The regulations of the PD planned development district are intended to allow greater design flexibility than is permitted by the other, district regulations for tracts of land where the planned development of such tract would better utilize the topographic and natural character of the site and would produce a more economical and stable development. It is intended that these regulations will facilitate developments which are consistent with the spirit and intent of this ordinance, in conformity with the general character of the village and which improve the health, safety, general welfare, and stability of the village or the immediate neighborhood.

A

Overlay district. The planned development district regulations shall supplement the regulations of the existing underlying zoning district, and may as set forth in this section, modify or nullify specific regulations of the underlying district.

B

Right to develop under underlying district. Application of the planned development to a tract of land shall not affect the rights of the property owner or owners to develop the property in conformance with the provisions of the underlying zoning district, except that when contractual agreements, as required herein, have been consummated and site development of such planned development has commenced, there shall be the obligation to complete the approved planned development.

C

Air rights development. The development of air rights above land utilized for railroad, streets, and drainage channels shall be processed as planned developments.

Uses specified as permitted uses in the existing underlying zoning district, except that where single-family detached dwellings are permitted, two-family detached, single-family attached, single-family semi-detached, and multiple-family dwellings shall be permitted, and on tracts of land under unified ownership and over 40 acres in area, one-tenth of the total area may be used for uses permitted in the B1 district.

None.

A

In the R1, R2, and R3 districts, not more than six dwelling units per acre, provided that at least 20 percent of the gross area is maintained in open space and developed for recreational use.

B

In the R4 district, lot areas per dwelling unit required in each district shall be measured on the basis of gross site area and may be reduced by not more than ten percent in return for the provision of amenity features such as open spaces, fountains, and terraces.

The requirements of the underlying district are applicable to the entire planned development and not to specific uses which may be located within the planned development.

The requirements of the underlying district may be waived.

The requirements of the underlying district may be waived.

The requirements of the underlying district are applicable along the exterior boundaries of the planned development only.

The design features and standards of development within the PD planned development district shall, in addition to the regulations set forth in this ordinance, conform to a development plan, including details and specifications as may be required, which is reviewed by the zoning board of appeals and approved by the village board. The development plan shall include, as a minimum, the following:

A

An accurate topographic and boundary line map of the project area and a location map showing its relationship to surrounding properties.

B

The pattern of public and private roads, driveways and parking facilities, and intended design standards.

C

The size, arrangement and location of lots or of proposed building groups.

D

Location, type and size of proposed landscaping.

E

The use, type, size and location of structures.

F

The location of sewer and water facilities.

G

Architectural drawings and sketches illustrating the design and character of proposed structures.

H

The location of recreational and open space areas and areas reserved or dedicated for public uses such as school, park[s], etc., and open space to be owned and maintained by a property owner's association.

I

Existing topography and storm drainage pattern and proposed storm drainage system showing basic topographic changes.

J

Statistical data on total size of project area, area of usable open space, density computation and proposed number of residential units by type, and other similar data pertinent to a comprehensive evaluation of the proposed development.

K

An analysis of the impact of the proposed development upon school enrollments and school capacities, which shall be reviewed by the school board.

L

A copy of the intended organizational structure related to property owner's association, deed restrictions, and provision of services. Aspects of the maintenance of common open space areas and of the provisions relating to the future use of private property (additions, expansion, changes in use, etc.), shall be fully set forth in such documents.

A

Pre-petition conference. Prior to official submittal of a petition for consideration of the planned development district, the petitioner shall meet with the zoning board of appeals for a preliminary discussion as to the scope and nature of the proposed development.

B

Petition. Following the preliminary consultation with the zoning board of appeals, petition may be made to the board of trustees by the owner, or his agent, for the approval of a specific project plan under the provisions of these regulations, and for the application to the project area of the PD planned development district. Such application shall be processed in accordance with the procedures set forth for zoning amendments.

C

Contract with the village. When a planned development is approved by the board of trustees, 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 non-performance. Any subsequent change or addition to an approved plan shall first be submitted for review by the zoning board of appeals. A public hearing shall be held by the zoning board of appeals. Following the public hearing, the zoning board of appeals shall make and forward its recommendation to the board of trustees and the board of trustees shall thereafter approve, approve conditionally, or disapprove the proposed changes. 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 zoning board of appeals and answer any such charge of non-compliance. If the zoning board of appeals finds the charges substantiated, they may recommend such termination of the project approval by the board of trustees if the situation is not satisfactorily adjusted within a specified period.

In light of the flexible nature of the planned development process, the board of trustees by ordinance may approve exceptions to any of the requirements of the village's zoning code and subdivision code following a public meeting held before the village's zoning board of appeals. The public meeting shall be held in conjunction with the public hearing on an application for a planned development special use. The following criteria shall be considered in deciding to grant any such exception:

a.

Whether the granting of the exception will promote and/or be beneficial to the public health, safety, morals, comfort or general welfare.

b.

Whether the granting of the exception will be injurious to the use and enjoyment of the property in the immediate vicinity for the purposes already permitted.

c.

Whether the granting of the exception will diminish or impair property values within the neighborhood.

d.

Whether the granting of the exception will promote the normal and orderly development of surrounding properties.

(Ord. No. 2004-20, § 2, 6-1-2004)