This section is intended to provide the means and guidelines through which tracts of land may be developed through a comprehensive approach, rather than the traditional lot-by-lot treatment afforded by other districts in this ordinance. It is intended to provide a maximum of design freedom by permitting the developer an opportunity to more fully utilize the physical characteristics of the site through the reduction of lot sizes, yards, height and bulk restrictions and mixing of uses. Through the requirement of a development plan, it is the intent that property under this section will be developed through a unified design, providing contiguity between the various elements, and ultimately leading to a better environment. Increased densities may be permitted under this section if such increases can be substantiated on the basis that the superior site design makes greater densities possible, with no reduction of amenities, and keeping with the village desire to provide a wide range of open space opportunities to serve local park and recreation facilities for active and passive use.

This section is not intended to be a device for making increased densities more acceptable, or as a means of circumventing the village's bulk regulations or standards. This section should only be employed in instances where a benefit for the community can truly be derived from its use. The planned unit development (PUD) is intended to provide for developments incorporating a single type or a variety of related uses that are planned and developed as a unit. Such development may consist of conventionally subdivided lots, or provide for development by a planned unit development plan, in keeping with the purpose of the comprehensive plan of the Village of Hinckley. Whenever an official of the village is referenced herein and that position has not been filled, the reference shall be to the village president.

1.

The purpose of the planned unit development provisions which follow is to promote efficient land patterns which provide site amenities; secure large parcels of permanent open space, characteristic of Hinckley's existing semi-rural environment; and preserve trees, wetlands and other natural resources.

2.

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 Hinckley's Conventional Zoning and Subdivision Control Ordinance provisions.

3.

Implementation of this article will result in efficient land patterns and, therefore, more economical land development, that:

a.

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

b.

Promotes more efficient land patterns, which not only preserve open space and natural resources, but also provide for more economical networks of utilities, streets and other facilities;

c.

Promotes diverse, high quality, residential environments, which include a mixture of dwelling unit types;

d.

Promotes a land use pattern with a mixture of residential and nonresidential uses that will mutually support each other;

e.

Provides for the permanent preservation of open space for the continued use and enjoyment of residents of each subdivision and the village;

f.

Provides usable and suitably located public and private recreational facilities;

g.

Encourages developers to provide amenities that enhance the quality of life, both within the planned unit development, as well as within the community as a whole;

h.

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

i.

Allows more than one building per zoning lot, when determined to be of benefit to the residents of a proposed subdivision; and

j.

Allows the creation of a mixed use residential, business or industrial planned unit development, pursuant to criteria set forth in this article.

1.

Elective. Any owner of property or a developer or contract purchaser with the permission of the owner, who wishes to develop his or her property as a PUD may voluntarily petition such approval under the provisions of this ordinance.

2.

Mandatory.

a.

Development of land that includes more than one type of land use on a single zoning lot shall proceed as a PUD.

b.

Any residential, commercial or industrial use containing more than one building, not including accessory buildings, per zoning lot.

c.

The village administrator or village planner shall have the right to require all development of land which meets or exceeds one or more of the following thresholds to be developed as a PUD:

1)

Development of land totaling 20 or more acres; or

2)

Development of land including 50 or more dwelling units.

In recommending approval or granting approval of preliminary development plans and final development plans, the planning commission and the village board shall ensure that the proposed PUD meets the following standards:

1.

Ownership. The land intended for the PUD shall be under single ownership and/or unified control.

2.

Compatibility. The proposed use or combination of uses is consistent with the goals and objectives of the comprehensive plan.

3.

Accessibility. Adequate utilities, road access, draining, police and fire service and other necessary facilities already exist or will be provided to serve the proposed PUD.

4.

Designation of land for schools, recreational amenities and permanent common open space. The proposed PUD shall provide for the dedication of land for school sites and land for recreational purposes. Alternatively, the village board may approve a cash payment in lieu of actual land dedication, or may approve a combination of cash and land dedication.

a.

Common open space. Common open space shall be provided for recreational purposes. Such open space may be designed for active or passive recreational use. Common open space shall meet the following standards:

1)

Each parcel of common open space intended for active recreation shall be at least 12,000 square feet. The minimum width of the common open space shall allow for the safe participation in the active recreational activities for which it is designed. For trail purposes, the minimum open space width shall be 18 feet.

2)

Each parcel must be accessible to all the residents of the proposed PUD. Sidewalks, bike trails or pedestrian trails must link the parcels.

3)

The slope must be appropriate for the activities for which the common open space is intended.

4)

Land dedicated to the village for parks may be included in the calculation of usable common open space.

b.

Areas excluded from common open space. Common open space shall not include:

1)

Areas reserved for the exclusive use or benefit of an individual tenant or owner;

2)

Dedicated streets, alleys, and other public rights-of-way;

3)

Required detention areas, floodplains or wetlands, unless the village board determines that natural features, such as a creek or lake, will be a substantial amenity for the development;

4)

Irregular or unusable narrow strips of land less than 50 feet wide, unless containing a trail or bicycle path;

5)

Existing, permanent utility easements, unless a use permit/license is granted by the lease holder.

5.

Open space ownership and maintenance.

a.

Public or private ownership. The public or private ownership and maintenance responsibilities for all common open spaces shall be established by the developer and approved as part of the ordinance authorizing the PUD. All common areas should be platted as separate outlots. Restrictive covenants running with the land shall guarantee that the common open space will be properly cared for and used only for purposes designated in the PUD's approved final development plan.

b.

Maintenance. To ensure appropriate long-term maintenance of private common open space the developer shall submit a detailed open space management plan describing the method and schedule of maintenance.

6.

Limits on use. No common open space may be put to any use not specified in the final development plan unless the final development plan has been amended according to section I. of this article.

7.

Special service area. A special service area may be required to ensure adequate maintenance of the property held in common by the property owners' association. This special service area shall be created at the time of final platting of the first phase of the PUD, and shall include all phases of the planned unit development. In the event the entity that has ownership and maintenance responsibilities fails to adequately manage the open space, the village may assume maintenance responsibilities until such time as that or another appropriate entity can manage the open space. The village may tax the property of those within the special service area for the village's prior and estimated future cost of maintaining the open space.

8.

Completion of recreational facilities and other site amenities.

a.

Commencement of construction. Construction of recreational facilities and other improvements to common open spaces serving a PUD shall commence in accordance with the approved PUD ordinance.

b.

Completion of construction. Recreation facilities and other improvements to common open spaces shall be completed prior to the issuance of building permits for the last 25 percent of the dwelling units, or 25 percent of the total gross floor area of commercial and industrial uses within a PUD developed as a single phase.

c.

Phased developments. In PUDs containing two or more phases, construction of recreation facilities in earlier phases may be required to be completed prior to the issuance of occupancy permits for the next phase of the PUD.

9.

Additional conditions. To meet the unique circumstances presented by each PUD, and to protect the health, safety, and general welfare of existing village residents and the residents of the proposed development, the village board reserves the right to attach any other conditions it deems necessary, but not specifically provided in this ordinance, to the approval of the PUDs. Such additional conditions may include, but are not limited to, more stringent requirements for construction, phasing, and revocation.

1.

General. Except as specifically provided for elsewhere in this section, planned unit developments shall be developed in conformity with this zoning ordinance and all other applicable codes and ordinances of the village. Modifications that deviate from the bulk, density, and design provisions in this zoning ordinance and in other applicable regulations are privileges and will be considered by the village only in direct response to the tangible community benefits received from the PUD. These benefits shall be in the form of: exceptional amenities; outstanding environmental, landscape, architectural or site design; or the conservation of special man-made or natural features of the site.

2.

Bulk regulations. PUDs are governed by the bulk regulations of the underlying zoning district. However, the planning commission may recommend, and village board may authorize, exceptions to the applicable bulk regulations of this ordinance within the boundaries of such planned unit development including building height, lot area, lot width, and yard setback requirements, provided that:

a.

Such exceptions shall be solely for the purpose of promoting an efficient and coordinated site plan, no less beneficial to the residents or occupants of such development, as well as the neighboring property, than would be obtained under the bulk regulations of this ordinance for buildings developed on separate zoning lots; and

b.

Along the periphery of such PUDs, yards or setbacks shall be provided that meet or exceed the regulations of the district in which the PUD is located.

3.

Land uses. The planning commission may recommend, and village board may authorize, that there be permitted in part of the area of a proposed PUD, and for the duration of such development, specified uses not permitted by the use regulations of the district in which the development is proposed. Proposed PUDs with mixed land uses shall not be recommended or approved unless:

a.

The proposed land uses are necessary or desirable and are appropriate with respect to the primary purpose of the PUD; and

b.

The proposed uses are not of such a nature or so located as to exercise a detrimental influence on the surrounding neighborhood.

4.

Other. See section H of this article for additional required findings.

In reviewing the preliminary and final development plans the planning commission and village board should consider the application as a whole; the deviation from one or more guidelines should not necessarily preclude approval of the plans. Nevertheless, before granting approval of preliminary development plans and final development plans pursuant to this article, the planning commission and the village board should encourage compliance with any and all published guidelines.

Applications for the development of all land as a planned unit development shall be made on forms provided by the village and shall be accompanied by the required plats and documents. An appropriate filing fee, established by the village board, in the form of a certified check payable to the village shall be presented to the village administrator or designee prior to beginning the following process.

1.

Pre-application conference: Prior to official submittal of an application for consideration of a planned unit development, the developer may, after a preliminary application is submitted, be required to meet informally with the village officials, staff, and appropriate consultants, for a preliminary discussion as to the scope and nature of the proposed development, the types of uses proposed, and the approximate land allocations contemplated for each of the uses to determine the village's capacity to serve the proposed development. This conference shall also give the developer feedback on the proposed land uses, densities, layout, and infrastructure requirements.

2.

Initiation of concept plan application: Following the preliminary consultation with the village staff, the developer shall submit in writing a request for a planned unit development. The letter shall be addressed to the village president requesting that the proposed development be placed on the agenda of the village board for preliminary discussion. The village president shall determine whether the application shall be presented to the village board or shall be sent to the planning commission. If it is to be heard by the village board, it shall consider the proposed development at a regular meeting, or at a special meeting which may be set for the specific purpose of allowing the developer to make a presentation of the plans. The village board may provide some initial comments on the concept plan, or it shall refer the proposed development to the planning commission, without recommendations. Referral to the planning commission does not indicate endorsement of the proposal.

3.

Concept plan: The purpose of the concept plan is to establish a frame of reference for the village to consider the merits of a proposed planned unit development as it relates to the comprehensive plan and to receive preliminary comments from the village. A concept plan may also be submitted for no more than 50 percent of the planned unit development with the rest of the submission being preliminary or final site plans.

a.

Submission requirements. Sixteen copies of the concept plan shall accompany the application. The village clerk shall forward eight copies of the application and eight copies of the concept plan to the planning commission not less than 14 days prior to the meeting at which it is to consider the matter; one copy to be retained by the village clerk for filing, and one copy each to the village administrator, village engineer and village planner. The concept plan for a planned unit development shall be submitted and shall comprise, but not necessarily be limited to, the following:

1)

A written explanation of the general character of the project and the manner in which it is planned to apply these regulations.

2)

A legal description of the property proposed to be developed.

3)

A plan of the proposed planned unit development sufficient in detail and scope to afford the planning commission and village board an opportunity to make a determination as to whether the village is favorably or unfavorably disposed as to the granting of the necessary zoning certificate for a special use for a planned unit development. The village board, when approving the concept plan after it receives recommendation from the planning commission, shall not be bound by the location of anything shown on such a plan if, when placed on a plat of survey there is any conflict or difference. The plan shall indicate:

i.

The approximate residential density proposed for the entire project and, if the project is to be comprised of well defined areas of varying types of residential development, the approximate density for each such area.

ii.

The proposed height and bulk of buildings. However, the approval of the concept plan by the village board shall not preclude their right to pass judgment on the specific location of buildings when the preliminary plat is approved.

iii.

The approximate percentage of the project land area to be covered by buildings, streets and other impervious surfaces.

iv.

The approximate number of dwelling units proposed for the project.

v.

A plotting plan showing approximate lot locations and sizes.

vi.

Traffic circulation features within and adjacent to the project.

vii.

Areas designated for permanent open space, whether to be dedicated to the public or to be privately maintained.

viii.

Amenities to be provided within the proposed project.

ix.

Existing zoning of the project site and adjacent properties.

x.

Generalized plan for utilities which will serve the project.

xi.

Land uses and structures within 200 feet of the project.

4)

Petitioner shall provide the village administrator proof of ownership or proof of other financial interest in the affected property. This information shall, if permitted by law, remain confidential.

4.

Preliminary plan: A preliminary plan or a final plat of the proposed planned unit development shall be submitted to the planning commission for review and approval. The owner or developer shall provide the planning commission with 16 copies for review purposes. Plans shall be submitted in a scale not greater than one inch = 100 feet.

The schedule included below applies to property currently annexed to the village. Proposals and projects seeking annexation are not required to follow these timelines.

Within 45 days of receipt of complete application, including necessary materials and information, the planning commission shall conduct a public hearing on the application.

After close of the public hearing, the planning commission shall act to recommend to the village board that it: (a) approves of the preliminary plan, including portions shown at the concept plan stage; (b) make a recommendation to the village board contingent upon the developer addressing delineated issues; or (c) reject the proposal. In either case, the planning commission shall set forth the reasons for its recommendation, and may, in the event of a favorable recommendation, specify particular items and conditions which should be incorporated in subsequent plan submittal.

In its review, the planning commission shall submit copies of the plan to the village's planner, engineer, and may submit copies to the appropriate school, park and fire districts or other agencies providing required public facilities and services for review and comment. Comments and recommendations shall be returned to the planning commission within 30 days unless said period is extended by the commission.

a.

Submission requirements. The submission of preliminary plan approval shall include, but not necessarily be limited to, the following information prepared by a professional land planner, architect, or engineer:

1)

An accurate ALTA survey showing bearings and distances, a legal description of the property, satisfactory evidence of ownership and a location map showing the relationship of the proposed planned unit development to adjacent properties and to the Village of Hinckley.

2)

A site plan of the proposed development showing the location and arrangement of all proposed land uses, residential lots (including proposed dimensions), and buildings, including the height and number of floors of all buildings, both above and below finished grade; the building setbacks from the development boundaries and adjacent buildings, streets, roads, alleys and other public ways; the proposed traffic circulation pattern including the location and width of all streets, driveways and entrances to parking areas; all proposed off-street parking and loading areas; all proposed open space areas including common open space, dedicated open space and developed recreational open space, including bike paths and pedestrian amenities. The preliminary plat shall be drawn to scale.

3)

A plan or statement detailing the exact manner of improving developed recreational open space, and all covenants, restrictions and conditions pertaining to the use, maintenance and operation of common open spaces.

4)

A statement in tabular form of the anticipated residential density and the total number of dwelling units, the bedroom breakdown, the percentage of the tract which is to be occupied by structures and other impervious surfaces, and in the case of commercial uses, the total gross leasable floor area of all commercial uses and the off- street parking and loading.

5)

Topographic data including existing contours at vertical intervals of not more than two feet; and locations of water courses, flood planes, wetlands, marshes and wooded areas. These contours shall extend to a minimum 100 feet beyond the boundaries of the proposed development.

6)

Existing streets, including street names, adjoining subject property.

7)

Utilities on and adjacent to subject property, including location and size of existing water mains, sanitary and storm sewers, culverts, drain pipes, and public utility easements.

8)

The names of adjoining subdivisions or the names of record owners of adjoining parcels of unsubdivided land within 250 feet.

9)

Name of the proposed development (if available), of the owner(s) and developer, and the designer of the preliminary site plan.

10)

A preliminary outline of proposed protective covenants, including provision for the organization and financing of a property owner's association, where appropriate.

11)

Preliminary engineering information regarding water and sanitary sewer services, storm drainage - including preliminary calculations for ponds, and grading.

12)

Traffic study when requested by the village.

13)

Archaeological and/or historical study in conformance with state requirements.

14)

Endangered species consultation in conformance with state requirements.

15)

Key lot and through lot plan in conformance with the Landscape Ordinance.

16)

Typical architectural treatments for through lots - front, side and rear.

17)

Typical architectural treatment for all other lots, renderings and descriptions where available.

18)

Architectural renderings of all commercial and industrial buildings.

19)

Anticipated fiscal, social and environmental impacts of the proposed project.

b.

Approval of preliminary plan.

Within 90 days of receipt of the application, the planning commission shall take action on the preliminary plan. The action shall be in the form of a written recommendation to the village board approving, approving with modification, or disapproving the plan and indicating the reasons therefore.

The village board shall thereafter approve, approve with modifications, or disapprove the preliminary plan. If the preliminary plan is disapproved, the village board shall indicate the reasons for such findings. The village board may refer it back to the planning commission for further study.

Approval of the preliminary plan shall be effective for a maximum period of 12 months, unless, upon written application from the developer, the village board grants an extension.

5.

Final plan: Upon the approval of the preliminary plan by the village board, a final development plan may be submitted for all the land included in the proposed planned unit development, or for a phase or unit thereof. Such plan shall be submitted to the planning commission within one year after approval of the preliminary plan, and shall be in substantial compliance with the preliminary plan.

a.

Submission requirements.

The owner or developer shall submit 20 copies of the final plan, which shall incorporate any revisions or other features that may have been recommended by the planning commission and/or the village board at the time preliminary approval was granted. The submission for final plan approval shall substantially conform to the approved preliminary plan and include:

1)

A detailed engineering site plan prepared at a scale of not less than one inch = 100 feet showing the physical layout and design of all streets, easements, rights-of-way, lots, blocks, common open space, all off-street parking and loading areas, and the exact location of structures and uses.

2)

The plan shall show all radii, internal angles, points of curvatures, tangent bearings, and length of acres; location, dimensions and purpose for all dedicated rights-of way and easements; all block and lot numbers and lines, with accurate dimensions in feet and hundredths; names of all streets; and the location of all buildings (except for single-family detached residences) and setback lines accurately dimensioned.

3)

Names of all streets and lots numbered as in the preliminary plan with the purpose of all non-residential lots.

4)

The description and location of all survey monuments erected in the subdivision or planned unit development; the scale shown graphically; and the date and north point.

5)

All parcels of land to be dedicated for public use or reserved for the use of all property owners with the purpose indicated.

6)

The building footprints for all lots.

7)

Proposed lighting system for streets, public areas and common open space.

8)

A landscape planting plan and grading plan in conformance with the Village of Hinckley Landscape Ordinance.

9)

Estimates of cost of installation of all proposed improvements, confirmed by a registered Illinois engineer.

10)

Final drafts of legal agreements and documents including copies of any easements, deeds of dedication and other legal documents necessary for the transfer of land and improvements to public and common ownership, restrictive covenants, and a copy of the Articles of Incorporation of the property owner's association, if any.

11)

An accurate legal description and boundary line survey of the area proposed for development in the application for final plan, approval, plus satisfactory evidence of ownership.

12)

Approved construction schedule, indicating the estimated date scheduled by the applicant for final completion of construction work on required public facilities, land improvements, and on all buildings and private facilities within the proposed subdivision or planned unit development, other than single-family dwellings to be erected on separate lots.

13)

Record of all necessary approvals and/or certificates from the Illinois Department of Transportation, Illinois Environmental Protection Agency, Illinois State Historical Preservation Office and all other federal, state and local agencies with jurisdictions.

14)

Letter of approval from the village engineer.

15)

Preliminary title report by a title insurance company or an attorney's opinion of the title.

16)

Copy of any deed restrictions applicable to the subdivision/PUD.

b.

Approval of Final Plan.

1)

Upon receipt of all the plans and documents required for final approval, the planning commission shall review the final plan and transmit its findings and recommendations to the village board within 60 days after the meeting or meetings at which such final plan is considered. The final plan shall conform substantially to the Preliminary Plan as approved, and, if desired by the developer, it may be submitted in stages with each stage reflecting the approved preliminary plan which is proposed to be recorded and developed.

2)

After receipt of the final plan from the planning commission, the village board shall, within 30 days, approve, approve with modification, or disapprove the final plan by ordinance. If the final plan is disapproved, the village board shall indicate the reasons and may refer in back to the planning commission.

3)

No building permit shall be issued until the final subdivision or planned unit development plan and supporting documents have been recorded with the DeKalb County Clerk and Recorder, and proof of filing is provided to the village. The cost of such filing and recording shall be paid for by the applicant.

1.

General. The planning commission may not recommend a proposed PUD for approval unless it considers evidence presented to it in each specific case.

2.

Finding - All PUDs. In recommending approval for a proposed PUD, the planning commission shall consider whether:

a.

The PUD fulfills the objectives of the comprehensive plan and the land use policies of the village and presents an innovative and creative approach to the development of land and living environments.

b.

The proposed land uses fulfill, or can reasonably be expected to fulfill a need or demand for such uses within the village.

c.

The physical design of the PUD efficiently utilizes the land, adequately provides for transportation and public facilities, and preserves natural features of the site; and that the property is suitable for the proposed purposes and land uses.

d.

Any exceptions to bulk and density regulations of the underlying zoning shall be solely for the purpose of promoting an efficient and coordinated site plan, no less beneficial to the residents or occupants of such development, as well as the neighboring property, than would be obtained under the bulk and density regulations of this ordinance for buildings developed on separate zoning lots.

e.

The PUD meets the requirements and standards of the planned unit development regulations.

f.

Open spaces and recreational facilities are provided.

g.

The PUD is compatible with the adjacent properties and the neighborhood, and along the periphery of the PUD, yards or setbacks shall be provided that meet or exceed the regulations of the district in which the PUD is located.

3.

Mixed use PUDs. In addition to section H.2. of this article, in recommending approval for all mixed use developments, the planning commission shall consider whether:

a.

The land uses permitted are necessary or desirable and are appropriate with respect to the primary purpose of the PUD.

b.

The land uses are not of such a nature or so located as to exercise a detrimental influence on the surrounding neighborhood.

1.

General. All PUDs shall be developed in strict compliance with the recorded final plan and supporting data. All final plans and covenants shall be binding upon the applicants, and therefore the owners, of the land covered by such Planned Unit Development, their successors and assigns. The final plan and supporting data shall control and limit the use of the parcel of land (including the general internal use of buildings and structures) and the location of the buildings and structures in the Planned Unit Development.

2.

Occupancy. No portion of a PUD may be occupied until such time as the development, or a stage of the development, if applicable, has been completed in compliance with the final plan and any recorded covenant or developer agreement as approved and recorded.

3.

Amendments and administrative adjustments to the approved final development plan.

a.

Major changes. A major change requires a public hearing before the planning commission and approval by the village board. The procedure for the hearing and approval shall be in accordance with the provisions of article 4.I.4 of this ordinance. Submittal requirements may be limited to plans and documents that indicate or are related to the major changes. Any of the following changes shall be deemed a major change:

1)

A change which alters the concept, character or intent of the final development plan;

2)

A change which increases the residential density or the number of dwelling units;

3)

A change which increases the height of any building or structure beyond five (5) percent, or alters the uses and design standards set forth as a minimum in this ordinance;

4)

A change which increases nonresidential gross floor area of any building or of the entire development by more than five percent;

5)

A change which significantly reduces the amount of common open space or recreational amenities greater than five percent;

6)

A change that significantly alters the number, type, or location of landscaping or existing vegetation greater than five percent;

7)

A change that would have a significant environmental impact.

b.

Minor changes. Minor changes are changes not defined as major changes which do not alter the concept or intent of the PUD. The village planner shall approve minor changes. However, prior to considering any minor change the village planner may request that the planning commission review the proposed minor change and offer its recommendations.

c.

Revocation. The PUD and the ordinances authorizing it shall be subject to revocation. If the PUD is revoked the zoning classification of the subject property will revert to the zoning classification affixed to the property before approval of the PUD.

d.

Grounds for revocation. The PUD shall be subject to revocation if:

1)

The application for approval of the final development plan is not filed within one year from the date of approval of the preliminary development plan; or

2)

Construction does not commence within two years from the date of approval of the final development plan. For a PUD with a phasing plan, the PUD shall be subject to revocation if the initial phase of construction has not commenced within two years of the approval of the PUD, or if construction of any of the subsequent phases has not commenced or is not completed in accordance with the terms of the phasing plan; or the developer requests revocation of the PUD.

e.

Extensions and hearings. The village board may extend these time limits in one year increments. The village board may schedule a revocation hearing once any of these time limits has expired. The developer shall be notified at least 60 days prior to any extension or revocation hearing.