To encourage improved design in the development of land by providing relief from traditional zoning requirements which are designed for conventional development but which may cause undue hardship or complication for desirable but unconventional development, and to establish standards and procedures for the issuance of a special use permit for planned developments in order to obtain the following objectives:

(1)

Environmental design in the development of land that is of a higher quality than is normally possible through the strict application of general chapter requirements.

(2)

Diversification in the uses permitted and variation in the relationship of uses, structures, open spaces and heights of structures in developments conceived as cohesive unified projects.

(3)

Provision for functional and beneficial use of open space.

(4)

Preservation of natural features of a development site.

(5)

Provision for a safe and desirable living environment in residential areas characterized by a unified building and site development program.

(6)

Rational and economic development in relation to public services.

(7)

Creation of a variety of uses, in compatible arrangements, to provide a greater choice of living, working and shopping environments.

(Code 1973, ch. 29, § 9-101; Ord. No. 77-035, 5-17-1977)

Planned developments shall be constructed in each zoning district as a special use subject to the standards and procedures set forth in this article:

(1)

Except as modified by and approved in the ordinance approving a final development plan, a planned development shall be governed by the regulations of the district or districts in which the planned development is located. Notwithstanding the foregoing, uses which are permitted or special uses in the I-1 limited industrial district or I-2 general industrial district shall not be allowed as uses in planned residential, commercial or office developments.

(2)

The ordinance approving the final development plan for the planned development may provide for such exceptions from the district regulations governing use, density, area, bulk, parking and signs, landscape requirements, open storage regulations, screening and berming requirements, maximum impervious coverage and open space requirements, parking and off-street loading requirements, and the subdivision design standards and approval procedures as may be necessary or desirable to achieve the objectives of the proposed planned development, providing such exceptions are consistent with the standards and criteria contained in this article. No modification of the district requirements or the subdivision design standards may be allowed when such proposed modification.

a.

Inconvenient or unsafe access to the planned development;

b.

Traffic congestion in the streets which adjoin the planned development;

c.

An undue or disproportionate burden on public parks, recreational areas, schools, fire and police protection and other public facilities which serve or are proposed to serve the planned development; and

d.

A development which will be incompatible with the purpose of this article.

(3)

The ordinance approving a special use for a planned development may provide for expedited development plan review procedures. Such procedures shall be as follows:

a.

Approval by the village board of a concept development plan and preliminary engineering plans for public improvements, which shall constitute and be in lieu of the preliminary development plan approval procedures set forth in section 54-746, provided that a public hearing with respect to such concept development and engineering plans shall be held before the plan commission prior to such approval;

b.

Approval by the village staff and plan commission of detailed site plans and final detailed engineering plans for individual lots or phases of the planned development after review of the plans, such review and approvals solely in order to determine whether the plans conform with the concept development plan and preliminary engineering plans, the applicable conditions of the special use for such planned development, and the applicable codes and ordinances of the village, as modified by such conditions of special use. No public hearings shall be required with respect to such site plans and detailed engineering plans. The village staff shall submit its findings to the plan commission on the first Friday following completion of such staff review of the developer's submissions. Village staff objections must be based upon and shall be expressly limited to noncompliance of such site or detailed engineering plans with the approved concept development plan and preliminary engineering plans, the applicable conditions of special use for the planned development, and applicable codes and ordinances of the village, as modified by such conditions of special use.

c.

The plan commission shall approve of, disapprove of, or shall object to, such site plans and detailed engineering plans at the next regularly scheduled meeting. Plan commission disapproval or objections must be based upon and shall be expressly limited to noncompliance of such site or detailed engineering plans with the approved concept development plan and preliminary engineering plans, the applicable conditions of special use for the planned development, and the applicable codes and ordinances of the village, as modified by such conditions of special use. In the event the plan commission does not approve, disapprove or object to such site and detailed engineering plans at the next regularly scheduled meeting of the plan commission, such site and detailed engineering plans shall be conclusively deemed approved by the plan commission. No further public hearings shall be required. Approval by the plan commission hereunder shall constitute and be in lieu of the final development plan approval procedures set forth in section 54-746.

d.

In the event the plan commission determines that the approved concept development plan, approved preliminary engineering plans, the applicable conditions of the special use or the applicable codes and ordinances of the village have not been met by the site and detailed engineering plans submitted pursuant to subsection (3)b of this section, then the developer may, within 30 days thereof, appeal the decision to the board of trustees. The board of trustees shall render a final decision thereon at the next regularly scheduled meeting of the village board of trustees.

(Code 1973, ch. 29, § 9-102; Ord. No. 77-035, 5-17-1977; Ord. No. 88-049, 7-26-1988; Ord. No. 10-065, 9-28-2010)

The plan commission may recommend to the village board and the village board may grant a special use permit which modifies the applicable district zoning regulations and subdivision regulations upon a written finding by the plan commission that the planned development meets the applicable standards and criteria contained in this article. Such written finding shall set out the reasons supporting each finding and shall support each of the following standards and the applicable provisions of division 2 through 4 of this article:

(1)

The proposed development will not injure or damage the use, value and enjoyment of surrounding property nor hinder or prevent the development of surrounding property in accordance with the comprehensive land use plan of the village.

(2)

The proposed building or use will not have a substantial adverse economic effect upon existing businesses in the vicinity and will not have an adverse impact upon the tax bases of units of local government and school districts.

(3)

The proposed development can be substantially completed within the period of time specified in the schedule of development submitted by the applicant.

(4)

The entire tract or parcel of land to be occupied by the proposed development shall be held in a single ownership, or if there are two or more owners, the application for such proposed development shall be filed jointly by all such owners.

(5)

The development plan shall contain such proposed covenants, easements, and other provisions relating to the bulk and location of buildings, uses and structures and public facilities as are necessary or desirable for the welfare of planned development and are not inconsistent with the best interest of the village.

(6)

In order to avoid overloading village facilities beyond designed capacity, the development shall be permitted only if:

a.

Sanitary sewers, storm sewers and water supply to service the development are adequate to serve the proposed development and will not reduce existing capacity below that necessary to serve existing developments; or

b.

If such sanitary sewer, storm sewer or water supply services are provided by a municipality other than the village.

(7)

The location and arrangement of structures, parking areas, walks, lighting and appurtenant facilities shall be compatible with the surrounding land uses, and any part of a proposed development not used for structures, parking and loading areas, or accessways, shall be landscaped or otherwise improved.

(8)

There is no minimum project area for planned developments.

(9)

The minimum project area shall be adaptable to unified development and shall have within or through the area no physical features which will tend to destroy the neighborhood or community cohesiveness.

(10)

The dominant land use of the proposed planned development shall be consistent with the recommendations of the comprehensive plan of the village for the area containing the project.

(11)

Any modifications of the zoning or other regulations that would otherwise be applicable to the site are warranted by the design of the development plan, and the amenities incorporated in it, and are not inconsistent with the interest of the public generally.

(12)

Exceptional landscaping features such as larger caliper, varied species and reduced spacing of trees and additional sodding above minimum requirements specified shall be provided if called for in the final development plan or the expedited development plan under section 54-665(3)a, whichever is applicable.

(Code 1973, ch. 29, § 9-103; Ord. No. 77-035, 5-17-1977; Ord. No. 88-049, 7-26-1988; Ord. No. 98-031, 4-14-1998)

The planned residential development is available to encourage innovative designs in the development of lands for residential and other selected secondary uses.

(Code 1973, ch. 29, § 9-201; Ord. No. 77-035, 5-17-1977)

In addition to the standards and criteria set forth in division 1 of this article, planned residential developments shall comply with the standards and criteria set forth hereinafter. For the purpose of this division, a planned development shall be deemed to be a planned residential development when 90 percent or more of the total lot area in the development is to be used for residential purposes.

(Code 1973, ch. 29, § 9-202; Ord. No. 77-035, 5-17-1977; Ord. No. 80-057, 10-7-1980)

All buildings on the perimeter of the planned development are subject to the following:

(1)

The plan commission may request and the village board may require the front, side, corner side, double frontage rear, or rear yard setbacks on the perimeter of the development to be greater than those required by the article for the district in which such development is located when necessary to protect the privacy of both the planned development and the existing adjacent uses.

(2)

If topographical or other barriers do not provide adequate privacy for the planned development and for existing uses adjacent the development, the plan commission may request and the village board may require that all structures located along the entire perimeter of the planned development be permanently screened with sight-proof screening in a manner which is sufficient to protect the privacy.

(3)

The plan commission may request and the village board may require that landscaped screening be installed by the developer in areas where setbacks are allowed that are less than those required by the chapter for the district in which the development is located.

(Code 1973, ch. 29, § 9-203; Ord. No. 77-035, 5-17-1977; Ord. No. 80-057, 10-7-1980)

Planned open space may be provided in a planned residential development. No open area may be delineated or accepted as planned open space under the provisions of this section unless it meets the following standards:

(1)

The location, shape, size and character of the planned open space must be suitable for the planned development.

(2)

Planned open space must be used for recreational purposes or to provide visual, aesthetic and environment amenities. The uses authorized for the planned open space must be appropriate to the scale and character of the planned development, considering its size, density, expected population, topography, and the number and type of dwellings to be provided.

(3)

Planned open space must be suitably improved for its intended use, but planned open space containing natural features worthy of preservation may be left unimproved. The buildings, structures and improvements to be located in the planned open space must be appropriate to the uses which are authorized for the planned open space and must conserve and enhance the amenities of the planned open space having regard to its topography and unimproved condition.

(4)

The development schedule which is part of the final development plan must coordinate the improvement of the planned open space, the construction of the buildings, structures and improvements in the planned open space, and the construction of residential dwellings in the planned development.

(5)

No portion of a planned development shall be conveyed or dedicated by a developer or any other person, to any public body or a homeowners' association unless the plan commission has determined that character and quality of the tract to be conveyed makes it suitable for the purposes for which it is intended. When making its determination, the plan commission shall give consideration to the size and character of the dwellings to be constructed within the planned development, the topography and existing trees, ground cover, and other natural features; the manner in which the open area is to be improved and maintained for recreational or amenity purposes; and the existence of public parks or other public recreational facilities in the vicinity.

(6)

All land shown on the final development plan as planned open space must either be:

a.

Conveyed to a public body, if the public body agrees to accept conveyance, to maintain the planned open space and any buildings, structures or improvements which have been placed on it; or

b.

Conveyed to a homeowners' association or similar organization organized for the purpose, among others, of owning and maintaining common buildings, areas and land within the planned development. The planned open space must be conveyed subject to covenants to be approved by the village which restrict the planned open space to the uses specified on the final development plan, and which provide for the maintenance of the planned open space in a manner which ensures its continuing use for its intended purpose.

(Code 1973, ch. 29, § 9-204; Ord. No. 77-035, 5-17-1977; Ord. No. 80-057, 10-7-1980)

Any streets and driveways proposed shall be adequate to serve the residents, occupants, visitors or other anticipated traffic of the planned development, but may be designed so as to discourage outside through traffic from traversing the development. Entrance points or locations of streets and driveways upon previously existing public roadways shall be subject to the approval by the village. Traffic controls on public roadways within or adjacent the development will be provided by the village as and where determined necessary by the village board of trustees, but the board may require, as a condition of approval of a proposed planned development, that the cost of installing such traffic controls be borne by the developer. Traffic control device installations shall be done in accordance with installation schedules and to standards as ordinarily applied on all public streets. If traffic control devices are required to prevent or relieve hazards or congestion on adjacent streets and the proposed control device is not within the normal or scheduled sequence of installations, such devices may be provided by the developer upon permission by the board of trustees for installation by the village.

(Code 1973, ch. 29, § 9-205; Ord. No. 77-035, 5-17-1977; Ord. No. 80-057, 10-7-1980)

Off-street parking shall be conveniently accessible to all dwelling units and other uses. Where appropriate, common driveways, parking areas, walks and steps may be provided, maintained and lighted for night use. Screening of parking and service areas shall be required as specified in article VII of this chapter.

(Code 1973, ch. 29, § 9-206; Ord. No. 77-035, 5-17-1977; Ord. No. 92-175, 12-22-1992)

The pedestrian circulation and its related walkways shall be insulated as completely as possible from the vehicular street system in order to provide separation of pedestrian and vehicular movement. This shall include, when deemed to be necessary by the plan commission, special provisions to accommodate the pedestrian or bicyclist when crossing any vehicular roadway.

(Code 1973, ch. 29, § 9-207; Ord. No. 77-035, 5-17-1977)

The planned development shall provide for underground installation of utilities (including electricity and telephone) in both public ways and private extensions thereof. Provisions shall be made for acceptable design and construction of storm sewer facilities including grading, gutter, piping and treatment of turf to handle stormwater, prevent erosion and the formation of dust. Utilities and maintenance of facilities shall be in accordance with the requirements and regulations of the village as set forth in article III of this chapter.

(Code 1973, ch. 29, § 9-208; Ord. No. 77-035, 5-17-1977)

The planned development shall provide reasonable visual and acoustical privacy for dwelling units. Fences, insulation, walks, barriers and landscaping shall be used, as appropriate, for the protection and aesthetic enhancement of property and the privacy of its occupants, screening of objectionable views or uses and reduction of noise. Buildings which are higher than the majority within the development shall be located in such a way as to dissipate any adverse impact on adjoining lower buildings and shall not invade the privacy of the occupants of such lower buildings.

(Code 1973, ch. 29, § 9-209; Ord. No. 77-035, 5-17-1977)

When nonresidential uses or structures in the planned development abut a residence or residentially zoned district, or when nonresidential uses or structures abut residential buildings in the same development, appropriate screening and transition yards shall be as determined by the plan commission. Landscaping, as specified in 54-578, is specifically declared to be acceptable screening. Acceptable standards are as follows:

(1)

A fence constructed of natural materials with a maximum height of six feet; or

(2)

Densely planted natural shrubbery of a species that can normally be expected to reach a height of six feet, having a minimum height of three feet at the time of planting.

(Code 1973, ch. 29, § 9-210; Ord. No. 77-035, 5-17-1977; Ord. No. 92-175, 12-22-1992)

For convenience centers located within a planned residential development, exceptions may be made in the use and other regulations of the underlying district subject to the following restrictions:

(1)

Such facilities shall be located, designed and operated so as to serve primarily the needs of the residents within the planned development and shall have direct pedestrian access to residential areas.

(2)

The lot area of such facilities shall not exceed ten percent of the total lot area of the planned development.

(3)

Layout of parking and loading areas, service areas, entrances, exits, yards, courts and landscaping and the control of signs, lighting, noise and other potentially adverse influences shall be such as to protect the residential areas within or adjoining the development.

(4)

Such facilities by reason of their location, construction, manner or timing of operation shall not have adverse effects on residential uses within or adjoining the development or create traffic congestion or hazard to vehicular or pedestrian traffic.

(Code 1973, ch. 29, § 9-211; Ord. No. 77-035, 5-17-1977)

This provision is available to encourage innovative and creative design of commercial, office or industrial developments not otherwise permitted with traditional zoning techniques.

(Code 1973, ch. 29, § 9-301; Ord. No. 77-035, 5-17-1977)

In addition to the standards and criteria set forth in division 1 of this article, planned commercial, office or industrial developments shall comply with the standards and criteria set forth hereinafter.

(Code 1973, ch. 29, § 9-302; Ord. No. 77-035, 5-17-1977)

No building shall be used as a permanent residence, except that facilities for custodian, caretaker or watchman for the premises may be provided.

(Code 1973, ch. 29, § 9-303; Ord. No. 77-035, 5-17-1977)

When a lot line of a planned commercial, office or industrial development is adjacent or separated by a street from a residence district, no building or structure that exceeds 35 feet in height shall be located within 100 feet of the lot line, provided that elevator penthouses, water towers, decorative building projections and other mechanical equipment shall not be included in determining the height of buildings or structures for this section.

(Code 1973, ch. 29, § 9-304; Ord. No. 77-035, 5-17-1977)

When structures or uses in a planned commercial, office or industrial development abut a residence district or residential use in the same development, screening shall be provided as determined by the plan commission; provided, however, that the landscape requirements in section 54-578 is specifically declared to be acceptable screening.

(Code 1973, ch. 29, § 9-305; Ord. No. 77-035, 5-17-1977; Ord. No. 92-175, 12-22-1992)

For all signs in the planned development, the village may require, as a condition of the special use permit, more restrictive sign regulations than otherwise permitted by the municipal code of the village.

(Code 1973, ch. 29, § 9-306; Ord. No. 77-035, 5-17-1977)

All planned commercial, office or industrial developments shall comply with the performance standards specified in section 54-144 for the district in which the development is located.

(Code 1973, ch. 29, § 9-307; Ord. No. 77-035, 5-17-1977)

The planned development shall provide for underground installation of utilities (including electricity and telephone) in both public ways and private extensions thereof. Provisions shall be made for acceptable design and construction of stormwater facilities including grading, gutter, piping and treatment of turf to handle stormwater, prevent erosion and the formation of dust. The utilities required and maintenance of the facilities shall be in accordance with the requirements and regulations of the village as set forth in article IV of this chapter.

(Code 1973, ch. 29, § 9-308; Ord. No. 77-035, 5-17-1977)

All planned commercial or mixed use developments containing commercial uses shall comply with the hours of operation specified in article IV of this chapter unless the special use for planned development, as approved by the village, permit other hours of operation as a condition of the special use.

(Code 1973, ch. 29, § 9-309; Ord. No. 77-035, 5-17-1977; Ord. No. 00-150, 10-24-2000)

Planned developments which do not qualify as a planned residential development, pursuant to section 54-677 and which are not exclusively for commercial, office or industrial uses shall be subject to the applicable standards contained in divisions 2 and 3 of this chapter, except the provisions of sections 54-686.

(Code 1973, ch. 29, § 9-401; Ord. No. 77-035, 5-17-1977)

(a)

Before submitting an application for planned development, the applicant shall confer with the village planning and zoning department to obtain information and guidance before entering into binding commitments or incurring substantial expense.

(b)

Application shall be made on forms supplied by the village.

(c)

Application for approval of a planned development shall be made in accordance with the provision of this division relating to special uses, except as specifically provided herein to the contrary.

(d)

An application must be accompanied by either an outline development plan or a preliminary development plan. In either case, the application and accompanying drawings shall be submitted to the plan commission for analysis, and in the case of a preliminary development plan, for public hearing.

(e)

A preliminary development plan is required and must be submitted to the plan commission with the application or within one year following approval of an outline development plan. If an outline development plan has been approved, the plan commission may authorize the submission of a preliminary development plan in stages.

(f)

If a preliminary development plan covering 20 percent of the subject property, or not less than nine acres, has not been submitted within one year following approval of the outline development plan, the board of trustees shall withdraw its approval and the outline development plan shall be null and void.

(g)

Within one year following the approval of the preliminary development plan, the applicant shall file with the board of trustees a final development plan completing in final form all information required in section 54-749.

(Code 1973, ch. 29, § 9-501; Ord. No. 77-035, 5-17-1977)

(a)

An applicant may submit an outline development plan to the plan commission for tentative review and approval prior to incurring the expenses associated with formal site plan submission in order to discover whether the village will accept a planned development of the type proposed at the site proposed. An outline development plan shall include maps and written statements and shall describe enough of the surrounding area to show the relationship of the planned development to adjoining uses both existing and proposed.

(1)

Maps which are part of the outline development plan may be in general form, and shall contain the proposed land uses, the natural features of the site, the character and approximate density of dwellings, the approximate location of proposed structures and improvements, and planned open spaces.

(2)

The written statement shall contain a general explanation of the size and character of the planned development, including a statement of the present ownership of all the land within the planned development and expected schedule of construction.

(b)

The village plan commission shall review the outline development plan within 90 days after receipt of such plan, and shall prepare a written report containing its recommendations to the village board and the applicant.

(Code 1973, ch. 29, § 9-502; Ord. No. 77-035, 5-17-1977; Ord. No. 80-057, 10-7-1980)

(a)

Preliminary development plan is required of any applicant for a planned development permit. The preliminary development plan shall contain all items required for a preliminary development plan in section 30-66. The following items shall also be required:

(1)

A plot plan for each building site and planned open area, showing the approximate location of all buildings, structures, and improvements and indicating the open space around the buildings and structures.

(2)

Schematic design presentation indicating the architectural character of all proposed structures and improvements. The drawings need not be the result of final architectural decisions and need not be in detail.

(3)

A development schedule indicating:

a.

The approximate date when construction of the project can be expected to begin;

b.

The stages in which the project will be built and the date when construction of each stage can be expected to begin;

c.

The date when the development of each of the stages will be completed; and

d.

The area and locations of planned open space that will be provided at each stage.

(4)

Proposed agreements, bylaws, provisions or covenants which govern the use, maintenance and continued protection of the planned development and any of its planned open space or other facilities referred to under subsection (a)(1) of this section.

(5)

A list of all modifications from the district regulations which will be necessary for the proposed planned development.

(6)

If the plan commission finds that the planned development required further in depth review, the following information may be required:

a.

A circulation diagram indicating the proposed movement of vehicles, goods and pedestrians within the development to and from existing thoroughfares.

b.

A comprehensive drainage plan with analysis of the impact that the development creates on the site and on the surrounding area.

(b)

The plan commission shall review the preliminary development plan and shall recommend whether it is in substantial compliance with the outline development plan and if it complies with all other standards in this article for planned development which were not considered when the outline development plan was approved.

(c)

The plan commission shall, within 60 days of receiving a preliminary development plan complete in all respect, hold a public hearing after due public notice, and shall within 60 days thereof, recommend to the board of trustees the approval or denial of the proposed planned development and shall include not only conclusions, but also findings of fact related to the specific proposal and shall set forth particularly in what respects the proposal would or would not be in the public interest, including, but not limited to, findings of fact on the following:

(1)

In what respects the proposed plan is or is not consistent with the stated purposes of the planned development regulations.

(2)

The extent to which the proposed plan departs from the zoning and subdivision regulations otherwise applicable to the subject property, including, but not limited to, the density, dimension, area, bulk, use and the reasons why such departures are or are not in the public interest.

(3)

The extent to which the proposed plan meets the requirements and standards of the planned development regulations.

(4)

The physical design of the proposed planned development and the manner in which the design does or does not make adequate provision for public services, provide adequate control over vehicular traffic, provide for and protect designated planned open space and schools, and further the amenities of light and air, recreation and visual enjoyment.

(5)

The compatibility of the proposed planned development with the adjacent properties and neighborhood.

(6)

The desirability of the proposed planned development to physical development and economic well-being of the entire community.

(7)

The conformity with the recommendations of the comprehensive plan.

(d)

Within 35 days, the board of trustees shall approve, approve with modifications, or disapprove the preliminary development plan. However, no plats shall be recorded and no building permits issued until a final development plan has been approved by the board of trustees.

(Code 1973, ch. 29, § 9-503; Ord. No. 77-035, 5-17-1977; Ord. No. 80-057, 10-7-1980)

(a)

Within one year following the approval of the preliminary development plan, the applicant shall file with the plan commission a final development plan for the first stage of development, containing in final form the information required in the preliminary plan. The final development plan shall also include all items required for a final development plan as enumerated in section 30-103. The following items shall also be required:

(1)

A final land use plan, suitable for recording with the county recorder of deeds. The purpose of the final development plan is to designate the land subdivided into lots as well as the division of other lands not so treated into planned open areas and building areas, and to designate and limit the specific internal uses of each building or structure, as well as of the land in general.

(2)

If subdivided lands are included in the planned development, a subdivision plat of all subdivided lands in the same form and meeting all the requirements of a normal subdivision plat. To the extent that compliance with the development code of the village may be required, public hearings for such purposes shall be held at the same time as the hearings required under the provisions of these planned development regulations.

(3)

An accurate legal description of each separate unsubdivided use area, including planned open space.

(4)

Designation of the location of all buildings to be constructed, and a designation of the uses for which each building is designed.

(5)

Final agreements, bylaws, provisions or covenants which govern the use, maintenance and continued protection of the planned development and any of its planned open space or other facilities conveyed to a homeowners' association or similar organization.

(6)

Final development and construction schedule.

(b)

The final development plan shall be approved as follows:

(1)

The plan commission shall review the final development plan within 35 days of its submission and shall recommend approval if it is in substantial compliance with the preliminary development plan. The plan commission shall certify to the board of trustees that the final development plan is in conformity with the previously filed preliminary development plan and meets all the requirements for a final development plan.

(2)

The board of trustees shall approve the final development plan if it is in conformity with the preliminary development plan and meets all the requirements for a final development plan. It shall pass an appropriate ordinance granting the special use permit.

(3)

If the plan commission finds that the final development plan does not substantially conform to the preliminary development plan or that it does not meet the requirements for a final development plan, it shall so notify the applicant and the board of trustees in writing within 35 days of submission.

(Code 1973, ch. 29, § 9-504; Ord. No. 77-035, 5-17-1977; Ord. No. 80-057, 10-7-1980)

If no substantial construction has begun or no use established in the planned development within the time stated in the final development and construction schedule of the final development plan, the special use permit for the planned development shall lapse upon written notice to the applicant from the village board of trustees and shall be of no further effect. The zoning regulations applicable before the special use for planned development was approved shall then be in effect. In its discretion and for good cause, the board of trustees may extend for a reasonable time, not to exceed one year, the period from the beginning of construction or the establishment of a use, provided such extension is granted during the original period.

(Code 1973, ch. 29, § 9-505; Ord. No. 77-035, 5-17-1977)

(a)

The zoning administrator may approve the issuance of permits for site or building construction for that part of the development plan that has been approved in the area covered by the approved final development plan for work in conformity with the approved final development plan and with all other applicable ordinances and regulations.

(b)

However, the zoning administrator shall not approve an occupancy permit for any building or structure shown on the development plan of any stage of the planned development unless the planned open space and public facilities allocated to that stage of the development have been conveyed to the proper authorities. A certificate of occupancy for any completed building or structure located in an area covered by the approved final development plan may be issued if the completed building or structure conforms to the requirements of the approved final development plan and all other applicable regulations and ordinances of the village.

(Code 1973, ch. 29, § 9-506; Ord. No. 77-035, 5-17-1977; Ord. No. 80-057, 10-7-1980)

(a)

The zoning administrator shall periodically review all permits issued for the planned development, examine all construction that has taken place on the planned development site, and compare actual development with the approved development schedule.

(b)

If the zoning administrator shall find that the owners of the property in the planned development area have failed to meet the approved development schedule, or that the rate of construction of dwelling units is greater than the rate at which planned open space and public and recreational facilities have been constructed and provided, the zoning administrator shall notify the plan commission and board of trustees in writing.

(c)

Within 30 days of such notice, the board of trustees shall either revoke the special use permit, and the land shall revert to its former classification, or, for good cause shown by the landowner, the limits of the development schedule shall be extended for a reasonable time.

(Code 1973, ch. 29, § 9-507; Ord. No. 77-035, 5-17-1977)

No changes may be made to the approved final development plan during the construction of the planned development except upon the application to the appropriate agency under the following procedures:

(1)

Minor changes in the location, siting and height of buildings and structures may be authorized by the plan commission if required by engineering or other circumstances not foreseen at the time the final development plan was approved. No change authorized by this section may increase the cube of any building or structure by more than ten percent.

(2)

All other changes in time schedule and in use, any rearrangement of lots, blocks and building tracts, any changes in the provision of planned open space and all other changes in the approved final development plan shall be made by the board of trustees, upon recommendation of the plan commission, under the procedure authorized by this article for approval of the special use permit. No amendments may be made in the approved final development plan unless they are shown to be required by changes in conditions that have occurred since the final development plan was approved. A self-imposed hardship shall not be a valid reason for change.

(3)

Any changes approved shall be recorded as amendments to the recorded copy of the final development plan.

(4)

Notwithstanding anything to the contrary contained in subsections (1) and (2) of this section, in the event the final development plan is an expedited development plan under section 54-665(3)b, the plan commission may authorize changes not relating to bulk, height or density requirements and may authorize changes in bulk, height or density requirements so long as no change authorized by this subsection increases the cube of any building or structure by more than 15 percent. All other bulk, height or density changes must be made pursuant to subsection (2) of this section.

(Code 1973, ch. 29, § 9-508; Ord. No. 77-035, 5-17-1977; Ord. No. 88-049, 7-26-1988)

(a)

Upon completion of the planned development, and as a condition of the village's acceptance of the final public improvements, the zoning administrator shall issue a certificate of completion certifying the completion.

(b)

After the certificate of completion has been issued, the uses of land and construction, modifications or alteration of any buildings or structure within the planned development shall be governed by the approved final development plan rather than by any other provision of this zoning ordinance.

(c)

After the certificate of completion has been issued, no changes may be made in the approved final development plan except upon application to the appropriate agency under the procedures for seeking amendments, special uses and variations with respect to the village zoning ordinance, as set out in this chapter.

(Code 1973, ch. 29, § 9-509; Ord. No. 77-035, 5-17-1977)