It is the intent of this chapter to accommodate creative and imaginative Planned Unit Developments and to permit those innovations in land development which are in the best interest of the Village. In order to accomplish this intent, it is the purpose of this chapter:

   (a)   To encourage, in a Planned Unit Development (PUD), a variety of architectural designs, structural techniques and types of structures in a maximum density permitted within the district in which the Planned Unit Development is proposed;

   (b)   To encourage the flexible spacing of lots and buildings in order to encourage separation of pedestrian and vehicular circulation, the conservation of natural amenities of the landscape, and the provision of readily accessible common open space areas where appropriate;

   (c)   To encourage residential uses that result in an improvement to the housing stock of the Village as it relates to building size, architectural character and the introduction of housing choices currently not available in the Village.

   (d)   To encourage mixed uses (i.e. residential/commercial) where the Planned Unit Development includes the appropriate underlying zone districts.

      (Ord. 2013-04-CD. Passed 4-2-13.)

   Village Council may permit the following uses in a Planned Unit Development:

   (a)   Any use permitted in the Zoning Code for the particular property which is the subject of the Planned Unit Development application. A Planned Unit Development which includes more than a single zoning district within its boundaries may be approved as a mixed use Planned Unit Development where the Planning Commission and Council determine that the mix is compatible with the surrounding uses.

   (b)   In residential Planned Unit Developments, accessory services or associated uses such as private garages, storage spaces, community facilities and schools to service the occupants of the Planned Unit Development may also be permitted as appropriate and clearly incidental to the uses permitted on the same premises, or such other uses as approved by the Planning Commission and Council and designed to serve primarily the occupants of the Planned Unit Development.

   (c)   Open space which may include land, water or a combination of both, and along with the natural environmental features, swimming pools, tennis courts, other recreational facilities and complementary structures and improvements deemed permissible by the Planning Commission and Council. These facilities are to be used mainly by the occupants of the development in which the facilities are located and their guests. Streets, parking lots, structures for habitation or storage and the like shall not be included as part of the required open space and recreational facilities. (Ord. 2013-04-CD. Passed 4-2-13.)

   (a)   Area for Development. The minimum area for a Planned Unit Development shall be 1 acre. All land within the development shall be contiguous in that it shall not be divided into segments by any tract of land (other than streets or rights of way for pipelines or electric transmission lines) not owned by the developer of the Planned Unit Development.

   (b)   Maximum Density. A Planned Unit Development shall not exceed the densities prescribed for the district in which it is located. The permitted density shall be determined by the average number of units per net acre, as determined by the minimum lot sizes in the respective districts.

   (c)   Minimum Requirements.

      (1)   Yard setback, height controls, type of dwelling unit, frontage, use and parking restrictions contained in other chapters of this Zoning Code are hereby waived for Planned Unit Developments, provided that the intent and objectives of this chapter are implemented in the total development plan, as determined by the Planning Commission and Council. Building separation shall be maintained in accordance with the requirements of the Fire Code and other safety codes of the Village and the State.

      (2)   Every building shall have access to a public street, internal walkway, internal street or other area dedicated to common use.

   (d)   Perimeter Requirements. If topographical or other barriers within the development do not provide reasonable privacy for the existing uses adjacent to the development, the Planning Commission and Council may impose either of the following requirements, or both:

      (1)   Structures located on the perimeter of the development shall be set back in accordance with the provisions of the Zoning Code unless modified by the Planning Commission or Council as part of the Preliminary Plan Approval process; and

      (2)   Structures located on the perimeter shall be well screened in a manner approved by the Planning Commission and Council.

         (Ord. 2013-04-CD. Passed 4-2-13.)

   (a)   Interior public streets shall be paved according to the Village's street design standards. Interior private streets shall be properly lighted and maintained. The minimum paved roadway for private streets in a residential Planned Unit Development shall be as follows:

      (1)   Two-way road with parking on one side where approved - twenty-four feet;

      (2)   One-way road with parking on one side where approved - twenty feet;

      (3)   One-way road without parking - fifteen feet; and

      (4)   Alleys with parking on one side - eighteen feet.

   Parking along access roads shall be subject to the approval of Council and the Municipal Manager or authorized representative appointed by the Manager. In business or industrial Planned Unit Developments, the above minimum right-of-way widths shall be increased in accordance with the requirements of Council.

   (b)   Collector streets and major thoroughfares shall be designated as such by the developer upon submission of the general plans as provided for hereafter. Such designations shall be subject to modification by the Planning Commission and Council so that an efficient circulation system is established in relation to other existing or planned streets in the area. There shall be no access from a structure in the Planned Unit Development directly to a major thoroughfare, and direct access from individual structures or lots to collector streets shall be minimized.

   (c)   Off-street parking shall be provided outside the public or private right of way sufficient to accommodate the normal uses of any structure consistent with the requirements of Chapter 1147, and those persons who live or are employed on the premises as well as their social or business invitees. Screening of parking or service areas may be required through the use of such devices as are determined by the Planning Commission and Council. All parking spaces and service drives shall comply with the regulations contained in Chapter 1147.

(Ord. 2013-04-CD. Passed 4-2-13.)

   (a)   All Planned Unit Developments must contain common open space area(s), the amount of which is required shall be determined by the Planning Commission and Council and shall be a function of the nature of the development and the avoidance of adverse impacts or blighting influences upon neighboring uses as well as consideration for improvements to the existing vehicular parking situation in the immediate vicinity of the PUD site. Such open space shall be clearly shown on the Preliminary and Final Plans, and shall be physically situated so as to be readily accessible, available to and useful to all occupants of the Planned Unit Development.

   (b)   All common space shown on the Preliminary and Final Plans and recorded with the County Recorder shall be conveyed in accordance with one of the following methods:

      (1)   By dedication to the Village as publicly owned and maintained open space. All common open space for dedication to the Village shall be acceptable to the Planning Commission and Council with regard to size, shape, location and improvement. In addition, the developer shall show that the dedication of such areas will be for the benefit of the general public of the Village.

      (2)   By leasing or conveying title (including beneficial ownership) to a corporation, occupants' association, trust or other legal entity. In the terms of such lease or other instrument of conveyance, provisions shall be included which are suitable to the Planning Commission and Council for guaranteeing: the continued use of such land for intended purposes; continuity of property maintenance; when appropriate, the availability of funds required for such maintenance, adequate insurance protection; and recovery for loss sustained by causality, condemnation or otherwise. In any event, the developer shall file with the County Recorder at the time the approved final development plan is filed, legal documents which shall produce the aforesaid guarantees and, in particular, shall provide a method for restricting use of common open space for designated purposes.

         (Ord. 2013-04-CD. Passed 4-2-13.)

   The pedestrian circulation system and its related walkways shall be insulated as completely and as reasonably as possible from the vehicular street system, exclusive of any alley, in order to provide separation of pedestrian and vehicular movement.

(Ord. 2013-04-CD. Passed 4-2-13.)

   The Planning Commission and Council shall have the authority to require the provision of underground installation of utilities in Planned Unit Developments. Utility installation and maintenance of facilities shall be in accordance with Village requirements and regulations. A Planned Unit Development shall not be approved unless adequate assurance is given that adequate public or central water and sanitary sewers shall be available at the first occupancy.

(Ord. 2013-04-CD. Passed 4-2-13.)

   Each residential Planned Unit Development shall provide reasonable visual and acoustical privacy so that the occupants of one unit shall not interfere with the activities of occupants of another unit, unless specifically designed otherwise and approved as such by the Planning Commission and Council. Fences, insulation, walls, barriers and landscaping shall be used as appropriate, for the protection and aesthetic enhancement of property, the privacy of its occupants, screening of objectionable views or uses and the reduction of noises.

(Ord. 2013-04-CD. Passed 4-2-13.)

   Planned Unit Developments may be established either by a determination of the Planning Commission and Council that a particular piece of property shall be developed under this chapter, or by approval of an application from a property owner. Sections 1141.10 to 1141.13 regulate how all Planned Unit Developments are to be reviewed.

(Ord. 2013-04-CD. Passed 4-2-13.)

   (a)   At the time of application for approval of a Planned Unit Development, a Preliminary Plan for the development of the land shall be filed with the Planning Commission by the owner or owners of the land involved. The Preliminary Plan (which may be set forth on one or more maps or in one or more instruments) shall have been signed by all of the owners of the property within the project, shall have been drawn to scale, and shall have been prepared by an architect, landscape architect, civil engineer or urban or regional planner. The developer may, at his option, request Preliminary and Final Plan approval simultaneously by complying with this section and Section 1141.12 in one submission, by providing simultaneously all of the information required by both sections.

      (1)   All Preliminary Plans shall be presented to the Planning Commission on a form to be prescribed by the Municipal Manager or an authorized representative appointed by the Manager.

      (2)   A fee, which shall include a deposit to cover professional review(s), as established by Council shall accompany the Preliminary Plan submission.

   (b)   The Preliminary Plan shall include a declaration by the developer in which there is furnished:

      (1)   A general statement regarding the nature, size and location of open space, and descriptive data as to the methods to be employed for guaranteeing its continuity and maintenance;

      (2)   The areas of each structure to be used with a designation of the purposes of each area in each structure;

      (3)   The total population density for residential Planned Unit Developments and/or the average daily employment and customer traffic for commercial, business or manufacturing Planned Unit Developments;

      (4)   Descriptive data concerning sewer, water and storm drainage facilities within the project, identifying the entity, whether public or private, to whom such facilities are to be dedicated or transferred; and

      (5)   General description of the availability of other community facilities such as schools, fire and police protection services and cultural facilities, if any, and how these facilities are affected by this proposal.

   (c)   The Preliminary Plan shall also include conceptual and schematic plans to a scale of one inch equals 100 feet, or less, incorporating the following elements:

      (1)   An area map showing adjacent property owners and existing land uses within 200 feet in any direction of the parcel;

      (2)   The boundaries of the project, including the legal description of the metes and bounds of the parcel and the size of the parcel;

      (3)   Existing contours at five feet intervals or less, accompanied by a proposed grading plan;

      (4)   The proposed street system for the project, including designation of collector thoroughfares agreeable to the Council, or where otherwise necessary for efficient vehicular circulation;

      (5)   Drainage control, including a plan showing provisions for control of erosion and sedimentation during and after construction; such plans shall be accompanied by documentation indicating the review and recommendation of such plan by the Municipal Manager or authorized representative appointed by the Manager;

      (6)   Location of all principal buildings and accessory structures accompanied by an outline explaining intended heights, coverage and treatment of yards within the project;

      (7)   Location, size and landscaping of proposed parking lots within the project;

      (8)   Pedestrian circulation features, walks and paved areas within the project;

      (9)   Landscaping and forestry features;

      (10)   Principal ties to the community at large with respect to transportation, water supply and sewage collection and treatment;

      (11)   General nature and location of public and private utilities and community facilities and services, including maintenance facilities within the project;

      (12)   Recreational and other non-building areas designated within the project; and

      (13)   A soil interpretive map indicating degree of limitation, if deemed necessary.

   (d)   The Preliminary Plan shall also include common open space information including:

      (1)   Percentage of acreage of common open space in each part of the project;

      (2)   The general nature and location of common open space use; and

      (3)   Topographical factors affecting common open space.

   (e)   The Preliminary Plan shall also include a document describing the proposed phasing program of the project for all dwelling units, non-dwelling structures, recreational and other common facilities, and open space improvements.

(Ord. 2013-04-CD. Passed 4-2-13.)

   (a)   The Planning Commission shall review the Preliminary Plan and make recommendations to Council with respect to the Preliminary Plan. In connection with the review of the Preliminary Plan, the Planning Commission will submit the Preliminary Plan to a certified engineer, an architectural review professional, a professional planner and the Village Law Director for their review and comment. Such professionals shall submit written comments to the Planning Commission regarding the Preliminary Plan within fourteen (14) days of receipt of the Preliminary Plan from the Planning Commission. The Planning Commission shall have thirty days from the date of the public hearing at which the Preliminary Plan is considered to approve, deny or modify the Preliminary Plan, provided that by mutual agreement between the applicant and the Planning Commission, that time limit may be extended. The recommendations of the Planning Commission shall include written findings with respect to the following:

      (1)   The relationship, beneficial or adverse, of the proposed Planned Unit Development to the neighborhood in which it is proposed to be established;

      (2)   Whether or not there are adequate services and utilities available or proposed to be made available in the construction of the project;

      (3)   Whether or not the proposal meets the intent and objectives for Planned Unit Developments as expressed in this chapter;

      (4)   Whether or not the proposal meets all general regulations for Planned Unit developments; and

      (5)   Whether the Planning Commission recommends approval, approval with modifications, or disapproval of the Planned Unit Development, with a statement of the reasons for the recommendation by the Planning Commission.

   (b)   Council shall consider the recommendations of the Planning Commission and shall conduct a public hearing prior to acting on the application. The public hearing and review requirements shall be the same as those required for a zoning amendment. After receipt of the recommendation of the Planning Commission, Council shall consider the request and at the conclusion of the public hearing, approve, deny, or approve with modifications the Preliminary Plan.

   (c)   Within two years of approval the Preliminary Plan by Council, the developer shall apply for and secure Final Plan approval as specified in Section 1141.12 for any specific areas within the project or the overall project, or the Preliminary Plan approval shall automatically expire. No substantial change from the approved Preliminary Plan shall be made without prior minor changes, provided that the overall density is not increased, without a new Planned Unit Development application. The Planning Commission shall notify Council in writing of the authorization of such minor changes within ten days of such authorization.

(Ord. 2013-04-CD. Passed 4-2-13.)

   (a)   Final Plan. Construction of the uses authorized by the Planning Commission's and Council's approval of the Preliminary Plan may begin only after a Final Plan has been approved by the Planning Commission and Council. For approval of a Final Plan, the owner shall file a Final Plan for any specific area within the project or the overall project with the Planning Commission together with a letter of application for such approval. Such Final Plan shall show the following:

      (1)   The area to be developed and the area to be devoted to open spaces for the uses of all occupants of the area, with accurate amounts of land involved, courses and distances to be determined by a licensed engineer or surveyor who shall sign such plan and certify to the accuracy of it. The boundaries of any area for which Final Plan approval is requested shall not be gerrymandered to comply with the density and open space provisions but shall be proportioned and allocated so that the provided open space is convenient to the developed property included in the area submitted for Final Plan approval.

      (2)   The location and floor plans of all buildings, descriptive data as to the type, floor area of buildings, the uses to which the buildings will be placed, the number of units for separate occupancy and, with respect to dwelling units, the number of bedrooms per unit.

      (3)   A title guarantee or rider to an existing policy showing the legal description of the land which has been set aside for open space and showing appropriate restrictions limiting the use of such land to open space or to recreation in perpetuity, guaranteeing owners and occupants of the area to be developed a right and easement of use in such open space.

      (4)   A detailed plan setting forth the manner, means and proposed time of compliance with Section 1141.05.

      (5)   A detailed landscaping plan for all areas.

   (b)   Conditions for Final Plan Approval. The Planning Commission shall review the Final Plan and recommend that Council approve, modify and approve, or disapprove the Final Plan. The Planning Commission shall also transmit its recommendation to Council. The Planning Commission shall have thirty days from the date on which the Final Plan is filed to consider and report upon an application for approval of a Final Plan. The time may be extended by mutual consent of the developer and the Planning Commission. Council shall consider the report from the Planning Commission and shall have sixty days from the date on which it receives the report from the Planning Commission to consider and to approve, deny or approve with modifications the Final Plan, provided that time may be extended by mutual consent of the developer and the Village. Council shall approve the application if it finds that the following conditions are met:

      (1)   The Final Plan accurately sets forth the area to be developed, the area to be set aside as open space with appropriate boundaries established by courses and distances, the quantity of land within the area to be approved and the quantity of land to be set aside as open space for the use of all occupants of the area;

      (2)   The Final Plan is substantially in accordance with the Preliminary Plan which has been previously filed with the Planning Commission and approved by Council.

      (3)   The density of dwelling units in any area does not exceed that shown on the Preliminary Plan;

      (4)   In residential Planned Unit Developments, the area reserved for open space and recreation is the sum of all areas for which Final Plan approval has been given or is requested and shall never be less than the common open space required under the Preliminary Plan previously filed with the Planning Commission and approved by Village Council;

      (5)   The Developer submits an amount in escrow or provides a performance bond to the Village to secure its obligations to complete the public improvements as set forth in the Final Plan. The amount of any such escrow deposit or performance bond shall be as established by the Village Council in connection with approval of the Final Plan;

      (6)   For phased projects already underway, satisfactory progress has been made in previously approved segments with respect to the provision and improvement of indicated recreational facilities; and

      (7)   The Final Plan accurately sets forth a schedule demonstrating proportionate development of the open space and recreational facilities in conjunction with the total project. A performance bond may be allowed to substitute for actual construction of recreational facilities. Any such construction covered by a performance bond shall be completed within one year. The amenities included in each phase shall be, in effect, completed prior to the issuance of occupancy permits.

         (Ord. 2013-04-CD. Passed 4-2-13.)

   Upon approval of the Final Plan by Council, the applicant shall cause the terms and conditions of the approval to be recorded in a recordable instrument, approved as to form by the Village Law Director. The recordable instrument shall recite that the conditions of the Planned Unit Development are covenants that run with the land and are enforceable by the Village or by neighboring property owners.
(Ord. 2013-04-CD. Passed 4-2-13.)

   Upon recording of the Final Plan pursuant to Section 1141.13, a building permit and Certificate of Zoning Compliance shall be obtained pursuant to initiating construction.

(Ord. 2013-04-CD. Passed 4-2-13; Ord. 2020-04-CD. Passed 12-8-20.)

   Upon completion of construction, a permit of occupancy shall be obtained. Additionally, the Building/Zoning Inspector shall determine that construction occurred in compliance with the approved and recorded Final Plan.

(Ord. 2013-04-CD. Passed 4-2-13.)

   (a)   If no construction has begun in the Planned Unit Development within one year from the approval of the Final Plan for the overall project or any part thereof and the recording of the necessary documents as outlined in Section 1141.13 has not occurred, approval of the Final Plan shall lapse and be of no further effect. The Planning Commission, for good cause, may extend for periods of up to one year, the time for beginning construction.

   (b)   If an approved Final Plan shall lapse, as provided herein, a record of such lapse shall be recorded by the Planning Commission and thereafter such approval shall be considered as having been revoked.

   (c)   Nothing herein shall be considered as effecting such lapse and revocation if the developer commences construction. If construction commences, the Final Plan may be modified only in accordance with Section 1141.17.

(Ord. 2013-04-CD. Passed 4-2-13.)

   (a)   The development shall conform to the approved Final Plan. The applicant, his successors and assignees shall make no alterations, additions or deletions with respect to the Final Plan, the related documents, or to the site, except that the Planning Commission may authorize minor changes.

   (b)   An alteration, addition or deletion with respect to the Final Plan will be deemed to be a "minor change" if the Planning Commission determines that such alteration, addition or deletion does not represent a departure from the intent of, or a major departure from the substance of, the Final Plan. For purposes of this Section, a "major departure from the substance of a Final Plan" may include, but is not limited to, an increase in or relocation of areas planned for a particular use or the addition of a use not included in the approved Final Plan.

   (c)   Upon approval of a Final Plan, changes other than minor changes approved by the Planning Commission may be made pursuant to a new submission, beginning with a Preliminary Plan, of a Planned Unit Development application, which shall be processed and approved in accordance with this chapter. (Ord. 2013-04-CD. Passed 4-2-13.)

   The establishment of common open spaces, the construction of public or common recreational facilities shown on the recorded Final Plan and the construction of other non-residential structures shall proceed substantially in accordance with the phasing program referred to in Section 1141.10, Preliminary Plan Submission, herein. After general construction commences, the developer shall submit progress reports annually to the Planning Commission, which shall review all building permits issued and compare them to the overall development phasing program. If it is determined that the rate of construction of units substantially differs from the phasing program, the Planning Commission shall notify the developer in writing. Thereafter, the Village can take such action as it may against any other violators of this Zoning Code.

(Ord. 2013-04-CD. Passed 4-2-13.)

   (a)   Whenever the Planning Commission or Council, by ordinance, shall find in the case of any approved Final Plan that any of the terms, conditions or restrictions upon which Final Plan approval, Section 1141.12 herein, was granted, are not being complied with, the Planning Commission or Council by ordinance, may rescind and revoke such approval. Notice thereof shall be the same as that required for a zoning amendment.

   (b)   Violation of the Final Plan for a Planned Unit Development as approved shall constitute violation of the Zoning Code.

(Ord. 2013-04-CD. Passed 4-2-13.)