[Amended 2-20-2018]
The Village Plan Commission shall authorize the Building Inspector
to issue a conditional use permit for conditional uses after review
and a public hearing, if such additional uses or structures are found,
based on substantial evidence, to be in accordance with the purpose
and intent of this chapter and § 62.23(7)(de), Wis. Stats.,
and are not hazardous, harmful, offensive or otherwise adverse to
the environment or the value of the neighborhood or community.
[Amended 2-20-2018; at
time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Applications for conditional use permits shall be made in duplicate
to the Building Inspector or Zoning Administrator on forms provided
by his office. Such applications shall be forwarded to the Plan Commission
on receipt by the Building Inspector or Zoning Administrator. Such
application shall include, where applicable:
A.
Names and addresses of the applicant, owner of the site, architect,
professional engineer, contractor and all opposite and abutting property
owners of record, proof of ownership and/or right to occupancy of
the site (for example, a recorded deed, recorded land contract or
lease).
B.
Description of the subject site by lot, block and recorded subdivision
or by metes and bounds; address of the subject site; type of structure;
proposed operation or use of the structure or site; number of employees;
and the zoning district within which the subject site lies.
C.
Plat of survey prepared by a professional land surveyor, if applicable
or if required by the Plan Commission, Village Engineer, Building
or Health Inspectors, showing all of the information required for
a building permit and existing and proposed landscaping.
D.
Additional information as may be required by the Plan Commission,
Zoning Administrator, Village Engineer, Building or Health Inspectors.
E.
Fees. A fee for the conditional use application shall be established
by the Village Board from time to time as set forth in the current
Village Fee Schedule. The fee shall be nonrefundable.
[Amended 2-20-2018]
A.
The Plan
Commission shall review the site, existing and proposed structures,
architectural plans, neighboring uses, parking areas, driveway locations,
highway access, traffic generation and circulation, drainage, sewerage
and water systems and the proposed operation.
B.
The Plan Commission shall hold a public hearing on the proposed conditional
use. Notice of time and place of such hearing shall be posted and
published as a Class 2 notice under Ch. 985, Wis. Stats., in one or
more newspapers of general circulation in the Village.
C.
The Village Clerk-Treasurer shall notify all abutting or opposite
property owners of the time, date, and subject matter of the hearing.
Failure to comply with the provisions of this section shall not invalidate
any previous or subsequent action on the application.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Any development within 500 feet of the existing or proposed
rights-of-way of freeways, expressways, interstate and controlled
access trafficways and within 1,500 feet of their existing or proposed
interchange or turning lane rights-of-way shall be specifically reviewed
by the highway agency that has jurisdiction over the trafficway. The
Plan Commission shall request such review and await the highway agency's
recommendations for a period not to exceed 60 days before taking final
action.
[Amended 2-20-2018]
A.
Generally.
No conditional use shall be granted by the Plan Commission unless
the Commission shall find by substantial evidence:
(1)
That the establishment, maintenance, or operation of the conditional
use will not be detrimental to or endanger the public health, safety,
morals, comfort or general welfare;
(2)
That the conditional use will not be injurious to the use and enjoyment
of other property in the immediate vicinity for the purposes already
permitted, nor substantially diminish and impair property values within
the neighborhood;
(3)
That the establishment of the conditional use will not impede the
normal and orderly development and improvement of the surrounding
property for uses permitted in the district;
(4)
That adequate utilities, access road, drainage and/or necessary facilities
have been or are being provided;
(5)
That adequate measures have been or will be taken to provide ingress
and egress so designed as to minimize traffic congestion in the public
streets; and
(6)
That the conditional use shall, in all other respects, conform to
the applicable regulations of the district in which it is located.
B.
Required
conditions. Conditions, including and without limitation landscaping,
architectural design, type of construction, construction commencement
and completion dates, sureties, lighting, fencing, planting screens,
operational control, hours of operation, improved traffic circulation,
deed restrictions, highway access restrictions, increased yards, or
parking requirements, may be required by the Commission upon its finding
that these are necessary to fulfill the purpose and intent of this
chapter. The applicant must be able to show, by substantial evidence,
that the conditions imposed have been satisfied or will be satisfied
within the time line stated in the conditions. The Plan Commission
may also set standards for notice and cure periods for violations
within the permit.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
No application for a conditional use that has been denied wholly
or in part shall be resubmitted for a period of one year from the
date of said order of denial, except on the grounds of new evidence
or proof of change of conditions found to be valid by the Building
Inspector.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.
In any
case where a conditional use has not been established within one year
after the date of granting thereof, then, without further action by
the Plan Commission, the conditional use or authorization shall be
null and void, unless alternative time periods are established within
the permit itself or the permit is amended to include the same.
B.
Amendment
to permit. A holder of a conditional use permit may apply for amendments
to the permit and extensions to any time frames in the permit, which
applications shall not be unreasonably denied if they comply with
applicable ordinances and if the permit holder and site is in compliance
with the conditional use permit. Such applications shall be treated
as new applications for purposes of application materials, notices
and fees.
Special circumstances for conditional uses within residential
districts:
A.
Any home occupation for gain or support conducted entirely within
dwelling or accessory structures located on the residential parcel
is subject to all of the following conditions:
(1)
The lot shall be located in a residential district.
(2)
Activity shall be carried on wholly within the dwelling and/or accessory
building.
(3)
No person other than resident(s) of the principal dwelling may be
employed.
(4)
Use of dwelling unit shall be clearly incidental and subordinate
to the residential use by encompassing no more than 25% of the habitable
floor area.
(5)
May include small professional offices, service establishments, musical
instruction, or home crafts which are typically considered accessory
to a dwelling.
(6)
Shall not involve the conduct of a retail or wholesale business,
a manufacturing business or auto service or repair for any vehicles
other than those registered to resident(s) of the dwelling.
(7)
Exterior alterations or modifications that change the residential
character or appearance of the dwelling, any accessory building(s),
or the property itself are prohibited.
(8)
No stock-in-trade may be sold on the lot.
(9)
No exterior storage of equipment or supplies associated with the
occupational use.
(10)
No identification sign is permitted.
(11)
Required off-street parking provided for the principal use shall
not be reduced or made unusable by the occupation. Parking of no more
than one motor vehicle (not exceeding 10,000 pounds) associated with
the occupation.
(12)
No noise, vibration, glare, flames, odor, electrical interference,
or other such condition created by the occupation that has any observable
impact upon any location outside the principal dwelling or accessory
structure.
(13)
Operation shall begin no earlier than 7:00 a.m. and cease no
later than 10:00 p.m.
(14)
Shipment and delivery shall be limited to the hours of operation
and shall occur only in single rear-axle straight trucks or smaller
vehicles; normal for residential neighborhoods.
(15)
Customers, clients, students, invitees, or other visitors shall
be on the premises only during operation hours. However, operation
shall not cause vehicular traffic which has an impact on the residential
character of the neighborhood.
(16)
The following occupations are prohibited, even if the previous
provisions are met: displays or studios, barbershops, beauty salons,
day care, nursery schools, dental, physician, chiropractic, dance,
mortuary, restaurants, kennels, stables, engine repair (including,
but not limited to, automotive, boat, motorcycle, ATV, small engine,
diesel, truck, and similar nature devices), paint shops, sales of
yard novelties, dog grooming, assembly by mass production.
(17)
Shall cease when the property is sold or leased.
B.
Agricultural uses in any residential district which process agricultural
products produced on the premises or within a contiguous area shall
be so located as to provide convenient trucking access with a minimum
of interference to normal traffic shall provide parking and loading
spaces; proponent shall show that adequate measures shall be taken
to control odor, dust, noise and waste disposal so as not to constitute
a nuisance and shall show that the proposed source of water will not
deprive others of normal supply.
Special circumstances for conditional uses within industrial
districts:
A.
No use already established on the effective date of this chapter
shall be so altered or modified as to conflict with or further conflict
with the performance standards established hereafter.
B.
Continued compliance shall be required during the operation of such
uses and activities.
C.
All manufacturing uses listed in the conditional use classification
in the industrial district regulations shall give evidence of ability
to comply with the following standards before the issuance of a building
permit or certificate of occupancy.
(1)
Vibration. No operation which creates vibrations which are readily
detectable without the use of instruments at any point along lot lines
shall be permitted.
(2)
Radioactivity. No operation shall be permitted which causes radioactivity in violation of Title 10, Chapter 1, Part 20, Code of Federal Regulations, "Standards for Protection Against Radiation," dated June 16, 1957, and any subsequent revisions or amendments.
(3)
Odor. No emission of odorous gas or other odorous matter in such
quantity as to be readily detectable at any point along lot lines
without use of instruments shall be permitted.
(4)
Toxic or noxious matter. No discharge beyond lot lines or any toxic
or noxious matter in such quantity as to be detrimental to or endanger
the public health, safety, comfort or welfare or cause injury or damage
to property and/or business shall be permitted.
(5)
Glare. No direct or reflected glare shall be detectable from any
residential district. If such glare is detectable, adequate buffering
by fence, hedge, or wall shall be constructed to alleviate the condition.
(6)
Heat. No direct or reflected heat shall be detectable without instrument
from any commercial or residential district boundaries. If such heat
is detectable, adequate buffering by fence, hedge, or wall shall be
constructed to alleviate the condition.
(7)
Dust. No solid or liquid particles shall be emitted in concentrations
exceeding 0.3 grain per cubic foot of the conveying gas or air.
(8)
Ash.
(a)
No emission of fly ash in excess of the quantity specified in
the following table shall be permitted:
|
Heat of Fuel Burned
(British thermal unit per hour)
|
Fly Ash Rate of Emission
(pounds per hour)
|
|---|---|
|
1,000,000
|
1
|
|
100,000,000
|
100
|
|
400,000,000
|
330
|
|
1,000,000,000
|
750
|
|
2,000,000,000
|
1,365
|
|
3,000,000,000
|
1,850
|
|
4,000,000,000
|
2,260
|
|
5,000,000,000
|
2,640
|
|
6,000,000,000
|
2,950
|
|
7,000,000,000
|
3,200
|
|
8,000,000,000
|
3,140
|
|
10,000,000,000
|
3,750
|
(b)
For heat content between any two consecutive heat contents given
in the table, the fly ash limitations shall be determined by means
of interpolation.
(9)
Smoke. No emission of smoke from any sources, as measured in the
Ringelmann Chart published by the United States Bureau of Mines shall
be permitted in excess of:
(10)
Sound.
(a)
At no point on or beyond the boundary of any lot in an industrial
district shall or be the sound pressure level resulting from any use
of activity whether open or enclosed (except noises not directly under
control of the property user, noises resulting from the construction
and maintenance of buildings and facilities, including site preparation
and the noises of safety signals, warning devices, railroads and airports)
exceed the maximum permitted decibel levels for the designated octave
band as set forth in the table below.
|
Octave Band Frequency
(cycles per second)
|
Sound Pressure Levels
(decibels)
|
|---|---|
|
0 to 74
|
79
|
|
75 to 149
|
74
|
|
150 to 299
|
66
|
|
300 to 599
|
59
|
|
600 to 1,199
|
53
|
|
1,200 to 2,300
|
47
|
|
2,400 to 4,799
|
41
|
|
4,800 and over
|
39
|
(b)
Where an industrial district abuts a district permitting residences,
the maximum permitted decibel levels at any point on or beyond the
district boundary shall be reduced by six decibels from the maximum
permitted level in the table.
D.
Aboveground storage of materials or products rated as fast-burning,
or which produce flammable or explosive vapors or gases in quantities
over 1,000 gallons will only be permitted in the Industrial District
provided that such storage area is not less than 600 feet distant
from any other zoning district. Such storage area must be provided
with adequate fire suppression and firefighting equipment and devices
standard to the industry and shall meet the requirements other applicable
Village ordinances.
Special circumstances for conditional uses within a conservancy
district:
A.
Single-family residences, farm structures, mobile home parks, trailer
parks and related uses will be permitted only if the property owner
or developer can demonstrate the following:
(1)
That on-site soil tests indicate that the proposed structures, uses
and sewage disposal can be accommodated adequately and safely.
(2)
That the lot in question is above any known high-water mark.
(3)
Drain tile around foundations or other necessary improvements will
be provided in areas having a high water table.
(4)
In areas of severe slopes (over 10%), practices such as terracing,
retaining walls or extensive landscaping will be done in order to
prevent erosion of topsoils.
B.
Mobile home parks are permitted as conditional uses in the Conservancy
District, provided:
(1)
The minimum size of a mobile home park shall be 10 acres.
(2)
The maximum number of mobile homes shall be 10 per acre.
(3)
Minimum dimensions of a mobile home site shall be 50 feet wide by
85 feet long.
(4)
All drives, parking areas and walkways shall be hard-surfaced.
(6)
No mobile home site shall be rented for a period of less than 30
days.
(7)
Each mobile home site shall be separated from other mobile home spaces
by a yard not less than 15 feet wide.
(8)
Parking shall be provided in accordance with § 580-27.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(9)
Unless adequately screened by existing vegetative cover, the park
shall be screened by:
(a)
A temporary planting of fast-growing material capable of reaching
a height of 15 feet or more, such as hybrid poplar; and a permanent
evergreen planting such as White or Norway Pine, the individual trees
to be such a number and so arranged that within 10 years they will
have formed a screen equivalent in opacity to a solid fence or wall.
(b)
Permanent planting shall be grown or maintained to a height
of not less than 15 feet.
C.
Travel trailer parks and campgrounds may be permitted in the Conservancy
District, provided:
(1)
The minimum size of a travel trailer park or campground shall be
five acres.
(2)
The maximum number of travel trailers or campsites shall be 15 per
acres.
(3)
Minimum dimensions of a travel trailer site or campsite shall be
25 feet wide by 50 feet long.
(4)
No travel trailer or campsite shall be occupied for a period of more
than 30 consecutive days.
(5)
Each travel trailer site or campsite must be separated from other
travel trailer spaces or campsites by a yard not less than 15 feet
wide.
(6)
Parking shall be provided in accordance with § 580-27.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(7)
There shall be a minimum yard setback of 40 feet at all lot lines
of travel trailer park or campground.[2]
(8)
The screening provisions for mobile home parks are met.
D.
Country clubs and golf courses:
(1)
No building shall be located within 100 feet of any property line.
(2)
Facilities such as restaurants and bars may be permitted when conducted
and entered from within the building.
(3)
Swimming pools, tennis courts and the like shall be located not less
than 25 feet from any property line.
(4)
Adjoining property in any residential or commercial district shall
be effectively protected by a wall, hedge and/or screen planting.
F.
Animal feed yards, animal sales yards, commercial kennels for dogs
or cats, riding academies and public stables shall:
(1)
Be located no closer than 200 feet from any property line.
(2)
Provide automobile and truck egress.
(3)
Provide parking and loading spaces.
(4)
Be designed as to minimize traffic hazard and congestion.
(5)
Applicant shall show that odor, dust, noise, and drainage shall not
constitute a nuisance or a hazard to adjoining property or uses.
G.
Drive-in theaters shall:
(1)
Be located only on major or secondary thoroughfares.
(2)
Provide ingress and egress designed as to minimize traffic congestion.
(3)
Be located sufficiently distant from any residential district or
existing dwelling.
(4)
Be screened from such district or dwelling that any noise shall not
disturb residents and shall maintain lighted signs and other lights
only in such a way as not to disturb neighboring residents.
H.
Golf driving range and amusement parks shall:
(1)
Be located on major or secondary thoroughfares or nonresidential
streets.
(2)
Limit floodlights used to illuminate the premises by directing and
shielding as not to be an annoyance to any developed residential property.
(3)
Be constructed such that golf driving platforms are not less than
200 feet from any adjacent residential district or existing dwelling.
(4)
Receive a temporary certificate, to be in force for one year only,
which certificate may be renewed for a period of one year at the expiration
of such certificate, provided all requirements of this chapter have
been and can continue to be complied with.
I.
Cemeteries, crematories, mausoleums and columbaria shall:
(1)
Provide entrance on a major street or road with ingress and egress
so designed as to minimize traffic congestion;
(2)
Provide required off-street parking space;
(3)
Provide a minimum six-foot-high wall or minimum three-foot-thick
by six-foot-high evergreen hedge; or
(4)
Provide minimum 20 feet of permanently maintained planting strip
on all property lines abutting any residential district or residential
street.
J.
Airports or heliports or landing strips for aircraft shall:
(1)
Be located no closer than 600 feet from any dwelling.
(2)
Provide runways only so oriented that aircraft landing and taking
off do not pass directly over dwellings.
(3)
Be located so that air or land traffic will not constitute a nuisance
to neighboring uses.
(4)
Show that adequate controls or measures will be taken to prevent
offensive dust, noise, vibrations or bright lights.
(5)
Show that the field in question meets the standards of the Federal
Aviation Agency for the particular class of field.
K.
Community buildings, social halls, lodges, fraternal organizations,
and clubs:
(1)
Shall have all buildings a minimum of 20 feet from the side lot lines
and 50 feet from the rear lot line.
(2)
May engage in retail sales for guests only, provided.
(a)
There is no external evidence of any gainful activity, however
incidental.
(b)
There is no access to any space used for gainful activity other
than from within the building.
(c)
There be no harm to adjacent existing or potential residential
development due to excessive traffic generation or noise or other
circumstances.
L.
Private stables and paddocks shall be located on the rear half of
the lot:
(1)
Not closer than 20 feet to any property line.
(2)
Nor closer than 40 feet from any dwelling on the same or adjoining
property.
(3)
Minimum lot area upon which a horse may be kept is one acre with
maximum of two horses kept on such area.
(4)
One additional horse may be kept for each 20,000 square feet by which
the parcel of land exceeds one acre.
N.
Fertilizer plants and yards shall:
(1)
Be no closer than 200 feet to any residential district.
(2)
Provide automobile parking and truck loading area together with ingress
and egress so designed to minimize traffic hazard and congestion.
(3)
Shall show that odor, dust, noise, and drainage will not constitute
a nuisance to surrounding properties.
O.
A shooting club shall not be located within one mile of any developed
residential, commercial or industrial area, or place of public assembly.
A temporary certificate will be granted, to be in force for one year
only, and may be resumed for a period of one year at the expiration
of each temporary certificate at the discretion of the Village, provided
above requirements are met.
P.
Carnival or circus, involving temporary assemblages of over 300 people
and their automobiles, may only be permitted in any district, provided:
Q.
Amusement center, bowling alley, dance hall and similar places of
amusement shall:
(1)
Provide parking with ingress and egress designed so as to minimize
traffic congestion;
(2)
Not be less than 20 feet from any property line;
(3)
Provide a minimum six-foot solid board fence or masonry wall separating
parking area from abutting residential property; and
(4)
Show that adequate controls or measures will be taken to prevent
offensive noise and vibration.
R.
All nursery schools and day-care centers shall comply with applicable
state laws and be duly licensed as a day-care center pursuant to the
requirements of state law. Reference § 66.1017, Wis. Stats.,
and other applicable statutes.
Extraction from or deposits on the earth of rock, stone, gravel,
sand, earth, minerals, or building or construction materials shall
not be construed to be a permitted use in any district established
by this chapter unless and until a zoning permit shall first have
been secured therefor, except for the following defined extractions
and deposits:
A.
Excavations for the foundation or basement of any building or for
a swimming pool for which a zoning permit and a building permit have
been issued.
B.
Or deposits on the earth of any building or construction materials
to be used in a structure for which such zoning permit and building
permit have been issued.
C.
Grading of any parcel of land for a permitted use where no bank is
left standing and exposed of more than 10 feet in vertical height
or when less than 1,000 cubic yards of earth is removed from the premises.
D.
Grading in a subdivision which has been approved by the Village in
accordance with Village ordinances and any amendments thereto.
E.
Excavations by any public agency or public utility for the installation,
operation, inspection, repair or replacement of any of its facilities.
G.
Extractions from or deposits on the earth of rock, stone, gravel,
sand, earth, minerals, or building or construction materials may seek
and be granted conditional use zoning permits from the Plan Commission;
revocable, subject to conditions, and valid for specified periods
of time as set forth herein.
(1)
The Building Inspector shall make such inspections as he deems necessary
or as are required by the Plan Commission to ensure that all work
is in accordance with the use permit.
(2)
All inspection services shall be paid by the applicant at the actual
cost to the Village.
(3)
The conditions may include, but are not limited to, any requirements
deemed necessary to protect the public health, safety, comfort, convenience
or general welfare, including:
(a)
Insurance against liability arising from production or activities
or operations incident thereto;
(b)
Completion of the work and cleaning up and planting in accordance
with approved plans;
(c)
Designation of area in which work may be done;
(d)
Designation of the slope to which excavation may be made or
the grade of filling;
(e)
Provisions for controlling dust;
(f)
Hours during which operations may proceed;
(g)
Precautions which must be taken to guide safe traffic movements
in, around, and by said operation;
(h)
Enclosure by fencing of exterior boundaries of property to be
used;
(i)
Posting of a good and sufficient bond to ensure compliance with
the use permit; and
(j)
Any other conditions deemed necessary by the Plan Commission.
Planned unit residential developments are allowed as a conditional
use; single-family dwelling units are permitted in R-1, R-2, and R-3
Residential Districts, two-family dwelling units are permitted in
the R-2 Residential District, two-family or multifamily dwelling units
are permitted in the R-3 Residential District. A successful planned
unit residential development applicant may be allowed to modify the
lot size, setback and yard requirements within the district in which
the project is located with concurrence of the Plan Commission. All
other district requirements shall be complied with as well as any
fire, building, or electrical codes and applicable subdivision regulations.
A.
The original application shall be as follows: A preliminary plan
shall be submitted with the original application, including the following
information:
(1)
Show the overall plan for development, including grading, landscaping,
exterior design and location of buildings, lots, all common structures,
facilities, utilities, access roads, streets, sidewalks, parking and
open spaces.
(2)
Include the required application fee in accordance with the current
Village Fee Schedule.
(3)
The following supplemental data shall be summarized and attached:
(a)
Total land area (square feet).
(b)
Total number of living units.
(c)
Total floor area on all floors of proposed buildings measured
by dimensions of outside walls multiplied by number of floors.
(d)
Total building area at ground level, including garages, carports,
and other community facilities.
(e)
Total uncovered open space, including paved areas in streets,
walks and driveways.
(f)
Total recreation space defined as total open space minus paved
areas in streets, walks and driveways but including tennis courts,
swimming pools and floor area of recreation facilities.
(g)
Total occupant car spaces defined as off-street parking spaces
without time limit.
B.
The Village Plan Commission shall, in writing and giving reasons
for its actions, approve or tentatively approve with suggestions for
revisions or deny the original application within 90 days.
(1)
In the event that the original application is denied, the applicant
must resubmit an original application to receive consideration.
(2)
In the event the Plan Commission approves or tentatively approves
with suggestions for revision, the applicant shall submit a final
plan for final approval within six months.
(3)
After six months, the applicant must resubmit an original application
in order to be eligible for further consideration.
C.
Public
hearings on final applications shall be held within 90 days of the
receipt of the final application.
D.
Final plans shall be submitted within six months after favorable
action by the Plan Commission. In granting the application, the Village
Plan Commission shall make the following determinations based on the
final plan.
(1)
That the tract to be developed is at least 10 acres in the case of
planned unit residential development of exclusively single-family
dwelling units and at least five acres in the case of planned unit
residential development containing two-family and multifamily dwelling
units.
(2)
That the tract to be developed is in single or corporate ownership.
(3)
That the height of the proposed structures conforms to the maximum
set forth in the district regulations for the district in which the
project is to be developed.
(4)
That the overall density of the project defined as the number of
living units per acre does not exceed the district regulations for
the district which is to be developed.
(5)
That a certificate attested by the Village Engineer showing the availability
of adequate public sewer and water is present.
(6)
That landscaping and grading will be done to ensure adequate drainage.
(7)
That the streets to be provided will ensure a traffic circulation
pattern which minimizes through traffic, allows for adequate turning
and parking and provides ample space for the turning and effective
use of snow plows, garbage and fire trucks, the loading and unloading
of furniture, and other pickups and deliveries without blocking traffic.
(8)
That there will be minimum number of conflicts between pedestrian
and vehicular traffic.
(9)
That the design of open spaces and housing will provide both easy
access and privacy.
(10)
That no structure which contains residential units will be more
than 200 feet from a street, parking area, or other right-of-way on
which a fire truck may be operated.
(11)
That adequate lighting will be provided.
(12)
That the final plans include the planting of an adequate number
of trees and shrubs where not already present.
(13)
That the design of the development is in harmony with existing
surroundings and will not be detrimental to the character of the neighborhood.
(14)
That the applicant has bonded himself and his contractor(s)
to provide the improvements shown on the plans.
(15)
That, in a single-family planned unit residential development,
adequate deed restrictions are present, running in favor of the Village,
or an automatic homeowners' association and individual homeowners
for the proper maintenance, care and preservation of the exterior
design, all common structures, facilities, utilities, access and open
spaces by the original and all subsequent owners of property within
the development.
(16)
That in a multifamily planned unit residential development,
the owner or ownership has deeded any public recreation space to the
Village for the Village to maintain or has a covenant to be binding
on all future ownership.
E.
In reviewing original and final plans and applications, the Plan
Commission may seek technical assistance from such sources as it deems
necessary.
F.
Any modifications in the original plan shall be made only by agreement
between the developer and the Plan Commission.
