(a)

The purpose of this article is to establish procedures for review and approval or denial of proposed planned unit developments (PUD).

(b)

The village board may, with the consent of all owners of the subject property, establish planned development districts, with regulations in each, which, in addition to those provided in the established base, or underlying district, will, over a period of time, tend to promote the maximum benefit from coordinated area site planning, diversified location of structures and mixed compatible uses. A planned development district, referred to herein as a planned unit development (PUD) district, shall provide for a safe and efficient system for pedestrian and vehicular traffic, attractive recreation and landscaped open spaces, economic design and location of public and private utilities and community facilities and ensure adequate standards of construction and planning.

(Ord. of 4-3-2006, § 17.208)

(a)

The planned unit development (PUD) district is an overlay district intended to encourage more efficient use of land, promote infill development and redevelopment and, under certain conditions, allow for a more flexible means of development and redevelopment than is otherwise permitted under base development zoning districts. Often PUDs enable development of portions of a site either at higher densities, provided overall densities do not exceed base zoning, or with less restrictive lot requirements in exchange for preserving other areas of the site in open space or providing enhanced site amenities, beyond the minimum required under conventional zoning. PUDs can provide flexibility in architectural design, clustering and placement of buildings, encourage the conservation of environmental features, provide for efficient use of municipal services and improvements, encourage energy-efficient development, promote aesthetic nonresidential and residential development in character with the village, and accommodate mixed use developments.

(b)

Projects involving jointly owned common spaces and/or commonly owned structural elements such as walls or roofs must be approved as PUDs if the lot requirements of the base district cannot otherwise be met. Unless approved as part of PUD, not more than one principle building (detached) shall be permitted on a lot of record.

(Ord. of 4-3-2006, § 17.208)

The PUD procedure and application is outlined below:

(1)

Preapplication conference. Prior to submitting PUD plans for review, the applicant shall meet with village staff to discuss the proposal and the applicable review and approval procedures. The applicant should bring a general concept plan of the proposed development and, after meeting with staff, may choose to present the concept plan to the plan commission for discussion purposes only at a regularly scheduled meeting.

(2)

PUD preliminary development plan and PUD zoning application. After the pre-application conference and optional concept plan discussion with the plan commission, the applicant shall submit the required application, fee, statement of intent (as provided in section 50-282), and PUD preliminary development plans for staff review. The preliminary development plan shall include the site boundary, proposed land uses, proposed densities, parcel sizes, buildings, green areas, parking, site layout, vehicular and pedestrian circulation network, general landscaping, general grading and drainage, setbacks, maximum heights, maximum building coverage, development phasing, surrounding land uses, availability of utilities, general architectural styles and draft covenants if applicable. The PUD preliminary development plan shall also include existing site features including approximate location and size of existing mature trees, watercourses, vegetative cover and other natural site features.

(Ord. of 4-3-2006, § 17.208)

The village requires a statement of intent to be submitted at the time of PUD application by the developer. This statement shall briefly indicate why the developer believes the proposed PUD is a better solution for the particular site and more of a benefit as compared to what would be allowed under conventional zoning. The statement shall include details of how the proposed plan specifically differs from what is allowed or would be required under conventional zoning.

(Ord. of 4-3-2006, § 17.208)

All zoning standards apply to all PUDs unless expressly exempted by this section or otherwise modified as part of the PUD process.

(Ord. of 4-3-2006, § 17.208)

The fee for a planned unit development shall be as established in appendix A to this Code.

The zoning administrator shall review the PUD preliminary development plan for compliance with this division and the PUD review criteria listed in section 50-319 and other applicable development standards and forward a report to the plan commission and applicant.

(Ord. of 4-3-2006, § 17.208)

Separate class 2 newspaper notices of the plan commission public hearings shall be provided in accordance with this chapter, one for the PUD preliminary development plan and one for the PUD zoning map amendment. Also, written notice of the proposed PUD shall be provided to the clerk of any municipality within 1,000 feet of the subject property at least ten days prior to the hearing, although failure to give such notice shall not invalidate plan commission or village board review and action.

(Ord. of 4-3-2006, § 17.208)

The plan commission shall hold a public hearing on the PUD preliminary development plan. After the public hearing, the plan commission shall recommend approval, approval with conditions or denial of the PUD preliminary development plan and forward the recommendation to the village board. After receiving the recommendation from the plan commission, the village board shall approve, approve with conditions, or deny the PUD preliminary development plan.

(Ord. of 4-3-2006, § 17.208)

The plan commission shall then hold a public hearing on the proposed PUD rezoning per the zoning map amendment procedures of this chapter. After the public hearing, the plan commission shall recommend approval, approval with conditions or denial of the PUD rezoning and forward the recommendation to the village board. After receiving the recommendation on the rezoning from the plan commission, the village board shall approve, approve with conditions or deny the PUD rezoning.

(Ord. of 4-3-2006, § 17.208)

Applications for PUD general development plans may be approved if all of the following criteria are met:

(1)

The proposed plan is considered by the village to be an improvement over what could have been accomplished through the strict application of otherwise applicable zoning standards.

(2)

The PUD preliminary development plan complies with the PUD district standards of this division.

(3)

The village and other service providers will be able to provide necessary public services, facilities and programs to serve the proposed development at, and after, the time of development.

(4)

The PUD preliminary development plan is consistent with and implements the planning goals and objectives of the comprehensive plan and other village policies.

(5)

The PUD preliminary development plan is not simply an attempt to relax development standards.

(6)

The PUD preliminary development plan promotes sound planning and urban design principles, and promotes the public interest and general welfare of the community.

(Ord. of 4-3-2006, § 17.208)

If approved, the PUD preliminary development plan serves as the accepted general plan for the proposed site subject to any conditions imposed by the village board, and the approved PUD overlay zoning is attached to the subject property. This approval serves as the basis for approval of the PUD final development plan described in section 50-321. Any significant changes to the approved or conditionally approved PUD preliminary development plan shall require a second review under the procedures of this division, including plan commission review, village board action and required public hearings for the development plan and rezoning.

(Ord. of 4-3-2006, § 17.208)

An approved PUD preliminary development plan shall lapse and be of no further force and effect if a PUD final development plan or phase thereof has not been approved within two years of the date of approval of the PUD preliminary development plan. In the event of such lapse, no development shall be allowed in the PUD zoning district other than development that complies with the R-1 district. In the event of lapse of approval pursuant to this division, the plan commission shall initiate action to remove the land from the PUD zoning district and may initiate action to rezone the property to its former base zoning district or any other appropriate classification.

(Ord. of 4-3-2006, § 17.208)

After approval of the PUD preliminary development plan and within two years of approval, an application for PUD final development plan shall be submitted to the zoning administrator along with the fee that applies to site plan review. The PUD final development plan shall include all information required as part of site plan review procedures. The PUD final development plan may include the entire area included in the PUD preliminary development plan or it may be a phase of the overall plan provided the phase chosen can be served by municipal services.

(Ord. of 4-3-2006, § 17.208)

The zoning administrator shall review the PUD final development plan for compliance with this section and with the PUD preliminary development plan, based on the criteria listed in this division, and then forward a report to the plan commission and applicant.

(Ord. of 4-3-2006, § 17.208)

The PUD final development plan shall not:

(1)

Increase project density in dwelling units per acre or land use intensity in the amount of nonresidential floor area per acre;

(2)

Change the scope of the project in terms of type of land use mix, quantity, location and layout of both residential and nonresidential uses;

(3)

Reduce the amount of open space or landscaping;

(4)

Significantly increase the amount of impervious surface;

(5)

Propose to decrease the amount of site amenities including architectural detail;

(6)

Include significant changes in vehicular or pedestrian circulation; or

(7)

Include any other changes deemed significant by the zoning administrator so as to require that the PUD final development plan be modified or that a revised PUD preliminary development plan be submitted per the requirements of this section.

(Ord. of 4-3-2006, § 17.208)

A class 2 newspaper notice of public hearing shall be provided in accordance with this chapter for the PUD final development plan. Also, written notice of the hearing upon the proposed final PUD development plan shall be provided to the clerk of any municipality within 1,000 feet of the subject property at least ten days prior to the hearing, although failure to give such notice shall not invalidate plan commission or village board review and action.

(Ord. of 4-3-2006, § 17.208)

The plan commission shall hold a public hearing on the PUD final development plan. After the public hearing, the plan commission shall recommend approval, approval with conditions or denial of the PUD final development plan and forward the recommendation to the village board. After receiving the recommendation from the plan commission, the village board shall approve, approve with conditions, or deny the PUD final development plan.

(Ord. of 4-3-2006, § 17.208)

Approval of the PUD final development plan shall allow the applicant to be issued building permits to develop the site as indicated on the PUD final development plan provided all other applicable permits are obtained. All property subject to the approved PUD final development plan shall be developed per the approved plan within five years of the date of approval, unless the applicant requests and is granted, by simple majority, an extension by the village board. The right to develop in accordance with an approved PUD final development plan shall lapse and be of no further effect if all development shown on the PUD final development plan is not completed within five years or within the extension period if an extension has been granted. In the event of such lapse, no development shall be allowed in the PUD zoning district other than development that complies with the R-1 district. In the event of lapse of approval pursuant to this division, the plan commission shall initiate action to remove the land from the PUD zoning district and may initiate action to rezone the property to its former base zoning district or any other appropriate classification.

(Ord. of 4-3-2006, § 17.208)