The planned development procedure or PDP is intended to provide for development incorporating a single type or a variety of related uses, which are planned and developed as a unit. A PDP development may consist of conventionally subdivided lots or provide for nontraditional techniques of development, which are consistent with the intent of the Village comprehensive plan and meet the spirit and intent of this Chapter. The further purpose of the PDP is to permit the following:

   (A)   A maximum choice in the type of environment available to the public by allowing a development that would not be possible under the strict application of the provisions of this Chapter.

   (B)   Permanent preservation of common open space and recreation areas and facilities.

   (C)   A pattern of development to preserve natural vegetation, topographic and geologic features.

   (D)   A creative approach to the use of land and related physical facilities that results in better development and design and the construction of aesthetic amenities.

   (E)   An efficient use of the land resulting in more economic networks of utilities, streets, schools, public grounds and buildings, and other facilities.

   (F)   A land use which promotes the public health, safety, comfort, morals and welfare.

   (G)   Innovations in residential, commercial, and recreational development so that growing demands of population may be met by greater variety in type, design, and layout of buildings and by the conservation and more efficient use of open space ancillary to said buildings.

   (A)   The minimum size of any PDP shall be one (1) acre, unless the proposed PDP abuts an existing PDP, in which case, the minimum size may be waived if the Village determines that the proposed and existing PDP uses are compatible.

   (B)   For PDPs in residentially zoned areas, the maximum residential density of any PDP shall be controlled by the underlying zoning district(s) and the maximum floor area ratios shall apply (See Section 40-9-6(H)). Non-residential uses within residentially zoned areas shall not be allowed as part of the PDP review process.

   (C)   For PDPs in non-residentially zoned areas, the maximum building coverage shall be controlled by the percentage allowed within the underlying zoning district. Residential uses within non-residentially zoned areas may be allowed as part of the PDP review process.

(Ord. No. 2017-11; 12-12-17)

   (A) PDP Pre-Application Meeting.

   Before submitting a PDP application, developers, owners, and/or their representatives, are encouraged to meet with the appropriate Village officials to discuss the proposal. The purpose of the meeting is to review a conceptual building and street layout of the property and give Village staff and the owner, developer, and/or their representatives an opportunity to address questions or concerns prior to formal submittal of the PDP. Identification of questions and concerns will assist Village officials in determining how the proposal fits with current zoning and future land use plans per the Village Comprehensive Plan, and how property will be served by public roads, utilities, and services. The meeting will also assist the Zoning Hearing Officer in ensuring he/she will have the information needed to properly conduct the Public Hearing and prepare a written report to the Village Board per Section 40-9-4.

   (B)   Application Required.

      (1)   Filing.

   The amendment of an area plan or the designation of a portion of the Village as a planned development must be initiated by an application with the proposed area plan, accompanied by the required fee and filed with the building and zoning administrator. The owner or owners of record or the contract purchasers must verify the application. The application must be filed at least thirty (30) days prior to the Zoning Board of Appeals meeting at which it is to be first considered.

   (C)   Contents of Application.

   The application must include the following information. The Village may require that this information be included on or filed with designated forms:

      (1)   The name of the proposed PDP development.

      (2)   Names, addresses and phone numbers of the owner(s) of record, and engineer, surveyor or designer responsible for the planning, engineering, survey and design.

      (3)   Acreage in the entire planned development.

      (4)   Legal description of the entire planned development.

      (5)   Five (5) copies of proposed deed restrictions, protective covenants, and homeowners' association articles of incorporation and bylaws.

      (6)   Signature(s) of applicant(s) and owner(s) certifying the accuracy of the requested information.

      (7)   Payment of the required application fee.

      (8)   A recent certificate of title to the property showing ownership.

      (9)   A list containing the names and addresses of all owners of property located within two hundred fifty (250) feet, not including width(s) of public right-of-way, of the property to be designated a planned development.

      (10)   Any additional information deemed necessary by the building and zoning administrator.

   (C)   Area Plans.Sixteen (16) copies of the proposed area plan must accompany the application. The scale for all plans shall be no smaller than one inch equals fifty feet (1” = 50’), and the plans shall include the following:

      (1)   The name of the proposed PDP development.

      (2)   A scale, north arrow and the date drawn.

      (3)   The proposed use and development of the planned development.

      (4)   The boundaries, dimensions and area of the planned development.

      (5)   The location of the planned development in relation to the surrounding uses, buildings and zoning.

      (6)   The location of the planned development in relation to major thoroughfares, and any roadways or drives connecting the planned development to those major thoroughfares.

      (7)   The names of adjacent subdivisions, layout of streets (with names and right-of-way widths), connections with adjoining platted streets, location and widths and of adjoining alleys, easements and public sidewalks, and location and dimensions of all existing sanitary sewer, storm sewer, and supply facilities within two hundred fifty (250) feet of the planned development.

      (8)   The existing conditions in the planned development area showing all easements, streets, drives or alleys, bridges, and existing structures.

      (9)   The existing topography (at least 5 foot contour intervals). All topographic data shall directly relate to USGS data.

      (10)   The boundary lines of school districts, fire districts, and municipal limits must be identified on the plan where applicable.

      (11)   The general plan layout of the entire planned development showing proposed land uses, streets, parking areas, open space areas, sidewalks and highways or other major improvements planned by public authorities for future construction, with significant dimensions indicated where appropriate to clarify the plan.

      (12)   All planned use areas must be clearly labeled as to the proposed use, and all parcels of lands to be dedicated or reserved for public use or for use in common by property owners in the planned development shall be indicated on the plan dedication or reservation.

      (13)   The proposed stages of development.

      (14)   Subsurface conditions on the tract, if required by the director of public works, including the location and results of tests made to ascertain subsurface soil, rock, and ground water conditions; depth to ground water unless test pits are dry at a depth of five (5) feet; location and results of soil percolation tests if individual sewage disposal systems are proposed.

      (15)   Site plan data must be indicated on the area plan and must include the items below:

         (a)   The total gross area of the planned development area plan in acres.

         (b)   The breakdown of total gross area by land use type, such as townhouses, single-family, retail shops, open space, church, school, etc.

         (c)   Residential data:

            (i)   The estimated total residential units.

            (ii)   The average square feet of residential land per each type of residential unit.

            (iii)   The breakdown of nonresidential land by type of use.

            (iv)   The total parking by land use type and parking ratio per dwelling unit.

         (d)   Commercial and industrial data:

            (i)   The estimated total building square footage by land use type.

            (ii)   The percentage of building coverage by land use type for business and industrial planned districts.

            (iii)   The total parking by land use type and parking ratio per floor area.

      (16)   Any additional information deemed necessary by the building and zoning administrator to adequately illustrate the planned development.

(Ord. No. 2017-11; 12-12-17)

   (A)   The proposed plan shall be referred to the Zoning Hearing Officer for study, a public hearing thereon and recommendation and report to the Village Board of Trustees.

   (B)   The Zoning Hearing Officer shall not act on any proposed plan before holding a public meeting with fifteen (15) days’ written notice thereof shall be given to all property owners within two hundred fifty (250) feet (not including the width(s) of public right-of-way) of the boundary of the premises under consideration, and at least fifteen (15) days’ written notice thereof shall be given in a newspaper of general circulation in the Village.

   (C)   After holding a public hearing on any proposed plan, the Zoning Hearing Officer shall submit his/her report of such action to the Village Board of Trustees for the Board’s consideration and action within thirty (30) days of the public hearing. Said report shall include all documents comprising the proposed plan referred to the Zoning Hearing Officer, the recommendation of the Zoning Hearing Officer with respect to such proposed plan, and the reasons for approval or disapproval of such proposed plan. The Zoning Hearing Officer’s report shall address his/her recommendation shall be based upon whether the plan is consistent with good general planning practice, consistent with good site planning, can be constructed and operated in a manner that is not detrimental to the permitted uses in the district, would be visually compatible with the uses in the surrounding area, and is deemed desirable to promote the general welfare of the Village. The Zoning Hearing Officer must also consider architectural, landscape, traffic impacts and other relationships which may exist between the proposed PDP development and the character of the surrounding neighborhood and must prescribe or require such physical treatment or other limitations as will, in its opinion, enhance the neighborhood character. The Zoning Hearing Officer may also consider other relevant criteria or issues not listed here that, in his/her opinion, may impact the PDP development and surrounding properties.

   (D)   If no report is transmitted by the Zoning Hearing Officer within thirty (30) days from the date that the application is first reviewed by the Zoning Hearing Officer at a regular meeting, the Village Board of Trustees may take action on such proposed plan even though the Zoning Hearing Officer has not submitted its report to the board. If the Zoning Hearing Officer fails to hold the public hearing required by subsection B of this Section, the Village Board of Trustees may assume that responsibility and hold such a hearing after providing the requisite notice.

   (E)   Upon receipt of the Zoning Hearing Officer’s report, the Village Board of Trustees shall, at its next regularly scheduled meeting, either approve the application by adopting an ordinance amending the zoning district map and authorizing the PDP development in accordance with the area plan, or deny the application. If the application is approved, the matter shall be returned to the Zoning Hearing Officer for consideration of a final development plan.

   (F)   Minor technical and mechanical changes to the area plan may be approved by the Village Engineer without review by the Zoning Hearing Officer or the Village Board of Trustees so long as the changes do not materially affect the PDP development as approved by the Village Board of Trustees. Within seven (7) days of such approval, the Village Engineer will advise the chairman of the Zoning Hearing Officer of any such change. By way of example, minor technical and mechanical changes may include changes in locations of greenspace or amounts of greenspace of five percent (5%) or less, changes in residential density or lot coverage of five percent (5%) or less, parking amount and exterior lighting plan changes, street layout or engineering revisions which do not impact the character of the PDP, and changes of less than five percent (5%) in approved exterior building materials.

(Ord. No. 2017-11; 12-12-17)

   As it serves as the preliminary plat for the subject property, requirements for final development plans and section plans shall be as follows:

   (A)   Final development plans must include, in addition to specific information required by the ordinance authorizing the PDP development, the following general information:

      (1)   Requirements of the Preliminary Plat per Section 34-4-16.

      (2)   An outboundary plat and legal description of the property.

      (3)   The location of all roadways adjacent to the property and general location, size, and pavement widths of all interior roadways.

      (4)   The general design of the PDP development including unit types (i.e., single-family detached, single-family attached, apartment), number of each unit type proposed, location of units, minimum and maximum size of single-family lots, approximate size of multiple-family structures, and location and size of common areas and recreation facilities.

      (5)   The location and size of any commercial uses, types of uses proposed and general parking layout.

      (6)   Any flood plain boundaries.

      (7)   The density calculations.

      (8)   Tree survey.

      (9)   Concept landscape plan.

   (B)   The Zoning Hearing Officer must determine if the final development plan complies with the conditions of the ordinance authorizing the PDP development. The Zoning Hearing Officer’s recommendation of the final development plan shall also be based upon whether the plan is consistent with good general planning practice, consistent with good site planning, can be constructed and operated in a manner that is not detrimental to the permitted uses in the district, would be visually compatible with the uses in the surrounding area, and is deemed desirable to promote the general welfare of the Village. The Zoning Hearing Officer must also consider architectural, landscape, and other relationships which may exist between the proposed PDP development and the character of the surrounding neighborhood and must prescribe or require such physical treatment or other limitations as will, in its opinion, enhance the neighborhood character. The Zoning Hearing Officer may also consider other relevant criteria or issues not listed that, in his/her opinion, may impact the PDP development and surrounding properties.

   (C)   A section plan for each plat or phase of the area plan must be submitted to the Zoning Hearing Officer for review and approval. The section plan must contain such information as is required by the ordinance establishing the planned development, in addition to such other information required on a preliminary plat by the land subdivision regulations.

   (D)   The Zoning Hearing Officer shall submit its recommendation on each final development plan and section plan to the Village Board of Trustees. If the Zoning Hearing Officer does not approve or disapprove a final development plan or a section plan within thirty-five (35) days from the date that the plan is first reviewed by the Zoning Hearing Officer at a regular meeting, the Village Board of Trustees may approve or disapprove such plan even though the Zoning Hearing Officer has taken no action.

   (E)   The Village Clerk shall retain all plans on file. An approved final development plan will constitute an approved preliminary plat for purposes of the land subdivision regulations. No building permits or authorization for improvement or development for any use authorized under provisions of the ordinance governing the tract shall be issued prior to approval of such plans.

   (F)   Where elements within the designated planned development boundary are necessary to the support of a given section, but not included within the section boundary, these elements shall be included on a site plan accompanying, or a part of, the section plan.

   (G)   If a final development plan includes all the information required for section plans, the section plan requirements may be waived.

(Ord. No. 2017-11; 12-12-17)

   (A)   All paved and landscaped areas shall, at all times, be kept in good repair and in excellent condition, in accordance with this Chapter and other ordinances. The continuous maintenance of said areas is to be the responsibility of the owners and lessees of the property.

   (B)   All landscaping plant materials shall be kept alive and in excellent condition.

   (C)   All lighting shall be served with underground cable. All parking areas and walkways shall be illuminated so as to produce a uniform illumination within said areas. All exterior lighting shall be shielded and/or otherwise designed to direct light downward and within the confines of the site area so as to prevent or minimize glare or spillover to other areas. To prevent off-site light spillover, a photometric exterior lighting plan shall be provided by the developer showing zero (0) foot candles at the property line and shall be subsequently adhered by the owner/developer of the PDP site and subsequent owners. (Ord. No. 2017-11; 12-12-17)

   (D)   Access Requirements.

   All developed parcels, except those developed for single-family, shall be provided interior drives with a minimum width of pavement of twenty-four (24) feet. Driveway openings shall be limited to not more than thirty-six (36) feet in width and shall be limited to one (1) drive per one hundred (100) feet of lot width. All roads and drives shall be paved with concrete or asphalt concrete material as specified by the Village Engineer. Concrete curbs shall be provided along all drives that do not abut parking spaces. All parking areas shall be edged with concrete curbs. Surface or underground storm drainage facilities shall be provided for all roads, drives, and parking areas as approved by the Village Engineer. All storm drainage will be directed into established surface or underground storm drainage facilities.

   (E)   Underground Utilities.

   Telephone, electric power, cable television, and all other utilities, except surface storm water facilities, shall be located underground. Except, however, that the following shall be excluded from this requirement:

      (1)   Poles used exclusively for street lighting.

      (2)   Antennas, associated equipment, and supporting structures used by a utility for furnishing communication services.

      (3)   Equipment appurtenant to underground facilities, such as surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts.

      (4)   Temporary poles, overhead wires and associated overhead structures used for a period not to exceed six (6) months, which are necessary to provide utility service until the permanent service is completed.

      (5)   Poles, wires, and controller cabinets necessary for the operation to traffic signals.

      (6)   Poles, overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of thirty-four thousand five hundred (34,500) volts.

   (F)   Ownership and Size.

   The site of the planned development must be under single ownership and/or unified control and meet the size requirement specified in Section 40-9-2(A) of this Article.

   (G)   Setback Requirements.

   Building setback requirements within a planned development may deviate from the minimums required in the underlying zoning district.

   (H)   Floor Area Ratios.

   Floor area ratios shall be observed as maximum density controls for the following uses:

      (1)   Single-family attached dwellings      0.4

      (2)   Duplexes               0.4

      (3)   Multiple-family buildings         0.6

   In considering whether or not such application for a planned development should be granted, it shall be the duty of the Zoning Hearing Officer and the Village Board of Trustees to give consideration to the effect of the requested use on the health, safety, morals and general welfare of the residents of the area in the vicinity of the property in question and the residents of the Village generally. In considering the planned use or uses, the Zoning Hearing Officer and the Village Board of Trustees should consider the following:

   (A)   The appropriateness of the proposed use or uses for the site in terms of land patterns in the entire Village and the community’s comprehensive plan.

   (B)   The compatibility with surrounding uses and the surrounding neighborhood.

   (C)   The comparative size, floor area, mass, and general appearance of the proposed structures in relationship to adjacent structures and buildings in the surrounding properties and neighborhood.

   (D)   The amount of traffic generated by the proposed use or uses and the relationship to the amount of traffic on abutting streets and on minor streets in the surrounding neighborhood in terms of the street’s capacity to absorb the additional traffic and any significant increase in hourly or daily traffic levels.

   (A)   All public facilities and improvements made necessary as a result of the planned development shall be either constructed in advance of the approval of the final plat, or, at the discretion of the Village, escrow deposits, irrevocable letters of credit in a form approved by the Village Attorney or performance bonds shall be delivered to guarantee construction of the required improvements. Any such guarantee shall be one hundred percent (100%) of the estimate approved by the Village Engineer of the cost to construct said improvements. (Ord. No. 2017-11; 12-12-17)

   (B)   In addition to the deposit provided for in subsection A of this Section, a deposit shall be made to the Village in cash, irrevocable letters of credit (in a form approved by the Village Attorney), or maintenance bond equal to fifteen percent (15%) of the estimated cost of public facility installations. This deposit shall be a guarantee of satisfactory performance of the facilities constructed within the planned development and shall be held by the Village for a period of eighteen (18) months after acceptance of such facilities by the Village. After eighteen (18) months, the deposit shall be refunded if no defects have developed. If any defects have developed, then the balance of such deposit shall be refunded after reimbursements for amounts expended in correcting defective facilities. The refund of the deposit under this subsection B shall be made immediately upon completion and approval of the construction of said public facilities, and the performance guarantee for the public facilities shall thereupon be released.