1987-022 2/23/87
ORDINANCE NO. 87- 22
THE PULTE/ANDREWS (CHERBOURG) PLANNED
UNIT DEVELOPMENT ORDINANCE
WHEREAS, the Village of Buffalo Grove (hereinafter sometimes referred to
as "Village") is a Home Rule Unit by virtue of the provisions of the Consti-
tution of the State of Illinois of 1970; and,
WHEREAS, PULTE HOME CORPORATION, a Michigan Corporation, is hereinafter
referred to as "Developer"; and
WHEREAS, this Ordinance regulates a certain tract of Property comprising
approximately 60.0 acres, legally described and identified in the legal
description, which is attached hereto as EXHIBIT A, which exhibit is made a
part hereof (hereinafter referred to as the "Property") , and which real
estate is within the corporate limits of the Village; and,
WHEREAS, the Village has received a petition to rezone the Property from
the I - Industrial District to the R-8 Multiple Family Zoning District with a
special use for a Residential Planned Unit Development; and,
WHEREAS, Developer desires and proposes pursuant to the provisions and
regulations applicable to the R-8 District of the Village Zoning Ordinance to
develop Property as a Residential Planned Unit Development in accordance with
and pursuant to a certain Preliminary Plan prepared by Henderson and Bodwell,
and dated as last revised February 17, 1987 attached hereto and made a part
hereof as EXHIBIT C and also Preliminary Engineering Plan prepared by Hender-
son and Bodwell, and dated as last revised February 17, 1987 attached hereto
and made a part hereof as EXHIBIT D (EXHIBIT C and EXHIBIT D are hereinafter
jointly referred to as the "Preliminary Development Plan") , and subject to
all other exhibits attached hereto or incorporated by reference herein.
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WHEREAS, pursuant to due notice and advertisement, the Plan Commission
of the Village has held a public hearing and made their recommendations
pursuant to Chapter 17.28 of the Zoning Ordinance with respect to the re-
quested zoning classification in the R-8 District with a special use for a
Residential Planned Unit Development; and,
WHEREAS, the President and Board of Trustees after due and careful
consideration have concluded that the zoning and development of the Property
on the terms and conditions herein set forth would further enable the Village
to control the development of the area and would serve the best interests of
the Village; and,
WHEREAS, the President and Board of Trustees of the Village (sometimes
hereinafter referred to as the "Corporate Authorities") do hereby find that
the evidence presented meets the requirements for a special use for a planned
unit development and for variations to the Village's Development Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS as follows:
1. Applicable Law. This Ordinance is made pursuant to and in accor-
dance with the Village's Zoning Ordinance and the Village's Home Rule powers.
The preceding whereas clauses are hereby made a part of this Ordinance.
2. Enactment of Zoning Ordinance. The Corporate Authorities hereby
adopt a proper, valid and binding ordinance approving a Residential Planned
Unit Development for the Property legally described on EXHIBIT A with a
special use for a Residential Planned Unit Development in the R-8 Multiple
Family Dwelling District subject to the restrictions further contained herein
and all applicable ordinances of the Village of Buffalo Grove as amended from
time to time. Said zoning shall be further conditioned on the development of
the Property in accordance with a Preliminary Plan prepared by Henderson and
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Bodwell and dated February 17, 1987 (EXHIBIT C) , and the Preliminary Engi-
neering Plan prepared by Henderson and Bodwell and dated February 17, 1987
(EXHIBIT D) .
3. Approval of Plats. The Corporate Authorities hereby approve a
Preliminary Development Plan (EXHIBITS C & D) pursuant to the provisions of
the Development Ordinance and in addition agree to approve a Plat of Subdivi-
sion upon submission by the Developer of complete and proper materials as
required for the issuance of appropriate building and other permits based on
final versions of the plans and drawings of the development of Property as
submitted by the Developer provided that the plat or plats shall:
(a) conform to the Preliminary Development Plan, (EXHIBITS C & D) ; and
(b) conform to the terms of this Ordinance and all applicable Village
Ordinances as amended from time to time; and
(c) conform to the Development Improvement Agreement (EXHIBIT B) as
amended from time to time.
The Property may be developed in Phases as designated in EXHIBIT E-1.
4. Compliance with Applicable Ordinances. The Developer agrees to
comply with all ordinances of the Village of Buffalo Grove as amended from
time to time in the development of the Property, provided that all new
ordinances, amendments, rules and regulations relating to zoning, building
and subdivision of land adopted after the date of this Ordinance shall not be
arbitrarily or discriminatorily applied to the Property but shall be equally
applicable to all property similarly zoned and situated to the extent possi-
ble. Developer, in the development of the Property shall comply with the
standards set forth in the Village of Buffalo Grove Development Ordinance as
amended from time to time. Notwithstanding the provisions of this Paragraph,
no zoning changes will be applied that would adversely affect the development
of the Property pursuant to the Preliminary Development Plan.
5. Amendment of Plan. If the Developer desires to make changes in the
Preliminary Development Plan, as herein approved, the parties agree that such
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changes in the Preliminary Development Plan will require, if the Village so
determines, the submission of amended plats or plans, together with proper
supporting documentation, to the Plan Commission and/or the Corporate Author-
ities to consider such changes to this Ordinance. The Corporate Authorities
may, at their sole discretion, require additional public hearings and may
review the commitments of record contained in this Ordinance, including, but
not limited to fees, prior to final consideration of any change in the
Preliminary Development Plan. The Village Manager is hereby authorized to
approved such minor changes as he deems appropriate, provided that no such
change involves a reduction of the area set aside for common open space.
6. Buildin , Permit and Engineering Consultant Fees. The building
permit fees may be increased from time to time so long as said permit fees
are applied consistently to all other developments in the Village to the
extent possible. In the event a conflict arises between the Developer and
the Village on any engineering and technical matters subject to this Ordi-
nance, the Village reserves the right to pass along any and all reasonable
additional expenses incurred by the use of consultants in the review and
inspection of the development from time to time. Developer shall pay any
non-discriminatory new or additional fees hereinafter charged by the Village
to Developer or property within the Village.
7. Water Provision. The Developer shall be permitted and agrees to
tap on to the Village water system at points recommended by the Village
Engineer which points to the extent shown on EXHIBIT D are hereby approved by
the Village, however, it is understood that changes to the Preliminary
Engineering Plan may be required at the time of Final Engineering. The
Developer further agrees to pay to the Village such fees in accordance with
the applicable Village Ordinances at the time of the issuance of the water
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and sewer permits. The Developer agrees to accept any increase in water
rates and tap on fees provided such rates and fees apply consistently to all
other similar users in the Village to the extent possible. Following such
tap on, the Village agrees to provide to the best of its ability and in a
non-discriminatory manner water service to all users on the Property in
accordance with the Preliminary Development Plan. Watermains serving the
Property and those approved as part of the development shall be installed by
the Developer and, except for service connections to the buildings, shall,
upon installation and acceptance by the Village through formal acceptance
action by the Corporate Authorities, be dedicated to the Village and become a
part of the Village water system maintained by the Village. Developer shall
install a 12 inch water main along the Illinois Route 83 boundary of develop-
ment extended to Pauline Avenue.
8. Storm and Sanitary Sewer Provisions.
A. The Corporate Authorities agree to cooperate with the Developer and
to use their best efforts to aid Developer in obtaining such permits from
governmental agencies having jurisdiction as may be necessary to authorize
connection from the proposed development to the Lake County Public Works
Department for the collection of sewage and to the Illinois Department of
Transportation as may be appropriate. The Developer shall construct on-site
and off-site sanitary sewers as may be necessary to service the Property, as
per EXHIBIT D, however, it is understood that changes to the Preliminary
Engineering Plan may be required at the time of Final Engineering. Upon
installation and acceptance by the Village through formal acceptance action
by the Corporate Authorities, the Corporate Authorities agree to operate and
maintain such systems, except for sanitary sewer service connections. The
Developer agrees to accept any increase in sewer rates and tap on fees,
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provided that such fees and rates are applied consistently to all similar
users in the Village to the extent possible.
B. The Developer shall also construct on the Property in question any
storm sewers which may be necessary to service the Property, as per EXHIBIT
D, however, it is understood that changes to the Preliminary Engineering Plan
may be required at the time of Final Engineering. Upon installation and
acceptance by the Village through formal acceptance action by the Corporate
Authorities, the Corporate Authorities agree to operate and maintain that
portion of the storm sewer system which serves public streets, or multiple
properties. The Developer or successors agree to operate and maintain the
balance of the system and the storm sewer system located on the subject
Property and shall record a covenant to that effect within thirty (30) days
of the recording of the Plat of Subdivision.
9. Drainage Provisions. The Developer shall fully comply with any
request of the Village Engineer related to the placement of buildings on lots
to preserve drainage standards. The Developer shall install any storm sewers
and/or inlets which are required to eliminate standing water or conditions of
excess sogginess which may, in the opinion of the Village Engineer, be
detrimental to the growth and maintenance of lawn grasses. The Developer
shall also fully comply with the standards set forth in EXHIBIT F and this
Ordinance.
10. Developer Recapture of Utility Costs. It is further understood and
agreed that a portion of the sanitary sewer, storm sewer, and/or watermain to
be constructed and installed by the Developer to serve the proposed develop-
ment on the Property (hereinafter referred to as "Developer's Improvements")
may be required by the Village to be so located and/or oversized as to
benefit vacant neighboring properties not owned by the Developer, thus making
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such utility service available thereto. The Corporate Authorities agree to
adopt an ordinance and take such other action as may be necessary to permit
the Developer to recapture from such vacant neighboring property owners as
may be benefitted by the Developer's Improvements, that portion of the actual
costs of oversizing the construction and installation of Developer's Improve-
ments, in such proportionate amounts from such neighboring property owners as
may be so benefitted as determined by the Village. Said recapture ordinance
shall only be enforceable for seven (7) years from its passage. The Village
and Developer agree to use their best efforts to cooperate to achieve the
most practical and feasible route to the off-site utilities connection
points. The Village agrees to cooperate with the Developer in effectuating
recapture from future developers as appropriate.
The Village shall be entitled to a five percent (5%) fee from any
amounts hereby recaptured as and for its collection efforts.
11. Pa vent of Recapture Fees Owed. Any amount of recapture, included
in Ordinance No. 84-69 and Ordinance No. 85-87 required to be paid by this
Property shall be due and payable upon final platting of this development.
12. Security for Public and Private Site Improvements. Security for
public and private site improvements shall be provided in accordance with the
Development Ordinance, and the Development Improvement Agreement (EXHIBIT B)
as amended from time to time. Any letter of credit issued for such improve-
ments shall be drawn on a financial institution of net worth reasonably
satisfactory to the Village Attorney. The issuer may have an equitable or
lending interest in the Property provided that the letter of credit, either
by its own terms or by separate written assurances of the issuer, shall be
honored irrespective of that interest. The Village shall have the right to
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draw up to the full amount of the letter of credit in order to complete, and
have formal acceptance of, all improvements secured by the letter of credit.
13. Exhibits. The following EXHIBITS, some of which were presented in
testimony given by the Developer or the witnesses during the hearing held
before the Plan Commission and the Corporate Authorities prior to the exe-
cution of this Ordinance, are hereby incorporated by reference herein, made a
part hereof and designed as shown below. This Ordinance, upon execution by
the parties, together with copies of all EXHIBITS, shall be kept on file with
the Village Clerk and be available for inspection to the parties hereto.
EXHIBIT A Legal Description
EXHIBIT B Development Improvement Agreement
EXHIBIT C Preliminary Plan
EXHIBIT D Preliminary Engineering Plan
EXHIBIT E-1 Landscaping Plan
EXHIBIT E-2 Landscaping Development Plan
EXHIBIT E-3 Tree Survey and Preservation Plan
EXHIBIT F-1 Environmental Marsh Standards
EXHIBIT F-2 Environmental Marsh Exhibit Board
EXHIBIT G-1 Building Elevations
EXHIBIT G-2 Material Specifications
14. Building, Landscaping and Aesthetics Plans. Developer will submit
building and landscaping plans (which landscaping plans shall conform to the
requirements of Village Ordinances) for approval by the Appearance Commission
and the Corporate Authorities before commencing construction of buildings.
Phases not under construction or completed shall be maintained in a neat and
orderly fashion as determined by the Village Manager.
15. Declaration of Covenants, Conditions, and Restrictions. The
Property shall be subject to a declaration of covenants, conditions and re-
strictions ("Declaration") which shall include but not by way of limitation a
provision whereby the Village shall have the right, but not the obligation,
to enforce covenants or obligations of the association and/or the owners of
the units as defined and provided within the Declaration, and further shall
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have the right, upon thirty (30) days prior written notice specifying the
nature of a default, to enter upon the Property and cure such default, or
cause the same to be cured at the cost and expense of the association or the
owners. The Village shall also have the right to charge or place a lien upon
the Property for the repayment of such costs and expenses, including reason-
able attorneys' fees in enforcing such obligations. The Declaration shall
further provide that this provision may not be amended without the prior
approval of the Village.
In addition to the above, the Declaration shall: (a) prohibit the
erection of lot perimeter fencing although patio screening is allowed, (b)
restrict the outside storage of refuse (except for approved periods during
collection) , (c) set forth maintenance standards for the environmental
marsh, (d) restrict fertilizers to those which do not damage the environ-
mental marsh, (e) provide for maintenance of common areas pursuant to
Village ordinances and in a neat and orderly manner, and (f) provide for
maintenance of and bicycle path easement (not including bicycle path) . The
Declaration is subject to Village approval.
16 . Facilitation of Development. Time is of the essence of this
Ordinance, and all parties will make every reasonable effort to expedite the
subject matters hereof. It is further understood and agreed that the suc-
cessful consummation of this Ordinance and the development of the Property in
the best interests of all the parties requires their continued cooperation.
The Developer does hereby evidence his intention to fully comply with all
Village requirements, his willingness to discuss any matters of mutual
interest that may arise, and his willingness to assist the Village to the
fullest extent possible. The Village does hereby evidence its intent to
always cooperate in the resolution of mutual problems and its willingness to
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facilitate the development of the Property, as contemplated by the provisions
of this Ordinance.
17. Enforceabilit of the Ordinance. This Ordinance shall be enforce-
able in any court of competent jurisdiction by any of the parties or by an
appropriate action at law or in equity to secure the performance of the
covenants herein described. If any provision of this Ordinance is held
invalid, such provisions shall be deemed to be excised herefrom and the
invalidity thereof shall not affect any of the provisions contained herein.
18. Binding Effect of Ordinance. This Ordinance shall be binding upon
the Property, the Developer, and its respective successors and assigns.
19. Cor orate Capacities. The parties acknowledge and agree that the
individuals that are members of the group constituting the Corporate Author-
ities are entering into this Ordinance in their official capacities as
members of such group and shall have no personal liability in their individu-
al capacities.
20. Notices. Any notice required pursuant to the provisions of this
Ordinance shall be in writing and be sent by certified mail to the following
addresses until notice of change of address is given and shall be deemed
received on the fifth business day following deposit in the U.S. Mail.
If to Developer: Daniel L. Star
Pulte Home Corporation
2360 Hassell Road
Hoffman Estates, IL 60195
Copy to: Charles Byrum, Esq.
Defreis and Fiske
72 W. Adams, Suite 1500
Chicago, IL 60603
If to Village: Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
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Copy to: William G. Raysa, Esq.
Bloche' , French & Raysa
1140 Lake Street
Suite 400
Oak Park, IL 60301
21. Special Conditions.
A. The following variations are hereby granted from the Buffalo Grove
Development Ordinance.
Section 16.50.040.C.4. In order to accommodate the design stan-
dards set forth by the U.S. Army Corps of Engineers and the Village of
Buffalo Grove, the shoreline grading and treatment shall be varied to provide
for the environmental marsh solely as it relates to the interior shoreline of
each environmental marsh and the required 15 foot depth of the lake.
Section 16.50.070.D. The right of way widths of the cul-de-sac
bulbs shall be reduced from 60 feet to 55 feet, provided, however, that the
pavement radii shall conform to Village standards.
B. Buffalo Grove Road Extension. In conjunction with the first phase
of development and not later than October 31, 1988, the Developer shall con-
struct the north intersection leg and signal modifications for Buffalo Grove
Road north of Illinois Route 83. At the same time, the Developer shall also
construct Buffalo Grove Road on the entire length of his Property as spec-
ified by the Village Engineer and this Ordinance. Buffalo Grove Road shall
ultimately consist of a 10" P.C.C. standard reinforced pavement over a 4"
stabilized base course (CA6) , with four 12 foot travel lanes, 16 foot median
(including left turn lanes) and B6:24 curb and gutter and shall comply with
the applicable FAUS standards and as approved by the Village Engineer. It is
agreed that the Developer shall be responsible for the construction of
approximately one half of this improvement as determined by the Village. The
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Village may require a special engineering consultant to assist in the in-
spection of embankment and pavement work in order to maintain a timely
construction schedule. Developer agrees to reimburse the Village for these
engineering costs when incurred.
C. Building Construction. The Developer shall construct all buildings
conforming to the floor plan, size, elevation, and material specifications
set forth in this Ordinance and shall provide full basements in approximately
50% of the dwelling units. The minimum dwelling unit standards are not less
than 1353 square feet on the ranch unit and between 1500 and 2300 square feet
of living space per dwelling unit in the two story units. The Developer
represented to the Plan Commission floor plans of 1353, 1526, 1536, 1859,
2110, and 2258 square feet of living space per dwelling unit. Six models
shall be presented for sale reasonably sized to those dwelling units present-
ed to the Plan Commission.
D. Environmental Marsh. The Developer will fully comply with the
design and material specifications of the environmental marsh to insure that
the drainage and horticultural standards of this Ordinance are fully complied
with. This includes the obligation to replant and extend performance guaran-
tees for a period of three (3) years after construction of the marshlands is
completed as determined by the Village Engineer. Said three (3) year period
shall be extended to five (5) years if recommended by the Village Engineer.
The Village may also retain, at Developer's expense, a consulting arborist to
assist in evaluating the environmental marsh. In addition, no hydraulic
connection to the off-site Hidden Lake shall be made without the express
consent of the Hidden Lake Homeowners' Association and the Village Engineer.
E. Bridge Construction. The Developer shall construct any bridges to
be in compliance with all Village standards. Wood bridges are not allowed.
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F. Tree Preservation. The Developer to the best of his ability shall
preserve all large trees deemed compatible with the Development program.
Tree removal shall not occur prior to consultation with the Village arborist.
G. Foxhill Drive Extended. The Developer shall bear the full on-site
and off-site construction costs to insure the proper connection of the
development to Foxhill Drive as approved by the Village Engineer.
H. Construction Disruption. The Developer shall adopt the proper
construction practices to insure the disruption to adjoining neighborhoods is
kept to a minimum during construction. This includes adherence to recommen-
dations of the Village Engineer and Building Commissioner to noise, traffic,
dust control, and access to the site.
I. Park District Donations. Developer agrees to comply with the
provisions of Title 19 of the Buffalo Grove Municipal Code as amended from
time to time regarding park donations. Developer agrees that it will make a
contribution of approximately 1.80 acres of land as depicted on EXHIBIT C and
a cash contribution to satisfy the required active land donation. Developer
agrees to make said contributions and land conveyance to the Village upon the
Village's request. The Village may require the Developer to transfer said
1.8 acres to common ownership by the Homeowners' Association as delineated in
Paragraph 15 of this Ordinance. Said land donation shall be applied to the
requirement of Title 19. Credit for private open space will be given to
satisfy the required passive land donation.
J. School District Donations. Developer agrees to comply with the
provisions of Title 19 of the Buffalo Grove Municipal Code as amended from
time to time regarding school donations. Owner agrees that it will make
contributions of money to the Village for conveyance to School Districts #102
and #125 according to the criteria of said Title.
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K. Notwithstanding anything herein to the contrary, Developer shall
reduce the five (5) unit building on the east side of Property to four (4)
units.
22. This Ordinance shall be in full force and effect from and after its
passage and approval and after Developer purchases the Property. If Develop-
er fails to purchase the entire Property within 90 days of the date of the
passage of this Ordinance, then this Ordinance shall be of no force and
effect. This Ordinance shall not be codified.
AYES 5 - Marienthal, O'Reilly, Glover, Reid, Shields
NAYES: 0 - None
ABSENT 1 - Kowalski
PASSED February 23 1987
APPROVED February 23 1987
APPROVED:
l
f
VERNA L. CLAY-TO , illage tiesident
ATTEST:
fl &
Village Clerk
14
2/23/87
THE PULTE/ANDREWS (CHERBOURG) PLANNED
UNIT DEVELOPMENT ORDINANCE
Table of Contents
1. Applicable Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .2
2. Enactment of Zoning Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
3. Approval of Plats. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
4. Compliance with Applicable Ordinances. . . . . . . . . . . . . . . . . . . . . . . . . . . .3
5. Amendment of Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
6. Building Permit and Engineering Consultant Fees. . . . . . . . . . . . . . . . . .4
7. Water Provision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
8. Storm and Sanitary Sewer Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
9. Drainage Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6
10. Developer Recapture of Utility Costs. . . . . . . . . . . . . . . . . . . . . . . . . . . . .6
11. Payment of Recapture Fees Owed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
12. Securi,ty for Public and Private Site Improvements. . . . . . . . . . . . . . . .7
13. Exhibits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8
14. Building, in and Aesthetics Plans. . . . . . . . . . . . . . . . . . . . . .8
15. Declaration of Condominium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8
16. Facilitation of Develo went. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9
17. Enforceability of the Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
18. Binding Effect of Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
19. Corporate Capacities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
20. Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
21. Special Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
THE PULTE/ANREWS (CHERBOURG) PLANNED
UNIT DEVELOPMENT ORDINANCE
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