The purpose of planned unit development (PUD) regulations is to promote and allow more creative and imaginative design of land development than is possible or feasible under the strict application of the zoning district regulations. PUD’s are intended to allow substantial flexibility in planning and designing a proposal. Ideally this flexibility results in a development that is better planned, contains more amenities and features not normally required of traditional development, and ultimately that is more desirable to live in than one produced in accordance with typical zoning ordinance and subdivision controls. Consequently, a PUD shall offer more benefits than conventional development because of comprehensive design and adherence to high standards. Improved features include, but are not limited to the following:

   (A)   Efficient land utilization;

   (B)   Innovative design;

   (C)   Preservation of natural areas;

   (D)   Diversified land use and architectural treatment;

   (E)   Compatibility with adjacent and nearby land development;

   (F)   The provision of a pedestrian environment that is separate from vehicular environment; and

   (G)   The creation of neighborhoods compatible with the comprehensive land use plan for the village.

(Ord. 480B, passed 8-21-1953; Ord. 90-O-036, passed 11-8-1990; Ord. 14-O-36, passed 11-14-2014; Ord. 19-O-20, passed 9-17-2019)

   A PUD may be residential, commercial, office, industrial or combination thereof. The following are the projects that will be considered a PUD:

   (A)   A Plan Unit Development may be developed in any district in which a PUD is allowed as a conditional use.

   (B)   No development shall be filed as a Planned Unit Development unless:

      (1)   It is at least one acre in size;

      (2)   Any development with more than one principal building on a zoning lot or lot of record;

      (3)   It is under single ownership and/or unified control until fully developed;

      (4)   Any new development or building addition that is at least 1,000 square feet and zoned C-2, Main Street; and

      (5)   Any residential development using private roadways or private access roads to provide vehicular access on a lot.   

(Ord. 480B, passed 8-21-1953; Ord. 90-O-036, passed 11-8-1990; Ord. 14-O-36, passed 11-14-2014; Ord. 19-O-20, passed 9-17-2019)

   To further a superior level of design and amenity in new development, the following incentives are offered in Planned Unit Developments:

      (1)   Minimum bulk and design standards shall be computed according to the standards of the district in which the development is located. The PUD may depart from the strict conformance with the required density, dimension, area, height, bulk, use, and specific content regulations of this chapter to the extent specified in the preliminary plat, plan and/or documents authorizing the PUD if the same provides tangible benefits to the neighborhoods or community in which it is located. These benefits shall be in the form of provision of exceptional amenities, design, excellence, etc. Exceptions from any requirement specified in this chapter or other village ordinances and regulations is a privilege, and shall be granted only upon recommendations of the Planning and Zoning Commission and approval of the Village Board.

(Ord. 480B, passed 8-21-1953; Ord. 90-O-036, passed 11-8-1990; Ord. 14-O-36, passed 11-14-2014; Ord. 19-O-20, passed 9-17-2019)

   (C)   Quality of design.  

      (1)   To be granted the flexibility permitted under these regulations, a Planned Unit Development must provide evidence of a level of design and amenity exceeding that typical of conventional development.

      (2)   Among the features that may evidence such amenity are:

         (a)   Amount and quality of landscaping;

         (b)   Amount, quality and inter- connectedness of common open space;

         (c)   Provision of pedestrian or bicycle paths separated from streets;

         (d)   Preservation of drainage ways and other natural features;

         (e)   Provision of common recreational facilities;

         (f)   Enclosed, underground, depressed or outstandingly landscaped parking areas;

         (g)   Varied architectural design, building setbacks, and other measures to promote high quality exterior design elements and finishes, to reduce monotony in design; and

         (h)   Other features as determined by the President and Board of Trustees.

   (D)   Underground utilities. All utility lines within a Planned Unit Development are required to be underground. Appurtenances to utility systems that are effectively screened may be permitted above ground if the President and Board of Trustees finds that they will not be detrimental to the character of the development.

   (E)   Phasing of development. Land designated for future construction phases and other land not intended for immediate improvement shall be landscaped or otherwise maintained with a neat and orderly appearance as specified by the President and Board of Trustees.

(Ord. 480B, passed 8-21-1953; Ord. 90-O-036, passed 11-8-1990; Ord. 14-O-36, passed 11-14-2014; Ord. 19-O-20, passed 9-17-2019)

   A PUD for a residential development using private roadways may be approved in the following circumstances.

   (A)   The size and shape of the parcel is such that strict application of public standards would cause development of the parcel to be impractical;

   (B)   The proposed development is enhanced by exceptional site design features not ordinarily possible under the strict application of the zoning ordinance and subdivision control regulations.

   (C)   The development will provide amenities and improvements that would be materially beneficial to the adjacent neighborhood.

   (D)   The developer demonstrates to the reasonable satisfaction of the Planning and Zoning Commission and the Village Board that the private roadways/streets will be adequately maintained, and the owner shall execute and record a covenant, binding all successors in title, that the private roadways/streets will be maintained in a condition safe for vehicular and pedestrian travel.

   (E)   The developer shall execute an agreement with the village for traffic enforcement on private roadways/streets.

   (F)   The development shall conform with the following criteria:

      (1)   Private roadways/streets are constructed in accordance with village construction standards for public roadways.

      (2)   Private roadways/streets are not planned or expected to serve property outside the proposed development.

      (3)   Private roadways/streets are not used to fill gaps in the existing thoroughfare system, connect two collector or arterial streets, or laid out to encourage through traffic.

      (4)   Private roadways/streets shall provide a minimum of two 12-foot wide driving lanes, excluding curb and gutter dimensions.

      (5)   Only parallel parking is permitted on a private roadway/street provided the pavement width is increased by eight feet for each parking lane.

      (6)   Signs indicating building addresses and directing motorists through the development are provided, the size, number and location of such signs to be determined by the Village Administration.

      (7)   Unimpeded circulation and travel for emergency vehicles is provided on private roadways/streets in the development.

      (8)   Curbing shall be provided along private roadways/streets.

      (9)   Street-lights, sidewalks, and parkway improvements shall be installed along all private roadways/streets in compliance with village standards.

(Ord. 19-O-20, passed 9-17-2019)

   (A)   Applications shall be made on forms supplied by the village and shall be complete with all support data, documents, plans, maps, justification based upon the PUD approval criteria provided in Table 21, and other documents as may be required by the village and specified in this chapter. Village review and approval of the PUD may be performed in three stages:

      (1)   Review of the conceptual plan by village staff and the Land Use Committee of the Planning and Zoning Commission.

      (2)   Review of the Preliminary PUD by the Planning and Zoning Commission.

      (3)   Review of the Final PUD by the Planning and Zoning Commission

      (4)   Review and approval by the Village Board, including adoption of the chapter approving the PUD.

   (B)   In some circumstances, review and approval of the Preliminary and Final PUD could be considered at the same time, subject to the petitioner making said request at the time of filing an application with the Planning and Zoning Commission.

         (a)   Should a petitioner desire, the village will review a conceptual plan for PUD. In order for the village to review the conceptual plan, the following items must be submitted:

            1.   Conceptual development plan including the site layout of buildings, roadways, access drives, and floor plans as necessary. Conceptual architectural elevations and landscape plans may also be submitted.

            2.   A brief written statement explaining the character of the development and its main features should accompany the plan.

         (b)   As quickly as possible from the date of submission of the conceptual plan, the village will review the submitted materials, after which a meeting of the Land Use Committee of the Planning and Zoning Commission will be set. If the Land Use Committee has an unfavorable recommendation, the petitioner can revise the conceptual plan and resubmit materials for the village and Committee to review. The petitioner can also choose to move forward to the Planning and Zoning Commission with a negative recommendation from the Land Use Committee.

         (a)   The materials required for Preliminary PUD approval shall be in conformance with the requirements specified in Table 1 of this chapter.

         (b)   As quickly as possible, the village will review the submitted material for compliance with village code and provide written correspondence of code deficiencies for review, response, and resubmittal by the applicant.

         (c)   Once all comments have been addressed, a public hearing of the Planning and Zoning Commission will be scheduled. The applicant is responsible for proper notification in accordance with the notification requirements of this chapter.

         (d)   The Preliminary PUD application material and the Planning and Zoning Commissions findings of fact shall be forwarded to the Village Board of Trustees for their approval. The Village Board shall accept, modify, or reject the Planning and Zoning Commissions recommendation. The preliminary acceptance of the PUD shall not constitute a commitment by the Village Board that final PUD approval will be granted.

         (a)   Approval of a preliminary plan for a Planned Unit Development shall become void unless the applicant submits a final plan substantially in conformance therewith and meeting the requirements of Table 2 in the filing procedures section of this chapter within 12 months of the date of approval of the preliminary plan, or within any extension beyond this period granted by the President and Board of Trustees. The final plan may be filed in phases, but the plan required within this period shall include no less than 25% of the land area included in the preliminary plan.

         (b)   The final plan may be filed simultaneously with the preliminary plan. The approval process for a final plan shall be provided under approval process in the filing procedures section of this chapter.

         (c)   The materials required for final PUD approval shall be in conformance with the requirements specified in Table 1 of this chapter.

         (d)   As quickly as possible, the village will review the submitted material for compliance and substantial conformance with village code and preliminary PUD approval, and provide written correspondence of any deficiencies for review, response, and resubmittal by the applicant.

         (e)   Once all comments have been addressed, a public meeting of the Planning and Zoning Commission and Village Board will be scheduled. The Village Board shall accept, modify, or reject the Planning and Zoning Commission’s recommendations. The preliminary acceptance of the PUD shall not constitute a commitment by the Village Board that final PUD approval will be granted.

         (a)   Approval of an amendment shall be required for:

            1.   Any material change or addition made to:

               a.   An approved preliminary plan; or

               b.   An approved final plan.

            2.   A final plan that does not conform to the preliminary plan approved by the President and Board of Trustees.

         (b)   An applicant seeking approval of any amendment shall file an application therefore with the village. The application shall describe the amendment sought and provide such other information as outlined in Table 1 of this chapter, or as may be required by the Planning and Zoning Commission.

         (c)   A substantial change to a Planned Unit Development shall be any of the following changes from the previously approved plan:

            1.   Any change in land use type, housing type, or residential density;

            2.   A changed in the location of any structure, off-street parking or loading area, common open space area, or any area or right-of-way to be conveyed to or reserved for a public body, by more than ten feet in any direction, or a change in the spacing between any two structures by more than 10%; or

            3.   A change of more than 10% in any non-locational quantitative specification of the previously approved plan, including:

               a.   Any dimension of any lot, yard, structure, or pedestrian or vehicular thoroughfare;

               b.    Amount of common open space acreage;

               c.   Utility line capacity;

               d.    Amount of floor area of non-residential development;

               e.    Amount of land to be conveyed to or reserved for any public body;

               f.   Size or capacity of any off-street parking or loading area;

               g.    Amount or dimensions of existing or proposed tree or ground cover, landscaping, or screening; or

               h.   Any other change that causes the development to fall short of meeting the requirements of any applicable zoning district to any greater degree than already provided on the previously approval plan.

         (d)   The President and Board of Trustees shall approve, conditionally approve or disapprove the amendment.

         (a)   If construction does not begin within two years after approval of the plan;

         (b)   If construction is not completed within the time specified in the approved construction schedule or any extension thereof granted by the President and Board of Trustees;

         (c)   If applicable provisions of this chapter are not complied with;

         (d)   If any such instance the President and Board of Trustees shall give the applicant 15 days’ notice to appear before the President and Board of Trustees to answer any charge of non-compliance; or

         (e)   If the President and Board of Trustees finds that the applicant is not in compliance, it may revoke approval if the Planned Unit Development is not brought into compliance within a period it specifies.

(Ord. 480B, passed 8-21-1953; Ord. 90-O-036, passed 11-8-1990; Ord. 14-O-36, passed 11-14-2014; Ord. 19-O-20, passed 9-17-2019)

In recommending approval or conditional approval for a preliminary of final plan for a Planned Unit Development (PUD), the Planning and Zoning Commission shall transmit to the President and Board of Trustees written findings of fact that the application meets all of the criteria below or will meet them when the Board’s conditions are complied with. The President and Board of Trustees shall not be bound by the recommendation of the Planning and Zoning Commission, but in granting approval and conditional approval, the President and Board of Trustees shall also find that all of the following criteria are met or will be met when any conditions to which the approval is made subject are complied with:

8.   Open spaces and landscaping. The quality and quantity of common open spaces and landscaping provided are consistent with the higher standards of design and amenity required of a PUD. The size, shape and location of a substantial portion of total common open space provided in residential areas render it useable for recreational purposes. Open space between all buildings is adequate to allow for light and air, access by firefighting equipment, and for privacy where walls have windows, terraces, or adjacent patios. Open space along the perimeter of the development is sufficient to protect existing and permitted future uses of adjacent property from adverse effects from the development.

   a.   The preservation and maintenance of any open spaces, thoroughfares, utilities, water retention or detention areas, and other common elements not to be dedicated to the village or another public body.

   b.   Such control of the use and exterior design of individual structures as is necessary for continuing conformance to the PUD Plan, such provision to be binding on all future ownership.

(Ord. 480B, passed 8-21-1953; Ord. 90-O-036, passed 11-8-1990; Ord. 14-O-36, passed 11-14-2014)