The purpose of the planned development is to provide a means of achieving innovative and creative design and flexibility of development which would not otherwise be permitted pursuant to this chapter. The end result shall fulfill the objectives of the comprehensive plan and other planning policies of the Village while departing from the strict application of the zoning and subdivision ordinances.

A planned development may be granted as a conditional use in any zoning district by the Village Council, should it determine that the planned development is in the best interest of the Village, and it complies with all the standards established in this chapter. The Planning and Zoning Commission and Village Council may require any reasonable conditions of approval or design considerations that will promote proper development or benefit to the community. The purposes of a planned development are to:

   A.   Afford greater choice in the types of development available to the public by allowing a development that would not be possible under the strict application of the other requirements of this title;

   B.   Allow for a more creative approach to the use of land and related physical facilities that result in better design development and the construction of aesthetic amenities;

   C.   Promote the cooperative development of office or business centers each with adequate off street parking, to control access points to the street system and to separate pedestrian and automobile traffic;

   D.   Aid in stabilizing property values and to develop centers of size and location compatible with the market potential, to buffer adjacent residential areas with landscaped transition areas and to encourage harmonious architecture between adjacent commercial structures and between dwellings and commercial structures;

   E.   Promote preservation of common open space and provide more usable and suitably located recreation areas and facilities;

   F.   Permit an efficient use of the land resulting in more economic networks of utilities, streets, schools, public grounds, buildings and other facilities;

   G.   Encourage the use of land which promotes the public health, safety, comfort, morals and welfare of the citizens of Forest Park; and

   H.   Be compatible with the character and objectives of the zoning district or districts within which it is located.

The burden of providing evidence and persuasion that any planned development permit is necessary and desirable shall in every case rest with the applicant. (Ord. O-44-02, 8-12-2002; amd. Ord. O-16-17, 6-12-2017; Ord. O-20-22, 5-9-2022)

   A.   General Standards: The following criteria will be used by the Planning and Zoning Commission and Village Council to evaluate the suitability of proposed planned developments under this chapter. However, it is not intended that each and every one of these guidelines be rigidly conformed to, provided that reasonable cause for any departure from these guidelines is demonstrated.

      1.   Except as modified by the planned development, proposed improvements shall comply with the regulations of the underlying zoning district(s) in which it is located.

      2.   The planned development should be consistent with the official planning policies and the comprehensive plan of the Village.

      3.   The planned development should be compatible with and not diminish the economic value of the surrounding residential, commercial and industrial areas.

      4.   Any unusual physical, topographical or historical features of the site of the planned development which are of importance to the people of the area or the community should be preserved.

      5.   The site of the planned development, at the time of application, shall be under single ownership and/or unified control.

      6.   The uses in the planned development must be of a type and so located as to exercise no undue detrimental influence upon surrounding properties.

      7.   The planned development shall not endanger public health, welfare or safety.

   B.   Permitted Uses In Planned Developments: The ordinance approving the preliminary planned development may provide for uses not allowed in the underlying zoning district, provided the following standards are met:

      1.   Proposed use exceptions enhance the quality of the planned development, and are compatible with uses otherwise allowed in the underlying zoning district(s).

      2.   Proposed use exceptions are not of a nature nor are they located so as to create a detrimental influence on surrounding property.

      3.   Proposed use exception shall not represent more than fifty percent (50%) of the site area nor more than fifty percent (50%) of the total floor area, whichever is less. However, a planned development in a residential zoning district shall not allow more than twenty five percent (25%) of the total site area of total floor area, whichever is less, to be devoted to use exceptions.

      4.   Industrial uses shall not be allowed in residential planned developments.

   C.   Minimum Planned Development Size: The minimum size for a planned development shall be one-half (1/2) acre. If a petitioner has hardship with the minimum size of the site due to certain unique characteristics such as, but not limited to, significant topographic change, significant trees or wooded areas, wetlands, floodplain areas, soil conditions, utility easements or unusual shape or proportions, a waiver may be sought before the Planning and Zoning Commission, as part of the preapplication meeting described in section 9-6-4 of this chapter. The Planning and Zoning Commission, at its discretion, or at the request of the petitioner, may seek Village Council concurrence on the waiver prior to submission of a preliminary plan.

   D.   Maximum Lot Coverage:

      1.   General Standards: The maximum lot coverage by uses permitted in residential districts shall be sixty percent (60%), except as permitted to be exceeded in accordance with subsection D2 of this section. Under a planned development, this provision will replace the maximum lot coverage provision in the residential district regulations.

The maximum gross site coverage by uses permitted all other districts shall be no more than eighty five percent (85%), except as permitted to be exceeded in accordance with subsection D2 of this section. Under the planned development, this provision will replace the maximum lot coverage provision in the commercial and industrial district regulations.

      2.   Bonus Area: The Planning and Zoning Commission may recommend and the village council may approve an increase in maximum lot coverage from sixty percent (60%) up to eighty five percent (85%) in residential districts and from eighty five percent (85%) to ninety percent (90%) in commercial and industrial districts. In order to qualify for this bonus, the development plan must demonstrate compliance with three (3) or more of the following performance criteria:

         a.   Provide storm drainage detention/retention facilities having a capacity significantly and appreciably, at least one hundred twenty five percent (125%), in excess of what is required.

         b.   Install storm drainage detention facilities underground.

         c.   Increase parking lot landscaping by twenty five percent (25%) more than otherwise required.

         d.   Design of principal access to the development tract at an approved location that allows for shared access by an adjacent property.

         e.   Increase of parking spaces by ten percent (10%) more than required under chapter 8 of this title.

         f.   Provide for mixed use development or include community facilities that further the goals, objectives and policies of the comprehensive plan. Use of highly innovative architectural, site planning and land use design is encouraged.

         g.   Any other performance criteria that further the goals, objectives and policies of the comprehensive plan and that, in the opinion of the Planning and Zoning Commission and Village Council, warrant the approval of development bonuses.

   E.   Density Standards:

      1.   General Standards:

         a.   Residential densities shall be determined in accordance with intensity of use limitations applicable to the district in which the proposed planned development is located. The computation of density shall be based on the number of dwelling units per net acre for residential districts for the entire site. "Net acreage" is defined as the area of the site less all unbuildable areas including, but not limited to, allocated to street rights-of-way, wetlands and permanent open space. In the case of private streets, the equivalent of public rights-of-way for these private streets shall be deducted from gross acreage. In the event that there is a question regarding the width and length of such equivalent rights-of-way, the Director of Public Health and Safety shall render a determination.

         b.   If the planned development should be within multiple zoning districts, density shall be calculated separately for the portions of the planned development district in each of the different residential districts.

      2.   Density Bonuses: The Planning and Zoning Commission may recommend and the Village Council may approve an increase of density under the following guidelines:

         a.   The petitioner shall demonstrate that the request for increased density will allow the project to overcome site or design constraints, or that the site, or portions of the site are uniquely located with minimal impact on surrounding properties.

         b.   That such bonus must be solely for the purpose of promoting an integrated site plan no less beneficial to the residents or occupants of such development, as well as the neighboring property, than would be obtained under the bulk regulations of this chapter for buildings developed on separate zoning lots.

         c.   Granting such a bonus will not result in a development which is substantially out of scale with existing surrounding development, or the petitioner has taken steps in the design of the project to mitigate scale or compatibility issues.

   F.   Building Height:

      1.   General Height Standards: Building height shall be the same as that required in the zoning district in which the planned development is proposed.

      2.   Building Height Exceptions: The Planning and Zoning Commission may recommend and the village council may authorize a building height exception not to exceed twenty five percent (25%), under the following guidelines:

         a.   The petitioner shall demonstrate that the request for increased building height will allow the project to overcome site or design constraints, or that the site, or portions of the site are uniquely located with minimal impact on surrounding properties.

         b.   Granting such a bonus will not result in a development which is substantially out of scale with existing surrounding development, or the petitioner has taken steps in the design of the project to mitigate scale or compatibility issues.

   G.   Setbacks:

      1.   General Setback Standards:

         a.   The setbacks along the periphery of the planned development shall be at least equal in depth to that of the adjacent zoning lot.

         b.   The lot setback shall be equal to those front, interior side and rear yard setbacks set forth in the residential district for which the planned development is proposed.

      2.   Setback Exceptions: The Village Council, acting upon the recommendation of the Planning and Zoning Commission, in reviewing a planned development may decrease required yards of the planned development from the minimum required standard.

         a.   The petitioner shall demonstrate that the request for decreased setbacks will allow the project to overcome site or design constraints, or that the site, or portions of the site are uniquely located with minimal impact on surrounding properties.

         b.   Granting such decreased setbacks will not result in a development which is substantially out of character or scale with existing surrounding development, or the petitioner has taken steps in the design of the project to mitigate reduced setbacks or compatibility issues.

   H.   Parking Requirements: Off street parking and loading facilities shall be provided in accordance with chapter 8 of this title.

   I.   Landscaping: Entryways and the perimeter within the development shall be landscaped. The scale and nature of landscaping materials shall be appropriate to the size of the structures. Large scale buildings, for example, should generally be complemented by larger scaled plants. Plant material shall be selected for its form, texture, color, pattern of growth and adaptability to local conditions. Innovative landscape designs are encouraged in planned developments and shall be considered a positive attribute in connection with any request for relief as part of the planned development.

      1.   Site Perimeter Landscaping: Shade trees shall be provided around the perimeter of the site at a rate of one tree for every thirty (30) linear feet. Trees need not be arranged on thirty foot (30') centers, but may be grouped or clustered depending on the function and use of the adjoining area. The approval of any such alternative groupings shall be subject to discretionary approval as part of the planned development.

      2.   Parking Lot Landscaping: For proposed off street parking areas the following landscape requirements are intended to screen parking areas from adjoining use areas and prevent the creation of large expanses of unlandscaped parking surfaces. The approval of any such alternative groupings of landscaping shall be subject to discretionary approval as part of the planned development. The requirements are established for two (2) areas, the parking lot interior and the parking lot perimeter.

         a.   Parking Lot Landscape Islands:

            (1)   Parking lot landscape islands are encouraged in parking lots greater than twenty (20) spaces in size.

            (2)   When provided, parking lot landscape islands shall be planted with one shade tree and shall be provided with suitable ground cover.

            (3)   No landscaping within the landscape islands may obstruct visibility for vehicles entering, maneuvering in or exiting the parking area.

         b.   Perimeter Parking Lot Landscaping:

            (1)   A perimeter parking lot landscape area shall be at least three feet (3') wide and extending the full length of the landscaped area.

            (2)   Landscaped areas outside of shrub masses shall be planted with grass or other ground cover.

         c.   Across From Or Adjoining Nonresidential Property: Where a parking lot is located across a dedicated public right-of-way from or adjoins property zoned for a nonresidential use, or designated for nonresidential use in the comprehensive plan, landscaping shall be provided across fifty percent (50%) of the street frontage to a minimum of three feet (3') in height. Such landscaping may consist of shrubbery decorative masonry walls or decorative fencing (excluding wood and chainlink).

         d.   Across From Residential Property: Where a parking lot is located across a dedicated public right-of-way from property zoned for a residential district, or designated for a residential use in the comprehensive plan, landscaping shall be provided across one hundred percent (100%) of the parking lot perimeter facing the public street (except for intersecting drives, signs and other obstructions to landscaping) to a minimum of three feet (3') in height. Such landscaping may consist of shrubbery decorative masonry walls or decorative fencing (excluding wood and chainlink).

   J.   Signage:

      1.   Signage shall be in compliance with the Forest Park sign ordinance unless the applicant for a planned development elects to submit a comprehensive sign plan in addition to the submission of the other required development plan documents. The Planning and Zoning Commission may recommend and the Village Council may approve a comprehensive sign plan and such plan shall be made part of the conditional use approval.

      2.   A request for approval for a comprehensive sign plan shall accompany the request for a planned development zoning classification and shall include, but is not limited to, the following:

         a.   A site plan, depicting the proposed plan of development and illustration of proposed sign locations;

         b.   Descriptions and drawings indicating size, quantities, materials and methods of illumination, if any; and

         c.   A narrative description of the common theme for signage within the development, how it relates to architectural and/or landscaping elements of the development, and how the comprehensive sign plan relates to each of the criteria set forth in this chapter.

      3.   Comprehensive sign plans approved under a conditional use of a planned development shall be evaluated upon the following criteria:

         a.   Quantity: The number of signs that may be approved within any development shall be no greater than that required to provide project identification and entry signs, internal circulation and directional information to destinations and development subareas and business identification. Factors to be considered shall include the size of the development, the number of development subareas, and the division or integration of sign functions.

         b.   Size: All signs shall be no larger than necessary for visibility and readability. Factors to be considered in determining appropriate size shall include topography, volume of traffic, speed of traffic, visibility range, proximity to adjacent uses, amount of sign copy, placement of display (location and height), lettering style and the presence of distractive influences. In no event shall a plan contain a sign which exceeds by more than fifty percent (50%) greater than that of any maximum area standard contained in the Forest Park sign ordinance, unless otherwise waived by the village council.

   K.   Subdivisions Of Land: It is the intent of this chapter, where a planned development involves any subdivision activity, that the subdivision review and approval procedure requirements contained in title 10 of this code be carried out simultaneously with the review of the planned development under this chapter.

   L.   Other Requirements: In order to fully determine the impact of the proposed planned development, the director of public health and safety may require additional information including the following:

      1.   Fiscal impact study comparing the projected tax revenue generated by the project and the added costs for services as they will affect local governmental jurisdictions.

      2.   School impact study indicating the number of new students generated by the project. This information will be used in the fiscal impact study above to determine the project's impact on the local school district.

      3.   Traffic impact study indicating the daily and peak traffic generation and the impact of this added traffic on existing local traffic patterns. This traffic study shall also evaluate the adequacy of the internal street system.

      4.   Market study to evaluate the economic feasibility of the proposed development, including market acceptance of the proposed development products, competitive alignment and market absorption. The market study shall be prepared by a qualified, independent market research firm.

      5.   Other technical studies deemed necessary to permit the Planning and Zoning Commission to adequately assess the impacts of the proposed project. (Ord. O-44-02, 8-12-2002; amd. Ord. O-24-05, 6-13-2005; Ord. O-16-17, 6-12-2017; Ord. O-20-22, 5-9-2022)

A planned development shall be granted as a conditional use in accordance with the provisions of this chapter. In the event that a conflict arises between the requirements of this chapter and the remainder of the zoning ordinance, the provisions of this chapter shall prevail.

   A.   Preapplication Meeting: Prior to submission of a petition for a planned development, the applicant shall schedule a preapplication meeting with the director of public health and safety. At the preapplication meeting, the applicant shall submit a sketch plan for review and comment by village staff. Village staff shall review and evaluate the sketch plan and shall report to the applicant at the meeting or as soon thereafter to the merit and feasibility of the planned development and its improvements indicated by the sketch plan. Staff shall also inform the applicant of the required standards, documentation submittals and procedures to follow should the applicant decide to submit a formal petition.

   B.   Preapplication Submittals: The information that should be included for the preapplication meeting shall be as follows:

      1.   A written letter of intent from the petitioner describing the intentions for developing the site.

      2.   Sketch plans describing proposed land use(s), dwelling type(s) and density.

      3.   Building outlines (footprints) of all structures except single-family detached dwellings proposed on subdivided lots.

      4.   Internal private circulation drives and parking areas.

      5.   Conceptual landscaping plan, open space/common areas and buffer areas between the proposed development and adjacent properties.

      6.   Identification of types and general quantities of proposed development.

   C.   Planning and Zoning Commission Work Session: Prior to formal application for a conditional use, the applicant may submit the sketch plan for review at a work session held with the Planning and Zoning Commission. This work session is not mandatory, but is highly encouraged. A meeting will be arranged by the director of public health and safety. (Ord. O-44-02, 8-12-2002; amd. Ord. O-24-05, 6-13-2005; Ord. O-20-22, 5-9-2022)

   A.   Purpose: The purpose of the preliminary plan submission is to obtain approval and commitment from the village that the developer's plan, design and program are acceptable and that the developer may proceed with the submission of a final plan.

The preliminary plan is mandatory. The applicant may elect to combine the preliminary and final plans if the requirements for both procedures are met. Application fees for both the preliminary and final plans shall apply.

   B.   Preliminary Planned Development Submittal Requirements: The preliminary planned development submittal shall include the following as applicable:

      1.   Petition Content:

         a.   Project Identification And Description:

            (1)   The owner, contract purchaser or others having an economic interest, for which a planned development conditional use is sought, must file an application with the director of public health and safety.

            (2)   Each application must include ten (10) copies of all full sized documents and drawings. For all graphic and plan drawings, a scale of not less than one inch equals one hundred feet (1" = 100') shall be used. In no event, shall individual sheets or drawings exceed thirty inches by forty two inches (30" x 42"). In addition, one set of reduced copies sized at eleven inches by seventeen inches (11" x 17") shall be submitted. All sets of drawings submitted must be folded. The submission may be composed of one or more sheets and shall include the following:

               (A)   Name, address and telephone number of the owner. If property ownership is in trust, the name and address of each person or entity owning an interest in the property, and the extent of such ownership interest unless any of such entities is a corporation or a partnership, in which case only those persons owning an interest in excess of ten percent (10%) in such corporation or partnership need be identified by name, address and extent of interest.

               (B)   Name, address and telephone number of the applicant including the name and address of each person or entity owning an interest in the property and the extent of such ownership interest unless any of such entities is a corporation or a partnership, in which case only those persons owning an interest in excess of ten percent (10%) in such corporation or partnership need be identified by name, address and extent of interest. For purposes of this section, the term "ownership interest" shall include any legal or equitable interest held at the time of the application in the real property which is the subject of the application. The application must include the signature of the owner(s).

               (C)   Graphic scale not smaller than one inch equals one hundred feet (1" = 100').

               (D)   North point, designated as true north.

               (E)   Date of preparation of original drawing and the date of any revisions.

               (F)   A nonrefundable fee in the amount of four hundred fifty dollars ($450.00).

            (3)   Every application must be accompanied by a fee in such an amount as established from time to time by the village council to defray the costs of contracting with independent professional to review applications as required. Such professional costs may include, but are not limited to, the cost of newspaper publication, planning, engineering, legal, traffic analyses, environmental impact or other similar studies. Additional services may be required during the review of a proposed planned development, if deemed necessary by the village administrator or village council.

         b.   Existing Conditions Documentation:

            (1)   A legal description of each parcel of property subject to the petition.

            (2)   A current plat of survey prepared by a land surveyor registered in the state of Illinois for all property subject to the petition.

            (3)   Existing zoning districts and current use of land on the site and on adjacent property within four hundred feet (400') of the subject site.

            (4)   All existing or previously platted streets on the site, indicating their location, width, sidewalks, curbs and gutters, culverts, centerline elevation and name.

            (5)   Other rights of way, including railroads and utility ROWs, showing existing improvements, if any.

            (6)   Existing permanent buildings and structures on the site.

            (7)   Utilities on the site indicating the location, size and invert elevations of storm and combined sewers; the size and location of sanitary sewers; the size and location of water mains; the location of fire hydrants; the direction and distance to the nearest usable water mains and sewers; and the location of private utilities such as gas, electric, and telephone lines and easements.

            (8)   A community location map showing the site boundary lines.

            (9)   Topographic data for the site consisting of existing contours at one foot (1') intervals.

            (10)   Hydrologic conditions including watercourses, floodplains and wetlands.

            (11)   Locations of or reference to existing monuments or survey markers used in preparation of survey and the grade elevation of each monument and marker.

            (12)   Other existing conditions data as may be required by the director of public health and safety, plan commission or the village council.

         c.   Project Design Features:

            (1)   Gross and net area of tract.

            (2)   Maximum number of dwelling units allowed under existing zoning and as recommended in the comprehensive plan.

            (3)   Total number of dwelling units proposed.

            (4)   Project density.

            (5)   Number of off street parking spaces required and proposed.

            (6)   The location and distance between buildings and structures.

            (7)   The proposed location and general use of common ground (if any), including recreational areas, plazas, pedestrianways and major landscape areas including buffer areas.

            (8)   Landscaping plan, containing the location, quantity, size and name, both botanical and common names, of all proposed planting materials.

            (9)   Quantification of site area by building coverage, parking, loading and driveways, and common retention/detention, floodplain and/or natural areas.

            (10)   The location and details of all retaining walls, fences and earth berms.

            (11)   The location of all refuse collection facilities including screening to be provided.

            (12)   Illustrative site cross sections (2 minimum) indicating edge conditions and internal grade changes in relation to principal variations of building elevations and site lines to adjacent properties' structures.

            (13)   Typical building elevations of sufficient scale and detail to illustrative building mass, exterior construction materials and signage if applicable.

            (14)   Project report to include an explanation of the character of the proposed development, verification of the applicant's ownership or contractual interest in the subject site and proposed development schedule.

            (15)   The applicant may be required to provide, at the applicant's expense, additional clarification and/or further detail of the site plan as determined necessary by the Zoning Administrator or the Planning and Zoning Commission.

            (16)   Proposed covenants, if any, to govern the use and maintenance of the development and ensure the continued observance of the provisions of the planned development.

            (17)   Narrative description of the planned development describing the intent and desired effect of the development, the manner in which the development has been planned to take advantage of the flexibility of the planned development regulations, the superior benefits that would accrue to the residents/user of the development, and all relief sought from the standard application of district requirements in conjunction with the project.

            (18)   Design of all project signage, including project marketing signage.

            (19)   Site lighting plan and cut sheets.

            (20)   Proposed construction schedule.

            (21)   The petitioner shall clearly show the location and general design of any proposed streets, major storm water drainage facilities, main utility lines and facilities, and other features deemed necessary by the Planning and Zoning Commission and Village Council on all of the contiguous property holdings of such developer, his agents, trustees, beneficiaries or owners, whether or not said contiguous land holdings are intended for immediate development.

   C.   Preliminary Planned Development Review Procedures: The review procedure for a preliminary planned development shall be consistent with the procedures described below:

      1.   Initiation: The owner of the property, lessee or contract purchaser for which a planned development conditional use permit is sought may initiate a request for a conditional use permit.

         a.   Written notice is to be made by the petitioner.

            (1)   The petitioner shall provide an affidavit in which the applicant: a) lists the names and addresses of the record owners and occupants of each parcel of property located within two hundred fifty feet (250') of the subject property, excluding public streets and rights of way; and b) states under oath that the list is true and correct to the best of the applicant's knowledge and belief. An original notice shall be submitted to the village to be filed and a copy of the notice is to be mailed to such property owners, said notice to be in the form set forth below:

            (2)   After a completed application has been filed for a planned development conditional use permit and accepted as complete to form and substance, the director of public health and safety shall set the date for a public hearing thereon before the Planning and Zoning Commission, and shall cause notice thereof no less than fifteen (15) nor more than thirty (30) days prior thereto to be published in a newspaper of general circulation. The applicant shall pay the cost of publication.

      2.   Procedure For Decision; Planning and Zoning Commission And Village Council Action:

         a.   Public Hearing: The Planning and Zoning Commission shall hold a public hearing on an application for a planned development conditional use permit in compliance with the notice requirements of subsection 9-10-4C of this title. At the hearing, all interested parties shall have an opportunity to be heard.

         b.   Planning and Zoning Commission Action:

            (1)   Within ninety (90) days after the close of the public hearing, the Planning and Zoning Commission shall vote to recommend approval or denial, or approval with conditions on the planned development to the village council by a simple majority of those commissioners present and voting.

            (2)   The village council shall act to approve, deny, or approve with conditions the planned development conditional use permit within ninety (90) days of the village council's first meeting following receipt of the Planning and Zoning Commission recommendation.

      3.   Written Findings Of Fact: The Planning and Zoning Commission in its recommendations with regard to an application for a planned development must set forth specific written findings of fact on each standard, as expressed in section 9-6-2 of this chapter.

      4.   Conditions On Planned Development: The Planning and Zoning Commission may recommend and the Village Council may impose conditions in authorizing a planned development to make such use more compatible with the use, enjoyment and development of adjacent and nearby properties, to make the use more compatible with the character of the area in which it is located and to eliminate any adverse effect on adjacent and nearby properties and the neighborhood. Any such conditions must be set forth as part of the action approving the planned development.

   D.   Public Hearing And Actions On Preliminary Development Plan:

      1.   Review and actions on the part of the Planning and Zoning Commission and village council shall take place in accordance with this chapter. The Planning and Zoning Commission may recommend approval, disapproval or approval with amendments, conditions or restrictions with respect to the preliminary development plan.

      2.   If the preliminary development plan is approved by the village council, it shall adopt a conditional use approving said preliminary development plan and plat, if applicable, with conditions as specified and authorizing the preparation of the final development plan and plat, if applicable.

      3.   All conditions imposed as part of any planned development shall run with the land and shall not lapse or be waived as a result of a subsequent change in tenancy or ownership of any or all of said areas, provided, however, that nothing herein shall be construed to limit the right of the developer, his successors or assignee to sell property in said planned development, except for such conditions imposed upon said common open space areas.

      4.   Approval of the preliminary development plan by the village council does not constitute development approval, but authorizes submission of a final plan for approval. Approval of the preliminary development plan shall be valid for a period of two (2) years from the date of village council approval. If an application for final plan approval for all or a part of a geographic portion of the preliminary plan has not been filed within the two (2) year period, or if a developer has not requested and received approval of a one year extension from the village council, then a resubmission of the preliminary development plan shall be required if the applicant intends to file for final plan approval. In no case shall a building permit be issued prior to final development plan approval. (Ord. O-44-02, 8-12-2002; amd. Ord. O-24-05, 6-13-2005; Ord. O-50-07, 11-13-2007; Ord. O-20-22, 5-9-2022)

   A.   Purpose: The final development plan process is intended to address technical and documentation issues which may have arisen in the preparation of the preliminary plan. The final plan also requires complete documentation of all elements of the preliminary plan, including documents and instruments to be prepared for recording the plan in the Cook County recorder of deeds office.

   B.   Final Planned Development Submittal Requirements: The final development plan shall include the required information described in section 9-6-6 of this chapter. In addition to these submittal requirements, the following shall be submitted:

      1.   The final landscape plan with specific location of all plant material, specifying size and species.

      2.   A statement that with the exception of the minimum lot requirements of the zoning and subdivision control ordinances of the village, all requirements of these ordinances have been complied with by the applicant and owner.

      3.   A statement placed on the plat indicating that the operation and maintenance of designated common areas, common facilities, common buildings and open spaces shall be under the control of a homeowners' association in accordance with the laws of the village governing such associations as provided for in title 10, chapter 2 of this code.

      4.   Construction activities plan indicating how construction activity will be controlled by addressing contractor ingress/egress, construction parking, street cleaning and pest control.

      5.   Financial information including a copy of lender's commitment; MAI appraisals on the existing site before and after development completion, certificate of no delinquent taxes and financial pro forma.

      6.   Finalized copy of covenants, if any, to govern the use and maintenance of the development and ensure the continued observance of the provisions of the planned development.

   C.   Final Planned Development Review Procedures: Once the conditional use permit has been granted, the applicant may submit for a review meeting by the Planning and Zoning Commission to ensure that the final plan is consistent with the preliminary plan.

      1.   Planning and Zoning Commission Procedures For Review:

         a.   Public Meeting: The final plan and supporting data shall be filed with the director of public health and safety and forwarded to the Planning and Zoning Commission for determination whether the final plan is in conformity with these regulations and in agreement with the approved preliminary plan.

         b.   Planning and Zoning Commission Action: Within sixty (60) days of the date the item first appears on the Planning and Zoning Commission agenda, the Planning and Zoning Commission shall vote to recommend approval or denial, or approval with conditions of the planned development conditional use permit to the village council by a simple majority of those Planning and Zoning Commissioners present and voting.

      2.   Written Findings Of Fact: The Planning and Zoning Commission in its recommendations with regard to an application for a planned development conditional use permit must set forth specific written findings of fact on each standard, as expressed in section 9-6-4 of this chapter.

   D.   Village Council Procedures For Review: The Village Council shall hold a meeting to act to approve, deny or approve with conditions the planned development conditional use permit within ninety (90) days of the village council's first meeting following receipt of the Planning and Zoning Commission recommendation. (Ord. O-44-02, 8-12-2002; amd. Ord. O-24-05, 6-13-2005; Ord. O-20-22, 9-5-2022)

Approval of the final development plan by the village council shall authorize the plan to be recorded in the Cook County recorder's office. Permits are issued only after the final planned development and any required supporting data have been recorded with the Cook County recorder, and shall be issued in full conformance with the planned development. Proof of the recordings of the final development plan shall be provided to the director of public health and safety. The construction authorized by the building permit shall be in full compliance with the final planned development plat, as recorded. (Ord. O-44-02, 8-12-2002; amd. Ord. O-24-05, 6-13-2005)

Approval of a planned development does not constitute acceptance by the village of any offer of dedication of any streets, utilities, sidewalks, parks or other public facilities shown on the plan. However, the village council may accept any such offer of dedication by resolution and may delay such acceptance until such time that the director of public works or his/her designee determines that the public improvements have been completed in a satisfactory manner, and accepted or approved by the appropriate authority. (Ord. O-36-04, 9-13-2004)

   A.   Major Changes To Approved Planned Development: Major changes in an approved planned development shall require approval of an amended development plan in accordance with the provisions of this chapter. Major changes shall be those which:

      1.   Alter the use or character of the development;

      2.   Increase the overall coverage by five percent (5%);

      3.   Increase intensity of use over ten percent (10%);

      4.   Any reduction in allocated open space;

      5.   A reduction in off street parking or loading below the minimum otherwise required by this chapter;

      6.   Changes in project design where documented as part of the approved plan; or

      7.   Where a change results in the need for a variation. (Ord. O-44-02, 8-12-2002)

Whether a change to the planned development constitutes a major change shall be determined by the director of public health and safety. (Ord. O-44-02, 8-12-2002; amd. Ord. O-24-05, 6-13-2005)

   B.   Minor Changes: Changes which are not major changes will be considered minor changes. The village administrator may approve minor changes. The village administrator, at his discretion, may notify and discuss such minor changes with the village council prior to authorization. (Ord. O-44-02, 8-12-2002)

No approval of a final development plan shall be valid for a period longer than three (3) years from the date of approval unless within such period a building permit is obtained.

The village council may grant a one year extension upon written request of the original applicant if the application submitted is substantially the same as the initially approved application. At such time as the period of validity of an approved final development plan lapses, the final development plan and all uses, terms and conditions thereof may be declared null and void. (Ord. O-44-02, 8-12-2002)

At the expense of the applicant, the planned development plat and attachments shall be recorded in the Cook County office of recorder of deeds prior to the issuance of any building permits. Evidence of recording shall be provided to the community development department prior to the issuance of any permit for the project. (Ord. O-44-02, 8-12-2002)

Any person who shall file an application for amendment or application for an appeal, variation, or special use or for any other certificate or license required under the terms of this chapter, shall be charged a fee in accordance with a schedule of fees as set out in this code. (Ord. O-44-02, 8-12-2002)

Where the Planning and Zoning Commission makes a finding that the planned development may increase the demand for village services or the need for open space, the village council may require that a portion of the planned development shall be dedicated to public purposes. Where the village council determines that the resulting public land area would not be functionally appropriate due to its small area or location, the village may require the developer to pay cash in lieu of the land required. The cash contributions in lieu of land shall be based upon the fair market value of the areas of land in the planned development that otherwise would have been dedicated as public lands. The developer shall submit an independent appraisal showing the fair market value of such improved land in the area of the development or other evidence thereof and final determination of said fair market value per acre of such improved land shall be made by the village council based upon such information submitted by the developer and from other sources which may be submitted to the village council at its request.

The village council may also consider the dedication by the developer of lands outside the planned development and/or the provision by the developer of community facilities such as police or firefighting equipment required to service the development, provided that the total contribution is equal to the value as determined above herein. (Ord. O-44-02, 8-12-2002; amd. Ord. O-20-22, 9-5-2022)

Enforcement and penalty of these planned development regulations shall be as is outlined in chapter 10 of this title. (Ord. O-44-02, 8-12-2002)