(A)   The purpose of the planned unit development is to permit:

      (1)   Variety and flexibility in land development that is necessary to meet changes in technology and demand that will be consistent with the best interests of the entire village;

      (2)   The allocation, maintenance and permanent preservation of common open space and recreation areas and facilities;

      (3)   A maximum choice in the types of environment available to the public by allowing a development that would not be possible under the strict application of the other sections of this chapter;

      (4)   A pattern of development to preserve natural vegetation, topographic and geologic features;

      (5)   A creative approach to the use of land and related physical facilities that results in better development and design and the construction of aesthetic amenities;

      (6)   An efficient use of the land resulting in more economic networks of utilities, streets, schools, public grounds and buildings and other facilities;

      (7)   A land use which promotes the public health, safety comfort, morals and welfare; and

      (8)   Innovations in residential, commercial and industrial development so that growing demands of the population may be met by greater variety in type, design and layout of buildings and by the conservation and more efficient use of open space ancillary to the buildings.

   (B)   The planned unit development is intended to provide for developments incorporating a single type or a variety of related uses which are planned and developed as a unit. Such development may consist of conventionally subdivided lots or provide for development by a planned unit development plat in keeping with the purpose of the plan.

(Ord. 1999-2, Zoning § 22, subs. .010, passed 2-15-1999)

   The Planned Unit Development District is authorized as a special use in each of the zoning districts of this chapter which are specified on the zoning map as eligible for planned unit development. The zoning map may be amended to provide for planned unit development eligible districts. The size of the planned unit development and standards for which it must be built vary in different zoning districts in accordance with §§ 155.547 through 155.559.

(Ord. 1999-2, Zoning § 22, subs. .020, passed 2-15-1999)

   The planned unit development must meet the standards set forth in §§ 155.548 through 155.559.

(Ord. 1999-2, Zoning § 22, subs. .030, passed 2-15-1999)

   The entire site of the planned unit development shall be under single ownership and/or unified control as demonstrated by a description of legal responsibility as necessary to effectuate and maintain the plan.

(Ord. 1999-2, Zoning § 22, subs. .040, passed 2-15-1999)

   The site of the planned unit development shall be not less than two acres in any zoning district.

(Ord. 1999-2, Zoning § 22, subs. .050, passed 2-15-1999)

   The planned unit development may include any or all uses permitted within any of the existing zoning districts or a mixture thereof; provided that the uses permitted in the planned unit development shall be a type and so located as to exercise no undue detrimental influence upon the surrounding properties and shall be compatible each with the other within the planned unit development.

(Ord. 1999-2, Zoning § 22, subs. .060, passed 2-15-1999)

   No building shall exceed 15 stories or 150 feet in height.

(Ord. 1999-2, Zoning § 22, subs. .070, passed 2-15-1999)

   The following floor area ratio shall be observed as maximum density controls:

 

 

(Ord. 1999-2, Zoning § 22, subs. .080, passed 2-15-1999)

   A maximum of 40 units per net residential land area shall be permitted. A minimum of 25% of the land area devoted to multiple-family residential use shall consist of common open space.

(Ord. 1999-2, Zoning § 22, subs. .090, passed 2-15-1999)

   Setbacks and yard requirements normally required by provisions of this chapter may be waived in planned unit developments, but appropriate periphery requirements shall be imposed so as to not alter the character of, or exercise undue detrimental influence upon, adjacent properties.

(Ord. 1999-2, Zoning § 22, subs. .100, passed 2-15-1999)

   There shall be adequate parking and/or loading facilities provided within the site of the planned unit development or within the immediate neighborhood, consistent with the intent of the provisions and regulations of this chapter.

(Ord. 1999-2, Zoning § 22, subs. .110, passed 2-15-1999)

    Adequate provision shall be made to provide ingress and egress, loading and delivery facilities so designated as to minimize congestion in the public streets and alleys.

(Ord. 1999-2, Zoning § 22, subs. .120, passed 2-15-1999)

   Existing or proposed public facilities, including but not limited to sanitary waste, stormwater, water supply, fire protection and public utility facilities, shall be adequate for the service of residents and occupants within the planned unit development and must be so designed as to cause no detrimental influence upon public facility service levels for surrounding properties.

(Ord. 1999-2, Zoning § 22, subs. .130, passed 2-15-1999)

   The amount and location of common open space shall be consistent with the declared function of common open space as set forth in the application for planned unit development, and there shall be such provisions for the ownership and maintenance of the common open space to ensure its continuity and conservation. In the event that the common open space is permitted to deteriorate or is not maintained in a condition consistent with the best interests of the entire village, then and in such event the village shall take such remedial steps provided for in this chapter as may be required, in the discretion of the Village Board, to correct such deterioration and return the violation to compliance.

(Ord. 1999-2, Zoning § 22, subs. .140, passed 2-15-1999)

   The planned unit development shall not be designed as to be detrimental to or endanger the public health, safety, morals, comfort or general welfare.

(Ord. 1999-2, Zoning § 22, subs. .150, passed 2-15-1999)

   A planned unit development shall be granted as a special use permit in accordance with the standards and procedures of this chapter and may depart from the normal procedures and requirements of other chapters in this chapter. Application shall be accompanied by the required plats, documents and other data. Before submitting any application for a planned unit development, an applicant may confer with the Planning and Zoning Board to obtain information and guidance before entering into binding commitments or incurring substantial expense in the preparation of plans, surveys and other materials; provided, however, that no such preapplication conference shall result in any binding commitments on behalf of the applicant or the village.

(Ord. 1999-2, Zoning § 22, subs. .160, passed 2-15-1999)

   The application for a planned unit development shall be executed by or on behalf of the landowner and filed in duplicate with the Secretary of the Planning and Zoning Board. A filing fee, the amount of $75 payable to the village, shall be submitted to the Secretary of the Planning and Zoning Board. A preliminary plat and supporting data shall be submitted in accordance with the provisions of § 155.576.

(Ord. 1999-2, Zoning § 22, subs. .170, passed 2-15-1999)

   The Planning and Zoning Board shall hold a public hearing within 60 days after filing an application for a planned unit development. The Planning and Zoning Board shall conduct the public hearing in accordance with state law. The Planning and Zoning Board shall adopt and make public its own rules and procedure not in conflict with this chapter. The Planning and Zoning Board may continue the hearing from time to time; provided, however, that in any event the public hearing or hearings shall be concluded within 30 days after the date of the first public hearing. Either before or after the hearing, the Planning and Zoning Board shall furnish a written recommendation regarding any proposed planned unit development. If the request is made before the hearing, the Planning and Zoning Board shall deliver its recommendation to the Village Board at or before the hearing; if the request is made at or after the hearing; the Commission shall, within a reasonable time, deliver copies of its recommendation to the Planning and Zoning Board, the applicant and to any other interested parties requesting same.

(Ord. 1999-2, Zoning § 22, subs. .180, passed 2-15-1999)

   (A)   The Planning and Zoning Board, within 30 days following the conclusion of the public hearing, shall transmit to the Village Board a written report giving its findings and recommendations for action to be taken by the Village Board. The Planning and Zoning Board shall recommend either approval of the preliminary plan as submitted, approval of the preliminary plan subject to specified conditions and modifications not included in the preliminary plan as submitted.

   (B)   The Planning and Zoning Board’s recommendation shall include not only conclusions but also whether findings of fact related to the proposal would or would not be in the public interest, including but not limited to findings of fact on the following:

      (1)   In what respects the proposed plan is or is not consistent with the stated purpose of the planned unit development regulations;

      (2)   The extent to which the proposed plan meets the requirements and standards of the planned unit development regulations;

      (3)   The extent to which the proposed plan departs from the zoning and subdivision regulations otherwise applicable to the subject property, including but not limited to the density, dimension, area, bulk and use and the reasons why such departures are or are not deemed to be in the public interest;

      (4)   The nature and extent of the common open space in the planned unit development, the reliability of the proposals for maintenance and conservation of the common open space, and the adequacy or inadequacy of the amount and function of the open space in terms of the densities and dwelling types proposed in the plan;

      (5)   The plat of the plan and the manner in which the plat does or does not make adequate provision for public services, provide adequate control over vehicular traffic and further the amenities of light and air, recreation and visual enjoyment;

      (6)   The relationship and compatibility, beneficial or adverse, of the proposed plan to the adjacent properties and neighborhood;

      (7)   The desirability of the proposed plan to physical development, tax base and economic well-being of the entire community;

      (8)   The conformity with the recommendations of a Comprehensive Plan for the village; and

      (9)   In the case of a plan which proposes development over a period of years, the sufficiency of the terms and conditions proposed to protect the interests of the public and the residents of the planned unit development in the integrity of the plan.

(Ord. 1999-2, Zoning § 22, subs. .190, passed 2-15-1999)

   The Village Board, after receipt of the planned unit development plan and recommendations from the Planning and Zoning Board, shall approve, modify or disapprove the preliminary plan. The Village Board may require such special conditions in the approval of the preliminary plan as it may deem necessary or appropriate to ensure conformity with the intent of all Comprehensive Plan elements and the stated purposes of the planned unit development.

(Ord. 1999-2, Zoning § 22, subs. .200, passed 2-15-1999)

   The Village Board shall, in its resolution granting or denying approval of a preliminary planned unit development plan, include not only conclusions but findings of fact related to the specific proposal and shall set forth in what respects the proposal would or would not be in the public interest, including but not limited to the findings of fact enumerated in the appropriate sections of this chapter.

(Ord. 1999-2, Zoning § 22, subs. .210, passed 2-15-1999)

   Approval of a preliminary plan shall not constitute approval of the final plan nor qualify a plat of the planned unit development for recording; rather, it shall be deemed an expression of approval of the preliminary plan as a guide to preparation for the final plan. A preliminary plan which has been granted approval as submitted or approval with conditions or modifications shall not be modified or revoked nor otherwise impaired by action of the village pending an application for final approval without the consent of the landowner, provided that application for final approval is filed within the time or times specified in the resolution granting preliminary approval. In the event that a plan is given preliminary approval and thereafter, but prior to final approval, the landowner chooses to abandon such plan and so notifies the Planning and Zoning Board in writing, or fails to file application for final plan approval within the required time period, the preliminary plan approval shall be deemed to be revoked, and all that portion of the area included in the plan for which final approval has not been given shall be subject to those local ordinances applicable thereto. No building permit shall be issued for any structure until approval of the final plan by the Village Board.

(Ord. 1999-2, Zoning § 22, subs. .220, passed 2-15-1999)

   (A)   An application for final plan approval may be filed for all the land included in a plan or for a section thereof. The application shall be filed with the Secretary of the Planning and Zoning Board within 180 days (or such time) after approval of the preliminary plan. The application shall include such drawings, specifications, covenants, easements and conditions and form of bond as were set forth by resolution at the time of preliminary approval and as specified in §§ 155.577 through 155.582. In accordance with the schedule proposed in the application for preliminary approval, the landowner may elect to have final approval of only a geographic section or sections of the land included in the plan and may delay, within the time authorized by the resolution, application for final approval of other sections.

   (B)   The final plan shall be approved as the final land use and zoning plat if it conforms with the previously approved preliminary plan. The preliminary and final plan may be filed and approved simultaneously if all requirements of this chapter are met.

   (C)   The final plan for the planned unit development, including plats and other data, shall be submitted to the Planning and Zoning Board and shall comply fully with the provisions of §§ 155.577 through 155.582. All final plans shall be accompanied by a written construction schedule of the developer, such schedule not to exceed a period of five years. If the development period in fact exceeds five years, the village may revoke approval of the planned unit development and initiate such zoning changes as it deems necessary to preserve the public interest. Final plats and supporting data shall show in detail the design, location and internal use of all buildings and overall land development as well as such additional information as the Village Board and Planning and Zoning Board may require.

(Ord. 1999-2, Zoning § 22, subs. .230, passed 2-15-1999)

   (A)   The Planning and Zoning Board shall review the final plat at a public meeting and shall recommend approval or disapproval within 30 days after submission by the landowner and shall indicate the reason therefor to the Village Board.

   (B)   A public hearing on an application for final approval of a planned unit development shall not be required except as follows.

      (1)   The Planning and Zoning Board shall not act upon a final plan application which contains one or more major changes from the preliminary plan as approved by the Village Board.

      (2)   A final plan which contains a major change from the preliminary plan approved by the Village Board shall be considered and treated as a new plan, and the Planning and Zoning Board shall require that the landowner resubmit an application for preliminary plan approval in accordance with appropriate section of this chapter.

      (3)   Any of the following changes shall be deemed to be a major change:

         (a)   A change which alters the concept, character or intent of the preliminary plan;

         (b)   A change which increases residential density;

         (c)   A change which significantly increases the height of any building or structure; or alters the uses and design standards set forth as a minimum in this chapter;

         (d)   A change which significantly increases nonresidential floor area by more than 10%;

         (e)   A change which reduces the amount of common open space or other open space;

         (f)   A change which significantly reduces the number of off-street parking spaces provided for;

         (g)   A change in the sequence of development;

         (h)   A change in the final governing agreement;

         (i)   A change in the provisions, easements or covenants;

         (j)   A change which affects the capacity of public facilities, service and utilities (new); or

         (k)   Any change which substantially affects the previous statements of facts and findings of the Planning and Zoning Board.

      (4)   In the event that the Planning and Zoning Board refuses to act upon a final plan proposal because it contains major changes, the Planning and Zoning Board shall so notify the landowner in writing within 30 days of the application for final approval, setting forth the reasons why one or more of the changes to the plan are major changes and ineligible for Planning and Zoning Board review. In such event, the landowner may refile his or her application for final approval without the major changes objected to by the Planning and Zoning Board at any time within which he or she shall be entitled to apply for final approval, or within 30 additional days if the time for applying for final approval has already passed when the Planning and Zoning Board advised the landowner that the major changes could not be considered. If the landowner fails to refile within such period, he or she shall be deemed to have refused to accept such requirements, and final approval shall be deemed to have been denied.

(Ord. 1999-2, Zoning § 22, subs. .240, passed 2-15-1999)

   (A)   The Village Board, after receipt of the final plan and recommendation from the Board of Appeals and Planning and Zoning Board, shall approve or disapprove the final plat and, if approved, shall pass an ordinance authorizing the planned unit development as a special use.

   (B)   The Village Board shall not approve a final plan which contains major changes, as enumerated in § 155.568(B)(3).

(Ord. 1999-2, Zoning § 22, subs. .250, passed 2-15-1999)

   (A)   The ordinance authorizing construction of the planned unit development shall be effective only upon recording of the final planned unit development plat and supporting data with the County Recorder of Deeds. No permit allowing construction of a building or other development shall take place until the required recording of the final plat, approval of the final engineering plans by the Village Engineer, and the posting by the developer of the required improvement deposits, as set forth in §§ 155.579 and 155.580. All recording costs shall be paid by the developer.

   (B)   The purpose of the final plat is to designate with particularity the land subdivided into conventional lots as well as the division of other lands, not so subdivided, into common open areas and building sites. The preliminary plat shall generally locate buildings, whereas the final plat shall show the exact location of each building. The recording of the final plat shall inform all who deal with the planned unit development of the restrictions placed upon the land and act as a zoning control device.

(Ord. 1999-2, Zoning § 22, subs. .260, passed 2-15-1999)

   The Village Board shall consider the planned unit development subject to revocation if construction falls more than two years behind the schedule filed with the final plat, or exceeds five years. The developer shall be notified at least 90 days prior to any revocation hearing. Extensions of the building schedule agreed by the developer at the time of approval may be granted by the Village Board.

(Ord. 1999-2, Zoning § 22, subs. .270, passed 2-15-1999)

   Upon issuance of a special use permit and the necessary building permits, no changes may be made during or after the development of the final plan as approved and recorded, unless such changes are made pursuant to a new and separate application for planned unit development in accordance with §§ 155.560 through 155.569.

(Ord. 1999-2, Zoning § 22, subs. .280, passed 2-15-1999)

   No planned unit development, or any portion thereof, may be occupied until such time as an occupancy permit has been issued by the Zoning Officer certifying that the development or a stage of the development, if applicable, has been completed in compliance with the final plan as approved and recorded.

(Ord. 1999-2, Zoning § 22, subs. .290, passed 2-15-1999)

   (A)   In the event that the organization established to own and maintain common open space, or any successor organization, at any time after establishment of the planned unit development fails to maintain the common open space in reasonable order and condition in accordance with the plan, the village may serve written notice upon such organization or upon the residents of the planned unit development setting forth the manner in which the organization has failed to maintain the common open space in reasonable conditions, and such notice shall include a demand that such deficiencies of maintenance be cured within 30 days thereof, and shall state the date and place of a hearing thereon which shall be held within 14 days of the notice. At such hearing the village may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be cured. If the deficiencies set forth in the original notice or in the modifications thereof shall not be cured within 30 days or any extension thereof, the village, in order to preserve the taxable values of the properties within the planned unit development and to prevent the common open space from becoming a public nuisance, may enter upon the common open space and maintain the same for a period of one year. The entry and maintenance shall not vest in the public any rights to use the common open space except when the same is voluntarily dedicated to the public by the owners. Before the expiration of the year, the village shall, upon its initiative or upon the request of the organization theretofore 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 unit development, to be held by the Planning and Zoning Board of the village, at which hearing such organization of the residents of the planned unit development shall show cause why such maintenance by the village shall not, at the election of the village, continue for a succeeding year. If the Planning and Zoning Board determines that such organization is ready and able to maintain the common open space in reasonable condition, the village shall cease to maintain the common open space at the end of the year. If the Planning and Zoning Board determines such organization is not ready and able to maintain the common open space in a reasonable condition, the village may, in its discretion, continue to maintain the common open space during the next succeeding year subject to a similar hearing and determination, in each year thereafter. The decision of the Planning and Zoning Board in any such case shall constitute a final administrative decision subject to review in accordance with the appropriate provisions of this chapter.

   (B)   The cost of such maintenance by the village shall be assessed ratably against the properties within the planned unit development that have a right of enjoyment of the common open space and shall become a tax lien on such properties. The village, at the time of entering upon the common open space for the purpose of maintenance, shall file a notice of such lien in the office of the County Recorder upon the properties affected by such lien within the planned unit development.

(Ord. 1999-2, Zoning § 22, subs. .300, passed 2-15-1999)

   The planned unit development applications shall be accompanied by plats, supporting data and materials which shall include at least the information required by §§ 155.576 through 155.582, prepared in a manner and scale appropriate to the size and nature of the site and development.

(Ord. 1999-2, Zoning § 22, subs. .310, passed 2-15-1999)

   (A)   All drawings shall be prepared at a scale of a minimum of one inch equal to 100 feet.

   (B)   Drawings shall include the following:

      (1)   A property survey and legal description of the size;

      (2)   Boundary lines of the development;

      (3)   Title and certificates, present tract designation according to official records in offices of the County Recorder; title under which proposed development is to be recorded, with names and addresses of owners. “Owner” shall include beneficial owners of any land trust;

      (4)   Statement of present and proposed ownership of all land within the planned unit development;

      (5)   Existing zoning regulations on and surrounding the size;

      (6)   Ground elevations, topographical description and, where applicable, subsurface conditions of the site;

      (7)   General land use of surrounding areas, including schools, parks and other public and semipublic facilities;

      (8)   The general location, purpose and height of each proposed building and structure;

      (9)   Internal uses of each building or structure and the specific overall land uses of the site;

      (10)   The number, type and size of residential units to be developed on the site;

      (11)   The gross floor area of all nonresidential buildings, structures and uses;

      (12)   The amount, location and proposed use of all open space and all land dedicated for public use or reserved for the use of residents of the development;

      (13)   Existing and proposed streets, alleys and other rights-of-way on and adjacent to the site;

      (14)   The amount and location of all parking spaces, loading facilities, sidewalks and service areas;

      (15)   Preliminary architectural sketches for all primary buildings in sufficient detail to permit an understanding of the style of the development and design of the buildings;

      (16)   Existing and proposed utilities on and adjacent to the site, including sanitary and storm sewers, water mains, gas lines, fire hydrants, electric and telephone lines and street lights;

      (17)   Proposed public improvements planned by public authorities on or near the size;

      (18)   Existing and proposed easements, covenants, agreements and provisions governing the use of land, including those providing for the continued protection of the planned unit development and the protection and maintenance of common open space;

      (19)   Development schedule indicating:

         (a)   Stages in which the 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; and

         (b)   Approximate dates for beginning and completion of each stage.

      (20)   A written statement by the landowner setting forth the reasons why, in his or her opinion, the planned unit development would be in the public interest and would be consistent with the statement of purposes for planned unit developments.

(Ord. 1999-2, Zoning § 22, subs. .320, passed 2-15-1999)

   (A)   A final land use and zoning plat, suitable for recording with the County Recorder of Deeds shall be prepared. The purpose of the planned unit development plat is to designate with particularity the land subdivided into conventional lots as well as the division of other lands not so treated into common open areas and building areas, and to designate and limit the specific internal uses of each building or structure, as well as the land in general.

   (B)   The final planned unit development plat shall include but not be limited to:

      (1)   An accurate legal description of the entire area under immediate development within the planned unit development;

      (2)   If subdivided lands are included in the planned unit development, a subdivision plat of all subdivided lands in the same form and meeting all the requirements of a normal subdivision plat;

      (3)   An accurate legal description of each separate unsubdivided use area, including common open space;

      (4)   Designation of the exact location of all buildings to be constructed and a designation of the specific internal uses to which each building shall be put, and a street numbering designation shall be furnished for each building;

      (5)   Certificates, seals and signatures required for the dedication of land, and recording the document; and

      (6)   Tabulations on each separate unsubdivided use area, including land area, number of buildings and number of dwelling units per acre.

(Ord. 1999-2, Zoning § 22, subs. .330, passed 2-15-1999)

   All common open space, at the election of the village, shall be:

   (A)   Conveyed to a municipal or public corporation, or conveyed to a not-for-profit corporation or entity established for the purpose of benefiting the owners and residents of the planned unit development or adjoining property owners or any one or more of them. All lands conveyed under this chapter shall be subject to the right of the grantee or grantees to enforce maintenance and improvement of the common open space; or

   (B)   Guaranteed by a restrictive covenant describing the open space and its maintenance and improvement, running with the land for the benefit of residents of the planned unit development or adjoining property owners and/or both.

(Ord. 1999-2, Zoning § 22, subs. .340, passed 2-15-1999)

   All public facilities and improvements made necessary as a result of the planned unit development shall be either constructed in advance of the approval of the final plat, or, at the election of the village, escrow deposits, irrevocable letters of credit in a form approved by the Village Attorney for performance bonds shall be delivered to guarantee construction of the required improvements. Any such guarantee shall be 100% of the estimate approved by the Village Engineer of the cost to construct the improvements.

(Ord. 1999-2, Zoning § 22, subs. .350, passed 2-15-1999)

   In addition to the deposit provided for in appropriate sections, security for the completion of public improvements shall be provided to the village pursuant to § 154.154 of the Subdivision Code.

(Ord. 1999-2, Zoning § 22, subs. .360, passed 2-15-1999)

   A certificate shall be furnished from the County Collector that he or she finds no delinquent taxes and that all special assessments constituting a lien on the whole or any part of the property of the planned unit development have been paid.

(Ord. 1999-2, Zoning § 22, subs. .370, passed 2-15-1999)

   Final agreements, provisions or covenants shall govern the use, maintenance and continued protection of the planned unit development.

(Ord. 1999-2, Zoning § 22, subs. .380, passed 2-15-1999)