The formulation and enactment of a comprehensive ordinance is based on the division of the entire village into districts, within each of which are permitted specified uses that are mutually compatible. In addition to such permitted, compatible uses, however, it is recognized that there are other uses which it may be necessary or desirable to allow in a given district but which on account of their potential influence upon neighboring uses or public facilities need to be carefully regulated with respect to location or operation for the protection of the community. Such uses are classified in this title as special uses and fall into two (2) categories:

   A.   Public: Uses either municipally operated or operated by publicly regulated utilities, or uses traditionally affected by public interest.

   B.   Private: Uses entirely private in character which, on account of their peculiar locational need, the nature of the service they offer to the public, and their possible damaging influence on the neighborhood, may have to be established in a district or districts in which they cannot reasonably be allowed as an unrestricted permitted use under this title. (2005 Zoning Code)

Special uses may be proposed by the board of trustees, planning and zoning commission, and by any person, firm or corporation having a freehold interest, a possessory interest entitled to exclusive possession, a contractual interest which may become a freehold interest, an option to purchase, or any exclusive possessory interest which is specifically enforceable on the land which is described in the application for special use. (2005 Zoning Code)

   A.   Filing Of Application: An application for a special use shall be filed with the village clerk and thereafter entered into the records of the first meeting thereafter of the board of trustees.

   B.   Hearing And Notice Requirements:

      1.   A copy of such application shall thereafter be forwarded, by the village clerk, to the planning and zoning commission with a request to hold a public hearing and submit to the board of trustees a report of its findings and recommendations.

      2.   The planning and zoning commission shall fix a reasonable time, not to exceed sixty (60) days, for the hearing of the request for special use permit and give due notice to the parties in the same manner as provided in subsection 12-16-3B of this title.

      3.   Such public hearing shall be held upon such notice, and findings and recommendations of the planning and zoning commission shall be submitted to the village board not later than sixty (60) days following the public hearing. (2005 Zoning Code)

   A.   Rendering Of Decision: The board of trustees, upon report of the planning and zoning commission and without further public hearing, may grant or deny any proposed special use in accordance with applicable Illinois statutes, or may refer it back to the planning and zoning commission for further consideration.

   B.   Written Protest By Property Owners: In case a written protest against any proposed special use signed and acknowledged by owners of twenty percent (20%) of the frontage proposed to be altered, or by the owners of twenty percent (20%) of the frontage immediately adjoining or across the alley therefrom, or by owners of twenty percent (20%) of the frontage directly opposite the frontage to be altered, is filed with the village clerk, the special use cannot be passed except on the favorable vote of two- thirds (2/3) of all members of the board of trustees elected. (2005 Zoning Code)

No special use permit shall be recommended or granted unless the applicant shall establish that:

   A.   The proposed use and development will be in harmony with the general and specific purposes of this title and for the regulations of the district in question and with the purposes and intent of the comprehensive plan;

   B.   The proposed use, drainage, and development will not have a substantial undue adverse effect upon adjacent properties, the character of the area, or adversely impact the public health, safety and welfare;

   C.   The proposed use and development will be constructed, arranged, and operated so as not to dominate the immediate vicinity or to interfere with the use and development of neighboring properties in accordance with the applicable district regulations;

   D.   The proposed use will be adequately served by essential public facilities and services, such as streets, public utilities, drainage structures, police and fire protection, refuse disposal, parks, libraries, and schools, or the applicant will provide adequately for such services;

   E.   The proposed use and development will not cause undue traffic congestion nor draw significant amounts of traffic through residential streets; and

   F.   The proposed use and development will comply with all additional standards imposed on it by the provisions of this title or any special conditions imposed by the corporate authorities. (2005 Zoning Code)

The corporate authorities may, in accordance with the procedures and standards set forth in article A of this chapter, by ordinance duly adopted, grant special use permits authorizing the development of planned developments in any district of the village. (Ord. 05-03, 1-18-2005)

   A.   Planned developments are a distinct category of a special use and are authorized for the same general purposes as all other special uses. Planned developments may include uses or combinations of uses allowed by right or by a special use permit within the underlying district, or any use prohibited within the underlying zoning district; provided, however, that any use otherwise prohibited within the underlying zoning district meets, in the sole and absolute discretion of the corporate authorities, the conditions, procedures, and standards of this article.

   B.   A planned development is granted through a special use permit and is intended to allow the relaxation of otherwise applicable zoning district regulations based upon a thorough review of a development proposal for larger parcels. A planned development encourages developers to creatively develop property to promote the following planning objectives:

      1.   Creation of a more desirable environment than would otherwise be possible through strict application of applicable zoning district regulations;

      2.   Promotion of a creative approach to the development of land and related facilities resulting in better design, including aesthetic amenities;

      3.   Combination and coordination of architectural styles, building forms, and building relationships;

      4.   Incorporation of unique but complementary development within an existing neighborhood context;

      5.   Preservation and enhancement of desirable site characteristics, or incorporation of site amenities, such as natural topography, vegetation, wetlands, and other environmentally desirable features;

      6.   Provision of open space; and

      7.   Encouragement of land uses that promote the public health, safety, and welfare. (Ord. 05-03, 1-18-2005)

   A.   Scope: The provisions set forth in this article shall apply to the development or redevelopment of any: 1) parcel that is twenty thousand (20,000) square feet or more in area; 2) adaptive reuse of a building that is ten thousand (10,000) square feet or more in gross floor area; or 3) multi-family development of any size.

   B.   Parties Entitled To Seek Planned Development Approval: An application for a special use permit to authorize a planned development may be filed by the owner of, or any person having a contractual interest in, the subject property. (Ord. 05-03, 1-18-2005)

   A.   Application: A preliminary application for a special use permit for a planned development shall be filed in accordance with section 12-17A-3 of this chapter and subsection 12-17B-13E of this article.

   B.   Initial Staff Review: The preliminary application shall be reviewed by village staff or consultants retained by the village to identify any issues that should be considered by the corporate authorities. All costs incurred by the village in this review of the preliminary application shall be reimbursed in accordance with subsection 12-17B-13B of this article and ordinance 99-03, otherwise known as the cost recoveries ordinance, approved and adopted by the corporate authorities on February 16, 1999.

   C.   Referral To Corporate Authorities: Every preliminary application for a special use permit for a planned development shall be referred by the village clerk to the corporate authorities.

   D.   Preliminary Consideration By Corporate Authorities: The corporate authorities shall, not later than the first regular board of trustees meeting after referral of such application, commence and conclude a preliminary review of the application with the applicant. The preliminary review shall be used to acquaint the corporate authorities with the application and to provide the applicant with any preliminary views or concerns of the corporate authorities. The applicant should consider the views or concerns expressed by the corporate authorities while plans are still flexible and adjustments still possible, and prior to the time that the applicant expends funds necessary to prepare and complete the documentation required for a formal application. No final or binding action shall be taken by the corporate authorities during their preliminary review, and all views and concerns expressed by the corporate authorities shall be deemed by all parties as solely advisory, and in no way be deemed to create, or to prejudice, any rights of the applicant, or to obligate the corporate authorities in any manner whatsoever to approve or deny any formal application following full consideration thereof pursuant to this article. (Ord. 05-03, 1-18-2005)

   A.   Purpose: The development concept plan is intended to provide the applicant an opportunity to submit a plan showing the basic scope, character and nature of the entire proposed planned development without incurring undue cost. The development concept plan is the basis on which the required public hearing is held, thus permitting public consideration of the proposal at the earliest possible stage. In order to permit the village and the applicant to proceed with some assurance, approval of the development concept plan binds the applicant and the village with respect to the following basic elements of development:

      1.   Categories of uses to be permitted;

      2.   General location of residential and nonresidential land uses;

      3.   Overall maximum density of residential uses and intensity of nonresidential uses;

      4.   General architectural style of the proposed development, including conformity with the village's design standard set forth in section 12-3A-7 of this title;

      5.   General location and extent of public and private open space, including recreational amenities;

      6.   General location of vehicular and pedestrian circulation systems;

      7.   Staging of development; and

      8.   Nature, scope and extent of public dedications, improvements or contributions to be provided by the applicant.

   B.   Formal Application: Subsequent to the corporate authorities' review and consideration of the preliminary application, but in no event more than six (6) months thereafter, a formal application for approval of a development concept plan shall be filed in accordance with the requirements of subsection 12-17B-13F of this article. No application for approval of a development concept plan shall be filed unless the corporate authorities shall have first reviewed a preliminary application for a special use permit for a planned development.

   C.   Corporate Authorities Referral: Every properly filed and completed application for approval of a development concept plan shall be referred by the corporate authorities to the plan commission. The failure of the corporate authorities to act on a properly filed and completed application within thirty (30) days of the corporate authorities' receipt thereof, shall be deemed to be a decision to refer the application pursuant to this subsection.

   D.   Public Hearing: In any case where an application for approval of a development concept plan is referred by the corporate authorities pursuant to subsection C of this section, a public hearing shall be set, noticed and conducted by the plan commission.

   E.   Action By Plan Commission: Within twenty one (21) days following the conclusion of the public hearing, the plan commission shall transmit to the corporate authorities its recommendation that the development concept plan either be approved, be approved subject to modifications, or not be approved. The failure of the plan commission to act within twenty one (21) days, or such further time to which the applicant may agree, shall be deemed a recommendation for the approval of the development concept plan as submitted.

   F.   Action By Corporate Authorities: Within sixty (60) days following the receipt of the recommendation of the plan commission, or its failure to act as above provided, the corporate authorities shall either deny the application for approval of the development concept plan; shall remand it back to the plan commission for further consideration of specified matters; or shall, by resolution duly adopted, approve the development concept plan, with or without modifications and conditions to be accepted by the applicant as a condition of such approval, and refer the matter to the plan commission for processing of the final plan in accordance with subsection 12-17B-7F of this article.

   G.   Failure Of Corporate Authorities To Act: The failure of the corporate authorities to act within sixty (60) days, or such further time to which the applicant may agree, shall be deemed to be a decision denying approval of the development concept plan.

   H.   Coordination With Subdivision Ordinance: When a subdivision of land subject to the subdivision ordinance is proposed in connection with a planned development, review of the tentative plat of the proposed subdivision shall be carried out simultaneously with review of the development concept plan. (Ord. 05-03, 1-18-2005)

The applicant may, at his option, submit a final plan for the proposed planned development pursuant to the requirements of section 12-17B-7 of this article simultaneously with the submission of the development concept plan pursuant to the requirements of section 12-17B-5 of this article. In such case, the applicant shall comply with all provisions of this article. The plan commission and the corporate authorities shall consider such plans simultaneously and shall grant or deny final plan approval in accordance with the provisions of section 12-17B-7 of this article. (Ord. 05-03, 1-18-2005)

   A.   Purpose: The final plan is intended to particularize, refine and implement the development concept plan and to serve as a complete, thorough and permanent public record of the planned development and the manner in which it is to be developed.

   B.   Application: Upon approval of the development concept plan, the applicant shall file an application for final plan approval in accordance with the requirements of subsection 12-17B-13G of this article. The application shall refine, implement and be in substantial conformity with the approved development concept plan.

   C.   Public Meeting: A public meeting shall be set, noticed and conducted by the plan commission.

   D.   Coordination With Subdivision Ordinance: When a subdivision of land subject to the subdivision ordinance is proposed in connection with a planned development, review of the final plat of the proposed subdivision shall be carried out simultaneously with review of the final plan.

   E.   Phasing Of Final Plan Approval: An application for final plan approval may include the entire area included in the approved development concept plan or one or more phases, stages or units thereof; provided, however, that the following matters must be addressed and provided in the first phase, stage or unit submitted for final plan approval:

      1.   All public improvements required or proposed for the entire area included in the approved development concept plan;

      2.   All open space required or proposed for the entire area included in the approved development concept plan;

      3.   All land dedications required or proposed for the entire area included in the approved development concept plan; and

      4.   The payment of all fees required by the village.

   F.   Action By Plan Commission:

      1.   Evaluation: Within sixty (60) days following the filing of an application for approval of a final plan, the plan commission shall, with such aid and advice of such village staff and consultants as may be appropriate, review and act on the plan. Such review shall consider:

         a.   Whether the final plan is in substantial conformity with the approved development concept plan;

         b.   The merit or lack of merit of any departure of the final plan from substantial conformity with the approved development concept plan;

         c.   Whether the final plan complies with any and all conditions imposed by approval of the development concept plan; and

         d.   Whether the final plan complies with the provisions of this section and all other applicable federal, state and village codes, ordinances, and regulations.

      2.   Approval Based On Substantial Conformity: If the plan commission finds substantial conformity between the final plan and the approved development concept plan and further finds the final plan to be in all other respects complete and in compliance with any and all conditions imposed by approval of the development concept plan and with the provisions of all applicable federal, state, and village codes, ordinances and regulations, it shall transmit the plan to the corporate authorities with its recommendation that the corporate authorities approve the final plan, with or without modifications and conditions to be accepted by the applicant as a condition of approval.

      3.   Recommendation Of Denial: In any case where the plan commission finds that the final plan is not in substantial conformity with the approved development concept plan and does not merit approval, or in any case where it requires modifications of a plan that are not accepted by the applicant, the plan commission shall transmit the plan to the corporate authorities together with its recommendation and specific reasons in support of its recommendation that the final plan not be approved.

      4.   Failure To Act: The failure of the plan commission to act within the sixty (60) day period specified in subsection F1 of this section, or such further time to which the applicant may agree, shall be deemed to be a recommendation to the corporate authorities to approve the final plan as submitted.

   G.   Action By Board Of Trustees: Within sixty (60) days following the receipt of the recommendation of the plan commission, or its failure to act as above provided, the corporate authorities shall take action in accordance with the following:

      1.   Approval Based On Substantial Conformity: If the plan commission has recommended approval of a final plan pursuant to subsection F2 of this section, the corporate authorities shall, unless it specifically rejects one or more of the findings of the plan commission on the basis of expressly stated reasons, approve the final plan by a duly adopted ordinance.

      2.   Approval Notwithstanding Plan Commission Recommendation Of Denial: If the plan commission has recommended denial of a final plan pursuant to subsection F3 of this section, the corporate authorities may, if it finds that the final plan merits approval and otherwise conforms to the requirements of this article and all other relevant village codes, ordinances, and regulations, approve the final plan by ordinance duly adopted.

      3.   Referral Back To Plan Commission: In any case, the corporate authorities may refer the final plan back to the plan commission for further consideration of specified matters.

      4.   Conditions On Final Plan Approval: The approval of any final plan may, in addition, be granted, with or without modifications and conditions to be accepted by the applicant as a condition of approval.

      5.   Failure To Act: The failure of the corporate authorities to act within sixty (60) days, or such further time to which the applicant may agree, shall be deemed to be a decision denying final plan approval.

   H.   Recording Of Final Plan: When a final plan is approved, the village clerk shall cause the final plan, or the portions thereof as are appropriate, to be recorded with the office of the Cook County recorder of deeds.

   I.   Limitation On Final Plan Approval: Construction shall commence in accordance with the approved final plan within one year after the approval of such plan, or within such shorter time as may be established by the approved development schedule. Failure to commence construction within such period shall, unless an extension of time shall have been granted, upon formal request of the applicant, by the corporate authorities, automatically render void the final plan approval and all approvals of the planned development and all permits based on such approvals.

   J.   Building And Other Permits: Appropriate officials of the village may, upon proper application by the applicant, issue building and other permits to the applicant for the development, construction and other work in the area encompassed by the approved final plan; provided, however, that no permit shall be issued unless the appropriate official is first satisfied that the requirements of any applicable codes, ordinances, or regulations of the village, have been satisfied. Building permits may, however, be withheld at the discretion of the corporate authorities, or their designee, at any time it is determined that the development of the planned development is not proceeding in strict compliance with the approved final plan. (Ord. 05-03, 1-18-2005)

No special permit for a planned development shall be recommended or granted unless and until the applicant shall establish that the proposed development will meet each of the following standards:

   A.   Unified Ownership Required: The entire property proposed for the planned development shall be in single ownership or under such unified control as to ensure that the entire property will be developed as a unified whole. All owners of the property shall be included as joint applicants on all applications and all approvals shall bind all owners. The violation of any owner as to any tract shall be deemed a violation as to all owners and all tracts.

   B.   Covenants And Restrictions To Be Enforceable By Village: All covenants, deed restrictions, easements and similar restrictions to be recorded in connection with the planned development shall provide that they may not be modified, removed or released without the express consent of the corporate authorities, or their designee, and that they may be enforced by the village as well as by future landowners within the proposed development.

   C.   Public Open Space: Where the subject property is two (2) acres or more in area, the corporate authorities may require that public grounds be designated in accordance with the subdivision ordinance. In addition, the corporate authorities may require evidence that all requirements of village ordinances pertaining to the designation of public grounds have been met as respects the proposed planned development and in accordance with the subdivision ordinance.

   D.   Common Open Space:

      1.   Amount, Location And Use: The failure of a planned development to provide common open space shall be considered to be an indication that it has not satisfied the objectives for which such developments may be approved pursuant to this article. When common open space is provided in a planned development, the amount and location of such open space shall be consistent with its intended function as set forth in the application and planned development plans. No such open space shall be used for the construction of any structure or improvement except such structures and improvements as may be approved in the final plan as appropriate to the intended leisure and recreational uses for which such open space is intended.

      2.   Preservation: Adequate safeguards, including recorded covenants or dedication of development rights, shall be provided to prevent the subsequent use of common open space for any use, structure, improvement or development other than that shown on the approved final plan. The restrictions must be permanent and not for a given period of years and must run with the land.

      3.   Ownership And Maintenance: The final plan shall include such provisions for the ownership and maintenance of such open space and improvements as are reasonably necessary to ensure their continuity, care, conservation, maintenance and operation in accordance with predetermined standards and to ensure that remedial measures will be available to the village if such open space or improvements are permitted to deteriorate or are not maintained in a condition consistent with the best interests of the planned development or the village.

      4.   Property Owners' Association: When the requirements of this subsection D are to be satisfied by the ownership or maintenance of such open space or improvements by a property owners' association, such association shall meet each of the following standards:

         a.   The bylaws and rules of the association and all declarations, covenants and restrictions to be recorded must be approved as part of the final plan prior to becoming effective. Each such document shall provide that it shall not be amended in any manner that would result in it being in violation of the requirements of subsection A of this section.

         b.   The association must be established and all covenants and restrictions recorded prior to the sale of any property within the area of the planned development designated to have the exclusive use of the proposed open space or improvements.

         c.   The association must be responsible for casualty and liability insurance, taxes, and the maintenance of the open space and improvements to be deeded to it.

         d.   Membership in the association must be mandatory for each property owner, and any successive owner, having a right to the use or enjoyment of such open space or improvements.

         e.   Every property having a right to the use or enjoyment of such open space or improvements must pay its pro rata share of the cost of the association by means of an assessment to be levied by the association that meets the requirements for becoming a lien on the property in accordance with statutes of the state of Illinois.

         f.   The association must have the right to adjust the assessment to meet changed needs. The membership vote required to authorize such adjustment shall not be fixed at more than fifty one percent (51%) of the members voting on the issue.

         g.   The village must be given the right to enforce the covenants.

         h.   The village must be given the right, after ten (10) days' written notice to the association, to perform any maintenance or repair work that the association has neglected to perform, to assess the membership for such work and to have a lien against the property of any member failing to pay such assessment. For this purpose alone, the village shall have all the rights and powers of the association and its governing body under the agreements and declarations creating the association.

         i.   Drafts of all association documents shall be provided to the village attorney for his or her review to ensure compliance with the requirements of this subsection D4.

   E.   Landscaping And Perimeter Treatment: Any area of a planned development not used for structures or circulation elements shall be landscaped or otherwise improved. The perimeter of the planned development shall be treated so as to ensure compatibility with surrounding uses by means such as provision of compatible uses and structures; setbacks; screening; or natural or manmade buffers. Every planned development shall provide a perimeter landscaped open space along each of its boundaries; each such open space shall have a minimum depth equal to the minimum applicable yard required in the district in which it is located.

   F.   Private Streets: Private streets shall be permitted in a planned development provided that:

      1.   Said streets shall be treated as public streets and rights of way for purposes of all setbacks, yards and calculations;

      2.   Said streets shall be owned and maintained by a property owners' association meeting the requirements set forth in subsection D4 of this section; and

      3.   A covenant shall be recorded against the subject property acknowledging that the village shall at no time be under any obligation to provide maintenance for or accept dedication of said streets.

   G.   Utilities: All utility lines shall be installed underground.

   H.   Conditions On Planned Development Approvals: The approval of either a development concept plan or a final plan may be conditioned on such matters as the corporate authorities may find necessary to prevent or minimize any possible adverse effects of the proposed planned development; or to ensure its compatibility with surrounding uses and development and its consistency with the general purposes, goals and objectives of the village, and all relevant village codes, ordinances, and regulations. Such conditions shall be expressly set forth in the ordinance or resolution granting the approval in question. Violation of any such condition or limitation shall be a violation of this article and shall constitute grounds for revocation of all approvals granted for the planned development.

   I.   Affidavit Of Compliance With Conditions; Fee: Whenever any planned development approval granted pursuant to this article is made subject to conditions or limitations to be met by the applicant, the applicant shall, upon meeting such conditions, file an affidavit, in form and substance satisfactory to the village attorney, with the village clerk so stating. Such affidavit shall be accompanied by a nonrefundable fee, to be fixed in each case by the corporate authorities, or their designee, to recover the village's actual direct cost of an inspection to verify that such conditions and limitations have been met. (Ord. 05-03, 1-18-2005)

Following final plan approval, in the event of an express conflict between the provisions of the final plan and this article, the final plan shall control. This article shall control in all other instances. (Ord. 05-03, 1-18-2005)

   A.   Inspections By Village: Following approval of the final plan of a planned development, or any stage thereof, the appropriate village officials shall, at least annually until the completion of development, review all permits issued and construction undertaken and compare actual development with the approved plans for development and with the approved development schedule.

   B.   Action By Village Officials: If a village official finds that development is not proceeding in accordance with the approved schedule, or that it fails in any other respect to comply with the final plan, the village official shall immediately notify the village administrator of such fact and may, if necessary to protect the public health, safety or welfare or to prevent further violation of this article and the final plan, issue an order stopping any and all work on the planned development until such time as any noncompliance is cured.

   C.   Action By Corporate Authorities: Within sixty (60) days following notification by the village administrator, the corporate authorities shall either:

      1.   Take such steps as it deems necessary to compel compliance with the final plan; or

      2.   Require the owner or applicant to seek an adjustment to the final plan as provided in section 12-17B-11 of this article. (Ord. 05-03, 1-18-2005)

   A.   Minor Adjustments:

      1.   During the development of a planned development, the corporate authorities, or their designee, may authorize minor adjustments to the final plan when such adjustments appear necessary in light of technical or engineering considerations first discovered during actual development. Such minor adjustments shall be limited to the following:

         a.   Altering the location of any one structure or group of structures by not more than five feet (5') or one-fourth (1/4) of the distance shown on the approved final plan between such structure or structures and any other structure or any vehicular circulation element or any boundary of the planned development, whichever is less;

         b.   Altering the location of any circulation element by not more than five feet (5') or one-fourth (1/4) of the distance shown on the approved final plan between such circulation element and any structure, whichever is less;

         c.   Altering the location of any open space by not more than twenty feet (20');

         d.   Altering any final grade by not more than ten percent (10%) of the originally planned grade; and

         e.   Altering the location or type of landscaping elements.

      2.   Such minor adjustments shall be consistent with the intent and purpose of this article and the final plan as approved, shall be the minimum necessary to overcome the particular difficulty and shall not be approved if they would result in a violation of any standard or requirement of this article.

   B.   Major Adjustments: Any adjustment to the final plan not authorized by subsection A of this section shall be considered to be a major adjustment and shall be granted only upon application to, and approval by, the corporate authorities, by ordinance duly adopted. The corporate authorities may, by ordinance duly adopted, grant approval for a major adjustment without a hearing upon finding that any changes in the final plan as approved will be in substantial conformity with said final plan. If the corporate authorities determine that a major adjustment is not in substantial conformity with the final plan as approved, then the corporate authorities may refer the request to the plan commission for further hearing, review, and recommendation. (Ord. 05-03, 1-18-2005)

After completion of a planned development, an approved final plan may be amended, varied, or altered only pursuant to the procedures and subject to the standards and limitations provided in this article for approval of the planned development. (Ord. 05-03, 1-18-2005)

   A.   Application Fee Established; Lien: Every application filed pursuant to this article shall be subject to a nonrefundable one hundred fifty dollar ($150.00) application and filing fee, the requirements of the village cost recoveries ordinance, and the actual cost, as hereinafter defined, incurred by the village in processing such application. The owner of the property which is the subject of the application and, if different, the applicant, shall be jointly and severally liable for the payment of said fee. By signing the application, the owner shall be deemed to have agreed to pay such fee and to consent to the filing and foreclosure of a lien on the subject property to ensure collection of any such fee, plus the costs of collection, which have not been paid within thirty (30) days following the mailing of a written demand for such payment to the owner at the address shown on the application. Any lien filed pursuant to this subsection may be foreclosed in the manner provided by statute for mortgages or mechanics' liens.

   B.   Recoverable Costs: For purposes of calculating the fee due pursuant to subsection A of this section, the actual costs incurred by the village in processing an application shall be deemed to consist of the following items of direct and indirect expense:

      1.   Legal publication.

      2.   Recording secretarial services.

      3.   Court reporter.

      4.   Administrative preparation and review.

      5.   Document preparation and review.

      6.   Professional and technical consultant services.

      7.   Legal review, consultation and advice.

      8.   Copy reproduction.

      9.   Document recordation.

   C.   Fee Payment And Escrow:

      1.   Initial Payment And Escrow: Every application filed pursuant to this article shall be accompanied by the required fee plus an additional amount for recoverable costs as provided in subsection B of this section, to be deposited in an application fee escrow. No interest shall be payable on any such escrow.

      2.   Charges Against Escrow: From the date of filing of any application pursuant to this article, the village shall maintain an accurate record of the actual costs, as hereinabove defined, of processing such application. The corporate authorities, or their designee, shall, from time to time, draw funds from the escrow account established for such application to pay such costs and shall transfer such funds to the appropriate village accounts.

      3.   Additional Escrow Deposits: Should the corporate authorities, or their designee, at any time determine that the escrow account established in connection with any application is, or is likely to become, insufficient to pay the actual costs of processing such application, the applicant shall be notified of that fact and shall be required to make an additional deposit in an amount deemed sufficient to cover foreseeable additional costs. Unless and until such additional amount is deposited by the applicant, the corporate authorities, or their designee, may direct that processing of the application shall be suspended or terminated.

      4.   Final Settlement: As soon as reasonably feasible following final action on an application, the corporate authorities, or their designee, shall cause a final accounting to be made of the escrow deposits made in connection with such application and the actual cost of processing such application and shall make a final charge of such costs against such escrow deposits. A copy of the accounting shall be provided to the owner and the applicant. If the amount in the escrow account is insufficient to pay the total actual costs, a written demand for payment of the balance due shall be mailed to the owner and the applicant. If unused balance remains in the escrow account after paying the total actual costs, it shall be returned to the applicant.

   D.   Condition Of All Applications, Approvals And Permits; Time Periods: No application filed pursuant to this article shall be considered complete unless and until all fees and deposits due pursuant to this section have been paid. Every approval granted and every permit issued pursuant to this article shall, whether or not expressly so conditioned, be deemed to be conditioned upon payment of fees as required by this section. Where this article provides that the passage of time without decision or action shall be deemed an approval or a recommendation for approval, time periods shall be tolled during any period of nonpayment, but shall otherwise continue to run. The failure to fully pay any such fee or deposit, when due, shall be grounds for refusing to process an application and for denying or revoking any permit or approval sought or issued with respect to the land or development to which the unpaid fee or deposit relates.

   E.   Applications For Preliminary Consideration: Every application filed pursuant to section 12-17B-4 of this article shall provide the following information:

      1.   The owner's name and address and the owner's signed consent to the filing of the application.

      2.   The applicant's name and address, if different than the owner, and his interest in the subject property.

      3.   The names, addresses and telephone numbers of all professional consultants, if any, advising the applicant with respect to the application.

      4.   The name and address and the nature and extent of the interest of any officer or employee of the village in the owner, the applicant or the subject property.

      5.   The address and legal description of the subject property.

      6.   A description or graphic representation of the planned development proposal for which approval is being sought and of the existing zoning classification, use and development of the subject property. The scope and detail of such description shall be appropriate to the subject matter of the application, with special emphasis on those matters likely to be affected or impacted by the approval being sought in the application.

      7.   Proof of control or ownership of the subject property.

   F.   Applications For Development Concept Plan Approval: Every application filed pursuant to section 12-17B-5 of this article shall, in addition to the required information set forth in subsection E of this section, provide the following information:

      1.   A written statement of the need for a special use permit for a planned development.

      2.   The names and addresses of all owners of property within two hundred fifty (250) linear feet, excluding street rights of way, in all directions from the subject property.

      3.   Property located on the same frontage or frontages as the front lot line or corner side lot line of the subject property, and on a frontage directly opposite any such frontage, and on a frontage immediately adjoining or across an alley from any such frontage, as shown in the records of the office of the assessor of Cook County.

      4.   A survey, certified by a registered land surveyor, showing existing lot lines and dimensions as well as lot area, all easements, all public and private rights of way and all streets across and adjacent to the subject property.

      5.   A development name unique to the Berkeley area for identification purposes.

      6.   Evidence that the applicant has sufficient control over the subject property to effectuate the proposed planned development, including a statement of all legal, beneficial, tenancy and contractual interests held in or affecting the subject property, and a recent commitment for title insurance or ownership search certificate.

      7.   A map depicting municipal and special district boundaries where adjacent to or within the subject property.

      8.   A written statement addressing the following matters:

         a.   A general description of the proposed planned development, the planning objectives to be achieved by it, including the rationales and assumptions of the applicant supporting the proposed planned development, and the market it is intended to serve.

         b.   How the proposed planned development is to be designed, arranged and operated so as not to adversely affect the development and use of neighboring property in accordance with applicable regulations of this title.

         c.   Schematic, soft line drawings of the proposed planned development concept, including public or private rights of way on or adjacent to the subject property, the proposed dimensions and locations of vehicular and pedestrian circulation and parking elements, public and private open space, and residential, commercial, office, industrial and other land uses, and the general location of and purpose of all easements.

         d.   A tax impact study indicating the possible tax consequences the proposed planned development will have upon the village and other affected taxing bodies.

         e.   A traffic and transit impact study including a list of new street construction and traffic control improvements necessary to accommodate the estimated increase in traffic and traffic related problems occasioned by the proposed development and a statement of the applicant's proposals for providing those needed improvements.

         f.   A preliminary engineering study showing the location and adequacy of existing and proposed sanitary sewer, storm sewer and water distribution systems.

         g.   A written statement identifying existing natural and environmental resources and features on the subject property, including its topography, vegetation, soils, geology, and scenic view, and the impact of the proposed planned development on such resources and features, including proposals to preserve or protect such resources and features.

         h.   Schematic, soft line architectural elevations indicating the general style of architecture and typical building materials.

         i.   A statement of the applicant's intent with respect to the ownership, sale and leasing of the various completed units, structures, spaces and areas within the proposed planned development.

         j.   If the planned development is to be constructed in stages or units during a period extending beyond a single construction season, a development schedule for each and every such stage stating the approximate beginning and completion date, proportion of total public or common open space to be provided for each use and with each development stage.

         k.   A detailed description of the financial assurances to be presented to guarantee completion of all public improvements and private open space to be provided in connection with the proposed planned development.

         l.   Evidence of the financing plan the applicant proposes to use to complete the proposed planned development. The applicant's prior success in completing projects of similar scope may be offered in support of this requirement.

         m.   A preliminary plat of subdivision if required pursuant to the subdivision ordinance.

The corporate authorities, or their designee, upon request of the owner or applicant, in their sole and absolute discretion, may waive the requirement to file any of the above listed items with the application.

   G.   Applications For Final Plan Approval: Every application filed pursuant to section 12-17B-7 of this article shall, in addition to the required information set forth in subsection E of this section, provide the following information:

      1.   The date on which development concept plan approvals were granted.

      2.   A statement and plan of the proposed treatment of the perimeter of the proposed planned development, including materials and techniques to be used.

      3.   When the proposed planned development, or stage thereof, includes provision for public or common open space, a statement describing the provision made for the dedication or care and maintenance of such open space. If it is proposed that such open space be owned or maintained by any entity other than a governmental authority, copies of the proposed articles of incorporation and bylaws of such entity shall be submitted. When the property is to be dedicated, a draft of the instrument of dedication shall be submitted.

      4.   Copies of any restrictive covenants to be recorded with respect to property included in the final plan.

      5.   A statement summarizing all changes that have been made, or have occurred, in any document, plan, data or information previously submitted, together with a revised copy of any such document, plan or data.

      6.   A final plat of subdivision if required pursuant to the Berkeley subdivision ordinance.

      7.   All engineering data and drawings required in connection with an application for final subdivision approval under the subdivision ordinance (3 sets only).

      8.   All certificates, seals and signatures required for the dedication of land and recordation of documents.

      9.   Hard line elevations and floor plans.

      10.   Proof from appropriate governmental agencies that all taxes on the subject property have been paid and that all special assessments, taxes, or other levies against the subject property or any part thereof have been paid in full. (Ord. 05-03, 1-18-2005)