§ 46-808. Basis for approval of the petition.

The plan commission, in making its recommendation, and the village board, in making its determination, shall consider the following:

(1)

The petitioners for the proposed planned unit development overlay district have indicated that they intend to begin the physical development of the PUD within one year following the approval of the petition; the development will be carried out according to a reasonable construction schedule and staging plan satisfactory to the village; and the proponents of the proposed PUD have the financial capacity to carry out the project as proposed.

(2)

The proposed planned unit development overlay district is consistent in all respects to the purpose of this division and to the spirit and intent of this chapter; is in conformity with the adopted comprehensive plan, master plan, neighborhood plan or any adopted component thereof, including the Hartland Village Center Revitalization Plan, and the development would not be contrary to the general welfare and economic prosperity of the community.

(3)

The plan commission in making its recommendations and the village board in making its determination, shall further find that:

a.

The proposed site shall be provided with adequate drainage facilities for surface water and stormwater.

b.

The proposed site shall be accessible from public roads that are adequate to carry the traffic that can be expected to be generated by the proposed development.

c.

No undue constraint or burden will be imposed on public services and facilities, such as fire and police protection, street maintenance, water, sanitary sewer and storm drainage, and maintenance of public areas by the proposed development.

d.

The streets and driveways on the site of the proposed development shall be adequate to serve the residents of the proposed development and shall meet the minimum standards of all applicable ordinances or administrative regulations of the village.

e.

Centralized public water and sewer facilities shall be provided.

f.

The entire tract or parcel of land to be included in a planned unit development overlay district shall be held under single ownership, or if there is more than one owner, the petition for such planned unit development overlay district shall be considered as one tract, lot or parcel, and the legal description must define such PUD as a single parcel, lot or tract and be so recorded with the county register of deeds.

g.

The locations of entrances and exits have been designated to prevent unnecessary interference with the safe and efficient movement of traffic on surrounding streets, and that the development will not create an unreasonable adverse effect upon the general traffic pattern of the surrounding neighborhood. Insofar as is practicable, consolidation of driveways, parking, and curb cuts and connection driveways between properties, where appropriate, shall be provided to enhance safety and provide more efficient and economical access and parking.

h.

The size, quality and design of all buildings, landscaping and other site development features in the project will be compatible with the general character of the village and specifically to the surrounding neighborhood, and the design of the development will result in an attractive and harmonious development compatible with and not adversely affecting the property values of the surrounding neighborhood.

(4)

In the case of a proposed residential planned unit development overlay district:

a.

Such development will create an attractive residential environment of sustained desirability and economic stability, including structures in relation to terrain, consideration of safe pedestrian flow, ready access to recreation space, and coordination with overall plans for the community.

b.

The total net residential density within the planned unit development overlay district will be compatible with the village master plan, neighborhood plan, or components thereof. The total net density shall also be consistent with and not exceed the density of development permitted in the underlying basic use zoning district, unless section 48-804 applies. When the underlying basic zoning district includes more than one residential district, the density for the land occupied by each district shall be calculated and the final maximum density for the PUD shall be the sum total of the number of units calculated for each district.

c.

Structure types shall be generally compatible with other structural types permitted in the underlying basic use district.

d.

Provision has been made for the installation of adequate public facilities and the continuing maintenance and operation of such facilities.

e.

Provision has been made for adequate, continuing fire and police protection.

f.

The population density of the development will not have an adverse effect upon the community's capacity to provide needed school or other municipal service facilities.

g.

Adequate guarantee is provided for permanent preservation of open space areas as shown on the approved site plan either by private reservation and maintenance or by dedication to the public.

h.

The care and maintenance of private open space shall be ensured either by establishment of an appropriate management organization for the project or by agreement with the village for establishment of a special service district for the project area on the basis of which the village shall provide the necessary maintenance service and levy the cost as a special assessment on the tax bills of properties within the project area. In any case, the village shall have the right to carry out and levy an assessment for the cost of any maintenance which it feels necessary if it is not otherwise taken care of to the satisfaction of the village. The manner of ensuring maintenance and assessing such cost to the individual properties shall be determined prior to the approval of the final project plans and shall be included in the title to each property.

i.

Ownership and tax liability of private open space reservation areas shall be established in a manner acceptable to the village and made a part of the conditions of the PUD approval.

j.

Clustering of residential development is permitted provided that permanent common open space is set aside so that the overall density of development permitted in the underlying basic zoning district is complied with.

(5)

In the case of a proposed commercial planned unit development overlay district:

a.

The economic practicality of the proposed development can be justified.

b.

The proposed development will be adequately served by off-street parking and truck service facilities.

c.

The proposed development shall be adequately provided with and shall not impose any undue burden on public services and facilities, such as fire and police protection, street maintenance, water, sanitary sewer and stormwater drainage and maintenance of public areas.

(6)

In the case of a proposed industrial planned unit development overlay district:

a.

The operational character and physical plant arrangement of buildings will be compatible with the latest in performance standards and industrial development design and will not result in adverse effect upon the property values of the surrounding neighborhood.

b.

The proposed development shall be adequately provided with and shall not impose any undue burden on public services and facilities, such as fire and police protection, street maintenance, water, sanitary sewer and stormwater drainage and maintenance of public areas.

c.

The proposed development will include adequate provision for off-street parking and truck service areas and will be adequately served by rail and/or arterial highway facilities.

d.

The proposed development is properly related to the total transportation system of the community and will not result in an adverse effect on the safety and efficiency of the public streets.

(7)

In the case of a mixed use planned unit development overlay district:

a.

The proposed mixture of residential, office, retail, recreational, governmental, or institutional uses, including such mixed uses for traditional neighborhood developments, produces a unified development of various compatible uses which is also compatible with the underlying districts and, as a total development entity, with the surrounding neighborhood character.

b.

The various types of uses conform to the general requirements as set forth in this section, applicable to projects of such use and character.

c.

The proposed development shall be adequately provided with and shall not impose any undue burden on public services and facilities, such as fire and police protection, street maintenance, water, sanitary sewer and stormwater drainage and maintenance of public areas.