PLANNED UNIT DEVELOPMENT (PUD)

 

(1)                Purpose:

 

The purpose of the Planned Unit Development and applicable regulations is to encourage desirable, quality development through greater flexibility and design freedom than that permitted under the basic regulations.  For projects conceived and implemented as comprehensive and cohesive developments, these regulations are established to permit and encourage diversification, variation and imagination in the relationship of uses, structures and heights of structures; encourage the preservation of open space; and encourage more rational, economic development with respect to the provisions of public services.  Any development approved hereunder must conform to the use designated by Winnebago County Zoning Regulations.

 

(2)                General Provisions:

 

(a)                Qualification as an Applicant. Applicants for a Planned Unit Development can be an individual, firm, trust, partnership, public or private association or corporation.  At the time of application for preliminary approval, the applicant must demonstrate the ability to eventually exercise single ownership of the planned area. Prior to final approval, the applicant must acquire the entire planned area and place it in his/her singular ownership.

 

(b)                Engineering Design Standards.  Normal standards or operational policy, regarding right-of-way widths, provision for sidewalks, street lighting and similar environmental design criteria shall not be mandatory in a Planned Unit Development, but precise standards satisfactory to the Town Planning Commission, pursuant to the criteria as set forth in subsection (3) hereof shall be made a part of the approved plan and shall be enforceable as a part of this ordinance.

 

(c)                Guarantee of Performance.  At the time final approval is given, the developer shall enter into an appropriate agreement, through contract and performance bond, with the Town insuring the completion of the proposed development in accordance with the plan and approvals given.  Specific application of the performance bond shall be determined by the Planning Commission within the review process and approved by the Town Board.

 

(d)                Failure to Comply.  Failure to comply with conditions, commitments, guarantees or recommendations established in the approval of such development project shall be cause for rescinding the approval of the same.  Upon notice given by the Building Inspector, the developer then shall be required to appear before the Planning Commission, at its next meeting, to explain any such failure to comply.

 

The Planning Commission at such meeting may set a time limit for compliance or recommend specific steps to be taken to rescind the approval of the development, including the termination of the construction of any buildings of such site upon 30 days notice in writing to the developer at his/her last known address.  Termination may be done only on approval of the Town Board.

 

(2)                Criteria for Approval: 

 

As a basis for determining the acceptability of a Planned Unit Development, the following criteria shall be applied to the development plan with specific consideration as to whether or not it is consistent with the spirit and intent of these regulations, has been prepared with competent professional advice and guidance, and produces significant benefits in terms of environmental design.

 

(a)                Character and Intensity of Land Use.  In a planned development the uses proposed and their intensity and arrangement on the site shall be of visual and operational character which:

 

(1)                Is compatible to the physical natural of the site with particular concern for preservation of natural features, tree growth and open space

 

(2)                Would produce an attractive environment of sustained aesthetic, ecological desirability, and functional practicality compatible with the general development plans for the area as established by the community

 

(3)                Would not create a traffic or parking demand incompatible with the existing or proposed facilities to serve it

 

(b)        Economic Feasibility and Impact.  The proponents of a planned unit development shall provide satisfactory evidence of its economic feasibility and, if available, adequate financing.

 

(c)        Engineering Design Standards.  The width of street rights-of-way, width and location of street or other paving, outdoor lighting, location of sewer and water lines, provision for storm water drainage or other similar environmental engineering consideration shall be based upon a determination as to the appropriate standards necessary to implement the specific function in the specific situation, provided, however, that in no case shall minimal construction standards be less than those necessary to insure the public safety and general welfare.

 

(d)        Preservation and Maintenance of Open Space.  In a Planned Unit Development adequate provision shall be made for the permanent preservation and maintenance of common "open space" either by private reservation or by dedication to the public.

 

(1)        In the case of private reservation, the open area to be reserved shall be protected against the building development by conveying to the Town as part of the conditions for project approval an open space easement over such open areas restricting the area against any future building or use except as is consistent with that of providing landscaped open space for the aesthetic and recreational satisfaction of the surrounding residences.  Buildings for noncommercial recreational or cultural purposes compatible with the open space objective may be permitted only when specifically authorized as part of the development plan, or, subsequently with the express approval of the Town Board following approval of building, site and operational plans by the Planning Commission.

 

(2)        The care and maintenance of such open space reservations shall be assured by establishment of an appropriate management organization for the project.  The manner of assuring maintenance and assessing such cost to individual properties shall be determined prior to the approval of the final development plan and shall be included in the title to each property.

 

(3)        Ownership and tax liability of private open space reservations shall be established in a manner acceptable to the Town Board and made a part of the conditions of the plan approval.

 

(e)        Implementation Schedule.  The proponents of a Planned Unit Development shall submit a reasonable schedule for the implementation of the development to the satisfaction of the Planning Commission, including suitable provisions for assurance that each phase could be brought to completion in a manner which would not result in adverse effect upon the community as a result of termination at that point.

 

(f)         Procedure for Approval.  The procedure for approval of a Planned Unit Development shall be comprised of the following stages:

 

(g)        Initial discussion with the Planning Commission to determine general feasibility of the Planned Unit Development

 

(h)        Preliminary approval of the plan in principal only by the Town Board after referral to the Planning Commission, the Planning Commission shall hold a public hearing on the plan and shall refer the plan back to the Town Board for the said preliminary approval

 

Final approval of the Plan in all its terms and details by the Town Board based on consistency with the preliminary plans as approved.

 

 

(3)                Preliminary Approval:

 

(a)                A person desiring to develop a particular site as a Planned United Development shall inform the Planning Commission of such desire and shall secure a date for a preliminary discussion with them.  Prior to such discussion the Plans shall be referred to the Town Board for approval in principal only.

 

(b)                The Planning Commission at such meeting shall set a date for a formal public hearing at the earliest possible date, after which they may approve or disapprove of the district as presented and refer the plan to the Town Board for final approval under Section (6) of the Town’s ordinance.

 

(c)                The following information shall be provided by the applicant in adequate detail to satisfy the Planning Commission and the Town Board for preliminary approval.

 

(1)                A statement describing the arterial character of the intended development.

 

(2)                An accurate map of the planned area, including its relationship to surrounding properties and existing topography within 300 feet of the district's boundaries.

 

(3)                A general development plan of the proposed district showing at least the following information in sufficient detail to make possible the evaluation of the criteria for approval:

 

(a)                The pattern of public and private roads, driveways, and parking facilities.

 

(b)                The size, arrangement, and location of lots and/or proposed building groups.

 

(c)                The type, size and location of structures.

 

(d)                The location of sewer and water mains.

 

(e)                The location of recreational and open space areas and areas reserved or dedicated for public uses such as school, park, etc.

 

(4)                Appropriate statistical data on the size of the development, residential density, ratio of various land uses, and any other data pertinent to an evaluation under the criteria of Subsection 3 of the Town’s ordinance.

 

(5)                Architectural drawings and sketches illustrating the design and character of proposed structures.

 

(6)                General outline of intended organizational structure related to property owner’s association, deed restrictions and private provision of common services.

 

(4)                                        Final Approval:

 

(a)                If the Town Board has approved the proposed plan in principal (and the Planning Commission has approved), pursuant to the provisions of Subsections 4 and 5, the developer may file with the Town Clerk a petition executed by the owner of the property to be developed, or his agent, for the required final approval, stating that he/she seeks to develop such property under the provisions of this Section.  Such petition shall included:

 

(1)                The names of the owners and developers of the development site and the mailing addresses and telephone numbers of all parties.

 

(2)                A plat of survey of the Planned Unit Development with a recordable legal description, including all existing utilities and recorded easements.  The plat of survey shall conform to Chapter 236 of the Wis. State Stats. (and Chapter 703, of the Condominium Ownership Act).

 

(3)                A copy of any declaration of covenants and restrictions which govern the use, maintenance, and continued protection of the Planned Unit Development.  Each development must meet all requirements of State Statute 703, and file a copy of their "Condominium Declaration" and any bylaws governing the administration of properties subject to the Unit Ownership Act.

 

(1)                A scale plot plan showing the location, type and size of existing structures (within the planned unit development area and within 300 feet of said area’s external boundaries) and of every proposed structure and its proposed use; also driveways, driveway access roads, parking facilities, lighting appliances, recreation areas, open spaces, screening, fencing and landscaping areas.

 

(2)                A topographic map with two foot contour intervals showing all public rights-of-way and building locations.  Said map shall also indicate all utility lines, storm water drainage ways (including capacities and high water elevations along streams), and any easements therefore.

 

(3)                Building plans and architectural drawings of all structures in sufficient detail such that the use of each floor and the bulk and aesthetic nature of the building can be determined.

 

(4)                A statistical table indicating the size of the site in square feet, and acreage, percentage of open areas, dwelling unit densities, and approximate costs of individual structures.

 

(5)                A statement indicating the number of stages, if more than one is intended, to be used in constructing the development, the time limit for completion of each stage, and a description of the real property to be included in each stage.  If more than one stage is proposed, a plot plan shall be provided indicating the physical location of each stage.

 

(6)                A fee of $50.00 shall accompany the petition.

 

(5)                Subsequent Change in the Plan:  Any subsequent change in the plans as finally approved shall first be submitted to the Planning Commission, and if in their opinion such change constitutes a substantial alteration of the original plan, the plans shall be resubmitted subject to approval procedures outlined in Subsection (4).

 

(6)                Effect of Approval by the Town Board:  Final approval of the Planned Unit Development does not constitute approval for the construction of new buildings or structures on the site. Separate approval shall be required for each building or structure upon application for a building permit from the Town Building Inspector who shall determine that the specifications set forth in the approved plan have been and will be complied with.