaluated.
      (2)   Nonresidential uses and buildings, when submitted to the Planning Commission, shall be planned as groups having common parking areas and common ingress and egress points to reduce the number of potential accident locations at intersections and thoroughfares.  Planting screens or fences shall be provided at the perimeter of the nonresidential area.  The plan of the project shall provide for integrated and harmonious design of buildings and for adequate and properly arranged facilities for internal vehicular and pedestrian circulation, landscaping and such other features and facilities as may be necessary to make the project attractive and efficient from the standpoint of the adjoin and surrounding areas.  All areas designed for future expansion or not intended for immediate improvement or development shall be landscaped or otherwise maintained in a neat orderly manner as specified by the Planning Commission.
   (k)   Supplemental Requirements. A Planned Residential Development (PRD) shall comply with the following supplemental requirements:
      (1)   Landscaping.  All development, street right-of-ways and corridors, and common open space shall be landscaped according to an overall plan and shall be implemented by phases as units are completed and weather permits.  Plantings, walls, fencing, and screens shall be so designed and located as to optimize privacy and aesthetic quality without encroaching upon required automobile site distances. Natural wooded areas shall be preserved and maintained for landscaping and screening to the greatest extent possible.
      (2)   Topography - natural features.  The Planned Residential Development (PRD) shall be designed to take advantage of the topography of the land in order to utilize the natural contours, and to minimize destruction of watercourses, natural vegetation, trees, and topsoil.  The natural features and other distinctive characteristics of the site shall be integrated into the plan to create variations in the arrangements of buildings, open spaces and site features.  A program for preserving and quickly recreating an attractive landscape environment shall be part of any development.
      (3)   Grading. Grading and site preparation for areas other than building sites, streets, sidewalks and utilities shall be limited to disturbing the minimum amount of vegetation and other topographic features.
      (4)   Development layout.  Dwelling units shall be grouped or clustered so as to break up the development arrangement, maximize privacy, collect and maximize the common open space and promote the individual character and coordinated layout of each lot, cluster and grouping.  Streets and cul-de-sacs shall be laid out so as to utilize natural contours and discourage through and high speed traffic.
      (5)   Solid waste storage and disposal. All rubbish and garbage shall be stored in wholly screened or fenced storage areas acceptable and regulated by the Village.
      (6)   Phased development.  If the development is to be implemented in phases, each phase shall have adequate provision for access, parking, storm water management and other public improvements to serve the development in accordance with the applicable criteria set forth.  Each phase shall be provided with temporary or permanent transitional features, buffers, or protective areas in order to prevent damage to completed phases, to future phases and to adjoining property. A cash performance bond on all improvements and amenities shall be furnished to the Village prior to initiating construction on the first phase of the development.
      (7)   Compliance with other ordinances.  In addition to complying with the requirements of this chapter, an applicant applying for a zoning permit for the development of a Planned Residential Development (PRD) shall comply with the appropriate provisions of the Subdivision Regulations and other sections of the Zoning Ordinance not in conflict with the specifications contained in these regulations.
   (l)   Procedure for Approval of PRD.
      (1)   General procedure.  In general, the procedure for approval requires site plan review and approval of the development plan.  The plan for streets and improvements must comply with the Subdivision Regulations.
      (2)   Pre-application meeting.  The developer shall meet with the Zoning Inspector and the Planning Commission prior to the submission of the preliminary development plan.  The purpose of this meeting is to discuss early and informally the purpose and effect of this Code and the criteria and standards contained herein and to familiarize the developer with the Major Thoroughfare Plan, the Parks and Public Open Space Plan, the Subdivision Regulations and the drainage, sewer and water systems of the Village, if such plans are in effect.
      (3)   The developer shall follow the guidelines for application for site plan review and zoning permits.
      (4)   Criteria for decision by the Planning Commission.  Before making its decision, the Planning Commission shall consider the evidence submitted with the application as presented, to determine that:
         A.   The proposed development can be completed within five years of the date of approval.
         B.   Each individual unit of the development, as well as the total development, can exist as an independent unit capable of creating an environment of sustained desirability and stability or that adequate assurance will be provided that such objective will be attained. The uses proposed will not be detrimental to present and potential surrounding uses, but will have a beneficial effect, which could not be achieved under standard district regulations.
         C.   The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic and increased densities will not generate traffic in such amounts as to overload the street network outside the Planned Residential Development (PRD).
         D.   Any proposed nonresidential development can be justified at the locations proposed.
         E.   Any exception from standard district requirements is warranted by the design and other amenities incorporated in the development plan, in accord with the Planned Residential Development (PRD) regulations and the adopted policies of the Village Council.
         F.   The area surrounding said development can be planned and zoned in coordination and substantial compatibility with the proposed development.
         G.   The Planned Residential Development (PRD) is in general conformance with the comprehensive development plan.
         H.   The existing and proposed utility services are adequate for the population densities and nonresidential uses proposed.
         I.   Significant buffer zones with adequate landscaping are provided between the proposed development and adjacent residential areas.
         J.   The layout of parking areas, service areas, entrances, exits, signs, lighting, sources of noise or other potentially adverse influences are designed and located to protect the residential character of areas adjacent to the planned development.
      (5)   Supplementary conditions and safeguards. In approving any Planned Residential Development (PRD), the Planning Commission may prescribe appropriate conditions and safeguards in conformity with this code.  Violations of such conditions or safeguards, when made a part of the terms under which the Development Plan is approved, shall be deemed a violation of this code.
      (6)   Expiration and extension of approval period.  The approval of a development plan for a Planned Residential Development (PRD) district shall be for a period not to exceed five years to allow for preparation and recording of the required subdivision plat and the development of the project. If no construction has begun within five years after approval is granted, the approved final development plan shall be void and the land shall revert to the district regulations in which it is located. An extension of the time limit or modification of the approved development plan may be approved if the Planning Commission finds that such extension or modification is not in conflict with the public interest. No zoning amendment passed during the time period granted for the approved final development plan shall in any way affect the terms under which approval of the Planned Residential Development (PRD) was granted.
      (7)   Bond or escrow agreement.  As a prerequisite to the issuance of a conditional zoning certificate for a Planned Residential Development (PRD), the applicant shall file with Council prior to the approval of any building or construction plans a cash bond or construction escrow agreement to ensure the construction of the project within the period specified on the conditional zoning certificate or as extended or changed by the Planning Commission.  The cash bond or escrow shall be enforceable by or payable to the Village in a sum at least equal to the estimated costs of all of the site improvements, including but not limited to: streets, drives, walks, walls, storm and sanitary sewers, open space improvements, recreation facilities, landscape planting, ornamental features not on a building, and terraces, but not buildings, for the entire project.  The cash bond or escrow shall be in a form and with surety and conditions approved by the Law Director.  In the event of default under such bonds or escrow, the Village may use the sum defaulted to construct such site improvements to the extent of the funds available.
(Ord. 2013-01. Passed 2-5-13; Ord. 2019-04. Passed 4-2-19.)