The purpose of this chapter is to provide permissive, voluntary and alternative zoning procedures for the single-family and multi-family residential districts. A planned unit development enables a tract of land under single ownership or unified control to be developed at various densities, one type or many types of uses; provided, that total development density is not greater than the maximum dwelling unit density of the particular residential district. This can provide for more efficient use of open space, amenities, tree cover, recreation areas and scenic vistas. (Ord. 1991-2, 9-9-1991)

A.

Reduction of Lot Size: Under this chapter, lots may be reduced in area below the minimum lot size required by the residential district in which the development is located; provided, that the average lot size of the total lots plus the total common area created in the development is not below the minimum lot size required by the applicable district.

B.

Land Used by Public Utilities: The land utilized by public utilities (such as easements) for major facilities (such as electrical transmission lines, sewer lines and water mains), where such land is not available to the owner for development because of such elements, shall not be considered as part of the gross acreage in computing the maximum number of lots that may be created under the procedure hereinafter described.

C.

Computation of Number of Lots: The maximum number of lots that may be approved shall be computed by subtracting from the total gross acreage available for subdivision under this planned unit development procedure, a fixed portion of the total for street right of way purposes and by dividing the remaining area by the minimum lot area requirements of the existing residential district or districts in which the development is to be located. (Ord. 1980-3, 8-11-1980, eff. 9-5-1980)

The owner or owners of any tract of land in any district zoned R-1, R-2, R-3 or R-4 may submit to the zoning administrator an application per the requirements of section 9-7-4 of this chapter for the use and development of all of such tracts of land for multiple use purposes as specified hereinafter. (Ord. 1991-2, 9-9-1991)

The purpose of this section is to provide permissive, voluntary and alternative zoning procedures in the C-1 limited retail business district and C-2 general commercial district, in order to permit flexibility in uses and design beyond that permitted in the particular districts, under conditions of approved site, architecture and development plans. The owner or owners of any tract of land in any district zoned for commercial purposes may submit to the zoning administrator a plan for the use and development of all such tracts of land for any use or combination of uses permitted in the C districts. (Ord. 1991-2, 9-9-1991)

All planned developments shall be processed and reviewed in the following steps leading to approval for recording and construction: preapplication conference, concept plan, preliminary development plan, and final development plan. Prior to beginning the planned development review process, the applicant is encouraged to obtain from the town a copy of the town zoning ordinance and land subdivision regulations, and application forms. Applications shall be made on forms supplied by the town and shall be made in accordance with the provisions of this title, except as specifically provided herein to the contrary.

A.

Preapplication Conference: Before submitting an application for planned development, the applicant shall confer with the town staff to informally discuss the proposed planned development to obtain information and guidance before entering into binding commitments or incurring substantial expense.

B.

Concept Plan: In order to discuss the general purpose of the proposed planned development in the context of established planning policies and practices of the town and to ensure that required data is properly prepared and presented before expending the time and money in preparation and review of a preliminary development plan, any person desiring to develop a planned development subject to this chapter before filing a special use permit or rezoning application, shall file a concept plan of the planned development with the zoning administrator.

1.

Submission for Review: An applicant shall submit a concept plan in accordance with the provisions of this title to the town for tentative review and approval prior to incurring the expenses associated with formal development plan submission in order to discover whether the town will accept, or under what circumstances the town will accept, a planned development of the type proposed at the site.

2.

Notification for Adjacent Property: The zoning administrator shall notify, by regular U.S. mail, adjacent property owners and affected highway, school, fire protection, park, library and drainage districts of receipt of the concept plan and give notice of the time, date and location of the planning commission meeting at which the concept plan will be discussed.

3.

Written Report: The planning commission shall review the concept plan and shall prepare a written report containing its recommendations to the town board and the applicant after it has received sufficient information make its recommendation.

4.

Board Decision: The town board shall by resolution, accept, reject or modify the planning commission recommendation within thirty (30) days following the date of action by the planning commission.

5.

Effect of Town Board Action: Support of the concept plan by the town board shall not obligate the town to approve the subsequent preliminary development plan, but shall be considered permission to prepare the preliminary plat with detailed plans and specifications for the proposed subdivision.

6.

Expiration: The approval of the concept plan shall be effective for no more than one year from the date of approval unless, upon written request by the applicant, the town board grants an extension of time for an additional one year.

7.

Town Record: A certified copy of the resolution supporting or failing to support the concept plan shall be filed in the office of the town clerk and shall be attached to said concept plan.

8.

Contents of The Concept Plan: Any person proposing a planned development for any parcel of land shall file with the zoning administrator a concept plan in a quantity and form as required by the zoning administrator. The concept plan shall include the following:

a.

General Information:

(1)

Name of the proposed subdivision.

(2)

A location map showing its location in the town of Cortland.

(3)

Acreage and zoning classification of the proposed subdivision and the number of lots.

(4)

The names and addresses of adjoining property owners, and the zoning classifications of adjacent property.

(5)

Name, address and telephone number of the owner, subdivider, engineer, and any other contact person.

(6)

A north arrow and scale, recommended scale is one inch equal to one hundred feet (1" = 100').

b.

Existing Conditions: The following conditions, if found to exist on the parcel and on all adjacent land within one hundred feet (100') of the boundaries of the subject property, shall be shown on an existing conditions exhibit which shall be a separate drawing from the concept plan:

(1)

The location, width and names of all streets within or adjacent to the parcel together with easements, public utility and railroad rights of way, and other important features such as adjacent lot lines, municipal boundary lines, section lines, corners and monuments.

(2)

Present uses of the subject property including the location of all existing structures, showing those that will be removed and those that will remain on the subject property after the development is complete.

(3)

Topographic data, including contour lines at vertical intervals of not more than two feet (2').

(4)

The location and direction of all seeps, springs, flowings and wells; lakes, ponds, wetlands and any detention basins showing their normal shorelines, flood limits and lines of inflow and outflow, if any; and, watercourses and the location of all areas subject to flooding, including the flow lines of streams and channels showing their normal shorelines and the 100-year floodplain and floodway limits certified by either the Illinois state water survey, the Illinois department of transportation, the army corps of engineers, or by the national flood insurance program maps.

(5)

Natural features such as rock outcroppings, wooded areas, and trees greater than six inches (6") in diameter as measured at breast height.

(6)

The location and size of existing sanitary and storm sewers, water mains, culverts, drain pipes, catch basins, manholes, hydrants within the parcel and in adjacent streets or rights of way, and fire flow information from the proposed source.

(7)

The location on and within one hundred feet (100') of the subject property of all property lines, easements of record; the uses, zoning and ownership of all parcels; railroads, bridges, culverts, storm sewers, sanitary sewers, water main, detention/retention facilities, also indicating surface and invert grade elevations of catch basins, manholes, culverts and fire hydrants; existing buildings and their use(s) and their future disposition; buried structures; and location of significant natural features and areas of likely archaeological significance or habitat for endangered flora and fauna species.

(8)

The location and elevation of any floodplain as shown on the federal emergency management administration's flood boundary and floodway maps.

(9)

The approximate location of all existing land uses, structures, facilities and wooded areas on the subject property proposed to be retained or demolished on and within one hundred feet (100') of the property.

c.

Proposed Development and Improvements:

(1)

Arrangement of proposed lots, parks, and common areas.

(2)

Proposed location and width of street right-of-way, street pavement, alleys, pedestrian and bicycle circulations, and their relationship to the existing adjacent circulation system.

(3)

Proposed location and size of sanitary sewers, storm sewers, water mains, detention areas and their relationship to existing public utilities.

It is advisable that the subdivider contact other agencies, as appropriate, to obtain their requirements that may affect the proposed subdivision. Such agencies include the Illinois department of transportation c/o district engineer; DeKalb County highway department; water resource division (DNR); state of Illinois environmental protection agency; state of Illinois historic preservation agency; state of Illinois department of natural resources; and local public utility companies.

The concept plan shall contain such information as suggested by the zoning administrator in order to delineate, explain or convey the concept of the proposed subdivision. (Ord. 2006-50, 7-24-2006)

C.

Land Use Plan: Drawn upon a topographical map, the proposed name and location of the site detailing the street widths, names and rights of way, general locations of all buildings and/or structures, all open space dedicated or reserved for recreational areas or storm water detention, and additional information including covenants necessary to show the proposed PUD elements.

D.

Utility Plan: Drawn upon a topographical map, the approximate location and dimensions of all sanitary and storm water sewers, water lines including wells, pumps and fire hydrants, drainage ditches where required, street sign and streetlamp locations, and all required utility easements including gas, telephone and electric. (Ord. 1991-2, 9-9-1991)

The development plan shall not be approved except under the following conditions:

A.

Assurance shall be required from the developer that the project will be used for the specified purposes, and the planning commission shall require a trust indenture restricting the area to such uses.

B.

All residential planned unit developments shall make provision by trust indenture for common land, and commercial planned unit developments may make provision for common land, and a trust indenture shall be required.

C.

An acceptable site plan shall be presented, showing the area to be developed for buildings; the location, size and number of buildings; the areas and/or structures to be developed for common use; the areas and/or structures to be developed for parking; the location of pedestrian and vehicular circulation and the point of ingress and egress, including access streets where required; the provisions of spaces for loading; and adjustments to be made in relation to abutting land uses and zoning districts.

D.

At least three hundred (300) square feet of area per residential family unit shall be set aside and maintained for recreation area, under the common ownership of the owners of the area covered by the development plan.

E.

A statement of financial responsibility shall be filed with the zoning administrator to ensure construction of the planned unit development, including landscaping, in accordance with the plans and requirements of this chapter.

(Note: Final plan acceptance shall be contingent upon meeting all financial requirements outlined in the subdivision ordinance.)

F.

Applications for approval of planned unit developments designed in accordance with the provisions of this chapter shall be accompanied by all of the necessary legal documentation relating to the conveyance of common areas as provided for in subsection 9-7-6.D of this chapter.

G.

Reasonable additional requirements as to landscaping, lighting, screening, accessway and building setbacks may be imposed by the planning commission for the protection of adjacent residential property. (Ord. 1991-2, 9-9-1991)

H.

The procedure for plan review shall be:

1.

Preapplication conference with town staff.

2.

Submittal of application and concept plan.

3.

Review of concept plan by planning commission.

4.

Consideration of planning commission recommendation by town board.

5.

Submittal of application and preliminary plan.

6.

Review of plan with applicant and further reviews by town engineer and zoning administrator as required.

7.

Application for special use permit per requirements of chapter 9 of this title including submittal of fee and public hearing.

8.

Final plan submittal, with recommendations from planning commission, to town board for review and approval. (Ord. 2006-50, 7-24-2006)

A.

Definition: "Common land" is that land within a planned unit development that is held in common ownership by all of the property owners and is obtained by allowing the developer to create larger recreational areas for the property owners of the development than could be obtained otherwise.

B.

Accessibility: Common land shall be located so that it is reasonably accessible to all lots contributing to its area.

C.

Structures: The coverage of any tract of common land by buildings or structures shall not exceed an aggregate of ten percent (10%) of the area of the common land.

D.

Conveyance: All open space, tree cover, recreational area, scenic vistas or other authorized land use, the acreage of which is utilized to determine the common land as herein provided, shall be conveyed by the developer in fee simple absolute title by a warranty deed to trustees approved by the majority of property owners. The trustees shall make provision by trust indenture for the sole benefit, use and enjoyment of the lot owners, present and future, of each planned unit development procedure, whichever period of time is less. Thereafter, fee simple absolute title shall vest in the then owners as tenants in common. The rights of the tenants in common shall only be exercisable appurtenant to and in conjunction with their lot ownership. Any conveyance or change of ownership of any lot shall convey with it ownership in the common property. No lot owner has the right to convey his interest in the common property, except as an incident of the ownership of a regularly platted lot. The sale of any lot shall carry with it all the incidents of ownership of the common property, although such is not expressly mentioned in the deed; provided, however, that no right or power conferred upon the trustees shall be abrogated. Warranty deeds and trust indentures complying with the aforementioned provisions shall have attached thereto a written legal opinion prepared and signed by an attorney licensed to practice law in the state of Illinois, setting forth the attorney's legal opinion as to the legal form and effect of the deed and trust indentures. The deeds and indentures shall be approved by the planning commission, approved by the town attorney as to legal form, and filed with the recorder of deeds of DeKalb County, simultaneously with the recording of the final subdivision plat. (Ord. 1980-3, 8-11-1980, eff. 9-5-1980; amd. Ord. 1991-2, 9-9-1991)

A.

Submission and Review; Improvements Required: Within one year following the acceptance of the preliminary plan, the applicant shall file with the zoning administrator for review and submittal to the planning commission a final development plan for the first stage of development. The final plan shall conform to the preliminary plan as approved, and must be submitted at least ten (10) working days prior to consideration by the planning commission. The final plan shall be accompanied by detailed construction plans of all improvements, and contain in final form all the information required for the preliminary plan. The planning commission shall review the final plan and submit to the town board its recommendation within sixty (60) days of receipt. The town board shall review the final plan and commission recommendation, and provide formal acceptance or formal rejection with a written statement of the reasons. Lots within the development may not be sold until all underground improvements within control of the applicant are complete and roads have been graded with aggregate in place and, as a minimum, a binder applied to aggregate. (Ord. 1991-2, 9-9-1991; amd. 1998 Code)

B.

Record of Plat; Fees: Within thirty (30) days of receipt of final plan approval from the governing body, the applicant shall record the approved final plat with the recorder of deeds of DeKalb County and pay the required filing fees. The applicant shall provide the town two (2) completed copies of the recorded plat which may be submitted to the town clerk. (Ord. 1991-2, 9-9-1991)