A.

"Planned development" means a tract of land containing not less than 3.50 acres, which fronts on or is immediately adjacent to a major arterial roadway sufficient to distribute traffic to and from the site, comprehensively planned as an entity via a unitary plan which permits flexibility in building, mixture of housing types and land uses, not less than forty (40) percent of the total site acreage being usable open spaces and the preservation of significant natural features. The president and board of trustees, in its sole discretion, may modify or waive the acreage restriction upon request.

B.

"Planned unit development committee" or "PUD committee" means an internal review committee of the village which shall consist of the director of public works, village engineer and the village president, as an ex-officio member.

C.

Interpretation. Where the definitions or conditions imposed by any provision of this chapter (or any rule, regulation or restriction subsequently promulgated in connection herewith) upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provision of the village code, or of any other law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall govern.

(Ord. 748 § 10.1-1, 2003)

The purposes of this planned development chapter are:

A.

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

B.

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

C.

To preserve to the greatest extent possible the existing landscape features and amenities and to utilize such features in a fashion harmonious with the planned development;

D.

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

E.

To combine and coordinate architectural styles, building forms and building relationships within the planned development;

F.

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

G.

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

(Ord. 748 § 10.1-2, 2003)

A.

The following shall be required for all planned developments. Prior to filing a formal application for approval, the petitioner shall request a pre-application conference with the planned unit development (PUD) committee. No such conference shall be binding upon the village. The purpose of the pre-application conference is to advise and assist the petitioner before presentation of the development plan, so that the petitioner may determine:

1.

Whether the proposed planned development appears, in general, to be in compliance with the provisions of the zoning and other applicable ordinances;

2.

Whether it appears that any zoning amendment or variance is required;

3.

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

B.

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

(Ord. 748 § 10.1-3, 2003)

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

A.

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

B.

Names and addresses of the person to whom notices of hearings shall be sent including the petitioner, the designers of the subdivision and the owners of the land within two hundred fifty (250) feet, exclusive of public right-of-way, of the planned development;

C.

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

D.

A description of the requested modifications, exceptions and variances of and from this chapter or the village's subdivision control ordinance;

E.

An executive summary of proposed covenants and restrictions, including by-laws structure, that are intended to be filed in the office of the recorder of deeds of Cook County prior to the disposition of any land in the planned development. The village shall require such covenants and adequate provisions to assure proper maintenance and repair of all areas and facilities under common ownership, including the payment therefore and enforceability thereof by or on behalf of the village.

F.

Site Plan and Supporting Maps. A site plan and any maps necessary to show the major details of the proposed planned development must contain the following minimum information:

1.

The existing site conditions, including all improved structures and significant natural features with one foot topographical contours,

2.

Proposed lot lines,

3.

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

4.

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

5.

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

6.

The existing and proposed pedestrian circulation system,

7.

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

8.

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

9.

General street and public area lighting plan;

G.

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

H.

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

I.

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

J.

Floor plans and elevations of proposed structures.

(Ord. 748 § 10.2-2, 2003)

The zoning board of appeals shall hold a public hearing on the application for a planned development and preliminary plan. Notice shall be given of the time and place of the hearing by publishing a notice thereof at least once in a newspaper of general circulation in the village, such publication to be not more than thirty (30) days nor less than fifteen (15) days prior to the day of hearing. Notice shall be provided owners of record within two hundred fifty (250) feet, exclusive of public right-of-ways, of the planned development not more than thirty (30) days nor less than fifteen (15) days prior to the date of hearing. The form of notice to be provided by the village clerk shall be either certified of registered mail, return receipt requested.

(Ord. 748 § 10.3, 2003)

Within thirty (30) days after the close of public hearing, the zoning board of appeals shall give a written opinion to the president and board of trustees recommending approval, modification or disapproval of the preliminary plan of development.

(Ord. 748 § 10.4, 2003)

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

(Ord. 748 § 10.5, 2003)

Approval of a preliminary plan by the president and board of trustees shall not constitute approval of the final plan nor qualify a plat of the planned development for recording. In the event that a preliminary plan is approved and thereafter, but not prior to final approval, the petitioner shall choose to abandon such plan and notify the zoning board of appeals in writing, or fail to file application for final plan approval within the required time period or any extension thereof, 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 all applicable ordinances. No building permit shall then be issued for any structure until approval for the issuance has been given by the president and board of trustees of the final plan.

(Ord. 748 § 10.6, 2003)

The purpose of the final development plan is to:

A.

Designate the land subdivided into lots;

B.

Designate the division of other lands into common open building areas;

C.

Designate and limit the specific use of land, buildings and structures thereon.

(Ord. 748 § 10.7-1, 2003)

The final plan of the planned development shall substantially conform to the preliminary plan as approved. It may be submitted in stages with each stage being a portion of the approved preliminary plan which is to be developed and recorded; each such portion shall conform to all requirements of this chapter. After reviewing the final plan and supporting data, the zoning board of appeals shall approve or disapprove the plan within thirty (30) days. The required procedure for approval of the final plan of a planned development shall be as follows:

A.

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

B.

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

C.

Final plans for all or part of the planned development shall be submitted to the village clerk. Such plans shall be in substantial compliance with the development schedule.

D.

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

E.

The final version of the plan of the planned development shall be filed indicating the locations of all buildings, parking and loading spaces and any other special structure, facility or feature approved or required by the president and board of trustees.

F.

All final plans shall be prepared in such detail as may be required by the PUD committee, including, but not limited to:

1.

Sanitary and storm sewer systems;

2.

Water supply system;

3.

Street and public area lighting systems;

4.

Sidewalks, trails and paths; and

5.

Landscape plan.

G.

Final floor plan and elevations of proposed structures.

(Ord. 748 § 10.7-2, 2003)

In reviewing the preliminary plans and final plans, the zoning board of appeals and the president and board of trustees shall be guided by the following standards:

A.

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

B.

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

C.

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

D.

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

(Ord. 748 § 10.8, 2003)

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

A.

Approval of any planned development by the president and board of trustees shall carry with it approval of the development for completion of each phase or segment thereof as contained in the application, including any changes or amendments imposed by the village president and board of trustees and accepted by the applicant.

In the event any portion of such development schedule is not met, the president and board of trustees, upon a written request by the applicant for an extension of time, delivered to the president and board of trustees, at least twenty (20) days prior to the expiration of the completion date for which such extension is requested, may, for good cause shown, extend the completion date for such length of time as the president and board of trustees, in their sole discretion, deem justified by the circumstances.

Upon the failure of an applicant to satisfactory meet any phase or segment of the development schedule within thirty (30) days after the expiration thereof, or within thirty (30) days after any extension thereof granted by the president and board of trustees, the planned development granted as a special use hereunder shall forthwith lapse, terminate and become null and void, and the tract of land subject to such special use shall retain its underlying zoning classification; provided, however, that the president and board of trustees shall permit such portion of the planned development special use to remain in effect with respect to such tract as is reasonably warranted by the then current state of development so as to avoid manifest injustice to the applicant and his or her successors in title.

The applicant may apply for approval of a new planned development or for rezoning of the subject premises within sixty (60) days after termination. In the event the applicant does not make such application within a sixty (60) day period, the president and board of trustees shall initiate consideration of rezoning of the subject property by referring the matter to the zoning board of appeals for public hearing and recommendations.

B.

Upon issuance of a special use permit and the necessary building permits, no major changes may be made, during or after development in accordance with the final plan as approved and recorded; however, such major changes may be made pursuant to Section 17.52.180, Plan changes.

(Ord. 748 § 10.9, 2003)

In any case where a planned development has not been substantially commenced within one year from the date of granting thereof, the zoning board of appeals may recommend and the president and board of trustees, after notice and public hearing thereon, may repeal the ordinance authorizing any such planned development.

(Ord. 748 § 10.10-1, 2003)

The zoning board of appeals may recommend and the president and board of trustees may authorize specified uses permitted in part of the area of a proposed planned development, which are not permitted by the use regulations of the district in which the development is located, provided, that the zoning board of appeals shall find:

A.

That the uses permitted by such exception are necessary or desirable and are appropriate with respect to the preliminary purpose of the planned development; and

B.

That the uses permitted by such exception are not of such a nature or so located as to be a detrimental influence on the surrounding neighborhood.

(Ord. 748 § 10.10-2, 2003)

In the case of any planned development, the zoning board of appeals may recommend and the president and board of trustees may authorize exceptions to the bulk regulations of the zoning ordinance within the boundaries of such planned developments, provided that the petitioner shall present sufficient evidence to the zoning board of appeals that such exception shall be solely for the purpose of promoting an integrated site plan no less beneficial to the residents of occupations of such development as well as the neighboring property, than would be obtained under the bulk regulations of this chapter for building developed on separate zoning lots.

(Ord. 748 § 10.10-3, 2003)

In the event that the organization established to own and maintain common open space, recreation areas and related facilities, or any successor organization, shall at any time after establishment of the planned development fail to maintain the common open space, recreation areas and related facilities 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 development setting forth the manner in which the organization has failed to maintain the space in a reasonable condition and the notice shall include the following:

A demand that such deficiencies of maintenance be cured within thirty (30) days. If such deficiencies are not cured within thirty (30) days, the village shall serve notice of hearing. The notice shall state the date and place of hearing and shall be sent via U.S. mail not less than five days from the hearing date. At the hearing, if the village finds the deficiencies cannot be cured by the responsible party, the village, in order to preserve the taxable values of the properties within the planned development and to protect the common open space, may call a public hearing upon notice to such organization, or to the residents of the planned development to show cause why such maintenance by the village shall not, at the election of the village, continue for the succeeding year. The decision of the president and board of trustees in any case shall constitute a final administrative decision, subject to review in accordance with appropriate provisions of this section. The cost of such maintenance by the village shall be assessed against the properties within the planned development that have a right of enjoyment of the common space and recreation space. The village may pursue such payments by appropriate legal action.

(Ord. 748 § 10.10-4, 2003)

A petitioner, pursuant to the terms of this chapter, may apply and the village president and board of trustees may approve both a preliminary and final plan under a single application.

(Ord. 748 § 10.10-5, 2003)

A.

Major Changes. Changes which alter a concept of the planned development, including, but not limited to, changes in density, type and location, height of buildings and proposed open space, must be approved by submission of preliminary and final development plans pursuant to the provisions of this chapter and provisions for a public hearing under Section 17.52.050.

B.

Minor Changes. Minor changes in locations, siting or character of buildings may be authorized by the PUD committee if required by engineering and architectural constraints, or other circumstances not foreseen at the time the final development plan was approved. The PUD committee may not authorize as a minor change, except as provided herein, any increase in the size of a building or structure. The PUD committee may authorize as a minor change, changes in the location of any building or structure in any direction up to ten (10) feet; further, any such changes in the location of a building or structure exceeding ten (10) feet may be approved by the PUD committee, provided such change is subsequently ratified and approved by the president and board of trustees.

(Ord. 748 § 10.11, 2003)

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

(Ord. 748 § 10.12, 2003)

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

(Ord. 748 § 10.13, 2003)

The requirements contained herein are not exclusive and shall be in addition to any other requirements imposed by state law, village ordinance, resolution, code provision, rule, regulation or the like now existing or hereinafter adopted by the village and/or the state of Illinois.

(Ord. 748 § 10.14, 2003)