A.   Because planned residential developments are of such substantially different character from other developments, specific and additional standards and exceptions are hereby established to govern review and approval of any application for establishment of a planned residential development district in the village.

      1.   General Purpose: A planned residential development is a privilege to be earned and not a right to be claimed simply by complying with the standards established in this article. The village may require any reasonable conditions or design considerations which will promote a development of benefit to the community. It is not intended that the village automatically grant the maximum use exceptions or density increase in the case of each planned residential development. The Planning and Zoning Commission shall recommend and the village board may grant only such increase or latitude which is consistent with the benefit accruing, in the judgment of the village, to the village as a result of the planned residential development. As a condition for approval, each proposed planned residential development district must be generally compatible with the character and objectives for the zoning regulations which would otherwise apply for the type(s) of uses proposed for the development, shall be at least fifty (50) acres in size, and shall be consistent with the objectives of the village's comprehensive land use plan.

      2.   Specific Purposes: Specific purposes of the planned residential development district procedures are:

         a.   To ensure the preservation of the natural beauty of the village.

         b.   To enhance the appearance of neighborhoods by the conservation of streams and points of natural beauty, thereby also preserving natural recreation areas for the residents of the village.

         c.   To preserve natural areas and open spaces, which give a sense of spaciousness in the village.

         d.   To counteract the effects of urban monotony and congestion in the streets in the village.

         e.   To encourage cooperative relationships between neighbors and participation by all age groups in the use and care of local open space tracts in new residential neighborhoods in the village.

         f.   To promote appropriate architecture between adjacent dwellings or institutional buildings, and to encourage the placement of structures in proper relationship to the natural characteristics of a site, including cluster development, where appropriate.

         g.   To control access points on thoroughfares and to separate pedestrian and automobile traffic in the village.

         h.   To evaluate proposed recreational and open space systems and bicycle/pedestrian system connections within any development and areas surrounding any proposed planned residential development to ensure system continuity.

   B.   It is the further purpose of this article to promote efficient land use patterns, which will preserve trees, wetlands and other natural resources; provide site amenities; and secure large parcels of permanent open space, characteristic of the village's existing natural environment.

   C.   These provisions are intended to encourage and accommodate more creative and imaginative design for land development than would otherwise be possible under the strict application of the provisions of the village's zoning and subdivision ordinances.

   D.   It is intended that implementation of this section will result in efficient land use patterns and, therefore, more economical land development, that will:

      1.   Foster high quality development by allowing flexibility in land use and design standards, thereby encouraging innovative site planning;

      2.   Promote more efficient land use patterns, which not only preserve open space and natural resources, but also provide for more economical networks of utilities, streets and other facilities, using traditional neighborhood development and/or smart growth objectives;

      3.   Promote diverse, high quality environments;

      4.   Foster the permanent preservation of open space and agricultural lands for the continued use and enjoyment of residents of each new neighborhood and the village;

      5.   Promote usable and suitably located public and private recreational facilities;

      6.   Encourage developers to provide amenities that enhance the quality of life, both within the planned residential development, as well as within the community as a whole;

      7.   Encourage a land use pattern, which promotes the public health, safety, comfort, morals and welfare; and

      8.   Allow more than one building per zoning lot, when determined to be of benefit to residents of a neighborhood. (Ord. 05-02, 2-10-2005; amd. Ord. 21-15, 4-15-2021)

The following definitions shall apply to planned residential developments:

CLUSTER SUBDIVISION: A single-family residential subdivision, consisting of three (3) or more residential lots, in which the individual lots are clustered, grouped, or arranged so as to achieve a more flexible site design for the purpose of:

   A.   Providing more usable open space; and

   B.   Protecting sensitive natural areas and features.

CONDOMINIUM BUILDINGS: A property subject to a declaration of condominium ownership pursuant to the Illinois condominium property act, or subject to a declaration establishing a common interest community as defined in section 9-102 of the Illinois code of civil procedure.

DENSITY, GROSS: The number of dwelling units per acre devoted to residential land development, including streets, street rights of way and open space.

DENSITY, NET: For the purpose of determining the number of units per acre in a planned residential development for net density calculation, lot area shall be included, but not street rights of way, or open space.

DEVELOPMENT ORDINANCE: An ordinance adopted by the village board, upon completion of a final development plan and any necessary subdivision approvals, for the formal approval of a planned residential development; such ordinance may include graphics and other supporting documentation upon which village board approval is based. The development ordinance shall specify conditions of approval established by the village board, if any.

DWELLING, ATTACHED: A one-family dwelling attached to two (2) or more one-family dwellings by common vertical walls.

DWELLING HOUSE, ZERO LOT LINE: A one-family dwelling on an individual lot with open space setbacks on three (3) sides.

DWELLING, MULTI-FAMILY: A dwelling containing more than two (2) living units.

DWELLING, QUADRAPLEX: Four (4) attached dwellings in one structure, in which each unit has two (2) open space exposures; shares one or two (2) walls with an adjoining unit or units; and has a common entry at the ground level.

DWELLING, SINGLE-FAMILY: A building containing one dwelling unit.

DWELLING, SINGLE-FAMILY, DETACHED: A dwelling which is designed for, and occupied by not more than one family, and surrounded by open space, or yards, and which is not attached to any other dwelling by any other means.

DWELLING, TOWNHOME: A one-family dwelling in a row of at least three (3) such units, in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more common fire resistant walls.

DWELLING, TWO-FAMILY: A structure on a single lot containing two (2) dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell, exterior to both dwelling units. Also known as a duplex.

MULTI-FAMILY DEVELOPMENT: A residential subdivision where each structure contains two (2) or more dwelling units.

OPEN SPACE: An active, passive, or scenic area of land set aside, reserved or dedicated for use or enjoyment by a specific group or the general public as one or more of the following:

Active open space may include, but is not limited to:

Forest preserve

Park

Pathway (improved; landscaped)

Playground

Recreational facility (golf course; tennis court; swimming pool; ball fields; and the like)

School grounds

Trail (improved; landscaped)

Utility right of way (when improved with a trail or pathway)

Passive open space may include, but is not limited to:

Cemetery

Conservation easement or area

Detention/retention facility for storm water

Environmental feature: wetland, stream, floodplain, floodway, or other greenway feature

Institutional land

Landscaped corridor

Scenic observation point

Stand of mature trees

Viewshed

Where practicable, open space should be available for use or enjoyment by the general public; and should be located so as to be visible and accessible.

Not more than seventy percent (70%) of such open space shall consist of land encumbered by environmental features such as wetland, stream, floodplain, floodway, or other like feature.

Such open space is intended to expand the green infrastructure of the community; to conserve and protect natural resources and features; to provide for physical and aesthetic enjoyment of the out of doors; to enhance the identity of the community, and to help shape the pattern of growth and development in the village.

PLAN: A drawing of a tract of land and supporting documentation that contains information related to a proposed development.

PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission of the Village.

PLAN REVIEW GROUP: The group designated to meet and confer with a petitioner under this article during the preapplication review stage. The group shall include such village officials and consultants as determined necessary from time to time by the village president for a full review of a proposed planned residential development.

PLANNED RESIDENTIAL DEVELOPMENT: A parcel of land under single ownership or unified control for development, under a program for the provision, operation and maintenance of such areas, facilities and improvements that will be for the use and benefit of the residents of the development and/or the community at large, and which may be approved when:

   A.   The proposed development offers benefits to the neighborhood and/or community beyond those otherwise required under this code; and/or

   B.   The proposed development incorporates substantial amenities not otherwise required under this code, including, but not limited to:

      1.   Open space and greenbelts;

      2.   Recreational facilities; and

      3.   Other specific design, engineering, architectural, site, planning or landscape features.

UNIFIED CONTROL: The combination of two (2) or more tracts of land otherwise under separate ownership for purposes of filing a single petition for planned residential development and wherein each owner has agreed that his or her tract shall be developed as part of a single planned residential development.

VILLAGE BOARD: The board of trustees of the village.

ZONING BOARD OF APPEALS: The zoning board of appeals of the village. (Ord. 05-02, 2-10-2005; amd. Ord. 21-15, 4-15-2021)

   A.   Planned residential developments are of a substantially different character from conventional subdivisions or development on individual zoning lots within a conventional zoning classification, and, therefore, shall require administrative procedures for review and approval pursuant to the provisions of this article.

   B.   Because planned residential developments are complex and of a different character than other developments, the village has established the following specific procedures and standards for planned residential developments. The standards set forth herein are intended to guide the recommendations of the Planning and Zoning Commission and the approval of the Village Board during review of the proposed planned residential development. (Ord. 05-02, 2-10-2005; amd. Ord. 21-15, 4-15-2021)

   A.   Planned Residential Developments may include uses and structures not otherwise permitted by the zoning regulations for the type(s) of use which would otherwise apply, provided appropriate landscape screening and/or architectural design features are provided between dissimilar land uses, and the petitioner adequately demonstrates that the Planned Residential Development accomplishes the standards set forth in this chapter, achieves the planning goals and objectives of the Village, as stated herein and in the comprehensive land use plan, and is compatible with adjacent land uses.

   B.   A Planned Residential Development is intended to allow a mixture of dwelling unit types, thereby offering a choice in lifestyle to residents of the development, but also may be limited to only one type of dwelling unit. A Planned Residential Development may also include commercial or retail uses which support the residential uses located therein or otherwise located in the Village.

   C.   Nonresidential land uses of a religious, institutional, cultural, or recreational character may be included within a Planned Residential Development, to the extent that they are integrated with the residential land use. Any such nonresidential uses in a Planned Residential Development shall be reasonably compatible in scope and appearance with the residential structures.

   D.   Residential uses may include any of the following types of structures:

      1.   Single-family detached.

      2.   Townhome.

      3.   Two-family, or duplex.

      4.   Quadraplex.

      5.   Condominium building.

   E.   There may be more than one principal building on a zoning lot. Cluster subdivisions, as defined in this article, or zero lot line developments, may be allowed. (Ord. 05-02, 2-10-2005)

   F.   Wind energy systems shall also be included among the uses allowed in a Planned Residential Development, subject to the requirements otherwise set forth in chapter 5, article XVII of this Code. Provided, however, as to any such wind energy system not specifically described in and approved as part of the initial Planned Residential Development approval, the owner of any lot or lots in said Planned Residential Development desiring to erect or install any wind energy system shall make application for a special use, pursuant to subsection 6-14-3H of this chapter, without the need for amending the final development plan or the Planned Residential Development approval ordinance for the development for such purpose. (Ord. 11-20, 9-1-2011)

   G.   Solar Energy Systems which are building-mounted, and building- integrated solar energy systems, shall also be included among the uses allowed in a Planned Residential Development, subject to the requirements otherwise set forth in chapter 5, article XVIII of this Code. Provided, however, as to any such Solar Energy System which is a building-mounted solar energy system which is non- flush mounted and which was not specifically described in and approved as part of the initial Large Scale Business Planned Development approval, the owner of any lot or lots in said Planned Development desiring to erect or install such non-flush mounted Solar Energy System shall make application for a special use, pursuant to subsection 6-14-3H of this chapter, without the need for amending the final development plan or the Large Scale Business Planned Development approval ordinance for the development of such building-mounted non-flush mounted Solar Energy System. (Ord. 18-38, 11-1-2018)

   A.   Planned Residential Developments must meet the following objectives:

      1.   Aid in sustaining property values in the Village.

      2.   Provide appropriate access to and from adjacent arterial roadways.

      3.   Foster varied, but harmonious architecture among all residential structures; and between residential structures and adjacent commercial structures.

      4.   Provide such variety of residential types as is necessary and advisable for the economic vitality of the Village.

   B.   Planned Residential Developments will be expected to utilize design guidelines based on smart growth, traditional neighborhood design, and/or conservation design principles, to the extent reasonably practicable. (Ord. 05-02, 2-10-2005)

   A.   Development Controls:

      1.   The development controls otherwise set forth in the zoning and subdivision regulations may restrict imaginative development. It is the intent of these provisions to permit review of an integrated site proposal, where it affords the Village benefits that will enhance the quality of life for its residents. Therefore, the bulk and use regulations of the zoning regulations which would otherwise govern the type(s) of use in the proposed development, and the subdivision regulations, may be modified for a Planned Residential Development.

      2.   The provisions of this article are not intended, and shall not be used, as a means to circumvent the procedures or standards of the zoning and subdivision regulations, and thereby permit a diminished quality of development than is otherwise permitted under the strict interpretation of the zoning and subdivision regulations. Rather, these provisions are intended to take advantage of particular site characteristics, to increase the flexibility and originality of design in residential projects, to provide more open space and recreational opportunities than would otherwise occur, and to promote the protection of high quality natural resources, and where applicable, to enhance transitions between dissimilar land uses.

      3.   The unique characteristics of the land to be developed, and the uniqueness of the proposed development plan, shall be considered by the village when reviewing and determining the degree of flexibility to be afforded the petitioner.

   B.   Standards: The following standards shall apply to review and approval of a planned residential development; provided, however, the Planning and Zoning Commission may recommend, and the village board may approve, such exceptions from these standards as are determined appropriate to achieve one of the objectives of subsection 6-18-5A of this article:

      1.   Unified Control: The proposed planned residential development shall be under unified control.

      2.   Comprehensive Plan: The proposed planned residential development shall strive to conform to the land uses, intent, and spirit of the comprehensive plan.

      3.   Compatibility: Uses proposed for a planned residential development shall be compatible with surrounding land uses.

      4.   Subdivided: Preliminary and final plats of subdivision shall be submitted.

      5.   Yards: The yards required along the periphery of a planned residential development shall be at least equal in depth to those prescribed by the regulations which would otherwise apply to the type(s) of use proposed for the planned residential development. The village may approve greater setbacks from the boundary line of a planned residential development when determined necessary to protect the privacy of residents in either an existing, or any other proposed, subdivision.

      6.   Landscaping: At a minimum, the proposed planned residential development shall conform to the landscaping requirements set forth in chapter 7, “Subdivision Regulations,” of this code. The village may approve landscaping features in excess of said standards where determined necessary to achieve the objectives set forth in this article.

      7.   Trails: Paths and/or trails for hiking, biking, equestrian or other use should be constructed in residential areas, and as connections to natural features. In addition, paths and/or trails should be provided for convenient access for pedestrians between residential areas.

      8.   Public Streets:

         a.   Except as provided in subsection B8b of this section, all streets shall be publicly dedicated, and constructed in accordance with applicable standards contained in the village's subdivision code, as may be amended from time to time.

         b.   The village may approve reduced rights of way or pavement width in residential areas if it is determined to be appropriate to foster the rural character of the subject area, to preserve natural features, or for other good reason.

         c.   In any residential areas, cross connections to adjacent tracts of land, and to existing road stubs, should be provided.

      9.   Vehicular Access: Points of vehicular ingress and egress to the planned residential development site shall be designed to maintain the safety and operational efficiency of the village's streets. Cross access (at least, by road stubs) between the planned residential development and outside properties shall be provided where feasible.

      10.   Size Of Development: The minimum size for a planned residential development is fifty (50) acres.

      11.   Underground Utilities: All utilities (including electric, telephone, gas and cable television) shall be installed underground.

      12.   Tree Replacement: The petitioner should evidence substantial compliance with the village's tree replacement policy.

      13.   Preliminary Approval: Preliminary approval of a planned residential development by the village board shall be null and void, in the event that the petitioner has failed to submit for and diligently pursue approval of a final development plan for at least one phase of the proposed development within twelve (12) months of the date of approval of the preliminary plan.

      14.   Completion: Construction of the planned residential development shall be substantially completed within the period of time proposed by the petitioner and established in the development ordinance, provided, the petitioner may request and the board of trustees may approve an extension of time for good cause shown. In general, each phase of a planned residential development should be completed within two (2) years of the date of approval of the final plat for such phase; the board of trustees may allow a longer time, when the scope or complexity of the development may require it.

      15.   Compliance with Zoning or Other Codes and Ordinances: Where there is a conflict between the provisions of this article and any other provision or provisions of this code, the provisions of this article shall prevail. Except as otherwise set forth herein, all other applicable village code provisions shall apply to the planned residential development.

      16.   Exceptions: The Planning and Zoning Commission may recommend, and the village board may approve, exceptions to the standards and criteria set forth in this article when determined by the village to be necessary to achieve the planning objectives set forth in this article. (Ord. 05-02, 2-10-2005; amd. Ord. 21-15, 4-15-2021)

   A.   Open Space/Greenbelt: Open space shall be provided for village residents in the form of parks, greenbelts, open space and recreational facilities, consistent with regulatory and policy directives of the village and the provisions of this article.

      1.   Unless otherwise recommended by the Planning and Zoning Commission and approved by the village board, or unless otherwise provided by annexation agreement, not less than forty percent (40%) of the land within a planned residential development shall be designated as open space, greenbelt and/or recreational facilities.

      2.   The land described in subsection A.1. of this section shall be credited against any requirement for the dedication of land, or payment of cash in lieu thereof, otherwise required to be dedicated or paid for public use pursuant to the village code or policy.

      3.   Where parks and greenbelts illustrated on the village's comprehensive land use plan are located in any proposed planned residential development, the village may require dedication of the land necessary for such parks or greenbelts. In the alternative, the village may require contributions of cash in lieu of dedication of such land.

      4.   Unless otherwise prescribed by the village, designated open space, greenbelts or public recreational facilities reserved under a planned residential development shall be held and maintained by a homeowners' association, until conveyed to a public authority approved by the village board. Such designated open space shall be for the benefit and use of all village residents.

      5.   All designated open space, greenbelts and/or recreational facilities shall be dedicated as open space in perpetuity, and shall be so designated in the development ordinance and final plat of subdivision recorded for the planned residential development.

      6.   Any cost of improving open space or greenbelts, or constructing recreational facilities proposed as part of a planned residential development, shall be included in the letter of credit or other surety required for the public or quasi-public improvements as more fully described in the village's subdivision code.

      7.   Open space shall be suitably improved for its intended use; provided, natural features contained within any proposed open space deemed, in the sole judgment of the village, to be worthy of preservation, may be left unimproved.

      8.   No portion of a planned residential development shall be conveyed as public open space, greenbelt or recreation to any public body except as approved by the village board.

      9.   For the purposes of this article, recreational facilities and open space provided as part of the planned residential development shall include, but not be limited to, the following:

         a.   Park.

         b.   Greenbelt.

         c.   Golf course.

         d.   Swimming pool.

         e.   Community center.

         f.   Health club.

         g.   Tennis court.

         h.   Jogging/hiking trail.

         i.   Physical fitness course.

         j.   Conservation area.

         k.   School.

         l.   Municipal use area.

         m.   Wildlife habitat/native plant preservation area.

         n.   Mature stands of trees to be preserved.

      10.   Not less than thirty percent (30%) of the total open space of any planned residential development shall be unencumbered by environmental resources such as wetlands, streams, floodplains, floodways, creeks, or the like that render such space unusable for active recreation purposes. Conversely, not more than seventy percent (70%) of the total open space of any planned residential development shall consist of an area or areas encumbered by such environmental resources.

   B.   Density Shift: Density within designated areas of a planned residential development may be established taking into consideration open space and/or recreational facilities provided under this section, subject to the limitation that in no event shall the maximum density in the development exceed 1.75 dwelling units per acre of the total gross area of the entire development.

   C.   Lot Size; Density: For purposes of calculating density, and unless otherwise recommended by the Planning and Zoning Commission and approved by the board of trustees, actual lot size shall be as provided in the ordinance approving the planned residential development. Provided, notwithstanding the above, the Planning and Zoning Commission may recommend and the board of trustees may require minimum lot sizes that are larger than the minimum otherwise specified elsewhere in the village zoning regulations, if in the sole judgment of the village, deemed necessary or advisable to achieve the objectives of the comprehensive plan or those of this article.

   D.   Design: Dwellings in all planned residential developments shall be designed to blend with the landscape of which they are a part. Both visual and acoustical privacy for residents shall be provided by means of site and architectural design. The village may establish architectural controls as guidelines and standards for planned residential developments. (Ord. 05-02, 2-10-2005; amd. Ord. 21-15, 4-15-2021)

   A.   Filing: A petition for establishment of a planned residential development district shall be filed with the village clerk.

   B.   Preapplication Conference: No petition shall be accepted by the clerk unless and until a preapplication conference shall have been conducted with such village consultants, and other representatives of the village, as are from time to time designated for such purpose by the village president.

      1.   The preapplication conference shall be for the purpose of reviewing the proposed planned residential development in light of the village's comprehensive plan, the existing zoning and land use in the general area of the development, proposed land uses in the planned residential development, existing facilities for municipal services, the village's planning and zoning objectives, and other pertinent factors.

      2.   The applicant shall present a sketch plan, showing the boundaries of the property, relationship to existing highways and streets, proposed layout of major streets, significant land features, and existing buildings.

      3.   The prospective applicant shall also provide a written statement describing the following:

         a.   Statement of ownership, including:

            (1)   Disclosure of interest.

            (2)   Letter of authorization.

            (3)   Identification of owners of beneficial interest.

            (4)   Title insurance policy, or most recent deed of record.

         b.   A description of contiguity (if the territory is subject to annexation).

         c.   The proposed land uses, residential lot sizes and residential density.

         d.   Water supply and wastewater transmission and treatment services.

         e.   Other significant features of the proposed planned residential development.

         f.   Preliminary implementation schedule.

      4.   The applicant shall provide to the village clerk not less than six (6) copies of the sketch plan and the written statement prior to the preapplication conference.

      5.   The prospective applicant shall comply with the village policy as established from time to time regarding deposit of funds as security for payment or reimbursement of consultant fees incurred by the village prior to the preapplication conference.

      6.   The conference shall constitute an informal discussion regarding the proposal, and shall not be held to result in any commitment by or be deemed binding on the village, but shall be for the guidance of the prospective applicant.

      7.   The village may, at its discretion, require plans and supporting documentation to be revised before referring the matter to the Planning & Zoning Commission and the village board for concept plan review; and may require additional meetings between the prospective applicant and the village, to assure that the proposed planned residential development conforms, to the maximum extent possible, with applicable provisions, goals, and policies of the village.

   C.   Concept Plan: A concept plan for the development shall be filed with the village clerk as part of the petition for establishment of a planned residential development district. The applicant shall provide the village not less than twenty (20) copies of the concept plan upon filing.

      1.   The purpose of the concept plan is to enable the applicant to obtain the opinions and comments of the village board and Planning and Zoning Commission before incurring considerable time and expense in the preparation of a detailed preliminary plan for the proposed development.

      2.   The Planning and Zoning Commission shall review the concept plan, and recommend approval, approval with conditions, or disapproval of the concept plan, and forward said recommendation together with any pertinent comments to the board of trustees.

      3.   No formal action shall be taken by the board of trustees in regard to any concept plan; but the board shall make such comments upon the concept plan, and the recommendation of the Planning and Zoning Commission, as it deems necessary and advisable for the guidance of the applicant.

      4.   The board of trustees may accept as a concept plan under these regulations a concept plan approved prior to the adoption of these regulations, and the developer may proceed to submit a preliminary development plan for approval. Further, such preliminary development plan shall be filed within six (6) months of the date of adoption of these regulations, for purposes of subsection D of this section.

   D.   Filing of Plan: The applicant may thereafter file with the village clerk a preliminary development plan, provided any such preliminary development plan shall be so filed not later than six (6) months after the last date of consideration of the concept plan by the board of trustees at one of its meetings. The applicant shall provide the village with not less than twenty seven (27) copies of the preliminary development plan upon filing. All required materials shall be included in the submittal; and the submittal shall be delivered to the village clerk not less than twenty one (21) days prior to the meeting of the Planning & Zoning Commission at which the submittals shall first be considered.

      1.   The purpose of the preliminary development plan is to obtain approval from the village that the plan, design, and program for the development are acceptable, and the petitioner may proceed on that basis to final planning. The preliminary development plan is a relatively detailed submission that assures the petitioner that he can proceed to prepare a final development plan with the assurance that any final development plan that substantially conforms to the preliminary development plan will be approved by the village.

      2.   The chair of the Planning and Zoning Commission shall first determine if the materials submitted are complete in accord with the requirements of this article. If the submittal is incomplete then the chair shall inform the petitioner in writing as to the deficiencies in the documents and information to complete the submittal so as to warrant further village review. Upon receipt of complete materials, the matter shall be scheduled for public hearing in accordance with this subsection.

      3.   The village engineer shall prepare a report which shall evaluate the proposed planned residential development for compliance with applicable codes and ordinances; the village may also request such reports from the village attorney or other village consultants. The village shall make such reports available to the petitioner prior to the meeting.

      4.   A preliminary development plan shall include the various items required to be included in a preliminary plan under subsection 7-2-3B of this code, and the following information and/or documentation:

         a.   Narrative statement of the planning objectives met by the proposed planned residential development, including a description of its character, the rationale behind the plan, a statement of conformance with the objectives and standards for a planned residential development as set forth in this article; and a statement of conformance with the comprehensive plan of the village.

         b.   Development schedule indicating the approximate date when construction of the planned residential development or its various stages can be expected to begin and be completed.

         c.   General analysis of the impact of the development on traffic facilities.

         d.   General analysis of the impact of the development on municipal utilities.

         e.   Data sheet containing the following:

            (1)   Net acreages devoted to each proposed land use type, including, but not limited to, parks, open space, and streets;

            (2)   Total number and types of proposed dwelling units, including range of square footage, anticipated bedroom mix, and estimated selling price of dwelling units, if applicable;

            (3)   Estimated population by housing type broken into elementary school, middle school, high school, and adult groupings, having reference to the table of ultimate estimated population utilized by the village at the time of application (see chapter 14 of this code);

            (4)   Existing improvements, including the location, widths and names of all existing or previously platted streets or other rights of way showing type of improvement (if any); railroad and utility rights of way; parks and other public open spaces; buildings and structures; historic sites; and landmarks.

         f.   Miscellaneous information required as follows:

            (1)   Draft of proposed annexation agreement, if applicable;

            (2)   Architectural elevations for all proposed housing types;

            (3)   General landscape plan indicating the treatment of common open spaces and the location of required buffer areas.

         g.   A list of variations from the standards established by the zoning regulations which would otherwise apply for each type of proposed land use.

         h.   Any additional information requested by the village to evaluate the character and impact of the proposed planned residential development.

   E.   Petition For Establishment: The procedure for action on a petition for establishment of a planned residential development district, and approval of a preliminary development plan, before the Planning and Zoning Commission, and board of trustees shall be as follows:

      1.   The Planning and Zoning Commission, within forty-five (45) days after a complete petition for establishment of a planned residential development district, and for approval of a preliminary development plan, has been filed with the Village Clerk, or within such time as may be agreed by the applicant, conduct a public hearing to consider all aspects of the petition, and the preliminary development plan, including all proposed stages and/or units of development.

         a.   Notice of the time and place of said public hearing shall be given not less than fifteen (15) nor more than thirty (30) days before said hearing, by publishing a notice thereof in a newspaper published or generally circulated in the village; and by posting notice thereof on the subject property in accordance with the requirements of subsection 6-14-3G6 of this chapter.

         b.   Within forty-five (45) days after the public hearing on such plan, the Planning and Zoning Commission shall prepare and transmit to the village board and to the applicant the following:

            (1)   Specific findings of fact with respect to the extent to which the petition and the preliminary development plan, and each of them, complies with the standards set out in this article; and

            (2)   Recommendations to the village board with respect to the action to be taken on the petition and the preliminary development plan.

      2.   The plan commission may recommend disapproval, approval, or approval with amendments, conditions or restrictions as to the petition, and the preliminary development plan.

      3.   The zoning board of appeals shall, within forty five (45) days after receiving the findings and recommendations of the plan commission, conduct a public hearing to consider all aspects of the petition, and the preliminary development plan, including all proposed stages and/or units of development.

         a.   Notice of the time and place of said public hearing shall be given not less than fifteen (15) nor more than thirty (30) days before said hearing, by publishing a notice thereof in a newspaper published or generally circulated in the village; and by posting notice thereof on the subject property in accordance with the requirements of subsection 6-14-3G6 of this chapter.

         b.   Within forty five (45) days after the public hearing on such plan, the zoning board of appeals shall prepare and transmit to the village board and to the applicant the following:

            (1)   Specific findings of fact with respect to the extent to which the petition and the preliminary development plan, and each of them, complies with the standards set out in this article; and

            (2)   Recommendations to the village board with respect to the action to be taken on the petition and the preliminary development plan.

      4.   The Planning and Zoning Commission may recommend disapproval, approval, or approval with amendments, conditions or restrictions as to the petition and the preliminary development plan.

      5.   At the discretion of the village board, the public hearing before the plan commission, and the public hearing before the zoning board of appeals, described in this section, may be combined for purposes of taking comment, and a joint public hearing may be conducted for that purpose; provided, the plan commission shall make its recommendation and forward same to the zoning board of appeals prior to the time that the zoning board of appeals shall consider the petition and make its recommendation to the village board.

      6.   The village board shall approve, approve with conditions, or disapprove the petition, and the preliminary development plan, within sixty (60) days after it receives the findings and recommendations of the Planning and Zoning Commission, unless said time is extended by mutual consent of the village board and applicant.

      7.   Approval by the board of trustees of the preliminary development plan shall constitute acceptance of the planned residential development, subject to approval of final development plan(s) as provided below. Approval of the preliminary development plan by the village board shall be effective for a period of twenty four (24) months, provided the village board may allow a longer period of time or waive the time requirement in its entirety. (Ord. 05-02, 2-10-2005; amd. Ord. 21-15, 4-15-2021)

   A.   The developer shall file an application for approval of a final development plan with the village. The applicant shall provide the village with not less than twenty (20) copies of the final development plan upon filing.

   B.   The application for final development plan shall include the following information, and any additional information that is pertinent to the proposed development, including information relating to any modifications to the preliminary development plan as the board of trustees may have deemed necessary or advisable and shall have specified in its approval of the preliminary development plan; and all information shall be presented on acceptable reproducible material:

      1.   Final development plat information, as set forth in subsection 7-2-4B of this code.

      2.   Detailed engineering plans and specifications for the development improvements, including, but not limited to, land grading, site preparation, streets, utilities, drainage, and any other requirements of the village's subdivision regulations as set forth in subsection 7-2-4C of this code.

      3.   Proof that the developer has acquired legal title to all land within the proposed development, is the contract purchaser of the land, or that the land is otherwise under unified control;

      4.   Articles of incorporation and bylaws for any property owners' association to be established;

      5.   Restrictive covenants and other legal instruments deemed necessary to guarantee the proper upkeep and use of the common open space and recreational facilities therein; and

      6.   Restrictive covenants whereby the owner proposes to regulate and maintain land uses in general, and other features, of the proposed development.

      7.   Performance guarantee in compliance with subsection 7-2-4D of this code and applicable law.

   C.   The application for approval of final development plan shall be in substantial compliance with the preliminary development plan as approved. The application may request approval of a final development plan for all or any phase of the development; provided:

      1.   A final development plan for the first phase of the development shall have been submitted for approval no later than twelve (12) months after the approval of the preliminary development plan; and

      2.   A final development plan or plans covering the entire area of the planned residential development shall have been submitted to the village for approval in accord with any time limitations established as a condition for approval of the preliminary development plan, or not later than twenty (20) years after the date of approval of the preliminary development plan, whichever is later.

      3.   Upon application of the owner and/or developer of the subject property, the board of trustees may at any time and from time to time extend the period of time for such submission(s).

   D.   The Planning and Zoning Commission shall consider the application for approval of the final development plan:

      1.   If the final development plan is in substantial compliance with the preliminary development plan, and the application for final approval has been filed with such supporting materials as the village requires, the Planning and Zoning Commission shall, within thirty (30) days of such filing, consider the final development plan and at such time or as soon thereafter as is practicable recommend approval thereof.

      2.   If the final development plan is not in substantial compliance with the preliminary development plan as approved, a public hearing to consider the final development plan shall be held before the Planning and Zoning Commission.

         a.   Any modification in the location of streets, facilities for water supply or wastewater treatment, or facilities for storm water detention, retention or conveyance shall not be considered to be a substantial change, and no public hearing shall be required as to any such modification, unless such modification results in a reduction in the availability of streets or such facilities in the proposed development area.

         b.   Following such public hearing, the Planning and Zoning Commission shall recommend approval, approval with conditions, or disapproval of the final development plan, and forward said recommendation to the board of trustees.

   E.   Within forty five (45) days after receiving findings and recommendations from the Planning and Zoning Commission, the village board shall review and approve any final development plan which is in substantial compliance with the preliminary development plan. If the final development plan is not in substantial compliance with the preliminary development plan, the board of trustees shall review and approve, approve with conditions, or disapprove the proposed final development plan.

      1.   The village may require, as a condition for its approval of any final development plan, that:

         a.   The final development plan must bear on its face the name of its preparer, the date of preparation, and the date of any revisions;

         b.   The final development plan must be accompanied by final engineering plans and specifications, and an estimate of costs for any and all public improvements shown in the final development plan, which estimate shall be subject to the reasonable approval of the village engineer;

         c.   The final development plan must be accompanied by an appropriate completion bond, irrevocable letter of credit, or cash, in accord with the requirements specified by subsection 7-2-4D of this code;

         d.   The final development plan and all development pursuant to the final development plan shall be in compliance with all other applicable codes, regulations, statutes and laws pertaining to the proposed development.

   F.   Any planned residential development shall be developed only in substantial compliance with the final development plan approved by the board of trustees. (Ord. 05-02, 2-10-2005; amd. Ord. 21-15, 4-15-2021)

The owner and/or developer of any planned residential development shall, unless expressly relieved of the obligation by the corporate authorities, make such contributions of cash, land, or combination thereof, as shall satisfy the provisions of any annexation agreement, development agreement, or other agreement concerning the subject property in regard thereto, and/or the requirements of chapter 14 of this code, as the case may be. (Ord. 05-02, 2-10-2005; amd. Ord. 21-15, 4-15-2021)

A preliminary or final development plan may be amended, upon request of the owner and/or developer of the subject property, but only after a public hearing has been held and a recommendation has been made by the Planning and Zoning Commission, and after review and approval by the board of trustees, pursuant to the provisions of this article. (Ord. 05-02, 2-10-2005; amd. Ord. 21-15, 4-15-2021)

If no construction of the improvements included in the final development plan shall have commenced within two (2) years after the date of approval of said plan, and thereafter in accord with any time limitations which may have been included in the conditions for approval of the final development plan, the zoning administrator of the village may file with the village clerk an application for a map amendment reclassifying the subject property from planned residential development district to the most restrictive zoning district that is consistent with the goals, objectives, and policies of the comprehensive plan, as determined by the zoning administrator; and the application for such amendment shall be considered by the village in accord with the requirements of subsection 6-14-3G of this chapter. In addition, the board of trustees may by resolution duly enacted revoke the approval of the final development plan under such circumstances. The board of trustees may, in its approval of the preliminary development plan, amend or eliminate the requirement of this section as it deems necessary or advisable in light of the scope of the planned residential development. (Ord. 05-02, 2-10-2005)