This Chapter is enacted for the following purposes:

   A.   To encourage the most orderly development of properties through advance planning and thus assure adequate standards for the development of residential neighborhoods;

   B.   To provide regulations to encourage a variety of dwelling types;

   C.   To assure adequate open space;

   D.   To protect residential areas from undue traffic congestion;

   E.   To protect residential areas from the intrusion of business, industrial and other land uses that may create an adverse effect upon the living environment;

and thus promote the general welfare of the community. (Ord. 381-87, 6-9-87)

The basic provisions and requirements concerning planned unit development are as follows: the subdivision, development and use of land containing ten (10) or more acres as an integral unit, combining more than one primary land use and which may provide for one-family residential, multiple-family residential, education, business, commercial, industrial, recreational, park and common use areas may be described as planned unit development.

   A.   In its establishment and authorization as a special use, in addition to the foregoing provisions, the following procedures, requirements, restrictions, standards and conditions shall be observed.

   B.   The planned unit development may be excluded from the provisions of the subdivision regulations 1 and of this Title to the extent specified in the final authorization of the planned unit development. (Ord. 381-87, 6-9-87)

   A.   Pre-Application Conference: A pre-application conference shall be held with the Plan Commission. At such conference, the applicant shall provide information as to the location of the proposed planned development, the uses, and approximate area of use for each use category; a list of any and all exceptions to the subdivision regulations and this Title, and any other information necessary to clearly explain the planned development to the Plan Commission.

   B.   The Plan Commission shall review and consider the proposed plan as to its compatibility with the Comprehensive Plan and the goals and policies for planning of the Village and advise the applicant on the information, documents, exhibits, drawings and any limitations on the proposal that should be included in the application to the Village for a special use permit for planned development. (Ord. 381-87, 6-9-87)

The applicant shall request the special use permit, by letter addressed to the Village Board, to be placed on the agenda of the meeting of the Plan Commission for a preliminary discussion of the proposed planned development, and the Plan Commission shall consider the proposed planned development at such meeting, which may be continued from time to time. The applicant shall present such exhibits and written information as may be necessary to fully acquaint the Plan Commission with the proposed development which shall include, but not necessarily be limited to, the following:

   A.   The map or maps which shall be included as part of the application shall be drawn at a scale of one hundred feet to the inch (1" = 100'), or if the area of the site is more than two hundred (200) acres, two hundred feet to the inch (1" = 200'). The following information shall be shown:

      1.   Boundary Survey: A boundary line survey of the subject site which shall be prepared and certified by a registered land surveyor.

      2.   Topography: The existing topographic character of the land with contours shown at intervals no greater than five feet (5'). Topographic data shall refer to the USGS North American Datum - Mean Sea Level Elevation.

      3.   Site Analysis: A detailed site analysis of the property in question, which shall show the following information:

         a.   Physical Factors Information:

            (1)   Existing land uses both on the site and immediately adjacent to it;

            (2)   Scenic views;

            (3)   Wooded areas;

            (4)   Soil problem areas based upon a soil survey of the site to include a report from the Soil Conservation Service. Additional soil information may be requested by the Plan Commission and/or the Village Engineer;

            (5)   Portions of the site in any flood plain and/or flood plain fringe areas;

            (6)   Streams, drainage ditches, culverts and standing water;

            (7)   Isolated preservable trees six inches (6") or more in diameter at one foot (1') above ground level;

            (8)   General directions of the storm water runoff across the property.

         b.   Public utilities information, which shall show the location and size of any existing sanitary sewers, storm sewers and water lines both on the site and in easements and rights-of-way immediately adjacent to the site - gas, electric and telephone.

         c.   Other Information:

            (1)   Existing County and/or Municipal zoning on all parts of the site;

            (2)   Municipal corporate boundaries across and adjacent to the subject site;

            (3)   Utility easements across and adjacent to the subject site.

      4.   Land Use Plan: A proposed land use plan which shall be drawn upon a print of the topographic map for the site. The proposed land use plan shall contain the following information:

         a.   Identification and Description:

            (1)   Name of the planned unit development;

            (2)   Location of the subject site by section, town and range or by other approved legal description;

            (3)   Name and address of the site planner and/or engineer;

            (4)   Name and address of the owner and/or trust beneficiary or developer;

            (5)   Scale, northpoint and date.

         b.   Design features information, which shall show:

            (1)   Right-of-way alignments, widths and names of all streets. Such street names shall not duplicate the name of any street heretofore used in the Village or its environs unless such street is an extension of or is in line with an already named street in which event that name shall be used;

            (2)   The location of all multi-family or single-family attached buildings and structures;

            (3)   Off-street parking and service areas;

            (4)   All areas to be dedicated as common open space and all sites to be conveyed, dedicated or reserved for parks, playgrounds, school sites, public buildings, and similar public and quasi- public uses;

            (5)   The pedestrian circulation system, and parkway belt system or bicycle circulation system;

            (6)   All other information necessary to clearly show the proposed elements of the planned unit development.

      5.   Utility Plan: A proposed utility plan which shall be drawn on a print of the proposed land use plan. The proposed utility plan shall show the approximate location and dimensions of all sanitary sewer, storm sewer, and water lines for all proposed land uses, drainage ditches, culverts and water retention areas, as well as any utility easements. The utility plan shall be accompanied by a statement from the village engineer attesting to the capability of existing sewer systems to service the proposed development.

   B.   The written statement which shall be included as part of the application for approval of the preliminary plan shall contain the following information:

      1.   A statistical tabulation of the acreage amounts of all of the land uses proposed in the preliminary plan.

      2.   The type and number of dwelling units for any proposed residential land uses.

      3.   The stages in which the project will be built and the approximate dates when construction of each stage can be expected to begin and to end.

   C.   Other information may be requested if the plan commission finds that the planned unit development may create special problems for traffic, parking, landscaping and/or economic feasibility. Such information may include, but not be limited to, any of the following:

      1.   An off street parking and loading plan.

      2.   A traffic study indicating the volume of traffic to be generated by the planned unit development or this phase of it and proposing any special engineering design features and/or traffic regulation devices needed to ensure the proper safety of traffic circulation to, through and around the planned unit development or this phase of it.

      3.   Economic impact: A tax impact study detailing the impact which the planned unit development or this phase of it will have upon all taxing bodies. In addition, the expected number of students to be generated by any residential portion of it shall also be quantified.

      4.   A landscaping planting plan, indicating the height, size, location, quantities and variety of stock to be planted.

   D.   The procedure for approval of the preliminary plan shall be as follows:

      1.   The village board may refer the preliminary plan to the plan commission. The village board shall instruct the appropriate village departments and consultants to collaborate with the plan commission in reviewing the preliminary plan for the planned unit development for its compliance with these regulations and other ordinances of the village. Such collaboration may include meetings at which the developer shall meet with the village officials and consultants in order that the plan commission may have prior to its public hearing the informal recommendations of its experts.

      2.   The plan commission shall notify the applicant as to the time and place of the public hearing at which the applicant shall present his preliminary plan. The plan commission shall cause notice of such public hearing to be published in a manner approved by the village attorney for the plan commission for all special use permits and as required by statute. (Ord. 381-87, 6-9-1987)

      3.   The plan commission and the village board may utilize the services of the professional village consultants in arriving at recommendations or decisions. The applicant shall pay the village the cost incurred for the services rendered by its consultants in accordance with the village's form of draw down deposit agreement, as required by subsection 9-16-10C of this title. The consultants shall bill for their services at the same hourly rate which they normally charge municipal clients. The village consultants shall include, but not be limited to, the persons who provide the village with advice in the fields of engineering, law, planning, traffic, design and finance. (Ord. 1167-06, 5-15-2006; amd. Ord. 1352-10, 11-15-2010)

   E.   The plan commission shall proceed as quickly as possible in its review of the preliminary plan. Within no more than thirty (30) days after the final adjournment of the public hearing, the Plan Commission shall:

      1.   Approve or disapprove the preliminary plan and shall submit its written recommendation, which may include the recommendations of the Village Engineer, Village Planner and/or Village Attorney, to the Board of Trustees, with a copy being sent to the applicant; or

      2.   Advise the applicant in writing if the Plan Commission finds that changes, additions, or corrections are required in the preliminary plan. The applicant shall re-submit ten (10) copies of the revised preliminary plan for consideration of the Plan Commission at a continuation of or a new public hearing. The applicant shall do so without paying an additional filing fee. The Plan Commission shall submit its recommendations of the Village Engineer, Village Planner and/or Village Attorney, with a copy also being sent to the applicant.

   F.   The Village Board of Trustees shall accept or reject the preliminary plan within forty five (45) days after its next regular meeting following the receipt of the written recommendations of the Plan Commission. The applicant and the Village Board of Trustees may mutually agree to extend the forty five (45) day period.

      1.   If the preliminary plan is disapproved, the Village Board may state in writing the reasons for the disapproval, and such writing, if prepared, shall be filed with the Village Clerk and a copy shall be sent to the applicant.

      2.   If the preliminary plan is approved, the Village Board shall authorize the applicant to submit a final development plan for the planned unit development.

      3.   Within one year following the approval of the preliminary development plan, the applicant shall file with the Plan Commission, a final development plan completing in final form all information required as noted in this Section. (Ord. 381-87, 6-9-87)

   A.   Within one year following the approval of the preliminary development plan, the applicant shall file with the Plan Commission a final development plan containing in final form the information required in the preliminary plan. The final development plan shall also include the following:

      1.   A final land use plan, suitable for recording with the County Recorder of Deeds. The purpose of the final development plan is to designate the land subdivided into lots as well as the division of other lands not so treated, into common open areas and building areas and to designate and limit the specific internal uses of each building or structure, as well as of the land in general.

      2.   An accurate legal description of the entire area under immediate development within the planned development.

      3.   If subdivided lands are included in the planned development, a subdivision plat of all subdivided lands in the same form and meeting all the requirements of a normal subdivision plat, to the extent that compliance with the subdivision regulations of the Village shall be required.

      4.   An accurate legal description of each separate unsubdivided use area, including common open space.

      5.   Designation of the location of all buildings to be constructed, and a designation of the uses for which each building is designed.

      6.   Certificates, seals and signatures required for the dedication of land, and recording the document.

      7.   Tabulations of each separate unsubdivided use area, including land area and number of dwelling units per gross acre.

      8.   Landscaping plan.

      9.   Utilities and drainage plan.

      10.   Final agreements, bylaws, provisions or covenants which govern the use, maintenance, and continued protection of the planned development and any of its common open area or other common facilities.

      11.   Final development and construction schedule.

      12.   Final architectural plans.

      13.   Final engineering drawings.

   B.   The final development plan shall be approved as follows:

      1.   The Plan Commission shall review the final development plan within thirty five (35) days of its submission and shall recommend approval if it is in substantial compliance with the preliminary development plan. The Plan Commission shall certify to the Board of Trustees that the final development plan is in conformity with the previously approved preliminary development plan.

      2.   If the Plan Commission finds that the final plan is substantially changed from the approved preliminary plan, the Plan Commission shall recommend to the Village Board that a new public hearing be held in conformance with the procedures for approval of the preliminary plan.

      3.   The Board of Trustees, after receipt of the recommendation of the Plan Commission, shall itself review the final development plan and shall, if it is in conformity with the preliminary development plan, authorize issuance of special use permits. If the final development plan is held not to be in conformity with the preliminary development plan, the Village Board shall inform the applicant with regard to the specific areas found to be not in compliance. (Ord. 381-87, 6-9-87)

   A.   After the approval of the final plan, the use of land and the construction, modification or alteration of any buildings or structures within the planned unit development will be governed by the approved final plan, rather than by any other provisions of this Title.

   B.   No changes may be made in the approved final plan except upon application to the appropriate agency according to the following procedures:

      1.   During the construction of the planned unit development, the procedure shall be as follows:

         a.   Minor changes in the location, siting, and height of buildings and structures and in the location of streets and ways of public access and in the size and location of open space, may be authorized by the Plan Commission as required by engineering or other circumstances not foreseen at the time that the final plat was approved.

         b.   All changes in land uses, any rearrangement of lots, blocks, and building tracts, any major changes in the provisions for common open space and all other changes in approved final plan must be made by the Village Board of Trustees, under the procedures authorized by this Title for the amendment to the Zoning Map.

         c.   Any changes which are approved for the final plat must be recorded as amendments to the recorded copy of the final plat. If changes are allowed in a final site plan a new site plan reflecting such changes shall be filed with the Village.

      2.   After the completion of the construction of the planned unit development, the procedure shall be as follows:

         a.   Any minor extensions, alterations, or modifications of existing buildings or structures may be recommended by the Plan Commission if they are consistent with the purpose and intent of the final plat.

         b.   Any building or structure that is totally or substantially destroyed may be reconstructed only in compliance with the final plat unless an amendment to the final plat is approved following the procedures for the amendment of Zoning Map.

         c.   All other changes in the final plan must be made by the Village Board of Trustees, under the procedure authorized by this Title for the amendment of the Zoning Map. No changes may be made in the final plan unless they are required for the continued successful functioning of the planned unit development, or unless they are required by changes in conditions that have occurred since the final plan was approved or by changes in the development policy of the Village. (Ord. 381-87, 6-9-87)

No planned unit development shall be authorized unless the Plan Commission shall find and recommend, in addition to those standards established herein for special uses, that the following standards will be met:

   A.   General:

      1.   The uses permitted by such exceptions as may be requested or recommended are necessary or desirable and appropriate to the purpose of the development.

      2.   The uses permitted in such development are not of such nature or so located as to exercise an undue detrimental influence or effect upon the surrounding neighborhood.

      3.   That any industrial park areas established in the planned unit development conform to all requirement therefor as set forth elsewhere in this Title.

      4.   That all minimum requirements pertaining to commercial, residential, institutional, or other uses established in the planned unit development shall be subject to the requirements for each individual classification as established elsewhere in this Title, except as may be specifically varied in the ordinance granting and establishing a planned unit development use.

      5.   When private streets and common driveways are made a part of the planned unit development or private common open space or recreation facilities are provided, the applicant shall submit, as part of the application, the method and arrangement whereby these private facilities shall be operated and maintained. Such arrangements for operating and maintaining private facilities shall be subject to the approval of the Village Board.

   B.   Residential:

      1.   Residential density for a planned unit development shall not be greater than the recommended density, as shown in this Title for the Village, nor shall any lot to be used for residential purposes be less in area or dimension than that required by the district regulations applicable to the district in which the planned unit development is located, except that the Plan Commission may recommend and the Village Board may grant a reduction in such lot area and dimension, but not more than fifteen percent (15%) when the planned unit development provides common open space equal to not less than ten percent (10%) of the gross area of the planned unit development.

      2.   Business uses may be included as part of a planned residential development when the Plan Commission finds that such business uses are beneficial to the overall planned unit development and will not be injurious to adjacent or neighboring properties. Such business uses shall not be greater in area than ten percent (10%) of the planned unit development.

      3.   The open areas provided in the part of the planned development containing only residential structures shall be preserved over the life of the planned unit development for use only by the residents of the planned development.

      4.   For that part of a planned development devoted to residential uses, the Plan Commission may recommend and the Village Board of Trustees may approve, access to a dwelling by a driveway or pedestrian walk easement, and spacing between buildings of lesser widths or depths than required by district regulation for the district in which the planned development is located, provided:

         a.   That adequate provisions are made which perpetuate during the period of the special use, access easements and off-street parking spaces for use by the residents of the dwelling served;

         b.   The spacing between buildings shall be approved by the Plan Commission and shall be consistent with the application of recognized site planning principles for securing a unified development, and due consideration is given to the openness normally afforded by intervening streets.

         c.   The yards for principal buildings along the periphery of the development shall be not less in width or depth than required for permitted uses in the district regulations applicable to the districts in which the planned development is located; and the plan is developed to afford adequate protection to neighboring properties as recommended by the Village Board of Trustees.

   C.   Cluster Subdivision: In any one-family cluster subdivision, the Plan Commission may recommend and the Village Board may authorize the following exceptions to the regulations of the district in which the cluster subdivision is permitted as a special use:

      1.   A reduction of the lot area by not more than five percent (5%) and in no case shall the lot area be less than twenty thousand (20,000) square feet.

      2.   A reduction of the lot width to:

      100 feet in the R-1 District

      90 feet in the R-2 District

      3.   Lot Area:

         a.   That in the part of the planned development containing only residential uses, the minimum lot area per dwelling unit may be not more than five percent (5%) less than that required for permitted uses in the district regulations applicable to the district in which the planned development is located.

         b.   Reduction of such lot area be recommended by the Plan Commission and approved by the Village Board only where there is contained within the planned development permanent open area, the area and location of which shall meet with the approval of the Commission, and that such open space shall not be less than that which would pertain if developed on individual lots.

         c.   Such open areas shall be preserved over the life of the planned development, for use only by the residents of the planned development or dedicated to the Village for school, park, playground or other public uses.

      4.   That in a planned development devoted to residential use, the Plan Commission may recommend and the Village Board may approve, access to a dwelling by a driveway or pedestrian walk easement; however, off-street parking facilities for such dwellings shall be located not more than two hundred feet (200') from the dwelling served; yards of lesser widths or depths than required for permitted uses in the district regulations applicable to the district in which the planned development is located; provided:

         a.   That protective covenants are recorded which perpetuate access easements and off-street parking spaces for use by the residents of the dwellings served;

         b.   That spacing between buildings shall be consistent with the application of recognized site planning principles for securing a unified development and due consideration is given to the openness normally afforded by intervening streets and alleys;

         c.   Spacing between principal buildings within a part of a planned development shall be equivalent to such spacing as would be required between buildings by district regulations for the district in which it is located.

      5.   That in a planned business development, the following additional requirements are hereby specified:

         a.   All buildings shall be set back not less than thirty feet (30') from all streets bounding the site;

         b.   Required off-street parking space shall be provided in the ratio of not less than ten (10) parking spaces for every one thousand (1,000) square feet of gross floor area;

         c.   All walks within the planned development shall be paved with a hard surfaced material meeting the specifications of the Village Engineer;

         d.   Any part of the planned development not used for buildings, loading and accessways, shall be attractively landscaped with grass, trees, shrubs or pedestrian walkways, according to a landscape plan, as approved by the Plan Commission;

         e.   The buildings in the planned development shall be planned and designed as a unified and single project.

   D.   Variations of Minimum Requirements:

      1.   Wherever the applicant proposes to provide and set out, by platting, deed, dedication, restriction or covenant, and land or space separate from one-family or multi-family residential districts to be used for parks, playgrounds, commons, greenways or open areas, the Plan Commission may consider and recommend to the Village Board and the Village Board may vary the applicable minimum requirements of the subdivision regulations and this Title which may include, but not necessarily be limited to, the following:

         a.   Rear year

         b.   Side yard

         c.   Lot area

         d.   Bulk

         e.   Intensity of use

         f.   Street width

         g.   Sidewalks

         h.   Public utilities

         i.   Off-street parking

      2.   Business:

         a.   Business uses shall be as prescribed by the Plan Commission.

         b.   All business and storage of materials shall be conducted or stored within a completely enclosed building.

         c.   Not more than thirty percent (30%) of the lot area shall be covered by buildings or structures.

         d.   At least ten percent (10%) of the lot shall be provided for landscape and open space purposes.

         e.   No building shall be more than thirty five feet (35') in height.

         f.   No dwelling shall be permitted in a planned business development.

         g.   Off street parking shall be provided and maintained on the same lot based upon three (3) square feet of parking space for each square foot of gross floor area unless the plan commission recommends and the village board requires additional off street parking space.

         h.   Service and loading and unloading facilities shall be provided as recommended and approved by the plan commission.

         i.   No building shall be located nearer than fifty feet (50') to any street line.

         j.   Business developments shall be adequately screened by fencing or landscaping or both along the boundaries of adjacent residential, public open space, schools, churches or other similar uses. The screen planting shall be prepared by a landscape architect and shall meet the approval of the plan commission.

         k.   Outdoor lighting shall be so designed in accordance with the provisions outlined in Section 9-19.

         l.   Signs shall comply with the regulation of the B retail business/commercial uses permitted in this title.

      3.   Industrial:

         a.   The standards for industrial areas in a planned unit development shall conform to the applicable standards in this title for industrial areas.

         b.   At least twenty percent (20%) of the industrial land use areas shall be reserved for landscape and open space purposes.

   E.   Conditions And Guarantees: Prior to granting any special uses, the plan commission may recommend, and the village board shall stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use as deemed necessary for the protection and requirements specified herein or as may be from time to time required. In all cases in which special uses are granted, the village board shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with.

   F.   Effect Of Denial Of A Special Use: After a public hearing, no application for a special use which has been denied wholly or in part by the village board shall be resubmitted for a period of one year from the date of said order of denial, except on the grounds of substantial new evidence or proof of changed conditions found to be valid by the plan commission and the village board.

   G.   Termination Of Special Use Permit: If work on the proposed development has not begun within twenty four (24) months from the date of the authorization, the special use permit shall become null and void and all rights thereunder shall lapse. (Ord. 381-87, 6-9-1987; amd. Ord. 1314-10, 1-19-2010; Ord. 1965-19, 9-23-2019)