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Lake Bluff City Zoning Code

CHAPTER 14

PLANNED COMMERCIAL DEVELOPMENTS PCDs

10-14-1: GENERAL PROVISIONS:

A.   Authority: The Board of Trustees may grant special use permits pursuant to this chapter and section 10-2C-3 of this title to authorize the development of planned commercial developments ("PCDs") in the districts where PCDs are listed as a special use in the Village's zoning use table in section 10-13-3 of this title.
B.   Purpose: PCDs are a distinct category of special use. Within a PCD, the traditional use, bulk, space, and yard regulations may be relaxed if they impose unnecessary rigidities on the proposed development or redevelopment of a parcel of land that requires an individual, planned approach. Through the flexibility of a PCD, the village seeks to achieve the following specific objectives as appropriate for a particular proposed development, among others that will be in the best interests of the village:
1.   Stimulating creative approaches to commercial development of land;
2.   Providing more efficient use of land;
3.   Preserving natural features and providing open space areas and recreation areas in excess of those required under standard zoning regulations;
4.   Developing and implementing new approaches to the living environment through variety in type, design and layout of buildings, transportation systems, and public facilities;
5.   Unifying buildings and structures through design;
6.   Promoting long term planning to allow harmonious and compatible land uses or combination of uses with surrounding areas;
7.   Promoting environmentally sound development practices;
8.   Facilitating development in harmony with the village's comprehensive plan; and
9.   Promoting the public health, safety, and welfare.
C.   Parties Entitled To Seek PCD Approval: An application for a special permit to permit a PCD may be filed by the owner of, or any person having a binding contractual interest in, the subject property.
D.   Size Of Property: The provisions of this chapter apply to any project that includes four (4) acres or more of total land area. (Ord. 2013-12, 6-10-2013; amd. Ord. 2022-38, 12-12-2022)

10-14-2: PROCEDURE:

A.   Development Concept Plan:
1.   Purpose: The development concept plan provides an applicant the opportunity to submit a plan showing the basic scope, character, and nature of the entire proposed PCD without incurring undue initial costs. The initial required public hearing is based on the development concept plan, thus permitting public consideration of the proposal at the earliest possible stage. Once approved, the development concept plan binds both the applicant and the village to the following basic elements of development:
a.   Categories of uses to be permitted;
b.   General location of land uses;
c.   Overall maximum intensity of uses;
d.   The general architectural style of the proposed development;
e.   General location and extent of public and private open space including pedestrian and recreational amenities;
f.   General location of vehicular and pedestrian circulation systems;
g.   Preliminary staging of development;
h.   General nature, scope, and extent of public dedications, improvements, or contributions to be provided by the applicant; and
i.   Other elements as may be included in the approved development concept plan.
2.   Application: An application for approval of a development concept plan shall be filed in accordance with the requirements of section 10-14-6 of this chapter.
3.   Public Hearing: A public hearing shall be set, noticed, and conducted by the PCZBA in accordance with subsection 10-2C-10 of this title.
4.   Action By PCZBA: Within sixty (60) days after the conclusion of the public hearing, the PCZBA shall transmit to the board of trustees its recommendation that the development concept plan either be approved, be approved subject to modifications, or not be approved. The failure of the PCZBA to forward its recommendation within such sixty (60) days after completion of the public hearing, or such further time to which the applicant may agree, shall be deemed a recommendation for the approval of the development concept plan as submitted.
5.   Optional Submittal To The Architectural Board Of Review: After the conclusion of the public hearing by the PCZBA concerning the development concept plan, the applicant may request that the architectural board of review conduct an informal workshop meeting pursuant to public notice for the purpose of providing comments on the development concept plan, which meeting shall take place prior to the consideration of the development concept plan by the village board.
6.   Action By Board Of Trustees: Within sixty (60) days after the receipt of the recommendation of the PCZBA, or its failure to act, as provided in subsection A4 of this section, the board of trustees shall consider the recommendation of the PCZBA and then either shall deny the application for approval of the development concept plan, shall refer it back to the PCZBA for further consideration of specified matters, or, by ordinance duly adopted, shall approve the development concept plan, with or without modifications and conditions to be accepted by the applicant as a condition of such approval; provided, however, that every such ordinance shall be expressly conditioned upon approval of a special use permit and final PCD in accordance with subsection C of this section, and upon the applicant's compliance with all provisions of this code and the ordinance granting the special use permit.
7.   Effect Of Development Concept Plan Approval: Unless the applicant shall fail to meet time schedules for filing a final plan or shall fail to proceed with development in accordance with the plans as approved or shall in any other manner fail to comply with any condition of this code or any approval granted pursuant to it, the village shall not, without the consent of the applicant, take any action to modify, revoke, or otherwise impair an approved development concept plan with respect to the elements of development set forth in subsection A1 of this section pending the application for approval of a final plan. In submitting such plans, the applicant shall be bound by the approved development concept plan with respect to each such element.
B.   Optional Submission Of A Final Plan: The applicant may submit a final plan for the proposed PCD pursuant to the requirements of subsection C of this section simultaneously with the submission of the development concept plan. In that case, the applicant shall comply with all provisions of this code applicable to submission of the development concept plan and to submission of the final plan. The elements of both the development concept plan and the final plan may be combined into a single set of plans. The PCZBA, ABR, and the board of trustees shall consider such plans simultaneously and shall grant or deny final plan approval in accordance with the provisions of subsections A, B, and C of this section.
C.   Final Plan:
1.   Purpose: The final plan is intended to particularize, refine, and implement the development concept plan and to serve as a complete, thorough, and permanent public record of the planned commercial development and the manner in which it is to be developed.
2.   Application: After approval of the development concept plan, the applicant shall file an application for final plan approval in accordance with the requirements of section 10-14-6 of this chapter within one year after the date of such approval or in stages as approved in the development concept plan. The application shall refine, implement, and be in substantial conformity with the approved development concept plan.
3.   Public Hearing: A public hearing to consider the final plan shall be set, noticed, and conducted by the PCZBA in accordance with subsection 10-2C-10 of this title.
4.   Coordination With Subdivision Ordinance: When a subdivision of land subject to the village's subdivision ordinance is proposed or required in connection with a PCD, review of the subdivision, including, without limitation, submittal and approval of plats of subdivision, shall proceed concurrently with review of the PCD and be completed simultaneously with review of and action on the final plan during the PCD process, and no further public process shall be required for the PCD to obtain subdivision approval.
5.   Action By PCZBA:
a.   Evaluation: Within sixty (60) days after the filing of an application for approval of a final plan, the PCZBA shall, with such aid and advice of the village staff and consultants as may be appropriate, review and act on the plan. Such review shall consider:
(1)   Whether the final plan is in substantial conformity with the approved development concept plan; and
(2)   The merit or lack of merit of any departure of the final plan from substantial conformity with the approved development concept plan; and
(3)   Whether the final plan complies with any and all conditions imposed by approval of the development concept plan; and
(4)   Whether the final plan complies with the provisions of this code and all other applicable federal, state, and village codes, ordinances, and regulations.
b.   Recommendation Of Approval Based On Substantial Conformity: If the PCZBA finds substantial conformity between the final plan and the approved development concept plan and further finds the final plan to be in all other respects complete and in compliance with any and all conditions imposed by approval of the development concept plan and with the provisions of this code and all other applicable federal, state, and village codes, ordinances, and regulations, it shall transmit the plan to the board of trustees with its recommendation that the board of trustees, by ordinance duly adopted, approve the final plan, with or without modifications and conditions to be accepted by the applicant as a condition of such approval, and shall grant a special use permit authorizing the final plan of the proposed PCD and such additional approvals as may be necessary to permit development of the PCD as approved.
c.   Recommendation Of Approval Without Substantial Conformity: If the PCZBA finds that the final plan lacks substantial conformity to the development concept plan but merits approval notwithstanding such lack of conformity and otherwise conforms to the requirements of this code, it shall transmit the plan to the board of trustees with its recommendation that the board of trustees, by ordinance duly adopted, approve the final plan, with or without modifications and conditions to be accepted by the applicant as a condition of such approval, and shall grant a special use permit authorizing the final plan of the proposed PCD and such additional approvals as may be necessary to permit development of the PCD as approved.
d.   Recommendation Of Denial: If the PCZBA finds that the final plan is not in substantial conformity with the approved development concept plan and does not merit approval as a result of that nonconformity, or if the PCZBA requires modifications to the final plan that are not accepted by the applicant, then the PCZBA shall transmit the plan to the board of trustees together with its recommendation that the final plan not be approved.
e.   Failure To Act: The failure of the PCZBA to act within such sixty (60) days, or such further time to which the applicant may agree, shall be deemed to be a recommendation to the board of trustees to approve the final plan as submitted.
6.   Action By Architectural Board Of Review: Within sixty (60) days after the conclusion of the public hearing by the PCZBA concerning the final plan, the Architectural Board of Review will conduct a public hearing for the purpose of conducting a design review pursuant to section 10-2C-20 of this title concerning the final plan. Within sixty (60) days after the conclusion of the public hearing by the ABR, the ABR shall transmit to the Board of Trustees its recommendation that the Final Plan design be approved, be approved subject to modifications, or not be approved. The failure of the ABR to forward its recommendation within such sixty (60) days after completion of the public hearing, or such further time to which the applicant may agree, shall be deemed a recommendation for the approval of the Final Plan design as submitted.
7.   Action By Board Of Trustees: Within sixty (60) days after the receipt of the recommendation of the ABR, or its failure to act as provided in subsection C6 of this section, the board of trustees shall proceed as follows:
a.   Approval Based On Substantial Conformity: If the PCZBA has recommended approval of a final plan pursuant to subsection C5b of this section, the board of trustees shall, unless it specifically rejects one or more of the findings of the PCZBA on the basis of expressly stated reasons, approve the final plan by a duly adopted ordinance; or
b.   Approval Without Substantial Conformity: In any case other than that specified in subsection C7a of this section, the board of trustees may, if it finds that the final plan merits approval and otherwise conforms to the requirements of this title, approve the final plan by a duly adopted ordinance; or
c.   Referral Back To PCZBA: In any case other than that specified in subsection C7a of this section, the board of trustees may refer the final plan back to the PCZBA for further consideration of specified matters; or
d.   Conditions On Final Plan Approval: The approval of any final plan may be granted with or without modifications and conditions to be accepted by the applicant as a condition of approval.
8.   Recording Of Final Plan: When a final plan is approved, the village administrator shall cause the final plan and special use permit ordinance, or the portions thereof as are appropriate, to be recorded with the Lake County recorder.
9.   Limitation On Final Plan Approval: Construction shall commence in accordance with the approved final plan within one year after the approval of such plan, or within such time as may be established by the approved development schedule. Failure to commence construction within such period shall, unless an extension of time shall have been granted by the village administrator, automatically render void the final plan approval and all approvals of the planned commercial development and all permits based on such approvals, and the village administrator shall, without further direction, initiate an appropriate application to revoke the special use permit for all portions of the planned commercial development that have not yet been completed.
10.   Building And Other Permits: Except as provided in subsection C9 of this section, appropriate officials of the village, after receiving notice from the village administrator that the documents required for final plan approval have been approved and upon proper application by the applicant, may issue building and other permits to the applicant for the development, construction, and other work in the area encompassed by the approved final plan; provided, however, that no permit shall be issued unless the appropriate official is first satisfied that the requirements of any codes or ordinances of the village, in addition to this code, that are applicable to the permit sought, have been satisfied. Building permits may, however, be withheld at the discretion of the village administrator or the board of trustees at any time it is determined that the development of the PCD is not undertaken in strict compliance with the approved final plan. (Ord. 2013-12, 6-10-2013; amd. Ord. 2022-38, 12-12-2022)

10-14-3: STANDARDS AND CONDITIONS:

A.   Special Use Permit Standards: No special use permit for a PCD shall be recommended or granted pursuant to this section unless the applicant shall establish that the proposed PCD will meet each of the standards made applicable to special uses pursuant to subsection 10-2C-10.E of this title.
B.   General Design Standards: No special use permit for a PCD shall be recommended or granted unless the applicant shall establish that the proposed PCD will meet each of the following additional standards:
1.   Comprehensive Plan: The PCD shall not be inconsistent with the planning policies, goals, objectives, and provisions of the village's comprehensive plan.
2.   Public Welfare: The PCD shall be designed, located, and proposed to be operated and maintained so that it will not impair an adequate supply of light and air to adjacent property and will not substantially increase the danger of fire or otherwise endanger the public health, safety and welfare.
3.   Impact On Other Property: The PCD shall not be unnecessarily injurious to the use or enjoyment of surrounding properties for the purposes permitted pursuant to the applicable zoning district, shall not prevent the normal and orderly development and improvement of surrounding properties for permitted uses, shall not be inconsistent with the community character of the neighborhood, shall not alter the essential character of the neighborhood, and shall not substantially diminish or impair property values within the neighborhood, or be incompatible with other property in the immediate vicinity. The uses permitted in a PCD must be of a type and so located so as to exercise no undue detrimental influence upon surrounding properties. The PCD must also address compliance with the village's noise, lighting, and other performance standards.
4.   Impact On Public Facilities And Resources: The PCD shall be designed so that adequate utilities, road access, drainage, and other necessary facilities will be provided to serve the PCD.
5.   Archaeological, Historical Or Cultural Impact: The PCD shall not substantially and adversely affect a known archaeological, historical, or cultural resource located on or off of the parcel proposed for development.
6.   Parking And Traffic: The PCD shall have or make adequate provision to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets, provides appropriate cross access to adjacent properties and parking areas, and provides adequate access for emergency vehicles. Adequate parking shall be provided for the uses permitted in the PCD.
7.   Landscaping, Open Space, And Buffering: The PCD shall have comprehensive landscaping, public open space, and other buffering features to protect uses within the development and surrounding properties, including, without limitation, sufficient buffering to minimize the visual impact of the PCD on surrounding properties.
8.   Signage: Signage on the site of the PCD shall generally be in conformity with the village's sign regulations, except as may otherwise be specifically provided in the ordinance approving a PCD.
9.   Ownership/Control Area: The site of the PCD must be under ownership and/or unified control of the applicant.
10.   Compliance With Subdivision Regulations And Plat Act: All PCDs, whether or not they are by definition subject to the village's subdivision regulations or the Illinois plat act, shall comply with all standards, regulations and procedures of the village's subdivision regulations and the plat act except as is expressly provided otherwise in this chapter, or as otherwise provided by the board of trustees pursuant to the ordinance approving the PCD, or the applicable sections of the village's subdivision regulations.
11.   Covenants And Restrictions To Be Enforceable By Village: All covenants, deed restrictions, easements, and similar restrictions to be recorded in connection with the PCD, if any, shall provide that they may not be modified, removed, or released without the express consent of the board of trustees and that they may be enforced by the village as well as by future landowners within the PCD.
12.   Security And Site Control: The PCD shall include the plans necessary to describe, establish, and maintain appropriate property and building security and site control measures for the PCD and the property on which the PCD is located. These plans shall also include measures to prevent adverse impacts on neighboring properties.
13.   Integrated Design: A PCD shall be laid out and developed as a unit in accordance with an integrated overall design. This design shall provide for safe, efficient, convenient and harmonious grouping of structures, uses and facilities, and for appropriate relation of space inside and outside buildings to intended uses and structural features.
14.   Beneficial Common Open Space: Any common open space in the PCD shall be integrated into the overall design. These open spaces shall have a direct functional or visual relationship to the main building(s) and shall not be of isolated or leftover character. The following would not be considered usable common open space:
a.   Areas reserved for the exclusive use or benefit of an individual tenant or owner.
b.   Dedicated streets, alleys and other public rights of way.
c.   Vehicular drives, parking, loading and storage areas.
d.   Irregular or unusable narrow strips of land.
15.   Functional And Mechanical Features: Storage areas, trash and garbage retainers, machinery installations, service areas, truck loading areas, utility buildings and structures, and similar accessory areas and structures shall be accounted for in the design of the PCD and enclosed or made as unobtrusive as possible. These features shall be subject to such setbacks, special planting or other screening methods as shall reasonably be required to prevent their being incongruous with the existing or contemplated environment and the surrounding properties.
16.   Visual And Acoustical Privacy: The PCD shall provide reasonable visual and acoustical privacy. Fences, insulations, walks, barriers and landscaping shall be used as appropriate for the protection and aesthetic enhancement of property and the privacy of its occupants, screening of objectionable view or uses, and reduction of noises.
17.   Vehicle Drives, Parking And Circulation: Principal vehicular access shall be from dedicated public streets, and access points shall be designed to encourage smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic. With respect to vehicular and pedestrian circulation, including walkways, interior drives and parking, special attention shall be given to location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic, adequate provision for service by emergency vehicles, sharing of parking between uses in the PCD, and arrangement of parking areas that are safe and convenient, and insofar as feasible, do not detract from the design of proposed buildings and structures and the neighboring properties. Landscaping shall be provided to screen parking areas from neighboring properties.
18.   Pedestrian And Bicycle Access And Circulation: PCDs shall emphasize safe, efficient, and comprehensive pedestrian friendly movement and shall further emphasize bicycle access and circulation, including, without limitation, providing connections to and from existing bike and walking paths so as to ensure a continuous route without gaps or disconnections.
19.   Lighting: Lighting for the PCD shall preserve and enhance the "dark at night" character of the village by: a) enabling individuals to view essential detail to permit them to undertake their activities at night; b) facilitating safety and security of persons and property; and c) curtailing the degradation of the nighttime visual environment.
20.   Surface Water Drainage: Special attention shall be given to proper site surface drainage so that removal of surface waters will not adversely affect neighboring properties or the public storm drainage system. Surface water in all paved areas shall be collected at intervals so that it will not obstruct the flow of vehicular or pedestrian traffic.
21.   Zoning District Standards: If the zoning district regulations for the zoning district where the PCD is located impose additional standards to be met by any PCD in that district beyond those in this chapter, a special permit for such development shall not be recommended or granted unless the applicant shall establish compliance with such special standards.
22.   Compliance With Tree Regulations: The PCD must comply with all standards, regulations and procedures of the village's tree regulations, as provided in chapter 11 of this title.
23.   Compliance With Watershed Development Ordinance: The PCD must comply with all standards, regulations, and procedures of the village's watershed development ordinance, ordinance 2001-16, as it may be amended from time to time.
24.   Water And Sewer Service: The PCD must comply with all municipal code requirements concerning the public water supply and sanitary sewer service necessary to serve the PCD.
C.   Conditions: The approval of a final plan may be conditioned on such matters as the board of trustees may find necessary to prevent or minimize any possible adverse effects of the proposed PCD, or to ensure its compatibility with surrounding uses and development and its consistency with the general purposes, goals, and objectives of this code, the village's subdivision code, and the village's comprehensive plan. Such conditions shall be expressly set forth in the ordinance or resolution granting the approval in question. Violation of any such condition or limitation shall be a violation of this code and shall constitute grounds for revocation of all approvals granted for the planned commercial development. (Ord. 2013-12, 6-10-2013; amd. Ord. 2022-38, 12-12-2022)

10-14-4: AUTHORITY TO MODIFY REGULATIONS:

A.   Authority: Subject to the standards and limitations in this section, the board of trustees, as part of an approval of any PCD, may modify or waive any provision of this code or of the village's subdivision ordinance as they apply to an approved PCD.
B.   Standards: No such modification or waiver may be approved unless the board of trustees shall find that the proposed PCD:
1.   Will achieve the purposes for which PCD may be approved pursuant to section 10-14-1 of this chapter;
2.   Will not violate the general purposes, goals, and objectives of this code and the village's comprehensive plan;
3.   Will result in a development providing compensating amenities to the village. "Compensating amenities" means features not otherwise required to achieve compliance with the standards of this code or other applicable village codes and ordinances, including, without limitation, such things as public art; plazas; pedestrian walkways; natural habitats; increased landscaping; buffering or screening; enhanced streetscape; enhanced pedestrian and transit supportive design; underground parking; and similar features. Compensating amenities must be proposed as part of a PCD application, and all compensating amenities, whether public or private, must be developed and constructed at the applicant's expense; and
4.   Subject to the standards set forth in this subsection, a compensating amenity may be in the form of a cash contribution. If the board of trustees approves a cash contribution in lieu of a compensating amenity, then the contribution must be made by the applicant to the village prior to the issuance by the village of any permit authorizing construction related to the project. The contribution will be designated by the village specifically as funding for a compensating amenity of the type described in subsection B3 of this section. The board of trustees may approve a cash contribution only if: a) the project site is inadequate for any physical on site compensating amenity as a result of its size, shape, or other topographic feature, b) there is no immediate need for a compensating amenity on public property abutting or adjacent to the project site, and c) there is a compelling and appropriate compensating amenity, as determined by the board of trustees, for which a cash contribution can be designated.
C.   Other Limitations: In granting any PCD approval pursuant to this chapter, the board of trustees shall in no event:
1.   Make less stringent any performance standard relating to noise, vibration, smoke and particulate matter, odors, toxic and noxious matter, radiation hazards, fire and explosive hazards, or heat or glare, that is applicable in the district in which the development is to be located or applicable to the particular use by reason of the regulations applicable in any district in which it might be located; or
2.   Reduce the minimum total lot area requirement by more than fifty percent (50%). This limitation does not apply to any minimum lot area per unit requirement.
D.   Regulation During And After Completion Of Development: After a final plan has been approved, that approved plan will constitute the regulations applicable to the subject property, rather than any conflicting provision of this title. No use or development not authorized by the approved plan will be permitted within the planned commercial development. (Ord. 2013-12, 6-10-2013)

10-14-5: ADJUSTMENTS AND AMENDMENTS TO APPROVED FINAL PLAN:

A.   Minor Adjustments: During the development of a PCD, the village administrator in consultation with the village engineer may authorize minor adjustments to an approved final plan only as described in subsection A1 of this section and only when the minor adjustments appear necessary to, and consistent with, proper completion of the development as contemplated by the approval ordinance.
1.   Types Of Minor Adjustments: Such minor adjustments shall be limited to the following:
a.   Altering the location of any one structure or any part thereof, or any group of structures, by not more than twenty feet (20') or twenty five percent (25%) of the distance shown on the approved final plan between such structure or structures and any other structure or any vehicular circulation element or any boundary of the planned commercial development, whichever is less; and
b.   Altering the location of any circulation element by not more than twenty feet (20') or twenty five percent (25%) of the distance shown on the approved final plan between such circulation element and any structure, whichever is less; and
c.   Altering the location of any open space by not more than twenty feet (20') or twenty five percent (25%) of the distance shown on the approved final plan; and
d.   Altering any final grade by not more than twenty percent (20%) of the originally planned grade; and
e.   Altering the location or type of landscaping elements, provided that such minor adjustment will not result in the reduction of required landscaping or be inconsistent with the nature and type of landscaping required by the approved landscape plan.
2.   Requirements For Minor Adjustments: Such minor adjustments shall be consistent with the intent and purpose of this title and the final plan, as approved, shall be the minimum necessary to overcome the particular difficulty, and shall not be approved if they would result in a violation of any standard or requirement of this code.
B.   Major Adjustments: Any adjustment to an approved final plan not authorized by subsection A of this section shall be considered to be a major adjustment and shall be granted only on application to, and approval by, the board of trustees after a public hearing conducted by the PCZBA. If the board of trustees determines that a major adjustment is not in substantial conformity with the final plan as approved, then the board of trustees shall refer the request to the PCZBA for further hearing and review as provided in subsection 10-14-2C of this chapter.
C.   Amendments To Approved Final Plan After Completion Of Development: After completion of a PCD, an approved final plan may be amended, varied, or altered in the same manner and subject to the same limitations, as provided for major adjustments in subsection B of this section. (Ord. 2013-12, 6-10-2013)

10-14-6: APPLICATION REQUIREMENTS:

A.   Minimum Data Requirements For All Applications: Every application submitted pursuant to this chapter shall contain at least the following information:
1.   The owner's name and address and the owner's signed consent to the filing of the application. Full disclosure of the ownership of all legal and equitable interests in the lot is required.
2.   The lot owner's name and address, if different from the owner, and his or her interest in the lot.
3.   The names and addresses of all professional consultants, if any, advising the owner with respect to the application.
4.   The name and address and the nature and extent of any economic or family interest of any officer or employee of the village in the owner, the lot owner, or lot.
5.   The addresses and legal description of the lot.
6.   Descriptions and graphic representations of the proposal for which approval is being sought and of the existing zoning classification, use, and development of the lot and the adjacent area for at least two hundred fifty feet (250') in all directions from the lot. The scope and detail of such description shall be appropriate to the subject matter of the application, with special emphasis on those matters likely to be affected or impacted by the approval being sought in the application.
B.   Applications For Development Concept Plan Approval: Every application for development concept plan approval shall, in addition to the data and information required pursuant to subsection A of this section, provide at least ten (10) sets of plans and documents of the following:
1.   Development Concept Plan: A plan showing the basic scope, character, and nature of the entire PCD including the following information:
a.   Character: Explanation of the character of the PCD and the manner in which it has been planned to take advantage of the flexibility of these regulations.
b.   Ownership: Statement of present and proposed ownership of all land within the project, including present tract designation according to official records in offices of the county recorder.
c.   Names: The names and addresses of the persons to whom the notice of the hearing to be held by the planning agency are to be sent shall be provided by the subdivider by affidavit and shall include all owners of lots situated within three hundred feet (300') of the lot for which plat approval is sought.
d.   Nature And Type Of Uses: Information on the nature and type of uses in the PCD.
e.   Service Facilities: Information on all service facilities and off street parking facilities in the PCD.
f.   Preliminary Architectural Drawings: Preliminary architectural drawings for all primary buildings shall be submitted in sufficient detail to permit an understanding of the style of the development, and the height, number, location, and design of the building(s) in the PCD.
g.   Conceptual Site Plan: A conceptual site plan of the proposed PCD, including building locations, property lines, setbacks, streets, circulation systems for pedestrians, bicycles, and vehicles, open space, landscaped areas, and recreational facilities.
h.   Miscellaneous: Such additional information as may be required by the PCZBA.
C.   Applications For Final Plan Approval: Every application filed pursuant to this chapter shall, in addition to the data and information required in subsection A of this section, provide the following information:
1.   Detailed Plan: A drawing of the PCD shall be prepared at a scale of not less than one inch equals one hundred feet (1" = 100') and shall show such designations as proposed streets (public and private), all buildings and their use, common open space, recreation facilities, parking areas, service areas and other facilities to indicate the character of the proposed PCD. The submission may be composed of one or more sheets and drawings and shall include:
a.   Boundary Lines: Bearings and distances.
b.   Easements: Location, width and purpose.
c.   Streets On And Adjacent To The Tract: Street name, right of way width, existing or proposed centerline elevations, pavement type, walks, curbs, gutters, culverts, etc.
d.   Utilities On And Adjacent To The Tract: Location, size and invert elevation of sanitary, storm and combined sewers; location and size of water mains; location of gas lines, fire hydrants, electric and telephone lines and streetlights; direction and distance to and size of nearest water mains and sewers adjacent to the tract showing invert elevation of sewers.
e.   Ground Elevations On The Tract: For land that slopes less than one-half of one percent (0.5%), show one foot (1') contours, show spot elevations at all breaks in grades, along all drainage channels or swales and at selected points not more than one hundred feet (100') apart in all directions. For land that slopes more than one-half of one percent (0.5%) show two foot (2') contours.
f.   Subsurface Conditions On The Tract, If Required By The Village Engineer: Location and results of tests made to ascertain subsurface soil, rock and groundwater conditions; depth to groundwater unless test pits are dry at a depth of five feet (5').
g.   Other Conditions On The Tract: Watercourses, floodplains, marshes, rock outcrop, wooded areas, protected trees as designated in the village's tree protection regulations at section 10-11-4 of this title, houses, barns, accessory buildings and other significant features.
h.   Other Conditions On Adjacent Land: Approximate direction and gradient of ground slope, including any embankments or retaining walls; character and location of buildings, railroads, power lines, towers and other nearby land uses or adverse influences; owners of adjacent platted land; for the adjacent platted land refer to subdivision plat by name, recording date and number and show approximate percent built up, typical lot size and dwelling type.
i.   Zoning On And Adjacent To The Tract: Zoning on and adjacent to the tract.
j.   Proposed Public Improvements: Highways or other major improvements planned by public authorities for future construction on or near the tract.
k.   Open Space: All lots intended to be dedicated for public use or reserved for the use of all lot owners with the purpose indicated.
l.   General Location, Purpose And Height: General location, purpose and height, in feet and stories, of each building.
m.   Map Data: Name of development, north point and scale, date of preparation and acreage of site.
n.   Water Facilities: The preliminary plat shall have depicted on its face all lakes, ponds, detention sites, retention sites and dams. This includes existing lakes, ponds, detention sites, retention sites and dams or proposed lakes, ponds, detention sites, retention sites or dams. If the water facility is proposed, the preliminary plat shall be accompanied by preliminary engineering plans, including the depth, capacity and relation of the water facility to proposed storm drain facilities.
o.   Miscellaneous: Such additional information as may be required by the PCZBA.
p.   Final Building Elevations And Floor Plans: Schematic drawings illustrating the design and character of the building elevations, types of construction, and floor plans for all proposed buildings and structures. The drawings shall also include a schedule showing the number, type, and floor area for all uses or combinations of uses, and the floor area for the entire proposed planned development.
q.   Traffic Studies: Detailed information as required by the village concerning traffic circulation within the PCD and the mitigation of traffic impacts created by the PCD on surrounding village, county, and state roads.
r.   Watershed Development Ordinance: Information as required by the village to demonstrate compliance with the village's watershed development ordinance.
2.   Final Plat: A final land use and zoning plat, suitable for recording with the county recorder of deeds shall be prepared. The purpose of the land use and zoning plat is to designate with particularity the land subdivided into conventional lots as well as the division of other land not so treated into common open areas and building areas. The final land use and zoning plat shall include, but not be limited to:
a.   Legal Description Of Entire Area: An accurate legal description of the entire area under immediate development within the PCD.
b.   Subdivision Plat: A subdivision plat of all subdivided lands in the same form and meeting all the requirements of a normal subdivision plat.
c.   Legal Description Of Unsubdivided Use Area: An accurate legal description of each separate unsubdivided use area, including common open space.
d.   Location Of All Buildings To Be Constructed: Designation of the exact location of all buildings to be constructed, including minimum setbacks from lot lines.
e.   Certificates, Seals And Signatures: Certificates, seals and signatures required for the dedication of lands and recording the document.
f.   Tabulations On Separate Unsubdivided Use Area: Tabulations on separate unsubdivided use area, if any, including land area and number of buildings.
g.   Water Facilities: The location of all lakes, ponds, detention sites, retention sites and dams shall be depicted and accurately located on the final plat.
3.   Public Open Space Documents: All common open space in the PCD that is to be dedicated for the use of the public shall be either conveyed to a municipal or public corporation, conveyed to a not for profit corporation or entity established for the purpose of benefiting the owners of the PCD or retained by the developer with legally binding guarantees, in a form approved by the village attorney, that the common open space will be permanently preserved as open area. All land conveyed to a not for profit corporation or like entity shall be subject to the right of said corporation to impose a legally enforceable lien for maintenance and improvement of the common open space.
4.   Public Facilities: The construction of all public facilities and improvements made necessary as a result of the PCD shall either be completed prior to final plat approval, or be guaranteed by a security deposit.
5.   Security Deposit: The satisfactory installation of the public facilities and improvements required to be constructed within the PCD shall be guaranteed by a security deposit in an amount equal to one hundred ten percent (110%) of the estimated cost of public facility installations. The balance of the security deposit shall not be returned after the completion of the public facility installations unless a guarantee security deposit in an amount of ten percent (10%) of the total cost of the required facilities is first delivered to the village. Such guarantee security deposit shall be maintained for a period of twenty four (24) months.
6.   Delinquent Taxes: A certificate shall be furnished from the proper collector that all special assessments constituting a lien on the whole or any part of the lot of the PCD have been paid.
7.   Covenants: Final agreements, provisions or covenants which will govern the use, maintenance and continued protection of the PCD.
8.   Schedule: Development schedule indicating:
a.   Stages in which project will be built with emphasis on area, density, use and public facilities such as open space to be developed with each stage. Overall design of each stage shall be shown on the plat and through supporting graphic material.
b.   Approximate dates for beginning and completion of each stage.
c.   If different land use types are to be included within the PCD, the schedule must include the mix of uses to be built in each stage.
9.   Traffic Mitigation:
a.   All new developments shall be required to provide a traffic study, prepared by a qualified traffic engineer, to establish trips generated, necessary road and other improvements, and other reasonably necessary information relating to traffic impact of the development on village, county or state roads.
b.   All developments shall be required to provide an employee traffic mitigation plan. The plan will establish specific actions by the owner to limit peak hour vehicular traffic generated by the development. These actions might include staggered work hours, ridesharing, vanpools, rideshare or transit promotion, transit stop or van service to rail stops, full service cafeteria, or preferential parking plan.
10.   Lighting Plans: A final photometric/lighting plan for the proposed PCD including technical descriptions and cut sheets for all lighting fixtures. Any permitted accessory lighting fixtures shall be designed, arranged, and operated so as to prevent glare and direct rays of light from being cast onto any adjacent public or private property or street and so as not to produce excessive sky reflected glare.
11.   Landscaping Plans: A final landscape plan depicting the location, size, character, and composition of all trees, landscape materials and other vegetation for the PCD.
12.   Facilities Plans: Final plans for:
a.   Roads including classification, width of right of way, width of pavement and typical construction details.
b.   Sanitary sewer system.
c.   Storm drainage system.
d.   Water supply system.
D.   Modification Or Waiver Of Application Requirements: Upon written request of the applicant, the village administrator may modify the requirements to submit any plans or documents required pursuant to this section, provided that no required submittals may be waived without the prior review and approval of the village board. The applicant may, at its discretion, submit any or all of the materials set forth in subsection C of this section during the development concept plan stage so that the applicant may receive approval of any such specified materials and elements of the required final plan at the development concept plan stage. (Ord. 2013-12, 6-10-2013)