A.

Background. A planned unit development (PUD) is generally intended for a project incorporating a single type of use or a variety of related and complementary uses which is planned and developed as a unit. Such development may provide for a wide range of development techniques and ownership methods. The entire development shall be controlled by means of an ordinance granting the planned unit development as a special use. Within the framework of a PUD normal zoning standards may be modified. The resulting flexibility is intended to encourage a development that is more environmentally sensitive, economically viable, and aesthetically pleasing than might otherwise be possible under strict adherence to the underlying zoning district's standards.

B.

Compliance with the Comprehensive Plan. The Comprehensive Plan is a non-binding policy statement on future development within and near the Village. While adherence to the Comprehensive Plan is not mandatory, PUDs should nevertheless remain in substantial compliance with the densities, land use policies, and other aspects of development outlined in the Comprehensive Plan. Each proposal for a PUD shall be presented and judged on its own merits, and approval shall not be based exclusively on a comparison to an already existing PUD.

C.

Objectives. Specific objectives shall be achieved, where applicable, through the planned unit development procedure. These specific objectives are:

1.

To ensure that the future growth and development which occurs is in accordance with policies and goals of the Village; and

2.

To provide a more desirable living environment by preserving and integrating the natural environmental and landscape features of the property into land development; and

3.

To stimulate creative approaches to the residential, commercial, and industrial development of land; and

4.

To encourage and stimulate economic development within the Village; and

5.

To preserve or enhance natural features of the site; and

6.

To provide usable open space areas within a reasonable distance of all dwelling units; and

7.

To facilitate, in a cost effective manner, the development and maintenance of adequate public services; and

8.

To encourage patterns of and use that decrease trip lengths and increase the use of modes of transportation other than private vehicle; and

9.

To reduce energy demand and consumption; and

10.

To encourage the introduction of related and complementary land uses; and

11.

To allow a clustering of residential uses on smaller lots to conserve or create open space.

(UDO 2008, § 17.08.010)

A.

Mandatory. Development of land that includes more than one type of land use on a single zoning lot shall be approved as a PUD. Additionally, all development that meets one or more of the following shall be approved as a PUD:

1.

Development of land totaling 20 or more acres;

2.

Development of land including 40 or more dwelling units;

3.

Development of land including more than one principal building on the lot of record; or

4.

New construction, or any remodeling or reconstruction of an existing building in the Downtown District (DD), which meets one or more of the following criteria:

a.

On lots 10,000 square-feet or more;

b.

That will include seven dwelling units or more;

c.

That will include 7,500 square-feet or more of commercial gross floor area; or

d.

That will be 37 feet or more in height or more than three stories tall.

B.

Elective. Any owner of property who wishes to develop his or her property as a PUD may voluntarily petition for such approval under the provisions of this ordinance.

C.

Reserved.

D.

Review of Commercial Projects. All commercial projects, whether PUDs or not, are subject to the commercial design standards of chapter 17.21 of this ordinance.

(UDO 2008, § 17.08.020; Ord. No. O-87-19, § 2, 11-18-2019)

In recommending or granting approval of PUDs, the Planning and Zoning Commission and the Village Board of Trustees shall ensure that the proposed PUD meets the following standards:

A.

Ownership. The land intended for the PUD shall be under single ownership and/or unified control at the time of filing the application.

B.

Public Improvements. All public improvements shall be constructed in accordance with existing ordinances and regulations of the Village. All internal roadways shall be built to public standards following public procurement procedures and dedicated to the Village as public roadways unless otherwise approved by the Village Board.

C.

Land Designations. PUDs containing dwelling units shall provide for the dedication or reservation of land for common open space, parks, schools, or cash payment in lieu of actual and dedication, or a combination of land and cash in accordance with the Village Code.

D.

Open Space Requirement. Each PUD not located in the DD district and with a residential component should consist of required open space found in Table 17-08-01. This open space is intended to be in addition to land designated to fulfill the requirements of paragraph C of this section shall meet the following standards:

1.

For trails, the open space width shall be a minimum of 20 feet.

2.

Each area must be accessible to all the residents of the proposed PUD. Sidewalks, bike trails, or pedestrian paths must link separate open space areas.

3.

Land dedicated to the Lemont Park District may be included in the calculation of open space.

4.

Open space shall not include:

a.

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

b.

Dedicated streets and alleys; and

c.

Required detention/retention areas, floodplains, floodways, or wetlands, unless the Village Board determines that natural features, such as a creek or grove of trees will be a substantial amenity for the development; and

d.

Irregular or narrow strips of land less than 30 feet wide, unless containing a trail for bicycles or pedestrians; and

e.

Existing permanent utility casements.

E.

Reduction in Required Open Space. A reduction in required open space will be considered as part of the PUD process if found to significantly provide the following:

1.

The site is adjacent to dedicated park space, open space, forest preserve or other similar open space.

2.

The site is within ¼ mile of a park with a dedicated accessible route.

3.

Contains the use of passive or active recreational facilities such as pathways, benches, gazebos, tennis courts or other similar creative approaches.

4.

Includes boulevards and other attractive right-of-way features.

F.

Open Space Ownership and Maintenance. The public or private ownership for all open space and its maintenance shall be proposed by the developer and approved as part of the ordinance authorized the PUD. All open space should be platted as separate outlots. Restrictive covenants running with the land shall guarantee that open space shall be properly cared for and used only for the purposes designated in the PUD's approving ordinance. The developer shall submit a plan describing the method and schedule of maintenance.

G.

Special Service Area. A special service area may be required to ensure adequate property maintenance. This special service area shall be created at the time of annexation (or final platting of the first phase of the PUD if annexation is not necessary), and shall include all phases of the PUD. In the event the entity that has ownership and maintenance responsibilities until such time as that or another appropriate entity can manage the open space. The Village may tax the property of those within the special service area for the Village's prior and estimated future costs of maintaining the open space.

H.

Timing of Improvements.

1.

Construction of recreational facilities, and other improvements to open spaces, e.g. parks and trails, serving the PUD shall commence and be completed in accordance with the approved PUD ordinance. At a minimum, such improvements shall commence prior to the completion of not more than 20% of the dwelling units in the development or prior to the completion of the first 50 dwelling units, whichever comes first. For this provision, issuance of a certificate of occupancy, including temporary certificates, shall be deemed "completion" of a dwelling unit.

2.

Recreation facilities and other improvements to open spaces shall be completed prior to the issuance of building permits for the last 25% of dwelling units.

3.

In PUDs with two or more phases, construction of recreational facilities and other improvements to open space shall be completed prior to the issuance of building permits for the next phase.

I.

Development Standards. PUDs shall adhere to the development standards contained in Article IV of this ordinance.

J.

Additional Conditions. To meet the unique circumstances presented by each PUD, and to protect the health, safety, and general welfare of existing Village residents and the future residents and users of the proposed development, the Village Board may attach any other condition it deems necessary, but not specifically provided for in this ordinance, to the approval of the PUD. Such conditions may include more stringent requirements for construction, design, materials, phasing, and revocation.

(UDO 2008, § 17.08.030; Ord. No. O-33-18, § 7, 8-13-2018; Ord. No. O-09-21, §§ 5, 6, 3-22-2021)

Except as specifically provided otherwise in this chapter, planned unit developments shall be developed in conformity with this Unified Development Ordinance. Modifications that deviate from the bulk, density, and design provisions of this ordinance are privileges and will be considered by the Village only in direct response to tangible community benefits received from the PUD. These benefits shall be in the form of exceptional amenities, such as outstanding architecture, the design and amount of open space, the quantity and quality of landscaping, sensitivity to existing topography or drainage, preservation of existing mature trees of exceptional quality, or other similar traits.

(UDO 2008, § 17.08.040)

A PUD shall be granted as a special use to the zoning district in which it is located. The Village Board is the final decision-making body. PUDs shall be processed, reviewed and approved in three steps: pre-application review by the Technical Review Committee, PUD preliminary plan/plat, and PUD final plan/plat. The preliminary plan/plat and the final plan/plat may be filed and approved simultaneously provided all public hearing requirements are met.

(UDO 2008, § 17.08.050)

A.

Submission and Distribution of Plans. Prior to filing a formal application for approval of a PUD, the developer shall request on forms available from the Community Development Department a concept plan review by the Technical Review Committee (TRC). Upon receipt of a complete application for TRC review, the Community Development Department shall distribute copies of the application to the TRC members and schedule a meeting of the TRC. Unless agreed upon by the applicant, this meeting shall be no later than 45 days after submission of the complete application. At a minimum, the application for concept plan review shall include:

1.

Map showing the location of the proposed development and surrounding land uses; and

2.

Concept site plan showing locations of streets, buildings, and any subdivision of land; and

3.

Information regarding site topography, drainage, and intentions for storm water management and extension/hook-up of water and sewer lines and utilities.

4.

A concept landscape plan depicting location of existing vegetation and general location and type of intended landscaping.

5.

Building elevations with proposed materials.

B.

Technical Review Committee Meeting. The TRC is advisory only. Nothing offered or said by the Village staff or TRC members shall be construed as an approval of the project or approval of any particular element of the project. All advice and recommendations are subject to modification during later stages of the approval process. The purposes of the TRC meeting are to help the applicant determine whether:

1.

The concept plan appears to be in conformity with the land-use policies and objectives of the Village; and

2.

The concept plan appears to be in compliance with the provisions of this ordinance and all other applicable Village standards; and

3.

Any other governmental body has objections or suggestions concerning the proposal.

C.

Post-Meeting Report. Each member of the TRC will be given an opportunity to present recommendations on the concept plan, and the Planning and Economic Development Director shall provide a written report to the applicant containing a summary of the TRC members' recommendations.

(UDO 2008, § 17.08.060; Ord. No. O-69-12, § 2, 11-26-2012)

A.

Overview. Upon completion of the pre-application stage of the PUD process, the applicant shall prepare and submit a preliminary plan/plat for the proposed development. The purpose of the PUD preliminary plan/plat is for the applicant to obtain preliminary approval by the Village Board that the intended development is acceptable and that the applicant can reasonably proceed with the preparation of detailed site, architecture, engineering, and landscaping plans.

B.

Pre-Hearing Actions.

1.

The applicant shall submit an application for PUD preliminary plan/plat approval for the proposed development. The PUD preliminary plan/plat shall be processed concurrently with any required annexation, annexation agreements, Zoning Map amendments, or variation approvals. All PUD preliminary plan/plats shall require review and recommendation by the Planning and Zoning Commission except for those PUDs located entirely or partially within the DD District, which shall be reviewed directly by the Village Board.

2.

The Planning and Economic Development Director shall review each PUD preliminary plan/plat application for completeness and, if the application is complete, schedule a public hearing before the appropriate body. The hearing shall be no later than 90 days after the submission of a complete application unless the petitioner agrees otherwise.

3.

Pubic notice for the hearing shall be posted in accordance with § 17.04.050 of this ordinance.

4.

Prior to the scheduled public hearing the Planning and Economic Development Director shall review the PUD Preliminary plan/plat application for compliance with the objectives and adopted land use plans and the regulations of this ordinance and forward a report of the review with recommendations to the appropriate hearing body.

C.

Public Hearings. The hearing body shall conduct a public hearing on the PUD preliminary plan/plat and shall preserve a record of the public hearing.

1.

If the hearing is before the Planning and Zoning Commission, that body shall either recommend approval, approval with conditions, or denial of the application. The recommendation shall be forwarded with findings of fact to the Village Board. The recommendation with findings shall be forwarded to the Village Board for consideration within 90 days of the conclusion of the public hearing, unless a delay is agreed upon by the petitioner.

2.

If the hearing is before the Village Board, the Board shall, upon completion of the public hearing, direct the Community Development Department to prepare the appropriate ordinances and resolutions with suitable findings of fact.

D.

Preliminary Plan/Plat Approval. The Village Board shall accept or reject the preliminary plan/plat within 60 days after its next regular meeting following the receipt of the written recommendations of the Planning and Zoning Commission, or, if the Village Board conducted the hearing, within 90 days of the conclusion of the hearing. The Village Board may require such special conditions in the approval of the preliminary plan/plat as it may deem necessary to insure conformity with the intent and goals of this ordinance. Upon approval by the Village Board a record shall be prepared including findings of fact and setting forth the terms of relief and/or variances granted from existing ordinances.

E.

Effect of Approval. Once a PUD preliminary plan/plat is approved, applicants shall proceed to the final plan/plat stage of the development review and approval process. Approval of the PUD preliminary plan/plat shall not constitute approval of the final plan/plat. Rather it shall be deemed an expression of the approval of the layout submitted on the preliminary plan or plans.

F.

Lapse of Approval. A PUD preliminary plan/plat shall lapse and be of no further effect if a complete PUD final plan/plat application has not been submitted to the Community Development Department within 12 months of the date of the PUD preliminary plan/plat approval. The Village Board may, at its sole discretion, grant extensions of this 12-month period.

(UDO 2008, § 17.08.070; Ord. No. O-69-12, § 2, 11-26-2012; Ord. No. O-10-14, § 3, 2-10-2014)

A.

Overview. Upon completion of the PUD preliminary plan/plat stage of the PUD process, the applicant shall prepare and submit a final plan/plat for the proposed development. The application for approval of the final development plan of a PUD may be submitted in phases.

B.

PUD Final Plan/Plat Approval. Within one year of approval of the PUD Preliminary Plan/Plat, the applicant shall file for approval a PUD Final Plan/Plat covering all or part of the approved PUD Preliminary Plan/Plat. The PUD Final Plan/Plat shall be in substantial compliance with the PUD Preliminary Plan/Plat, i.e., the number of dwelling units has not been increased, the height of the buildings has not been increased, building materials are the same or of equal quality, and the general quantities and quality of the landscaping material is the same, and any changes to the final engineering do not alter the general design characteristics of the PUD Preliminary Plan/Plat.

1.

The application for PUD Final Plan/Plat shall be made to the Planning and Economic Development Director, who upon confirmation of the application's completeness, shall forward it to other appropriate Village staff for review and comment. The Final Plan/Plat with staff comments shall be reviewed by the Planning & Zoning Commission. The Planning & Zoning Commission shall determine whether the PUD Final Plan/Plat is in substantial conformance with the PUD Preliminary Plan/Plat, and forward its determination to the Village Board.

2.

The Village Board, upon receiving the determination from the Planning & Zoning Commission shall vote to either approve or disapprove the PUD Final Plan/Plat. (Ord. No. O-54-09)

C.

Lapse of Approval. A PUD final plan/plat shall lapse and be of no further effect if site development does not commence with 12 months of the date of final plan/plat approval. The Village Board may, at its sole discretion, grant extensions of this 12-month period.

D.

Recording of Plats. Recording of plats shall be accomplished in accordance with § 17.04.110 of this ordinance.

(UDO 2008, § 17.08.080; Ord. No. O-69-12, § 2, 11-26-2012)

Changes to approved PUD final plans/plats may be modified only in accordance with the provisions of this section. Likewise, any change of a final plan/plat from an approved preliminary plan/plat shall be modified only in accordance with the provisions of this section. The requirements of this section are intended to ensure that significant changes to plans/plats do not occur without the opportunity for public input at a hearing.

A.

Major Modification of Plans. Major modifications of plans shall require re-review and re-approval in accordance with the provisions of 17.08.070 of this ordinance. A "major modification" to an approved PUD plan/plat is any modification that meets any of the following thresholds:

1.

Increases the number of dwelling units; or

2.

Increases the height of any structure; or

3.

Increases the non-residential floor area by more than 5%; or

4.

Increases the impervious surface coverage by more than 2.5%; or

5.

Decreases storm water detention or otherwise significantly alters the storm water management for the site; or

6.

Reduces the amount of open space; or

7.

Reduces the amount of landscaping plant material by more than 5%; or

8.

Significantly alters the appearance of structures or signs; or

9.

Replaces approved exterior materials with materials generally considered to be inferior products; or

10.

Otherwise represents a change to the overall character of the previously approved plan/plat.

B.

Minor Modifications of Plans. Minor modifications of plans shall be approved by the Planning and Economic Development Director upon consultation with the President of the Board of Trustees and the Chairman of the Planning and Zoning Commission. A "minor modification" to an approved plan is any change that does not meet the thresholds in paragraph A of this section.

(UDO 2008, § 17.08.090; Ord. No. O-41-10, § 12, 6-28-2010; Ord. No. O-69-12, § 2, 11-26-2012; Ord. No. O-29-15, § 7, 9-14-2015)