The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Planned unit development means a tract of land containing not less than five acres which is comprehensively planned as an entity via a unitary plan which permits flexibility in building, mixture of housing types and land uses, usable open spaces and the preservation of significant natural features. Upon request, the village board may modify or waive the acreage restriction.

(Code 1985, § 8(7.1-1))

Cross reference— Definitions generally, § 1-2.

The purposes of this article within the village are to:

(1)

Promote flexibility in design and permit planned diversification in the location of structures;

(2)

Promote the efficient use of land to facilitate a more economic arrangement of buildings, circulation systems, land use and utilities;

(3)

Preserve, to the greatest extent possible, the existing landscape features and amenities and to utilize such features in a harmonious fashion;

(4)

Provide for more usable and suitably located recreational facilities and other public and common facilities than would otherwise be provided under conventional development procedures;

(5)

Combine and coordinate architectural styles, building forms and building relationships with the planned development;

(6)

Ensure a quality of design and construction for developments within the village and to provide greater amenities, flexibility and other benefits in the best interest of the village; and

(7)

Give developers reasonable assurance of approval before they expend complete design monies, while providing village officials with assurance that the project will retain the character envisioned at the time of approval.

(Code 1985, § 8(7.1-2))

(a)

Prior to filing a formal application for planned development approval, the petitioner shall request a preapplication conference with the village board. No such conference shall be binding upon the village. The purpose of the preapplication conference is to advise and assist the petitioner before presentation of the development plan so that the petitioner may determine whether:

(1)

The proposed planned development appears, in general, to be in compliance with the provisions of this chapter and other applicable ordinances of the village.

(2)

It appears that any zoning amendment or variance is required.

(3)

Is appears that the proposed planned development will be in conformity with the comprehensive plan of the village.

(b)

The preapplication conference is mandatory, but does not require formal application, fee or filing of a planned development.

(Code 1985, § 8(7.1-3))

The purpose of a preliminary development plan is to provide information necessary to evaluate the planned development. The preliminary development plan and the final development plan may be combined for planned developments of less than 20 acres in which case the applicant may, with the prior approval of the village board, proceed with submission of the combined preliminary development plan and final development plan. Should the applicant elect to proceed with such combined submission for preliminary/final development plan approval, the requirements of this article for both phases of approval, shall still apply, and the applicant shall proceed with such combined development plan entirely at this own risk, and the village shall be under no obligation to approve such combined development plan.

(Code 1985, § 8(7.2-1))

Application for preliminary plan approval of a planned development within the village shall be filed with the village clerk, and shall be accompanied by sufficient copies of the preliminary development plan in such number as may be determined by the village clerk. The filing fee shall be submitted for all or specified phases of the planned development as required by the village. The following information shall be required for all preliminary plans:

(1)

Evidence of ownership indicating the entire site of the planned development shall be under single ownership and/or unified control.

(2)

Names and addresses of the persons to whom notices of hearings shall be sent, including the petitioner, the designers of the subdivision and the owners of the land within 250 feet, exclusive of public right-of-way, of the planned development.

(3)

A boundary survey and legal description of the areas prepared and certified by a registered state land surveyor, showing the total acreage to the nearest one-hundredth of an acre, a true north point and the date of preparation.

(4)

A topographical survey of the area at one-foot contour intervals.

(5)

A land use plan for the entire planned development showing the boundaries of the proposed development; the plans for the future development of the area; and the types, location and acreage of land uses. Any residential use areas shown on the plan shall show the proposed number and type of dwelling units and the densities, by type, during each phase of the planned development. Drawings shall be provided showing each proposed residential type of housing unit. More detailed information may be required for that part intended for initial development.

(6)

A traffic study, prepared by a certified traffic engineer, providing a general description of existing roads on and adjacent to the proposed road improvements necessary for the development, a circulation diagram indicating the proposed movement of vehicles, goods and pedestrians within the development and to and from existing thoroughfares, indicating any special engineering features and traffic regulation devices needed to ensure the safety of persons and property.

(7)

A description of the requested modifications, exceptions and variances of and from the requirements of this section or from chapter 66 of this Code.

(8)

A market research report, or its equivalent, to establish the marketability for the proposed development.

(9)

A draft of proposed covenants and restrictions required by the village, or otherwise, that are intended to be filed in the office of the county recorder of deeds prior to the disposition of any land in the planned development. The village shall require such covenants and adequate provisions to assure proper maintenance and repair of all areas and facilities under common ownership, including the payment for and enforceability of such covenants and restrictions by or on the behalf of the village. The draft shall also set forth the proposed charter and bylaws of an association, if any, for homeowners, merchants or industrial owners.

(10)

A site plan and any maps necessary to show the major details of the proposed planned development. Such site plan and maps shall contain the following minimum information:

a.

The existing site conditions, including contour foot intervals, watercourse, floodplains, trees over six inches in diameter as measured one foot above grade, unique natural features and existing coverage, and the results of soil borings 20 feet below the ground surface at 400 foot intervals, or as required by the village board. Such soil borings shall include information regarding subsurface conditions of the area, subsurface soil, rock, groundwater conditions and depth to groundwater.

b.

Proposed lot lines and plot designs.

c.

The location and floor area size of all existing and proposed buildings, structures and other improvements, including maximum heights, types of dwelling units, density per type and nonresidential structures, including commercial facilities.

d.

The location and size, in acres or square feet, of all areas to be conveyed, dedicated or reserved as common open space, public parks, recreational areas, school sites or similar public and semipublic uses.

e.

The existing and proposed circulation system of arterial, collector and local streets, including off-street parking areas, service areas, loading areas and major points of access to public rights-of-way, including major points of ingress and egress to the development.

f.

The existing and proposed pedestrian circulation system, including its interrelationship with the vehicular circulation system, indicating proposed treatment of points of conflict.

g.

The existing and proposed utility systems, including sanitary sewers, storm sewers, water and easements.

h.

A general preliminary landscape plan indicating the treatment of materials used for private and public open spaces.

i.

General street and public area lighting plans.

j.

Boundary lines of adjoining unsubdivided land within 100 feet, identifying by name and ownership existing land use, zoning average density per acre, public facilities and unique natural features of the landscape.

(11)

A development schedule indicating the approximate date when construction of the planned development and phases of the planned development can be expected to begin and be completed.

(12)

An explanation of the character of the area covered by the preliminary plan, and the reasons why it is suitable for a planned development.

(13)

Statement on the type and amount of ancillary and nonresidential uses in a residential development, including the amount of common open space, recreational areas and facilities.

(14)

Statement of title under which proposed development is to be recorded, names and addresses of owners and present tract designation, including book and page, if available, according to official records in the office of the recorder of deeds.

(15)

Floor plans and elevations of proposed structures.

(Code 1985, § 8(7.2-2))

The plan commission shall hold a public hearing on the application for a planned development and preliminary plan. Notice shall be given of the time and place of the hearing by publishing a notice of such hearing at least once in a newspaper of general circulation in the village. The publication of the notice of public hearing shall be not more than 30 days nor less than 15 days prior to the date of the hearing. Notice of the hearing shall be provided to the owners of record within 250 feet, exclusive of public rights-of-way, of the planned development not more than 30 days nor less than 15 days prior to the date of hearing. The form of notice, to be provided by the village clerk, shall be by certified or registered mail, return receipt requested.

(Code 1985, § 8(7.3))

Within 90 days after the close of the public hearing as set forth in section 86-406, the plan commission shall give a written opinion to the village board recommending approval, modification or disapproval of the preliminary development plan.

(Code 1985, § 8(7.4))

The village board, after receipt of the preliminary development plan, shall approve, modify or disapprove such plan. The village board may require such special conditions as they deem necessary to ensure conformity with the intent and purpose of all village ordinances. Upon approval by the village board of the plan by an ordinance, a record shall be prepared, including findings of fact, setting forth the terms of relief and/or variances granted from existing ordinances, in general, and specifically from the subdivision and other improvement ordinances. Approval of a preliminary plan shall not constitute approval of the final plan. The village board shall notify the plan commission and applicant of its action.

(Code 1985, § 8(7.5))

Approval of a preliminary plan by the village board shall not constitute approval of the final plan, nor qualify a plat of the planned development for recording. If a preliminary plan is approved and thereafter, but not prior to final approval, the petitioner shall choose to abandon such plan and notify the plan commission in writing, or fail to file application for final plan approval within the required time period, or any extension of such time period, the preliminary plan approval shall be deemed to be revoked and all of that portion of the area included in the plan for which final approval has not been given shall be subject to all applicable ordinances. No building permit shall then be issued for any structure until approval for such issuance has been given by the village board of the final plan.

(Code 1985, § 8(7.6))

The purpose of a final development plan is to designate:

(1)

The subdivided land into lots;

(2)

The division of other lands into common open building areas; and

(3)

And limit the specific use of land, buildings and structures on such land.

(Code 1985, § 8(7.7-1))

The final development plan shall substantially conform to the approved preliminary plan. It may be submitted in stages with each stage being a portion of the approved preliminary plan which is to be developed and recorded; each such portion shall conform to all requirements of this chapter. After reviewing the final plan and supporting data, the plan commission shall approve or disapprove the plan within 60 days. The required procedure for approval of the final development plan shall be as follows:

(1)

Within 12 months after approval of the preliminary development plan, the petitioner shall submit a final plan for approval.

(2)

Application, final plan and supporting data shall be filed with the village clerk with sufficient copies of the plan as determined by the village clerk. The plan commission shall certify that the final plan is in conformity with this section and is in agreement with the approved preliminary plan.

(3)

Final plans for all or part of the planned development shall be submitted to the village clerk. There shall be no minimum acreage requirement with respect to final plans. Such plans shall be in substantial compliance with the development schedule.

(4)

If the planned development constitutes a subdivision, a final subdivision plat shall be submitted. Any such final subdivision plat shall set forth suitable dedications of permanent open and recreational space to be owned in common, rights-of-way and other requirements of ordinances and statutes as may be in force from time to time.

(5)

The locations of all buildings, parking and loading spaces and any other special structure, facility or feature approved or required by the village board shall be indicated on the final development plan.

(6)

The final version of the covenants, if any, by which the petitioner proposes to regulate land use and otherwise protect the proposed development, accompanied by written representation and warranty of the petitioner, in form and substance satisfactory to the village attorney, to the effect that the owner of the real property, which is the subject of the proposed planned development, has not sold or otherwise disposed of any interest in such property, and will not sell or otherwise dispose of any such interest prior to the filing for record of such covenants in the county office of the recorder of deeds.

(7)

Such deeds and easement agreements, if any, as are required by the village board, shall be filed in form and substance approved by the village attorney, conveying ownership interest in the parcels within the proposed planned development which are to be subject to public or common ownership.

(8)

A copy of the articles of incorporation of the homeowner's, merchant's or industrial owner's association, if any, and a complete copy of such bylaws shall be submitted, all certified by the secretary of state, as existing, authenticated not more than 30 days prior to submission.

(9)

All final development plans shall be prepared in such detail as may be required by the village board, including:

a.

Sanitary and storm sewer systems;

b.

Water supply system;

c.

Street and public area lighting systems;

d.

Sidewalks, trails and paths; and

e.

Landscape plan.

(10)

Estimate of the cost of installation of all proposed public improvements, confirmed by a registered state engineer.

(11)

Final floor plan and elevations of proposed structures.

(12)

A certificate furnished by the county tax collector stating that no delinquent taxes exist against the property, and that all special assessments constituting a lien on the whole or in part of the property of the planned development have been paid.

(Code 1985, § 8(7.7-2))

In reviewing the preliminary and final development plans, the plan commission and the village board shall be guided by the following:

(1)

All plans shall be designed so that the public health, welfare and safety shall be protected.

(2)

The proposed development shall be such that it does not cause substantial injury to the value of other property in the immediate area.

(3)

All plans shall provide for protection of both the aesthetics and function of the natural environment, including, but not limited to, conditions pertaining to floodplains, soil and geologic characteristics, air quality and preservation of vegetation.

(4)

Residential use areas should have a variety of housing types and densities necessary to achieve a balanced neighborhood.

(5)

The planned development shall include land area necessary to accommodate cultural, educational, recreational and other public and quasi-public activities necessary to serve the needs of the residents of such development.

(6)

The proposed development shall provide for the orderly and creative arrangement of all land uses with respect to each other and to the entire village.

(Code 1985, § 8(7.8))

All planned developments within the village shall be developed in strict compliance with the recorded final plan and supporting data. All filed and recorded final plans and covenants shall be contractual undertakings by, and shall be binding upon, the application for such planned development, the owners of the land covered by such planned development, their successors and assigns, and shall limit and control the construction location and use, and operation of all land in such planned development, and all improvements and structures to be located in such planned development.

(a)

Approval of any planned development by the village board shall carry with it approval of the development for completion for each phase or segment of the planned development as contained in the application, including any changes or amendments imposed by the village board and accepted by the applicant. If any portion of such development schedule is not met, the village board, upon a written request by the applicant for an extension of time, delivered to the village board at least 20 days prior to the expiration of the completion date for which such extension is requested, may, for good cause shown, extend the completion date for such length of time as the village board, in its sole discretion, deem justified by the circumstances. Upon the failure of an applicant to satisfactorily meet any phase or segment of the development schedule within 30 days after the expiration of the completion date, or within 30 days after any extension of such date granted by the village board, the planned development granted as a special use shall lapse, terminate and become null and void, and the tract of land subject to such special use shall retain its underlying zoning classification; provided, however, that the village board shall permit such portion of the planned development special use to remain in effect with respect to such tract as is reasonably warranted by the then current state of development so as avoid manifest injustice to the applicant and his successors in title. The applicant may apply for approval of a new planned development or for rezoning of the subject premises within 60 days after termination of the special use. If the applicant does not make such application within such 60-day period, the village board shall initiate consideration of rezoning of the subject property by referring the matter to the plan commission for public hearing and recommendations.

(b)

Upon issuance of a special use permit and the necessary building permits, no major changes may be made during or after the development of the final plan as approved and recorded; however, such major changes may be made pursuant to section 86-418.

(Code 1985, § 8(7.9))

When a planned development has not been substantially commenced within one year from the date of granting of authorization for such planned development, the plan commission may recommend and the village board, after notice and public hearing, may repeal the ordinance authorizing any such planned development.

(Code 1985, § 8(7.9-1))

The plan commission may recommend and the village board may authorize specified uses permitted in part of the area of a proposed planned development which are not permitted by the use regulations of the district in which such development is located, provided that the plan commission shall find that the uses permitted by such exception are:

(1)

Necessary or desirable and are appropriate with respect to the preliminary purpose of the planned development; and

(2)

Not of such a nature or so located as to be a detrimental influence on the surrounding neighborhood.

(Code 1985, § 8(7.9-2))

In the case of any planned development in the village, the plan commission may recommend and the village board may authorize exceptions to the bulk regulations of this chapter within the boundaries of such planned developments, provided that the petitioner shall present sufficient evidence to the plan commission that such exception shall be solely for the purpose of promoting an integrated 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 chapter for building developed on separate zoning lots.

(Code 1985, § 8(7.9-3))

If the organization established to own and maintain common open space, recreational areas and related facilities, or any successive organization, shall, at any time after establishment of the planned development, fail to maintain the common open space, recreational areas and related facilities in reasonable order and condition, in accordance with the development plan, the village may serve written notice upon such organization or upon the residents of the planned development setting forth the manner in which the organization has failed to maintain the space in a reasonable condition, and such notice shall include the following:

(1)

A demand that such deficiencies of maintenance be remedied within 30 days. If such deficiencies are not remedied within such 30-day period, the village shall serve notice of hearing on such deficiency. Such notice shall state the date and place of hearing, and shall be sent by registered mail, not less than five days nor more than ten days from the hearing date. At the hearing, if the village finds the deficiencies cannot be remedied by the responsible party, the village, in order to preserve the taxable values of the properties within the planned development and to prevent the common open space from becoming a public nuisance, may enter upon such property and maintain the property for a period of one year. Such entry and maintenance shall not vest in the public any rights to use the common open space or recreational areas. Before the expiration of the one-year period, the village shall, upon its initiative or upon the request of the organization responsible for the maintenance of the common open space, call a public hearing, upon notice to such organization or to the residents of the planned development, to show cause why such maintenance by the village shall not, at the election of the village, continue for a succeeding year. If the village board determines that such organization is not ready and able to maintain the common open space and recreational areas in a reasonable condition, the village may, at its discretion, continue to maintain such common open space during the next succeeding year. The decision of the village board in any case shall constitute a final administrative decision, subject to review in accordance with appropriate provisions of this article.

(2)

The cost of such maintenance by the village shall be assessed against the properties within the planned development that have a right of enjoyment of the common open space and recreational areas. The village may pursue such payments by appropriate legal action.

(Code 1985, § 8(7.9-4))

(a)

Major changes. Changes which alter the concept of a planned development, including, but not limited to, changes in density, type and location, and height of buildings and proposed open space must be approved by submission of preliminary and final development plans pursuant to the provisions of this article and provisions for a public hearing under section 86-406.

(b)

Minor changes. Minor changes in locations, siting or character of buildings in a planned development may be authorized by the village board, if required by engineering or architectural constraints, or other circumstances not foreseen at the time the final development plan was approved. The village board may not authorize as a minor change any increase in the size of a building or structure. The village board may authorize as a minor change, changes in the location of any building or structure in any direction, up to ten feet.

(Code 1985, § 8(7.10))

Building, zoning and occupancy permits shall be required for each structure in a planned development in the village. No building permit relating to any part of a planned development shall be issued prior to the approval of a final plan of such part of the planned development.

(Code 1985, § 8(7.11))

Prior to the recordation of a final plat of a planned development in the village, the applicant shall submit either an escrow deposit or an irrevocable letter of credit as a guarantee for the completion of all public facilities and improvements made necessary as a result of the planned development in conformance with chapter 66 of this Code.

(Code 1985, § 8(7.12))

In addition to the deposit provided for in section 86-420, a deposit shall be made to the village in the form of an irrevocable letters of credit which shall be in a form approved by the village attorney, or in the form of a maintenance bond, equal to ten percent of the estimated cost of public facility installations. This deposit shall be a guarantee of satisfactory performance of the facilities constructed within the planned development, and shall be held by the village for a period of 12 months after acceptance of such facilities by the village. After such 12-month period, the deposit shall be refunded if no defects have developed, or if any defects have developed, then the balance of such deposit shall be refunded after reimbursement for amounts expended in correcting the defective facilities.

(Code 1985, § 8(7.13))

Upon completion of construction of any public improvements required by the approved final development plan, in conformance with approved engineering plans and specifications, the applicant shall prepare and submit to the village department of public works four sets, plus one reproducible set on drafting film, of as-built plans, and certification by the village engineer that such improvements have been satisfactorily completed in accordance with the approved engineering plans and specifications, and a bill of sale transferring all rights, title and interest in and to the public improvements to the village. The village board will enact a resolution accepting the public improvements.

(Code 1985, § 8(7.14))

All other subdivision and improvement ordinances of the village shall remain in full force and effect, unless otherwise varied by this article.

(Code 1985, § 8(7.15))