The purpose of the planned development provisions is to promote efficient land patterns in order to preserve trees, wetlands and other natural resources, provide site amenities, and secure large parcels of permanent open space, characteristic of Kildeer's existing rural environment. These provisions are intended to encourage and allow more creative and imaginative design for land developments than would be possible under the strict application of Kildeer's conventional Zoning and Subdivision Code provisions. The efficient land patterns which will result from implementation of these provisions will also result in more economical land development.

The following objectives of the Village will be attained through the use of the planned development process:

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

   B.   Promote 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.   Protect the character of existing large lot single-family developments in the Village by:

      1.   Requiring adequate separation and screening between more intensive uses and existing large lot development; and

      2.   Promoting compatibility in design between new and existing developments.

   D.   Promote diverse, high quality, residential environments.

   E.   Permit a land use pattern with a mixture of residential and nonresidential uses that will maintain, expand, and enhance the existing residential character of Kildeer.

   F.   Create a method for the permanent preservation of common open space for the continued use and enjoyment of the residents of the development.

   G.   Provide for usable and suitably located public and private recreational facilities.

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

   I.   Combine and coordinate architectural styles, building forms, and building relationships for developments which include more than one land use.

   J.   Encourage a land use which promotes the public health, safety, comfort, morals and welfare. (Ord. 91-O-587, 8-5-1991)

The following definitions shall apply to planned developments:

BUSINESS: For the purposes of this Chapter, business shall be defined as retail commercial, office or service uses.

CLUSTER SUBDIVISION: A single-family, detached home residential subdivision, consisting of three (3) or more residential lots, that concentrates the buildings on a part of the site to allow the remaining land to be used for recreation, common open space, and/or preservation of environmentally sensitive features. This form of development permits a reduction in minimum lot area and bulk requirements of the underlying zoning provided: a) there is no increase in the number of lots permitted, or overall density, compared to that which would be possible under a conventional subdivision; and b) the land outside of lot area is devoted to open space, active recreation, preservation of environmentally sensitive areas, or agriculture. The maximum density shall be determined by the "underlying zoning", defined as follows: The gross site area, minus an estimated fifteen percent (15%) of the residual site area for rights of way, divided by forty three thousand five hundred sixty (43,560) square feet. While underlying zoning determines the maximum number of lots, actual allowable density will depend on individual site characteristics.

DEVELOPMENT ORDINANCE: An ordinance adopted by the village board upon completion of both preliminary and final plan approvals which includes graphics and other support documentation upon which village board approval is based. The development ordinance shall also specify conditions of approval established by the village board, if any.

LARGE LOT RESIDENTIAL: For the purpose of this chapter, "large lot residential" development shall mean detached single-family homes on lots one or more acres in size.

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

OFFICE PARK: A three (3) or more acres planned development developed exclusively with office or office/research uses shall constitute an office park.

OFFICE/RESEARCH: For the purposes of this chapter, office/research uses shall be limited to: offices for general business uses (excluding retail); professional or religious, philanthropic or fraternal nature; technology and research centers, including medical and hospital research establishments 1 ; or other similar uses which may be approved by the village board. Office/research uses shall meet all applicable standards of village ordinances. Light industrial, assembly, and laboratory facilities, as such uses relate to the production of products and parts, shall be prohibited. All research shall be conducted within enclosed buildings, and ancillary outside storage of materials shall be prohibited. No use shall be permitted which involves environmentally hazardous materials, toxic wastes, or contaminants, unless otherwise approved by the village board.

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

PLANNED DEVELOPMENT: A parcel of land under single ownership or unified control, for which the specific requirements of the underlying zoning district may be modified when: a) the proposed development offers benefits to the neighborhood and/or community of which it is a part, beyond those required by the zoning code provisions; and/or b) the proposed use of land includes substantial amenities not otherwise required. This includes, but is not limited to: provisions for common open space; recreational facilities; or specific design, engineering, architectural, site planning or landscape features.

A planned development includes a program for the provision, operation, and maintenance of such areas, facilities, and improvements which will be for common use by residents of the planned development and/or community, but which will not be provided, operated, or maintained at public expense.

PLAT OF PLANNED DEVELOPMENT AND SUBDIVISION: A drawing representing a tract of land of the approved planned development, with all approved site data set forth thereon, and suitable for recording with the Lake County recorder of deeds, which shows the subdivision or consolidation of one or more properties, including individual lots or parcels, if any, streets and rights of way, easements, boundary markers and other site information as required by the village's subdivision code 2 .

REDEVELOPMENT: Alterations of a business property that do not expand the total gross floor area as measured from exterior wall surfaces by more than ten percent (10%).

TOWNHOME: A dwelling containing two (2) or more residential units, each having a completely separate entrance at ground level.

UNIFIED CONTROL: The combination of two (2) or more tracts of land wherein each owner has agreed that his or her tract of land shall be developed as part of a planned development, and shall be subject to all control applicable to and adopted for the planned development. (Ord. 91-O-587, 8-5-1991; amd. Ord. 96-O-714, 3-4-1996; Ord. 05-O-942, 11-7-2005; Ord. 22-O-031, 12-20-2022)

Unless otherwise recommended by the plan commission/board of appeals and approved by the village board, the following standards shall apply. The plan commission/board of appeals may recommend exceptions from these standards when determined appropriate to achieve one of the objectives set forth in section 5-14-1 of this chapter. (Ord. 91-O-587, 8-5-1991; amd. Ord. 05-O-942, 11-7-2005)

   A.   General Standards For All Planned Developments: The following shall apply to all planned developments, regardless of land use type:

      1.   Ownership: The planned development shall be under the unified control of the petitioner. (Ord. 91-O-587, 8-5-1991)

      2.   Size: Unless otherwise recommended by the plan commission/board of appeals and approved by the village board, petitioners shall be required to process nonresidential and cluster/townhome residential developments as planned developments when land assemblage is in accordance with the following: (Ord. 91-O-587, 8-5-1991; amd. Ord. 05-O-942, 11-7-2005)

         a.   Cluster/townhome: Five (5) acres or more.

         b.   Business or office park: Three (3) acres or more.

         c.   Mixed use: Ten (10) acres or more.

      3.   Rand Road: All new development or redevelopment of properties adjacent to Rand Road shall be processed as planned developments, regardless of parcel size.

      4.   Mixed Use Planned Developments: A planned development which combines large lot residential, cluster and townhome, business, and/or office park development.

      5.   Comprehensive Plan: The proposed planned development should conform to the land uses, intent, and spirit of the comprehensive plan and other planning objectives established for the village.

      6.   Compatibility: The uses permitted in a planned development shall be compatible with the surrounding land uses.

      7.   Subdivided: Unless otherwise approved by the village board, only one principal building shall be constructed per parcel. Preliminary and final plats of subdivision shall be required in accordance with procedures set forth in title 6 of this code. (Ord. 91-O-587, 8-5-1991)

      8.   Yards: The required yards along the periphery of the planned development shall be at least equal in depth to those of the underlying zoning district, or the adjacent zoning district, whichever is greater. The plan commission/board of appeals may recommend greater setbacks from the boundary line of a planned development when determined necessary to protect the privacy of residents within both existing and proposed subdivisions.

      9.   Pedestrian Circulation: Where determined appropriate by the plan commission/board of appeals, pedestrian circulation systems, which shall be privately owned and maintained, shall be provided within cluster, townhome, or mixed use planned developments, and shall be separated, to the maximum extent possible, from streets and rights of way. (Ord. 91-O-587, 8-5-1991; amd. Ord. 05-O-942, 11-7-2005)

      10.   Public Streets: All streets shall be publicly dedicated, and constructed in accordance with the applicable standards contained in the village's subdivision code 1 .

      11.   Off Street Parking And Loading:

         a.   Off street parking spaces provided for townhome, commercial, office and institutional uses shall be not less than nine feet by eighteen feet (9' x 18') in size. (Ord. 91-O-587, 8-5-1991)

         b.   Drive aisle widths provided for ninety degree (90°) parking shall be at least twenty four feet (24'). Widths of drive aisles for angled parking shall be as determined by the plan commission/board of appeals, after consultation with the village planner and village engineer. (Ord. 91-O-587, 8-5-1991; amd. Ord. 05-O-942, 11-7-2005)

         c.   Pavement provided for off street parking and loading shall be constructed in accordance with village standards set forth in the village's subdivision code 2 .

         d.   Sufficient parking facilities must be provided.

      12.   Underground Utilities: All utilities (including electric, telephone, gas and cable) shall be installed underground. (Ord. 91-O-587, 8-5-1991)

      13.   Tree Replacement: Where determined appropriate by the plan commission/board of appeals, trees greater than six inches (6") in caliper, as measured twelve inches (12") above grade, which are identified to be removed for construction shall be replaced in accordance with a tree replacement plan reviewed by the plan commission/board of appeals and approved by the village board. (Ord. 91-O-587, 8-5-1991; amd. Ord. 05-O-942, 11-7-2005)

      14.   Preliminary Approval: Preliminary approval shall be null and void in the event that the petitioner has failed to obtain final planned unit development approval for at least the first phase of the development within one year of the date of preliminary approval. (Ord. 91-O-587, 8-5-1991)

      15.   Completion: The planned development shall be substantially completed within the period of time specified by the petitioner and set forth in the development ordinance prepared for the project, unless an extension is requested by the petitioner and approved by the village board, after review and recommendation by the plan commission/board of appeals. All planned development phases shall be completed within two (2) years of final planned unit development approval for that phase, except when the size or complexity dictates a longer period, which may be granted by the village board. (Ord. 91-O-587, 8-5-1991; amd. Ord. 05-O-942, 11-7-2005)

      16.   Compliance With Zoning And Other Codes And Ordinances: Where there is a conflict or difference between the provisions of this chapter and those of other chapters of this code, the provisions of this chapter shall prevail. Except as otherwise set forth herein, all other applicable provisions of this code shall apply. (Ord. 91-O-587, 8-5-1991)

      17.   Exceptions: The plan commission/board of appeals may recommend, and the village board approve, exceptions to standards and criteria when determined necessary to achieve the planning objectives set forth in this chapter. (Ord. 91-O-587, 8-5-1991; amd. Ord. 05-O-942, 11-7-2005)

      18.   Separability: It is the intention of the board of trustees that this title, and every provision hereof, shall be considered separable; and the invalidity of any section, clause, provision or part or portion of any section, clause or provision of this title shall not affect the validity of any other portion of this title. (Ord. 91-O-587, 8-5-1991)

   B.   Standards For Large Lot Residential Development: In addition to the general standards and criteria presented above, standards and criteria listed below shall specifically apply to large lot residential development: (Ord. 95-O-681, 1-4-1995)

      1.   Use: In addition to dwellings, open space, and recreational facilities permitted by this chapter, schools, churches or other institutional/governmental uses also may be permitted as part of a planned development which includes large lot single-family development, when determined appropriate by the plan commission/board of appeals. (Ord. 91-O-587, 8-5-1991; amd. Ord. 05-O-942, 11-7-2005)

      2.   Minimum Lot Size:

         a.   Minimum lot size shall be one acre per unit, unless active recreational areas and/or facilities, common open space, or preservation of major stands of trees or other natural areas have been proposed as amenities for the planned development.

         b.   Where such facilities are proposed and determined to be of benefit to the residents of the proposed planned development, the lot size may be reduced in accordance with the formula listed below:

 

 

(Ord. 91-O-587, 8-5-1991)

         c.   Minimum lot size shall not be less than one-half (1/2) acre.

         d.   For the purpose of this section, active recreation facilities and open space provided as part of the planned development shall include, but not be limited to, the following:

            Community center or health club

            Golf course

            Jogging trails and/or physical fitness courses

            Swimming pools

            Tennis courts

         e.   Maximum floor area ratio shall not exceed 0.30. See section 5-1-6 of this title for information regarding calculation of floor area ratio. (Ord. 95-O-681, 1-4-1995)

         f.   At the discretion of the plan commission/board of appeals, ponds required for storm water retention or detention basins may be included as amenities if provided with trails, benches and other substantial landscape features.

      3.   Streets And Rights Of Way: The plan commission/board of appeals may recommend, and the village board may approve, a reduction in the required width of pavement and rights of way for streets and cul-de-sacs, provided the reduction is determined necessary and appropriate for preservation of major stands of trees or other natural areas, and public safety is not compromised. (Ord. 95-O-681, 1-4-1995; amd. Ord. 05-O-942, 11-7-2005)

   C.   Standards For Cluster And Townhome Planned Developments: Kildeer has traditionally been developed as a community of homes on lots one acre or more in area. The purpose of this section is to provide an alternative to large lot residential living, and to establish standards for townhome and cluster developments which are responsive to the purpose and intent of this chapter, as set forth in section 5-14-1 of this chapter. Standards and criteria which follow in this section shall specifically apply to cluster and townhome planned developments. General standards and criteria established for all planned developments, presented in subsection A of this section, shall also apply. (Ord. 91-O-587, 8-5-1991)

      1.   Use: In addition to dwellings, open space, and recreational facilities permitted by this chapter, schools, churches or other institutional/governmental uses also may be included as part of a cluster or townhome planned development when determined appropriate by the plan commission/board of appeals. (Ord. 91-O-587, 8-5-1991; amd. Ord. 05-O-942, 11-7-2005)

      2.   Maximum Lot Coverage: (Rep. by Ord. 96-O-714, 3-4-1996)

      3.   Minimum Floor Area: Two thousand (2,000) habitable square feet. If two (2) story, not less than one thousand five hundred (1,500) habitable square feet shall be provided on the ground floor.

      4.   Building Height: Dwellings shall not exceed thirty five feet (35'), or two and one-half (21/2) stories, whichever is lower. (Ord. 91-O-587, 8-5-1991)

      5.   Setbacks: Minimum setbacks from front, rear and side lot lines established for cluster and townhome dwellings shall be evaluated by the plan commission/board of appeals on a case by case basis in accordance with the purpose and intent of this chapter, as set forth in section 5-14-1 of this chapter.

      6.   Design: Cluster and townhome dwellings 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 plan commission/board of appeals may require architectural controls to set guidelines and standards for planned developments. Pedestrian circulation systems shall be privately owned and maintained, such as by a homeowners' association. (Ord. 91-O-587, 8-5-1991; amd. Ord. 05-O-942, 11-7-2005)

      7.   Materials: Brick, stucco, synthetic stucco, stone or wood are examples of acceptable siding materials. Aluminum or vinyl siding are not acceptable.

      8.   Garages: Townhome and cluster dwellings shall include two (2) car attached garages. (Ord. 91-O-587, 8-5-1991)

      9.   Maximum Number Of Units Per Townhome Building: Five (5). (Ord. 96-O-714, 3-4-1996)

      10.   Minimum Spacing Between Townhome Buildings:

 

 

      11.   Off Street Parking: Guest parking shall be provided for townhomes as follows:

         a.   Off street parking bays shall be located not more than two hundred fifty feet (250') from the units served, and shall be provided at a ratio not less than one-half (0.5) space per townhome unit.

         b.   Evergreen trees and/or shrubs shall be installed at the end of all guest parking bays to soften the visual effect of these paved areas and to eliminate headlight intrusion for living units which are in proximity to off street parking bays. Shrubs shall be at least four feet (4') high at installation.

      12.   Landscaping:

         a.   Landscaping shall be installed for the aesthetic enhancement of cluster and townhome planned developments, and to provide screening between adjacent dwellings.

         b.   In addition to street tree plantings required by Kildeer's subdivision code 3 , trees and shrubs shall be provided as foundation plantings in front, side and rear yards to:

            Soften the visual effect of buildings.

            Articulate the front and side building elevations.

            Provide privacy between living units.

         c.   Trees and shrubs used for landscaping around townhomes and cluster dwellings shall conform to the following minimum size requirements:

 

 

(Ord. 91-O-587, 8-5-1991)

      13.   Streets And Rights Of Way: The plan commission/board of appeals may recommend, and the village board may approve, a reduction in the required width of pavement and rights of way for streets and cul-de-sacs, provided the reduction is determined necessary and appropriate for preservation of major stands of trees or other natural areas, and public safety is not compromised. (Ord. 91-O-587, 8-5-1991; amd. Ord. 05-O-942, 11-7-2005)

      14.   Buffer Yards: If a planned development includes cluster dwellings or townhomes adjacent to, or across the street from single-family homes on lots averaging one or more acres in size, the following shall apply:

         a.   A landscaped fifty foot (50') wide buffer yard shall be set aside along the common lot line to provide additional separation between the large lot development and cluster and/or townhome dwelling units. Said buffer yard may be considered part of the required open space for the project as defined in this subsection C14.

         b.   Landscaping within the buffer yard shall, at a minimum, include six (6) shade trees for each one hundred (100) linear feet. Trees shall be not less than three inch (3") caliper upon installation, as measured six inches (6") above grade.

         c.   Buffer yard plantings shall be included on the landscape plan prepared for the planned development. Trees not acceptable for use in landscaped buffer yards are identified in section 6-5-9 of this code. (Ord. 91-O-587, 8-5-1991)

         d.   The location, type and quantity of trees shall meet the approval of the plan commission/board of appeals. The plan commission/board of appeals may recommend, and the village board may approve, additional separation or increased quantities of plant materials when determined necessary to protect the privacy of residents in adjacent single-family large lot developments. (Ord. 91-O-587, 8-5-1991; amd. Ord. 05-O-942, 11-7-2005)

         e.   Front and side yards must be sodded or hydroseeded. Rear yards must be seeded or sodded. (Ord. 91-O-587, 8-5-1991)

      15.   Open Space: Unless otherwise recommended by the plan commission/board of appeals and approved by the village board, not less than fifty percent (50%) of the land within a townhome or cluster planned development shall be reserved and designated as common space and/or public recreational facilities. No open areas may be delineated or accepted as common open space under the provisions of this section unless the following standards are met: (Ord. 91-O-587, 8-5-1991; amd. Ord. 05-O-942, 11-7-2005)

         a.   The designated common open areas or public recreational facilities shall be of usable size and character. For the purposes of this section, private property, streets and street rights of way shall not be included in calculating the minimum open space requirement. Storm water detention/retention ponds may be included in the open space calculations only if improved in accordance with standards contained in subsection B2f of this section.

         b.   Designated common open areas or public recreational facilities reserved under a planned development shall be held and maintained by a homeowners' association, unless conveyed to a public authority approved by the village board in accordance with procedures established by the village's subdivision code 4 . All designated common open space and/or recreational facilities shall be dedicated as open space in perpetuity, and shall be so designated in the development ordinance and planned development plat. The cost of construction of any common open areas or public recreational facilities shall be included in the letter of credit or other surety required for the public or quasi-public improvements as more fully described in title 6 of this code.

         c.   Uses authorized for common open space shall be appropriate to the scale and character of the planned development, considering parcel size, density, anticipated population, topography, and the number and type of dwellings to be provided.

         d.   Common open space must be suitably improved for its intended use, but common open space containing natural features worthy of preservation, including traditional agricultural uses, may be left unimproved. Agricultural lands included as common open space may continue to be farmed. Building, structures, and improvements approved for construction shall be compatible in design with dwellings approved for the planned development, and shall be so designed as to enhance the amenities of the common open space with regard to its topography and unimproved condition. (Ord. 91-O-587, 8-5-1991)

         e.   No portion of a planned development shall be conveyed or dedicated for public use to any public body until the plan commission/board of appeals reviews it, and the village board approves such conveyance or dedication. When performing its review, the plan commission/board of appeals shall consider the: (Ord. 91-O-587, 8-5-1991; amd. Ord. 05-O-942, 11-7-2005)

            (1)   Size and character of the dwellings proposed in the planned development.

            (2)   Topography, existing trees, vegetation, wetlands, or other surface water areas, ground cover, and other natural features.

            (3)   Manner in which the open space is to be improved and maintained for recreational or amenity purposes.

            (4)   Existence of public parks or other public recreational facilities in the vicinity. (Ord. 91-O-587, 8-5-1991)

         f.   Unless open space is to be conveyed to a public body in accordance with village board approvals, all land shown on the final plan and planned development plat as common open space shall be conveyed to a homeowners' association or similar organization created for the purpose, among others, of owning and maintaining common buildings, areas and land within the planned development. The common open space shall be conveyed subject to covenants to be recommended for approval by the plan commission/board of appeals and approved by the village board which restrict the common open space to the uses specified on the final plan and planned development plat, and which provide for the maintenance of the common open space in a manner which assures its continuing use for its intended purpose. (Ord. 91-O-587, 8-5-1991; amd. Ord. 05-O-942, 11-7-2005)

   D.   Standards For Planned Business Developments: In addition to the general standards and criteria presented in subsection A of this section, the following standards shall apply to planned developments which incorporate business or office components: (Ord. 91-O-587, 8-5-1991)

      1.   Use:

         a.   Uses within a business or office portion of a planned development shall be limited to those identified in the underlying zoning district unless the plan commission/board of appeals recommends, and the village board approves, similar or compatible uses. (Ord. 91-O-587, 8-5-1991; amd. Ord. 05-O-942, 11-7-2005)

         b.   No building intended for business or office use shall be inhabited as a residential dwelling.

         c.   All business shall be conducted within completely enclosed buildings.

         d.   Unless otherwise approved as part of a planned development special use permit, all merchandise and materials shall be displayed and stored within a completely enclosed building. Outdoor storage approved as part of a business planned development shall comply with all standards set forth in subsections 5-10-3G and 5-10A-3G of this title.

      2.   Building Setbacks:

         a.   Perimeter: A minimum fifty foot (50') building setback shall be maintained from the boundary line of a business planned development. Buildings which are constructed adjacent to a residentially zoned or used property outside the planned development shall, however, be set back one hundred feet (100') from the boundary line of the business planned development. (Ord. 91-O-587, 8-5-1991)

         b.   Front And Corner Side Yards: Buildings shall be set back not less than fifty feet (50') from street rights of way which border the business planned development. Setbacks less than fifty feet (50') from streets interior to the planned development may be considered by the plan commission/board of appeals and village board on a case by case basis. (Ord. 91-O-587, 8-5-1991; amd. Ord. 05-O-942, 11-7-2005)

         c.   Interior Side And Rear Yards: Side and rear yard setbacks shall not be less than those set forth in section 5-10-10 of this title.

      3.   Maximum Lot Coverage: The lot coverage of structures, off street parking, and off street loading shall not exceed sixty percent (60%) of each individual lot.

      4.   Design: A planned development which incorporates business or office use shall be so designed as to:

         a.   Promote compatibility with adjacent residential properties, both existing and proposed, through architectural design and landscape screening.

         b.   Provide an integrated and harmonious architectural design and arrangement of all buildings.

         c.   Furnish landscaping and such other amenities determined to be necessary to provide an attractive environment.

      5.   Access And Circulation: Planned developments which include business and office uses shall include:

         a.   Shared points of ingress and egress in order to maximize the operational efficiency of public streets.

         b.   Properly arranged off street parking and loading facilities which are designed and located to assure safe and efficient circulation of automobiles and trucks.

         c.   Streets and rights of way which comply with the village's subdivision control ordinance 5 .

      6.   Off Street Parking And Loading: The following shall apply to all off street parking and loading facilities:

         a.   The number of off street parking and off street loading spaces shall be in accordance with requirements of sections 5-13-1 through 5-13-7 of this title.

         b.   Off street loading shall not be located in a front or corner side yard.

         c.   Setbacks for off street parking, loading and drive aisles shall meet or exceed the following:

            Thirty feet (30') from public rights of way.

            Ten feet (10') from a lot line that abuts another property developed with business or office uses.

            Thirty five feet (35') from a lot line that abuts an existing or proposed residential property.

         d.   Where off street parking spaces are provided in a front or corner side yard, landscaped berms or shrub plantings not less than three feet (3') high shall be installed to buffer the view of the parking facility from street rights of way.

         e.   Where off street parking and off street loading abuts an existing or proposed residential development, landscaped berms, planted with trees and shrubs, shall be installed to provide an effective screen of all off street parking and loading facilities. Landscaping shall be so designed as to achieve year round screening.

         f.   Concrete curbs shall be constructed around the perimeter of all off street parking and off street loading facilities.

         g.   Concrete curbed, landscaped islands shall be provided in off street parking lots containing four (4) or more spaces in accordance with the following:

            Landscaped islands shall be a minimum of six feet (6') wide, as measured between backs of curbs.

            One island shall be installed for each fifteen (15) off street parking spaces. Landscaped islands shall be planted with not less than one shade tree and ground cover and/or shrubs.

            Shrubs installed in islands shall be low growing, and trees shall be high branched so as to maintain a clear line of sight for motorists that is between three feet (3') and five feet (5') above grade.

      7.   Lighting: Whenever off street parking spaces are used at night, parking lot lighting shall be provided as follows:

         a.   Lighting used along streets and rights of way and individual lots shall be uniform in design.

         b.   An appropriate amount of lighting shall be maintained within the parking lot to assure safe levels of illumination.

         c.   Maximum to minimum and average to minimum uniformity ratios shall demonstrate that an even distribution of light will be provided within the parking lot.

         d.   Light standards and luminaries shall be so designed and placed to:

            Confine lights to the property. Light spillage in excess of one-half (0.5) foot-candle beyond the property line shall be prohibited, except at entrances to and from the business or office property.

            Prevent glare visible from residential properties and street rights of way, by adequately shielding luminaries.

         e.   Security lighting installed on business or office buildings shall be shielded to fully cover lamps and to cast light downward.

      8.   Landscaping: Landscaping in a business planned development shall comply with the following standards and criteria:

         a.   Screening From Residential: A minimum thirty five foot (35') wide landscaped yard shall be provided to screen a business or office building or use within a business planned development which abuts a residential property or properties. This shall apply to residential properties that are within or which abut the boundary lines of the planned development.

            Landscaping may include berming to supplement screening. Landscaping installed in the required yard shall include evergreen trees and shrubs, and shall be designed to provide effective year round screening.

         b.   Perimeter Yards: At least one shade tree per forty (40) linear feet shall be installed in the perimeter yards which are ten feet (10') wide or greater, or perimeter yards which abut properties planned for, or developed with existing business or office uses.

         c.   Foundation Plantings: Trees and shrubs shall be installed along the front and side elevations of business or office buildings to provide articulation, provide shade, and to enhance the pedestrian environment.

         d.   Plant Material Sizes: Trees and shrubs shall be installed at sizes not less than the following:

 

 

(Ord. 91-O-587, 8-5-1991)

      9.   Roof Mounted Mechanical Equipment:

         a.   All roof mounted mechanical equipment including, but not limited to, heating, ventilating and air conditioning units (HVAC), shall be fully screened from public view on all sides of the building. (Ord. 92-O-622, 11-2-1992)

         b.   Screening shall be accomplished by the roof structure or parapet walls. The height of the parapet walls or roof structure shall be at least equal to the heights of the tallest rooftop element installed on the building. Such screening shall be designed to blend with and complement the architecture of the building.

      10.   Trash Receptacles:

         a.   Trash receptacles shall be located only in a rear or interior side yard, enclosed by a masonry wall, compatible with the principal structure, not less than the height of the containers, and provided with gates to contain trash.

         b.   Where visible to the public, landscaping shall be installed around the enclosure to soften its appearance.

      11.   Utility Meters/Transformers: Wall mounted utility meters and ground supported transformers shall be painted to match the building. If visible to the public, meters and transformers shall be screened by landscaping equal in height to the tallest meter or transformer. (Ord. 91-O-587, 8-5-1991)

      12.   Existing Business Or Office Uses: Lot coverage for existing developed properties may be increased upon recommendation by the plan commission/board of appeals and approval by the village board, provided all of the following additional conditions are met: (Ord. 91-O-587, 8-5-1991; amd. Ord. 05-O-942, 11-7-2005)

         a.   Off Street Parking And Loading: No exception from the required number of off street parking or off street loading spaces is proposed.

         b.   Landscaping: Existing landscaping is improved by planting trees and other landscape materials along public rights of way, near buildings, and in parking lots.

         c.   Signage: Existing signage is improved or replaced so that it conforms to village standards.

         d.   Architecture: Architectural improvements are made to upgrade the appearance of all structures on the zoning lot or lots.

   E.   Standards For Office Parks: In addition to the general standards for planned developments set forth in subsections A and D of this section, the following shall apply to office park planned developments. If there is a conflict between standards set forth herein and those found elsewhere in this chapter, the provisions of this section shall govern. (Ord. 91-O-587, 8-5-1991)

      1.   Use:

         a.   Development in office parks shall be limited to business and professional offices, financial institutions, and research facilities, unless similar or compatible uses are recommended by the plan commission/board of appeals and approved by the village board. (Ord. 91-O-587, 8-5-1991; amd. Ord. 05-O-942, 11-7-2005)

         b.   There shall be no warehousing, manufacturing, processing, or treatment of products other than that which is clearly incidental and essential to the use conducted on the same premises.

      2.   Design: Office park planned developments shall include: generous building and parking setbacks; large tracts of open space; and abundant landscaping, in order to achieve a campuslike setting. (Ord. 91-O-587, 8-5-1991)

      3.   Building Setbacks: The plan commission/board of appeals may request, and the village board approve, building setbacks which exceed those established for commercial and office uses as set forth in sections 5-10-9 and 5-10-10 of this title, and subsection D2 of this section. The increased setbacks are intended to: (Ord. 91-O-587, 8-5-1991; amd. Ord. 05-O-942, 11-7-2005)

         a.   Provide increased separation between buildings which are typically larger in scale than structures used for other business uses.

         b.   Provide additional yard area, typical of campuslike environments.

      4.   Maximum Lot Coverage: The lot coverage of structures, off street parking, and off street loading shall not exceed seventy percent (70%) of each individual lot.

      5.   Building Heights: Buildings shall not exceed thirty five feet (35'). Taller buildings may be approved by the village board, for office parks which are ten (10) or more acres in size.

      6.   Off Street Parking And Loading:

         a.   Setbacks for off street parking, loading and drive aisles shall be provided for office park planned developments as follows:

            Fifty feet (50') from public rights of way.

            Twenty five feet (25') from an interior side lot line that abuts another property developed with office uses.

            Seventy five feet (75') from any lot line that abuts an existing or proposed residential property outside the planned development.

         b.   Off street loading facilities shall be enclosed, and shall be accessible from side and rear yards only.

      7.   Landscaping:

         a.   Office park planned developments shall be designed to include unified street tree plantings, entry treatments, and accent plantings at intersections.

         b.   The size of proposed plant materials shall exceed minimum standards set forth in subsection D8d of this section.

         c.   Street rights of way shall be planted with sod and shall be properly maintained to provide a finished appearance for the planned development. (Ord. 91-O-587, 8-5-1991)

      8.   Signage:

         a.   Freestanding entry monument signs proposed to identify the office park planned development shall be reviewed by the plan commission/board of appeals and village board on a case by case basis.

         b.   Unless a unified sign package for individual buildings in an office park planned development is reviewed by the plan commission/board of appeals and approved by the village board, after a hearing before the plan commission/board of appeals, if necessary, signs for individual office buildings shall comply with the requirements within chapter 20 of this title. (Ord. 91-O-587, 8-5-1991; amd. Ord. 05-O-942, 11-7-2005)

      9.   Open Space: Open space, consistent with a campuslike setting, shall be set aside for the common enjoyment of employees when office parks are developed on five (5) or more acres.

         a.   Open space may include, but not necessarily be limited to:

            Areas which have been set aside to preserve major stands of trees or other natural vegetation.

            Recreational amenities, including jogging trails and/or athletic fields or physical fitness courses, but excluding buildings.

            Amenities for passive recreation, such as gardens, picnic areas and water features.

            Storm water retention ponds, when trails and/or other amenities are provided around the perimeter of the ponds. (Ord. 91-O-587, 8-5-1991)

         b.   Unless otherwise recommended by the plan commission/board of appeals and approved by the village board, open space shall be maintained by the owner or an association created for the office park. (Ord. 91-O-587, 8-5-1991; amd. Ord. 05-O-942, 11-7-2005)

         c.   Open space shall be dedicated in perpetuity and so designated in the development ordinance and planned development plat.

   F.   Standards For Mixed Use Developments: A mixed use development may include large lot residential, cluster and townhome, business, and/or office park development. The established standards for each type of development as otherwise set forth in this title shall apply to the comparable portion of the mixed use development. For example, if the mixed use development contains an office park development portion, that portion shall comply with the standards set forth in the office park development provisions. Mixed use developments shall be further subject to the general standards for all planned developments. (Ord. 91-O-587, 8-5-1991)

   A.   Administrative:

      1.   Because planned developments are unique and substantially different from conventional developments, they shall be administered as special uses, in accordance with procedures set forth herein. Planned developments may be approved as special uses in any of Kildeer's zoning districts.

      2.   Applications shall be made on forms provided by the village administrator and shall be accompanied by the required plans, drawings, documents and other information. Applications, plans, and other documentation shall be reviewed by the village administrator for all submittal requirements, for preapplication, preliminary and final plan review, before forwarding to the plan review committee, plan commission/board of appeals, or the village board.

      3.   Planned developments shall be controlled by means of development ordinances prepared by the village attorney, and adopted by the village board subsequent to approval of preliminary and final plans. Said development ordinance shall include graphics and other support documentation upon which village board approval is based. The development ordinance shall also specify any conditions of approval established by the village board.

      4.   Ordinances approving preliminary and final plans may provide for exceptions from district regulations governing use, density, area, bulk, and parking, and the subdivision design standards, as may be desirable to achieve the objectives of the proposed planned development, provided such exceptions are consistent with the standards and criteria contained in this chapter.

   B.   Preapplication Plan Review Procedure (Optional):

      1.   Prior to the filing of an application for approval of a planned development, the petitioner may contact the village administrator to arrange a meeting with the plan review committee. The committee may request the presence of the village's consultants, as determined appropriate by the village administrator or village president. The consultants shall be remunerated under the provisions of section 1-17-2 of this code.

      2.   The purpose of the preapplication meeting is to discuss the proposed development in conjunction with village planning and zoning objectives, as expressed in the comprehensive plan, and as set forth within this chapter.

      3.   At or before the preapplication meeting, the petitioner shall provide five (5) copies of:

         a.   A sketch plan describing the proposed development and surrounding area in sufficient detail to demonstrate the relationship of the planned development to adjoining uses, both existing and proposed, and to the topography and natural features of the adjoining land uses. The sketch plan shall include:

North arrow, scale, and date of preparation.

Name and address of site planner or surveyor who prepared the plan.

Proposed land uses.

Total acreage, and percent of the site devoted to each land use.

Proposed layout of streets, lots, and blocks.

Proposed dedication of school and park sites, if any.

Proposed building footprints and estimated floor area for all nonresidential structures, if any.

Approximate densities of dwellings, if any.

Wetlands, floodplains, floodways and surface waters, including lakes, ponds, streams, and drainage swales, if any.

Major stands of trees and other existing vegetation, if any.

Any other data reasonably necessary to provide an accurate overview of the proposed development.

         b.   A brief written statement that contains a general description of the planned development and includes:

Evidence of ownership or approval from the property owner.

A description of contiguity, when proposed for annexation.

Economic benefits to the village attributable to the planned development.

Preliminary implementation schedule.

         c.   A list of all requested exceptions to the applicable village code provisions.

         d.   Other information determined to be necessary by the village administrator to clearly describe the planned development.

      4.   The plan review committee shall review the proposed sketch plan and other documentation, and shall advise the petitioner as to the compatibility of the planned development with the comprehensive plan, the zoning ordinance, subdivision ordinance 8, and the goals and policies for planning of the village. Recommendations relative to a preapplication plan review are advisory only, and shall not constitute a waiver from the requirements contained in this code.

      5.   The plan review committee may, at its discretion, require plans and support documentation to be revised before making a recommendation on the pre-application plan. This may require additional meetings between the petitioner and the committee, to assure that the proposed planned development conforms, to the maximum extent possible, with the applicable code provisions, goals, and policies of the village.

      6.   When deemed desirable by the committee, village staff or consultants shall prepare a written report which shall be forwarded to the plan commission/board of appeals and village board. The report shall:

         a.   Evaluate compatibility of the planned development with Kildeer's comprehensive plan.

         b.   Identify exceptions from applicable codes and ordinances which have been requested by the petitioner.

         c.   Summarize recommendations by the plan review committee regarding the proposed planned development.

         d.   Summarize the petitioner's proposed schedule for submitting preliminary and final plans in accordance with procedures set forth herein.

   C.   Preliminary Plan:

      1.   Purpose: The purpose of the preliminary plan is to obtain a recommendation from the plan commission/board of appeals and preliminary approval by the village board that all plans and programs that the petitioner intends to build and follow are acceptable, and that the petitioner can reasonably proceed with preparation of detailed architecture, engineering, site and landscape plans. The preliminary plan is more detailed than the sketch plan required for preapplication, and is meant to assure the petitioner that final plans will be approved if they substantially conform to the approved preliminary plan.

      2.   Procedure:

         a.   Application: An application for a preliminary plan approval for a planned development must be filed with the Zoning Administrator. All applications must be filed in accordance with the requirements of this section. Once it is determined that the application is complete, the Zoning Administrator will schedule the application for consideration by the Plan Commission/Board of Appeals. A request for preliminary approval must be approved by the owner of record of a planned development.

         b.   Preliminary and final plans shall be filed and processed consecutively unless the Village Administrator determines that the proposed planned development can be processed simultaneously.

         c.   Preliminary plats of subdivision may be processed along with the preliminary plan submittal in accordance with procedures set forth in title 6 of this code. Submittal requirements for preliminary plat approval are identified in title 6, chapter 3 of this code.

      3.   Submittals: The petitioner shall file the required number of copies of plans and other supporting documentation, as identified below, with the village administrator.

Once all required drawings and information have been received, the village administrator shall distribute the preliminary plan submittal to the plan commission/board of appeals. The petitioner shall deliver copies of all such documents to the other reviewers designated by the village administrator. Required plans and support documentation shall be submitted no later than fifteen (15) working days before the regularly scheduled meeting of the plan commission/board of appeals, to assure adequate time for review by members of the commission/board, village staff, and its consultants. Required submittals shall include, but not necessarily be limited to, the following:

         a.   Location map.

         b.   Plans and surveys at a scale of one hundred feet to the inch (1" = 100'), unless the area of the site is more than two hundred (200) acres, in which case said plans and surveys may be submitted that are two hundred feet to the inch (1" = 200'). The following information shall be provided:

Boundary survey: A boundary line survey of the subject site prepared and certified by a registered land surveyor.

Topography: Existing topographic character of the land with contours shown at intervals no greater than two feet (2').

Site analysis: A detailed planning factors map depicting the following information:

   Existing land uses both on the site and immediately adjacent.

   Scenic views.

   Wooded areas, as well as identification of trees over six inches (6") in caliper.

   Soils with severe limitations that are unsuitable for building, road construction and septic fields, as defined by the soil conservation service. Additional soils information may be requested by the plan commission/board of appeals or village engineer.

   Portions of the site in any floodplain or floodway.

   Streams, drainage ditches, culverts, wetlands and standing water.

   General directions of the storm water runoff across the property.

   Public utilities information, including the location and size of existing sanitary sewers, storm sewers, and water lines both on the site and in easements and rights of way immediately adjacent to the site, including gas, electric, telephone and cable.

Site plan: The proposed site plan shall be superimposed upon the topographic map prepared for the site. The proposed site plan shall contain all the information required at the preapplication stage, as well as the following:

   Location of the subject site by section, town, and range or by other approved legal description.

   Name and address of the site planner, engineer, architect and landscape architect.

   Name and address of the owner and/or trust beneficiary.

   Site data, including:

   Total acreage, and acreage of each proposed lot, outlot, and common areas.

   Acres and percent of the planned development devoted to each land use.

   Percent of land devoted to streets and public rights of way.

   Percent of impervious surface.

   Percent of the site devoted to usable open space.

   Net residential densities (if any).

   Minimum lot size.

   Existing zoning on and adjacent to the site.

   Proposed zoning.

   Municipal and school district boundaries.

   Utility easements.

   Proposed lotting and footprints of all nonresidential structures.

   Maximum lot coverage by buildings and other impervious surfaces, for all residential and nonresidential areas within the planned development.

   Off street parking and service loading areas, including number and dimensions of parking spaces, drive aisles and loading zones.

   Configuration and acreage of all land proposed 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.

   Pedestrian and/or bicycle circulation systems.

   Parkway or greenbelt system.

   Proposed phasing.

   Location of proposed trash bins and enclosures for all nonresidential uses.

   All other information determined necessary by the plan commission/board of appeals to clearly show the proposed elements of the planned development.

Grading plan: That grading plan shall show both existing and proposed contours and elevations for the entire planned development, and shall identify all areas proposed for excavation and/or filling of the property.

Landscape plan: The landscape plan shall be superimposed on the grading plan, and shall include:

   Any proposed fences, walls, berms and entry monuments.

   Contours for any landscaped berms.

   One or more sections through the site to illustrate the relationship between the landscape materials, the landform, proposed buildings and nearby residential properties. Locations of all trees and shrubs, keyed into a plant list which identifies species, sizes and quantities for all proposed plantings.

   Method of screening any trash bins and enclosures.

Photometric plan: The plan shall be superimposed on the site plan, and shall:

   Identify the location and heights of all light standards.

   Identify foot-candle intensities on the site of the planned development, and extending ten feet (10') beyond the proposed property lines.

   Include specifications for proposed lighting, including wattage, method of illumination, and color of light standards and luminaries.

Development schedule: A development schedule shall be submitted which addresses:

   The approximate dates for initiating project construction.

   Phasing and anticipated date of completion for each phase.

   The area and location of common space that will be provided with each phase.

   The mix of uses proposed for implementation within each phase of a mixed use planned development.

Architectural drawings: Preliminary architectural drawings for all primary buildings shall be submitted which include:

   Typical elevations for proposed residential and nonresidential buildings which identify materials for all elements of the building and proposed color styling.

   Gross floor area for all nonresidential buildings.

   Minimum and maximum habitable floor areas for residential buildings, excluding garages, basements, porches, and patios.

   Proposed building heights.

   Roof plan for all nonresidential structures which shows the proposed location of all roof mounted mechanical equipment.

   Cross sections of all nonresidential structures which show the relation of the roof structure and/or parapet wall to proposed roof mounted equipment.

Protective covenants: Proposed covenants shall be prepared and submitted which include:

   Architectural controls for residential dwellings, including:

   Minimum floor area, excluding garages, basements, porches and patios.

   Maximum lot coverage.

   Materials.

   Antimonotony code.

   Required landscaping for individual lots.

   Gross floor area and maximum lot coverage for all other structures.

   Provisions for dedication and maintenance of all open space and common areas.

Utility plan: A proposed utility plan shall be superimposed on the proposed land use plan, and shall:

   Show the approximate location and dimensions of all sanitary sewer, storm sewer, and water lines for all proposed land uses.

   Show drainage ditches, culverts, and water retention areas as well as any utility easements.

   Be accompanied by a statement from the petitioner's engineer attesting to the capability of existing sewer systems to service the proposed development.

Traffic impact study, prepared by a traffic engineer, which:

   Identifies anticipated volumes of traffic to be generated by each phase of the planned development.

   Includes required public roadway improvements and/or traffic regulation devices needed to ensure the proper safety or traffic circulation to, through, and around the planned development.

Written statement: A written statement shall be submitted which describes:

   How the proposed planned development meets the objectives of the comprehensive plan.

   How the project is compatible with adjacent development or planned land uses.

   How the project will economically benefit or otherwise affect Kildeer, including information regarding additional public facilities and/or services that will be needed as a result of the proposed project.

   The mix of land uses proposed for development.

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

   Proposed phasing, and estimated dates of project initiation and completion.

Other: The plan commission/board of appeals may require preparation and submittal of the following for review and evaluation:

   Tax impact study, detailing the estimated cost which the planned development will have upon all taxing bodies and anticipated revenues which will be realized from each phase of development.

   A school demographic study, as required by subsection 6-3-3B of this code.

   Other information determined appropriate by the plan commission/board of appeals.

      4.   Plan Commission/Board of Appeals Review:

         a.   Upon receipt of all required submittals, the village administrator shall notify the petitioner of the next available regularly scheduled meeting of the plan commission/board of appeals. At that time, the petitioner may request to present the proposed planned development to the plan commission/board of appeals for review on an informal basis pursuant to this section or request the proposed planned development be set for review at a public hearing. The petitioner may submit revised plans based on village staff feedback and comments prior to scheduling a public hearing.

         b.   The village planner and village engineer shall prepare staff reports, which evaluate the proposed planned development for compliance with applicable codes, ordinances, and the comprehensive plan. Staff reports shall be available to the petitioner before the scheduled meeting. Reports may be obtained from the village administrator at the village hall.

         c.   The petitioner shall present the proposed planned development to the plan commission/board of appeals, and shall respond to questions raised by commissioners, village staff, and its consultants.

         d.   Plans and other supporting documentation shall be revised as necessary to respond to questions and concerns. The petitioner shall present revised submittals to the plan commission/board of appeals at a date determined to be mutually acceptable by the commission/board, village staff, its consultants, and the petitioner. Meetings shall be scheduled to allow the village staff and its consultants a minimum of ten (10) working days to review revised submittals and prepare supplemental staff reports for plan commission/board of appeals distribution.

      5.   Public Hearing:

         a.   Scheduling: To set a public hearing, the petitioner shall submit the required number of copies of plans and support documentation required for preliminary plan review as set forth in subsection C3 of this section. Upon receipt of all required documentation, the village administrator shall coordinate the time, date, and place of the public hearing with the petitioner and the plan commission/board of appeals.

         b.   Content Of Notice: The notice of public hearing shall be provided in accordance with

         c.   Conduct Of Hearing: The petitioner shall enter all plans, drawings and other support documentation into the record as official exhibits, and shall demonstrate compliance with notice of public hearing, notice of surrounding property owners, and posting of the property. The hearing may be continued by the plan commission/board of appeals from time to time to a date certain, during which time drawings and support documentation may be revised and resubmitted.

      6.   Action by the Plan Commission/Board of Appeals:

         a.   After the close of the public hearing, the Plan Commission/Board of Appeals shall forward its recommendations to the Village Board. The recommendation may include conditions of approval intended for incorporation into final plans and supporting documentation.

         b.   The Plan Commission/Board of Appeals shall review the application based upon the evidence presented at the public hearing pursuant to the approval standards of this section. The Plan Commission/Board of Appeals may recommend approval, approval with conditions or an unfavorable recommendation of the preliminary plan. In the event of a tie vote, the minutes of the Plan Commission/Board of Appeals' proceedings shall be forwarded to the Village Board, which reflect the tie vote with no recommendation.

         c.   Conditions. The Plan Commission/Board of Appeals may recommend and the Village Board may impose such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the proposed planned development as may be deemed necessary for the protection for the public health, safety and welfare.

         d.   Approval Standards. The recommendation of the Plan Commission/Board of Appeals and the decisions of the Village Board shall make findings of fact to support the proposed planned development by considering the following standards:

            (1)   The proposed planned development will not be injurious to the use and enjoyment of other property in the vicinity and that any departures from the zoning and subdivision regulations otherwise applicable to the subject property, including, but not limited to, density, setbacks, lot area, bulk, and use are in the public interest.

            (2)   The physical design of the proposed planned development includes adequate provisions for public services; adequate control over vehicular traffic; protects designated common open space; and furnishes the amenities of light and air, recreation and visual enjoyment.

            (3)   The proposed planned development will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the zoning district.

            (4)   The proposed planned development includes provisions for adequate utilities, drainage, off-street parking and loading, pedestrian access and all other necessary facilities.

            (5)   The proposed planned development includes provisions for adequate vehicular egress and ingress designed to minimize traffic congestion upon public streets.

            (6)   The location and arrangements of structures, parking areas, walks, lighting and appurtenant facilities, are compatible with the surrounding neighborhood and adjacent land uses.

            (7)   Compatibility with the comprehensive plan and the goals and policies for planning within the village.

      7.   Village Board Review:

         a.   Within 60 days of receiving the plan commission/board of appeals' statement of findings of fact and recommendation, the village administrator shall schedule the proposed planned development for review by the village board.

         b.   The petitioner shall present all exhibits and testimony applicable for review and action by the village board.

         c.   The village board shall approve, approve with modifications, or disapprove the preliminary plan for the proposed planned development.

      8.   Action By The Village Board: If the preliminary plan is approved, the village board shall approve a development ordinance for the preliminary plan. The ordinance shall identify all applicable exhibits and support documentation upon which village board action is based, and shall include any conditions of approval.

   D.   Final Plan:

      1.   Request For Final Approval: Following the approval of the preliminary plan (unless preliminary and final approval are granted at the same time), an application for a final plan for a planned development must be filed with the Village Administrator within two years, unless an extension of time is requested by the applicant and granted by the Village Board. All applications must be filed in accordance with the requirements in this section

      2.   Final Plats Of Subdivision: Final plats of subdivision may be processed along with the final plan submittal in accordance with section 6-3-5 of this code.

      3.   Submittals: Final plan submittals shall demonstrate compliance with the preliminary plan development ordinance. The petitioner shall file requisite number of copies of plans and other required supporting documentation with the village administrator. Required submittals shall include, but not necessarily be limited to, the following:

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

         b.   A final site plan which includes:

Identification of all use areas, including common open space.

Approved building setbacks and separation.

Footprints of all nonresidential buildings.

         c.   An accurate legal description of each separate unsubdivided use area, such as common open space.

         d.   Tabulations of each use area, including land area, and number of dwelling units per net acre.

         e.   Final landscape plan, superimposed on a grading plan.

         f.   Final utilities and drainage plan.

         g.   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.

         h.   Final development and construction schedule.

         i.   Detailed elevations of buildings, excluding custom homes.

         j.   Final engineering drawings.

         k.   A certificate from the county which documents that no delinquent taxes exist, and that all special assessments constituting a lien on the whole or any part of the property of the planned development have been paid.

      4.   Final Plan Process: The final plan shall be processed as follows:

         a.   The Plan Commission/Board of Appeals shall review the final plan submittal at a public meeting:

            (1)   If the final plan is in substantial compliance with the preliminary plan, the Plan Commission/Board of Appeals shall recommend approval of the final plan to the Village Board. The recommendation may include additional conditions based on the final planned development documentation submitted, such as, but not limited to, final engineering drawings.

            (2)   If the final plan is not in substantial conformance with the preliminary plan, the Plan Commission/Board of Appeals must inform the applicant as to specific areas found not to be in compliance and the applicant must resubmit the final plan with changes to those areas found not to be in substantial compliance. If the revised final plan remains noncompliant with the preliminary plan, the applicant may request that the Plan Commission/Board of Appeals render a decision to be forwarded to the Village Board. In such case, the Plan Commission/Board of Appeals will recommend to the Village Board that the final plan be denied

         b.   Action by the Village Board: Within 60 days of receipt of the Plan Commission/Board of Appeals recommendation, the Village Board must review the final plan. The Village Board must approve or deny the final plan. If denied, the applicant may reapply by submitting a new final plan. If the Final Plan is approved, the village board shall approve a development ordinance for the Final Plan. The ordinance shall identify all applicable exhibits and support documentation upon which village board action is based and shall include any conditions of approval.

         c.   Effects of Approval

            (1)   After final plan approval, the final plan will constitute the development regulations applicable to the subject property and must be recorded with the Lake County Recorder of Deeds. The planned development must be developed in accordance with the final plan. Violation of any condition is a violation of the Ordinance and constitutes grounds for revocation of all approvals granted for the planned development.

            (2)   No plats shall be recorded and no building permits issued, until final plan submittals have been approved by the village board.

         d.   Expiration

            (1)   The final plan approval expires if a site development or building permit has not been issued within two years after the date the Village Board grants final plan approval. As part of the Village Board approval of the final plan, the Village Board may extend this period of time. An extension of the two year validity period may be granted by the Village Board prior to the expiration date of the approval if the applicant requests an extension in writing prior to the expiration date of the approval.

            (2)   If a map amendment was approved as part of the planned unit development approval, once the final plan has expired with no request for extension pending, the Village Board may initiate a map amendment to rezone the lot to its most appropriate district classification, as deemed suitable by the Village Board, acting on the recommendation of the Planning and Zoning Board.

      5.   Guarantees: In all cases where special use permits for a planned development are granted, the Village Board shall require such evidence and guarantees as it may deem necessary as proof of compliance or future compliance that the conditions stipulated in the special use permit. (Ord. 91-O-587, 8-5-1991; amd. Ord. 91-O-587, 8-5-1991; Ord. 03-O-866, 1-6-2003; Ord. 05-O-942, 11-7-2005; Ord. 22-O-031, 12-20-2022)

   A.   The planned development shall be developed only according to the approved final plan development ordinance. The recorded final plan and supporting data, together with all recorded documents and amendments, if any, shall be binding on the owners, successors, heirs, and assigns.

   B.   Changes to a planned development may be made as follows:

      1.   Major Changes: Changes which alter the concept or intent of the planned development may be approved by the village board only by submission of a revised planned development plan and plat or other approval under the zoning code. All revisions shall be reviewed by the plan commission/board of appeals at a public hearing, in accordance with procedures set forth in subsection 5-14-4D of this chapter. Major changes include, but are not limited to:

         a.   Increases in residential density.

         b.   Increases in the heights of buildings.

         c.   Reductions in approved common open space or preservation areas.

         d.   Modifications to the approved uses and a change by more than ten percent (10%) in the acreage allocated to each use.

         e.   Increases in square footage of business planned developments of more than one percent (1%).

         f.   Rearrangement of lots, blocks, and building tracts.

      2.   Minor Changes: Minor changes may be approved by the village board, after review and report by the plan commission/board of appeals, provided said changes do not alter the spirit and intent of the approved planned development. Minor changes include:

         a.   Minor modifications to the location of buildings, provided all setbacks established for the planned development are met.

         b.   Minor changes to the location and configuration of streets and rights of way which are made to preserve natural features.

         c.   Minor changes to the location and configuration and size of approved open space and common areas due to circumstances not foreseen at the time that final plans were approved.

         d.   Changes in project phasing and development.

         e.   Modifications to the final governing agreements, provisions, or covenants.

      3.   Incidental Field Changes: Incidental field changes may be approved by the village administrator, after review by appropriate staff personnel. Incidental Field Changes include:

         a.   Changes required by other governmental bodies having jurisdiction over the development

         b.   Changes required during construction when related to final engineering issues such as topography, drainage, underground utilities, structural safety, or vehicular circulation.

         c.   Minor changes in building location that continue to meet the requirements of this Ordinance and any conditions of the final plan approval.

         d.   Minor changes in the location of walkways, vehicle circulation ways and parking areas that continue to meet the requirements of this Ordinance and any conditions of the final plan approval.

         e.   Interior modifications that do not increase the total floor area or building footprint by more one percent (1%).

         f.   Changes in building materials and architectural elevations that are minor in nature such as replacement of discontinued materials, changes in color scheme, etc.

         g.   Modifications to the approved landscape plan that does not result in a reduction of the total amount of plant material required such as plant substitutions or relocations.

         h.   Reduction in parking spaces in a business planned development of less than the greater of one percent (1%) or one (1) space.

      4.   Recording: Major changes which are approved for the final plan must be recorded as amendments to the recorded copy of the final plan. (Ord. 91-O-587, 8-5-1991; amd. Ord. 05-O-942, 11-7-2005; Ord. 22-O-031, 12-20-2022)