1. - Planned development.
1.
Districts. Planned developments as defined herein on land containing not less than ten acres in area may be constructed in each zoning district within the village and may contain a mixture of two or more such districts or classifications within districts.
2.
Procedure for approval of planned development.
a.
Prior to filing an application for the approval of a planned development, the developer shall meet informally with the board of zoning appeals and the president and board of trustees to outline his proposed project and shall submit to the board of zoning appeals and the president and board of trustees preliminary information, including a rough sketch or plan of such development and a tentative construction schedule. The purpose of this conference is to afford the developer an opportunity to avail himself of the advice and assistance of the board of zoning appeals and the president and board of trustees before incurring the expense of preparing his formal development plan.
b.
After this preliminary conference, the developer may file with the board of zoning appeals his formal application and development plan containing the information and documents required in subparagraph three herein. A copy of said formal application and development plan shall be submitted to the president and board of trustees. Thereafter, the board of zoning appeals shall hold a public hearing in the same manner as is prescribed for an application to amend the zoning ordinance.
c.
A written report, findings and recommendations of the board of zoning appeals shall be filed with the village president and board of trustees, who, without further hearing, may approve, approve conditionally or disapprove the application for the planned development.
d.
In order to grant approval of the planned development, the president and board of trustees must find that it will not be detrimental to, or endanger, the public health, safety, comfort, morals, convenience or general welfare; that it is necessary for the public convenience at its location; that the development will not diminish property values in the neighborhood, nor impede the development of the surrounding properties; and that provision has been made for utilities, open and recreational areas, drainage and roads designed so as to minimize the impact upon the neighborhood and traffic congestion in the public streets.
3.
Development plan requirements. The development plan submitted to the board of zoning appeals after the preliminary conference shall include, as a minimum, such of the following items as may be required by the board of zoning appeals or the president and board of trustees:
a.
A topographic map to show the existing topography at two-foot contour intervals.
b.
A boundary line map of the project, locating its relationship to surrounding properties.
c.
Pattern of public and private roads, driveways, parking facilities, and intended design standards.
d.
Size, area and location of lots or of proposed building groups.
e.
All soil borings in sufficient number to determine the suitability of the land for development purposes.
f.
Location, type and size of landscaping.
g.
Use, type, size and location of fences and other structures.
h.
Location of sewer and water facilities, and stormwater detention facilities.
i.
Architectural drawings and sketches illustrating the design and character of proposed structures.
j.
Location of recreational and open space area.
k.
Existing and proposed storm drainage pattern.
l.
Evidence that the surface drainage requirements for stormwater retention of the Metropolitan Sanitary District of Greater Chicago shall be shown and complied with.
m.
Statistical data pertinent to a comprehensive evaluation of the proposed development.
n.
Organizational details of any residential property owners association, including a draft of any proposed protective covenants whereby the owner proposes to regulate land use and open space and otherwise protect the proposed development and the municipality.
o.
A certified statement of present ownership of all land within the development, including present tract designation according to the records of the recorder of deeds, Cook County. The statement shall include the identity, by name and address, or each beneficiary of a land trust which includes the subject property, together with a definition of such interest.
p.
A survey, certified to by a registered land surveyor, containing a full legal description on the development area or of the several lots, parcels or tracts that comprise the development area.
q.
A schedule of proposed stages of construction of all improvements (utilities as well as buildings), indicating order or priority of construction.
4.
Use exceptions. The board of zoning appeals may recommend and the president and board of trustees may authorize that there be in parts of the area of such development, specified uses not permitted by the use regulations of the district in which said development is located, where it is determined that:
a.
The uses permitted by such exception are necessary or desirable and are appropriate with respect to the primary purpose of the development; and
b.
The uses permitted by such exception are not of such a nature or so located as to be likely to constitute a detrimental influence on the surrounding neighborhood.
5.
Area, setback, height and accessory use exceptions. Open space or yard areas on the periphery of the planned development shall be required, to the satisfaction of the president and board of trustees upon the recommendations of the board of zoning appeals. The board of zoning appeals may recommend and/or the president and board of trustees may authorize exceptions to the applicable lot areas, building heights, building area and floor area ratio, yard or frontage regulations and requirements pertaining to signs, fences, parking and loading areas and other accessory uses of the zoning ordinance within the boundaries of such development or any phase thereof, when determined to be necessary for the proper harmonious development of the site in question and the surrounding neighborhood.
6.
Designation of permanent common open space.
a.
Definition. Permanent common open space may include parks, playgrounds, parkway medians, landscaped green space, lakes, ponds, streams, stormwater retention or detention basins, school sites, community center sites, or other similar areas in public or private ownership.
b.
Designation. No plan for a planned development shall be approved unless such plan provides for permanent open space of such size, kind and location as determined by the president and board of trustees to be reasonably appropriate.
7.
[Dedication of streets, sewers and water service.] All streets, sewers and water service shall be dedicated to the village and shall meet the village requirements for construction, unless any of such requirements are waived by the president and board of trustees and unless such dedication is waived by the president and board of trustees.
8.
Implementation of planned development; ordinance. When a planned development is recommended for approval by the board of zoning appeals and thereafter is approved by the president and board of trustees, the plan shall be incorporated in an ordinance passed by the president and board of trustees. When a planned development is approved by the board of trustees by passage of said ordinance, the developer shall enter into a contract with the village to guarantee the implementation of the development according to the terms of the conditions established as part of the development plan. The contract shall include, but not be limited to, provisions covering the following aspects of the planned development:
(1)
Use standards and design of the project in conformance with submitted documents;
(2)
The timing and phasing of the project;
(3)
The method of guaranteeing the preservation of open space;
(4)
The method and procedure for payment of annexation, utility and other village fees;
(5)
Bond requirements, if any; and
(6)
Conditions under which the contract may be terminated in the event of nonperformance.
Any subsequent change or addition to an approved plan shall first be submitted for review by the board of zoning appeals. If in the board of zoning appeals' opinion such change or addition is not substantial, the board of zoning appeals shall make and forward its recommendation to the president and board of trustees, and the president and board of trustees shall thereafter approve, approve conditionally or disapprove the proposed changes or additions. If such change or addition is construed by the board of zoning appeals to be substantial, the board of zoning appeals shall hold a public hearing prior to making its recommendation to the president and board of trustees. The president and board of trustees shall thereafter approve, approve conditionally or disapprove the proposed changes or additions. Failure to comply with the conditions and regulations as herein established and as specifically made applicable to a special project development shall be cause for termination of the approval for said project. At least 15 days' notice shall be given to the developer to appear before the board of zoning appeals and answer any such charge of noncompliance. If the board of zoning appeals finds the charges substantiated, the board of zoning appeals may recommend such termination of the project approval by the president and board of trustees if the situation is not satisfactorily adjusted within a specified period.
(Ord. No. 80-O-009, § 1.C, 8-23-1980)
1. - Planned development.
1.
Districts. Planned developments as defined herein on land containing not less than ten acres in area may be constructed in each zoning district within the village and may contain a mixture of two or more such districts or classifications within districts.
2.
Procedure for approval of planned development.
a.
Prior to filing an application for the approval of a planned development, the developer shall meet informally with the board of zoning appeals and the president and board of trustees to outline his proposed project and shall submit to the board of zoning appeals and the president and board of trustees preliminary information, including a rough sketch or plan of such development and a tentative construction schedule. The purpose of this conference is to afford the developer an opportunity to avail himself of the advice and assistance of the board of zoning appeals and the president and board of trustees before incurring the expense of preparing his formal development plan.
b.
After this preliminary conference, the developer may file with the board of zoning appeals his formal application and development plan containing the information and documents required in subparagraph three herein. A copy of said formal application and development plan shall be submitted to the president and board of trustees. Thereafter, the board of zoning appeals shall hold a public hearing in the same manner as is prescribed for an application to amend the zoning ordinance.
c.
A written report, findings and recommendations of the board of zoning appeals shall be filed with the village president and board of trustees, who, without further hearing, may approve, approve conditionally or disapprove the application for the planned development.
d.
In order to grant approval of the planned development, the president and board of trustees must find that it will not be detrimental to, or endanger, the public health, safety, comfort, morals, convenience or general welfare; that it is necessary for the public convenience at its location; that the development will not diminish property values in the neighborhood, nor impede the development of the surrounding properties; and that provision has been made for utilities, open and recreational areas, drainage and roads designed so as to minimize the impact upon the neighborhood and traffic congestion in the public streets.
3.
Development plan requirements. The development plan submitted to the board of zoning appeals after the preliminary conference shall include, as a minimum, such of the following items as may be required by the board of zoning appeals or the president and board of trustees:
a.
A topographic map to show the existing topography at two-foot contour intervals.
b.
A boundary line map of the project, locating its relationship to surrounding properties.
c.
Pattern of public and private roads, driveways, parking facilities, and intended design standards.
d.
Size, area and location of lots or of proposed building groups.
e.
All soil borings in sufficient number to determine the suitability of the land for development purposes.
f.
Location, type and size of landscaping.
g.
Use, type, size and location of fences and other structures.
h.
Location of sewer and water facilities, and stormwater detention facilities.
i.
Architectural drawings and sketches illustrating the design and character of proposed structures.
j.
Location of recreational and open space area.
k.
Existing and proposed storm drainage pattern.
l.
Evidence that the surface drainage requirements for stormwater retention of the Metropolitan Sanitary District of Greater Chicago shall be shown and complied with.
m.
Statistical data pertinent to a comprehensive evaluation of the proposed development.
n.
Organizational details of any residential property owners association, including a draft of any proposed protective covenants whereby the owner proposes to regulate land use and open space and otherwise protect the proposed development and the municipality.
o.
A certified statement of present ownership of all land within the development, including present tract designation according to the records of the recorder of deeds, Cook County. The statement shall include the identity, by name and address, or each beneficiary of a land trust which includes the subject property, together with a definition of such interest.
p.
A survey, certified to by a registered land surveyor, containing a full legal description on the development area or of the several lots, parcels or tracts that comprise the development area.
q.
A schedule of proposed stages of construction of all improvements (utilities as well as buildings), indicating order or priority of construction.
4.
Use exceptions. The board of zoning appeals may recommend and the president and board of trustees may authorize that there be in parts of the area of such development, specified uses not permitted by the use regulations of the district in which said development is located, where it is determined that:
a.
The uses permitted by such exception are necessary or desirable and are appropriate with respect to the primary purpose of the development; and
b.
The uses permitted by such exception are not of such a nature or so located as to be likely to constitute a detrimental influence on the surrounding neighborhood.
5.
Area, setback, height and accessory use exceptions. Open space or yard areas on the periphery of the planned development shall be required, to the satisfaction of the president and board of trustees upon the recommendations of the board of zoning appeals. The board of zoning appeals may recommend and/or the president and board of trustees may authorize exceptions to the applicable lot areas, building heights, building area and floor area ratio, yard or frontage regulations and requirements pertaining to signs, fences, parking and loading areas and other accessory uses of the zoning ordinance within the boundaries of such development or any phase thereof, when determined to be necessary for the proper harmonious development of the site in question and the surrounding neighborhood.
6.
Designation of permanent common open space.
a.
Definition. Permanent common open space may include parks, playgrounds, parkway medians, landscaped green space, lakes, ponds, streams, stormwater retention or detention basins, school sites, community center sites, or other similar areas in public or private ownership.
b.
Designation. No plan for a planned development shall be approved unless such plan provides for permanent open space of such size, kind and location as determined by the president and board of trustees to be reasonably appropriate.
7.
[Dedication of streets, sewers and water service.] All streets, sewers and water service shall be dedicated to the village and shall meet the village requirements for construction, unless any of such requirements are waived by the president and board of trustees and unless such dedication is waived by the president and board of trustees.
8.
Implementation of planned development; ordinance. When a planned development is recommended for approval by the board of zoning appeals and thereafter is approved by the president and board of trustees, the plan shall be incorporated in an ordinance passed by the president and board of trustees. When a planned development is approved by the board of trustees by passage of said ordinance, the developer shall enter into a contract with the village to guarantee the implementation of the development according to the terms of the conditions established as part of the development plan. The contract shall include, but not be limited to, provisions covering the following aspects of the planned development:
(1)
Use standards and design of the project in conformance with submitted documents;
(2)
The timing and phasing of the project;
(3)
The method of guaranteeing the preservation of open space;
(4)
The method and procedure for payment of annexation, utility and other village fees;
(5)
Bond requirements, if any; and
(6)
Conditions under which the contract may be terminated in the event of nonperformance.
Any subsequent change or addition to an approved plan shall first be submitted for review by the board of zoning appeals. If in the board of zoning appeals' opinion such change or addition is not substantial, the board of zoning appeals shall make and forward its recommendation to the president and board of trustees, and the president and board of trustees shall thereafter approve, approve conditionally or disapprove the proposed changes or additions. If such change or addition is construed by the board of zoning appeals to be substantial, the board of zoning appeals shall hold a public hearing prior to making its recommendation to the president and board of trustees. The president and board of trustees shall thereafter approve, approve conditionally or disapprove the proposed changes or additions. Failure to comply with the conditions and regulations as herein established and as specifically made applicable to a special project development shall be cause for termination of the approval for said project. At least 15 days' notice shall be given to the developer to appear before the board of zoning appeals and answer any such charge of noncompliance. If the board of zoning appeals finds the charges substantiated, the board of zoning appeals may recommend such termination of the project approval by the president and board of trustees if the situation is not satisfactorily adjusted within a specified period.
(Ord. No. 80-O-009, § 1.C, 8-23-1980)