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Mettawa City Zoning Code

ARTICLE XII

PLANNED UNIT DEVELOPMENTS

SECTION 15.1201. PURPOSE.

   In an effort to promote ingenuity, imagination, and design efforts on the part of owners, builders, architects, and developers and to produce developments which are in keeping with overall land use intensity and open space objectives of the Comprehensive Plan, this Article creates the planned unit development (PUD) procedure that allows for departure from the strict application of the specific zoning requirements of the district where the development is located. The intent is to:
   A.   Permit flexibility to allow for a creative approach to the development of land.
   B.   Accomplish a more desirable environment than would be possible through the strict application of the minimum requirements of this Chapter.
   C.   Provide for an efficient use of land facilitating a more economic arrangement of buildings, circulation systems, land use, and utilities.
   D.   Enhance the appearance of neighborhoods through the preservation of natural features, the provision of underground utilities, and the provision of recreation and open space.
   E.   Provide an environment of stable character compatible with surrounding areas.
(Ord. 885, passed 11-21-2023)

SECTION 15.1202. COMMON OWNERSHIP.

   A.   A planned unit development must be on a tract of land under common ownership or control. Common ownership or control means unity of ownership or legal authority to act on behalf of all owners which must be evidenced by deed, contract, management agreement, or other written guarantee.
   B.   Such common ownership or control must extend to all common open space, landscaping, exterior maintenance and all other exterior common area aspects of the development.
(Ord. 885, passed 11-21-2023)

SECTION 15.1203. REQUIRED MINIMUM SIZE.

   Any planned unit development requires a minimum of ten or more contiguous acres under common ownership.
(Ord. 885, passed 11-21-2023)

SECTION 15.1204. PUD PROCEDURE.

   A.   General.
      1.   A planned unit development is a special use in all zoning districts. A planned unit development must be granted in accordance with the procedures and standards of this Article, and the special use provisions of Section 15.1105.
      2.   An application for a planned unit development must be accompanied by a tentative plat of subdivision which meets the requirements of the subdivision regulations of the Village.
      3.   The Zoning, Planning, and Appeals Commission may recommend, and the Village Board may impose additional restrictions, conditions, or development schedules that are particularly applicable to the planned unit development.
   B.   Preliminary Development Plan.
      1.   Action by Zoning, Planning, and Appeals Commission.
         a.   After receipt of a complete application, the Zoning, Planning, and Appeals Commission will consider the proposed PUD application at a public hearing. Notice for the public hearing must be in accordance with Section 15.1103.
         b.   Within 45 days of the close of the public hearing, the Zoning, Planning, and Appeals Commission will prepare findings of fact and make its recommendation with respect to the proposed PUD and forward their findings and recommendation to the Village Board.
         c.   The Zoning, Planning, and Appeals Commission must evaluate the application based upon the standards of this Article. The Zoning, Planning, and Appeals Commission must recommend approval, approval with conditions, or denial of the PUD application.
      2.   Action by the Village Board.
         a.   The Village Board must act on the application for a preliminary development plan within 90 days of receiving the report from the Zoning Planning and Appeals Commission unless the applicant agrees to a time extension. Failure of the Village Board to act within the 90 day period or the agreed-upon extended time shall constitute denial of the application.
         b.   The Village Board must take action in the form of approval, approval with conditions, or denial on PUD special use applications.
         c.   The Village Board may refer the preliminary development plan back to the Zoning, Planning, and Appeals Commission for further consideration and public hearing.
         d.   Approval of the preliminary development plan vests no rights to the applicants other than the right to submit a final development plan.
   C.   Final Development Plan.
      1.   Timeframe.
         a.   Within six months following the approval of the preliminary development plan, the applicant must initiate the second stage of their application process by filing with the Zoning, Planning, and Appeals Commission a final development plan and final subdivision plat.
         b.   Upon written request by the applicant, the Zoning, Planning, and Appeals Commission, for good cause, may extend the period for filing the final development plan for a period not to exceed an additional six months.
      2.   Action by Zoning, Planning, and Appeals Commission.
         a.   Within 60 days after the proposed final development plan and all other necessary documents is filed, the Zoning, Planning, and Appeals Commission must recommend approval, approval with modification, or disapproval, and transmit its findings of fact and recommendation to the Village Board. Failure of the Zoning, Planning, and Appeals Commission to act within the 60-day period constitutes a recommendation of denial of the final development plan.
         b.   If the proposed final development plan does not include any changes from the approved preliminary development that exceed the criteria of this section, the Zoning, Planning, and Appeals Commission may review the proposed final development plan without conducting a public hearing.
         c.   If the proposed final development plan includes changes from the approved preliminary development plan which exceed the criteria of this section, the Zoning, Planning, and Appeals Commission must conduct a new public hearing in order to review the proposed final development plan.
         d.   If changes are required by engineering or other circumstances not foreseen at the time the preliminary development plan was approved, minor changes in the location, siting, and height of structures, streets, driveways, and open spaces may be authorized by the Zoning, Planning, and Appeals Commission to be included in the final development plan in accord with the following procedure without additional public hearings. No change authorized by this subsection may cause any of the following:
            i.   A change in the use or character of the development.
            ii.   An increase of more than 1% in the overall land coverage of structures.
            iii.   An increase in floor area or, in the case of residential areas, an increase in density.
            iv.   An increase in the problems of traffic circulation and public utilities.
            v.   A reduction of more than 1% in approved common open space.
            vi.   A reduction in off-street parking and loading spaces.
            vii.   A reduction in required pavement widths.
      3.   Action by the Village Board.
         a.   Upon receipt of the Zoning, Planning, and Appeals Commission recommendation, the Village Board may by ordinance approve such planned unit development granting the applicant a special use to proceed in accordance with the final development plan and any supporting documents, subject to any additional conditions or restrictions upon such terms the Village Board deems necessary or appropriate to protect and promote the public health, safety, and welfare.
         b.   The ordinance must include all standards, conditions, or restrictions which the Village Board deems necessary to effectuate the proposed planned unit development and protect the public interest.
         c.   In addition to the restrictions and conditions imposed in the ordinance approving the planned unit development, the applicant shall execute such agreements as necessary to guarantee the maintenance of public and private open space.
            i.   Such agreements may include the conveyance of such open space to the Village or other municipal corporation, a not-for-profit corporation, or other legal entity that holds the open space for the benefit of the public.
            ii.   In the event a private not-for-profit corporation or similar entity is established for the purpose of maintaining common open space, the Village may require that said corporation provide maintenance and improvements of such common open space and have the right to exact from the property owners the cost of such maintenance or improvement in a legally enforceable manner.
   D.   Subdivision Review Required.
      1.   The applicable subdivision review required under the Village subdivision regulations must be carried out as an integral part of the review of a planned unit development permit under this Article. The plans required must be submitted in a form which substantially satisfies the requirements of the subdivision regulations for preliminary and final plat approvals.
      2.   The submission of subdivision applications for the whole, a part, or parts of the overall planned unit development permit as indicated by phases in the development plan is permitted.
      3.   If any provisions of this Chapter and the subdivision regulations are in conflict, the more restrictive or detailed requirements control, unless specifically waived or altered by the Village Board upon recommendation of the Zoning, Planning, and Appeals Commission.
      4.   If a subdivision is created as a part of the processing of a planned unit development, the normal subdivision processing fee required by the Village subdivision regulations must be submitted to the Village, as well as the fee for a special use permit required by this Chapter.
      5.   The on-site internal street system, together with the provision and construction of public improvements, must be in compliance with the requirements and standards set forth in the Village subdivision regulations. The Village Board for good cause shown, upon recommendation of the Zoning, Planning, and Appeals Commission, may permit such changes or alterations of such standards as are consistent with the spirit and intent of this Chapter.
(Ord. 885, passed 11-21-2023)

SECTION 15.1205. DEVELOPMENT PLAN REQUIREMENTS.

   A.   Preliminary Development Plan. An application for a planned unit development must be accompanied by preliminary architectural drawings as well as by a preliminary development plan, which contains the following:
      1.   Statement of Objectives. A statement of the planning objectives to be achieved by the particular design approach proposed by the applicant is required. This statement should include a description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant. This statement should also describe the public benefits that will be achieved through the proposed planned unit development that would otherwise not result from a conventional type of development or subdivision of the site.
      2.   Statement of Ownership and Proposed Use. A statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the land areas or structures and the proposed use thereof is required. A statement and documentation verifying that the applicant has, or will have, ownership and control overall land included in the proposed planned unit development is also required.
      3.   Quantitative Summary. A quantitative summary including, but not limited to, the following is required. If the development is to be phased, the quantitative summary must also be broken down into the phase components.
         a.   Area of the subject parcel in acres and square feet.
         b.   In the case of residential uses, residential density.
         c.   Total area and footprint area of principal buildings in square feet.
         d.   Total area and footprint area of accessory buildings in square feet.
         e.   Area of streets in square feet.
         f.   Area of exterior parking facilities in square feet.
         g.   Number of parking spaces.
         h.   Lot coverage (in percentage of entire parcel) of principal buildings, accessory buildings, parking areas, streets, and recreational facilities, individually and collectively.
         i.   Area of open space on-site in square feet.
         j.   Area of commonly owned and maintained open space in square feet.
         k.   In the case of residential uses, maximum residential density that would be achievable through a conventional subdivision of the site.
         l.   A preliminary list of the variations from the underlying zoning that would likely be required to construct the planned unit development as proposed.
      4.   Open Space Statement. A statement is required describing why the area for usable common open space was chosen, the unique advantages it offers, and how it is envisioned that residents or patrons will utilize the space either actively or passively.
      5.   Traffic Study. A recent traffic survey prepared by a qualified expert setting forth and analyzing the effect upon traffic in and outside the Village is required whenever the application contemplates a residential planned unit development of eight or more dwelling units or a non-residential planned unit development of 10,000 or more square feet. Such survey is not limited to the effect on adjacent streets but must extend to all of the surrounding areas affected and indicate the anticipated points of origin and the direction, amount, and density of traffic flow to, from, and within the proposed planned unit development.
      6.   Covenants.
         a.   The developer must establish an owners' association through a declaration of covenants and easements which will be recorded and run with the land and be binding upon any purchaser of any lot or dwelling unit in the planned unit development. The declaration must be submitted to the Zoning, Planning, and Appeals Commission for review and to the Village Attorney for final approval. Such declaration must include, but is not limited to, provisions requiring:
            i.   The developer to convey the private streets or roads, detention or retention facilities, and common areas to the owners' association.
            ii.   The owners' association to maintain and repair any and all private streets or roads, detention or retention ponds, and common areas and any and all appurtenances thereto.
            iii.   That, if the owners' association fails to maintain and repair any and all private streets or roads, detention or retention ponds, and common areas, the Village may, but is not required to, enter upon the property to maintain and repair such items and the owners' association will pay all associated costs.
         b.   The Village may also require the establishment of a special service area to ensure maintenance of the common areas.
      7.   Maps and Illustrations.
         a.   Existing Site Conditions. A map is required that illustrates existing site conditions including topography, water-related features, vegetation, wetlands, ravines, floodplains, unique soils conditions, and other environmental data including a tree survey.
         b.   Surrounding Conditions. A map is required that illustrates the land use and environmental conditions of the surrounding neighborhood within a 500-foot radius around the subject site, particularly illustrating the adjacent lots showing their lot lines, structures, setbacks, and driveways, as well as nearby streets.
         c.   Cross Sections. A minimum of two cross sections are required through the entire site illustrating the bulk and heights of proposed structures in relation to the topography, vegetation, and surrounding structures.
         d.   Utility and Drainage Plan. A plan is required that illustrates existing and proposed utilities and drainage facilities. Stormwater detention and flood plain compensatory storage facilities must be included if required by Village ordinances.
         e.   Circulation Plan. A plan is required that illustrates the circulation of all vehicles, including emergency vehicles, internal to the site, consistent with approved engineering and design standards, that illustrates the relationship of the development's internal private streets to the street plan in the Comprehensive Plan.
         f.   Landscape, Free Preservation, and Grading Plan. A plan is required that illustrates the earth moving, if any, to be done on the site, together with a preliminary plan for the enhancement of the vegetation on the site, including a tree preservation plan.
         g.   Subdivision Sketch Plan. A sketch plan is required that illustrates the maximum number of lots and/or dwelling units that could be achieved through a conventional subdivision of the site including the location of public street(s) that would be required to provide access to such lots or dwelling units. The design and layout of all lots and streets in such subdivision sketch plan must comply with all standards and requirements found in this Chapter and the subdivision regulations. The purpose of said sketch plan is to assist in determining the maximum number of lots or dwelling units that may be located in the proposed planned unit development.
      8.   Other Information. The Zoning, Planning, and Appeals Commission may require other materials to be included in a preliminary development plan. These may include market studies, traffic studies, soil borings, applicable approvals from other agencies, and all other items that may be reasonably required.
   B.   Final Development Plan.
      1.   The final development plan must contain in final form all of the information required in the preliminary development plan together with revisions, if any, along with such other documents as may be necessary to implement the plan or to comply with all applicable requirements of this Chapter.
      2.   The final development plan must include the following:
         a.   Phasing Program. A document describing any proposed phasing program of the development for all structures, recreational and other common facilities, and open space improvements, including time schedule for commencement and completion dates of construction of each phase, intermediate phases cannot exceed overall project density and a pro rata allocation of common open space must be made as each phase is developed.
         b.   Common Open Space Agreement. A copy of the formal agreement with a public agency or private association for the ownership and maintenance of the common open space is required.
         c.   Plats for Recording. A copy of the subdivision plat, plat of dedication, or plat of vacation that is a necessary part of the planned unit development is required.
         d.   Covenants. Restrictive covenants, in a form acceptable to the Village Attorney, limiting development of and construction upon the tract as a whole to such development and construction as complies with the final development plan and the special use granted by the Village Board, which document must include, but is not limited to, provisions granting the Village a right to enforce same as well as its stormwater management regulations.
(Ord. 885, passed 11-21-2023)

SECTION 15.1206. PUD REVIEW STANDARDS.

   In addition to the standards applicable to special uses (Section 15.1105), as provided in Article XI herein, the Zoning, Planning, and Appeals Commission must also find:
   A.   The planned unit development conforms to the intent and specific proposals of the Comprehensive Plan.
   B.   The planned unit development is responsive to a demonstrated need within the community.
   C.   The uses permitted in the planned unit development must conform to those in the zoning district where the planned unit development is located and must be compatible with each other and with existing land use in the surrounding area. Uses are deemed compatible if they are so designed, located, and proposed to be operated so that the public health, safety, and welfare will be protected, and such uses will not cause appreciable injury or damage to other property in the area in which it is located.
   D.   The planned unit development includes a traffic plan that provides ingress and egress designed to minimize traffic congestion in the public streets outside the PUD and facilitate the free flow of traffic, both vehicular and pedestrian, within the PUD. The streets and other traffic thoroughfares, public or private, provided in such planned unit development must conform with the minimum requirements for streets and public ways of Village ordinances.
   E.   The landscape is preserved in its natural state, insofar as practicable, by minimizing tree and soil removal, and any grade changes must be in keeping with the general appearance of neighboring developed areas.
   F.   Proposed structures are related harmoniously to the terrain and to existing structures in the vicinity and have a visual relationship to the existing nearby structures. The achievement of such relationship may include the creative enclosure of space in conjunction with other existing buildings or other proposed buildings and the creation of focal points with respect to avenues of approach, terrain features or other buildings.
   G.   Exposed storage areas, trash, and garbage retainers, exposed machinery installations, service areas, truck loading areas, utility buildings and structures, and similar accessory areas and structures are accounted for in the design of the project and made as unobtrusive as possible. They may require additional setbacks, special planting, or other screening methods as reasonably required to prevent their being incongruous with the existing or contemplated environment and the surrounding properties.
   H.   The development provides reasonable visual and acoustical privacy for each building and dwelling unit. Fences, insulation, walks, barriers and landscaping must be used as appropriate, for the protection and aesthetic enhancement of property and the privacy of its occupants, screening of objectionable views or uses, and reduction of noise.
   I.   In conformance with the Lake County Watershed Development Ordinance, proper site surface drainage must be installed so that removal of surface waters will not adversely affect neighboring properties or the public storm drainage system. Surface water in all paved areas must be collected at intervals so that it will not obstruct the flow of vehicular or pedestrian traffic.
(Ord. 885, passed 11-21-2023)

SECTION 15.1207. PERMITTED MODIFICATIONS AND PUD SPECIFIC STANDARDS.

   A.   Permitted Modifications.
      1.   The off-street parking and loading, yard, setback (including scenic easements), lot size, lot shape, FAR, open space, maximum lot coverage, and site plan review regulations of the district in which the site is located may be modified in conjunction with a planned unit development, provided the Zoning, Planning, and Appeals Commission determines that the site plan complies with the spirit and intent of this Article.
      2.   In addition, the height and sign regulations of the O/R, TC, and H Districts may be modified in conjunction with a planned unit development, provided the Zoning, Planning, and Appeals Commission and/or Village Board determines that the site plan complies with the spirit and intent of this Article. Any such modifications must be explicitly indicated in the site plan or otherwise the normal district regulations control.
      3.   A permitted modification may only be granted if the applicant demonstrates a substantial public benefit to the Village. Design characteristics and amenities to be considered in this determination include, but are not limited to, the following:
         a.   Use of sustainable design and architecture, such as green roofs, white roofs and other energy efficient design concepts, new building technologies,, and approval of buildings as Leadership in Energy and Environmental Design (LEED) or LEED-equivalent structures.
         b.   Community amenities including plazas, formal gardens, places to congregate, outdoor seating, public art, and pedestrian and transit facilities.
         c.   Preservation of natural areas and site design that is sensitive to environmental features.
         d.   Additional public infrastructure improvements in addition to the minimum required by the planned unit development, such as new or repaved streets, provision of bicycle paths, installation of gutters and sewers, and traffic control devices to improve traffic flow.
   B.   Height in Planned Unit Developments.
      1.   The maximum height permitted in the planned unit development, exclusive of steeples, belfries, spires, chimneys, smokestacks, cooling towers, elevator bulkheads, parapet walls, and building equipment penthouses cannot exceed the maximum height permitted for the district where the PUD is located.
      2.   For buildings that do not exceed 30 feet in height, the minimum horizontal distance between buildings, including their appurtenances, of one story, two stories, three stories, or combinations thereof, must be a minimum of 15 feet.
      3.   For buildings of 30 feet or more in height, the space between buildings must be equal to the height of the tallest building from which the measurement is taken.
   C.   Required Yards in Planned Unit Developments.
      1.   The only required yards are adjacent to the periphery of the planned unit development and must be at least equal in width or depth to the greater of the required yard for the district where the planned unit development is located, the required yard for real property adjacent to the planned unit development or a distance not less than the height of the closest building to such lot line.
      2.   In the event the PUD is located adjacent to real estate owned by the Illinois Toll Highway Authority, the yard adjacent to such Toll Highway Authority real estate is 50 feet. No other yards are required.
   D.   Residential Density.
      1.   In the case of a residential development, residential density of the planned unit development cannot exceed in number of dwelling units the maximum number of lots that could be achieved through a conventional subdivision of the site as demonstrated by the subdivision sketch plan.
      2.   When the development is located in more than one zoning district, the number of allowable dwelling units must be separately calculated for each portion of the development that is in a separate zoning district. Thereafter the combined total of all dwelling units so calculated as allowable may be constructed and distributed within the entire planned unit development.
(Ord. 885, passed 11-21-2023)

SECTION 15.1208. PUBLIC IMPROVEMENTS AND GUARANTEES.

   A.   All public improvements and facilities to be provided under the provisions of the planned unit development must be located underground and completed for each phase prior to the issuance of occupancy permits within any such phase and in accordance with the phase plan submitted as part of the application.
   B.   The installation and completion of such improvements must be guaranteed by the deposit in escrow of the amount equal to 110% of the Village Engineer's estimate of the cost of improvements or subdivision bonds or letter of credit in the form and as approved by the Village Attorney.
   C.   At the time of completion and acceptance of the public improvement, in addition to guarantees for the installation of public facilities, the Village requires a deposit in cash or other suitable security of an amount equal to 15% of the estimated cost of such improvements.
   D.   This security will be held for the purpose of guaranteeing the satisfactory operation and maintenance of the public facilities constructed within the planned unit development for a period of 24 months following completion of construction of the entire public facilities by the developer and acceptance by the Village of said public facilities.
   E.   The security deposit herein required will be refunded at the expiration of said 24 month period if no defects have developed in the public improvements; provided, however, that the Village may utilize such deposit for the purpose of correcting defects during said period, in which case the Village is required to return only that portion of the guarantee remaining on deposit.
(Ord. 885, passed 11-21-2023)

SECTION 15.1209. REQUIRED COMMON OPEN SPACE.

   Each residential planned unit development must have a site plan that contains at least 20% usable common open space, unless modified by the Zoning, Planning, and Appeals Commission in accord with this Chapter.
   A.   Ineligible Area. Usable common open space does not include:
      1.   Areas reserved for the exclusive use or benefit of an individual occupant.
      2.   Dedicated streets and other public rights-of-way.
      3.   Vehicular drives, private streets, and parking, loading, and storage areas.
      4.   Strips of land less than ten feet wide.
      5.   Stormwater detention and retention areas and wetlands.
   B.   Access. Primary (abutting) access from such common open space to each building site is not required. However, convenient access through a permanent easement must be provided and perpetually guaranteed to all residents not granted primary access.
   C.   Recreational Facilities. The only recreational facilities permitted within any common open space tract are those which are graphically shown on the face of the site plan at the time of approval by the Village Board. However, the site plan may be amended through the procedures specified in this Article.
   D.   Character and Quality. No proposed area on a site plan may be accepted as usable common open space unless its character and quality have been approved by the Zoning, Planning, and Appeals Commission. When making its determination, the Zoning, Planning, and Appeals Commission must consider the following:
      1.   The size and character of the structures to be constructed within the planned unit development.
      2.   The character of surrounding development.
      3.   The topography and existing amenities of the proposed area, including trees, groundcover, and other natural features.
      4.   The manner in which the proposed area is to be improved and maintained for recreational or amenity purposes.
      5.   The existence of public parks or other public recreational facilities in the vicinity and the relationship thereto.
   E.   Ownership and Maintenance.
      1.   All land shown on the final site plan as common open space must be conveyed to a private association or similar organization formed by a condominium agreement, townhouse declaration, indenture, restrictive covenant, or other binding agreement acceptable to the Village Board.
      2.   The legal instrument(s) creating such association or organization must specify that the common open space and related authorized improvements will be maintained according to the criteria enumerated in this Article and must include a provision granting the Village a right to enforce the same.
(Ord. 885, passed 11-21-2023)

SECTION 15.1210. RECORDATION.

   A.   The specific ordinance granting a special use in the nature of a planned unit development must contain a legal description of the property subject to the planned unit development.
   B.   The ordinance must be recorded in the Office of the Recorder of Deeds of Lake County, Illinois, together with all such restrictive covenants as may be required by the Village Board.
   C.   Restrictive covenants must be in a form which will effectuate the development of the subject property in accordance with the planned unit development and provide for the maintenance and continued protection of all public open space and common open space and all privately owned common open space.
   D.   In addition to all other interested parties, the Village may require that said covenants must run to and be for the benefit of the Village and extend to the Village the right to enforce said covenants by any appropriate action in law or in equity.
(Ord. 885, passed 11-21-2023)

SECTION 15.1211. CONSTRUCTION TIMING.

   A.   Timeframe.
      1.   Except in cases involving a written agreement to the contrary, the construction of a planned unit development permit must commence within 12 months from the date of the passage of the authorizing special use permit ordinance by the Village Board and must proceed to completion in accordance with the phasing program, if any, contained therein.
      2.   Upon application by a permittee of a planned unit development, the Village Board may extend the time for the commencement of construction as follows:
         a.   If a delay, or anticipated delay, is caused by governmental action without fault on the part of the developer, an extension may be granted for a period not longer than the period of the governmental delay.
         b.   For good cause shown, an extension may be granted for a period of time as the Village Board deems appropriate but not exceeding 12 months exclusive of extensions authorized under item a above.
   B.   Establishment of Common Open Spaces and Facilities. The establishment of common open space and construction of public or common recreational facilities shown on the final development plan together with the construction of other non residential structures must proceed substantially in accordance with the phasing program approved as part of the final development plan.
      1.   Occupancy Permits. No occupancy permit for any structure in the development will be issued until a pro rata share of the common open spaces and facilities required in compliance with the phasing plan have also been placed in a condition suitable for use or occupancy.
      2.   Developer Responsibility. The developer must maintain control of all common open spaces and facilities, and be responsible for required maintenance, until the same are formally turned over to a public agency or private association. The Village Board may determine when the common open spaces and facilities must be formally turned over, based upon the status of the development, when this item is not adequately addressed in the phasing program.
   C.   Revocation of Permits.
      1.   The Village Board may at any time request written reports on the progress and development of the proposed planned unit development.
      2.   If the Village Board is satisfied that the permittee has abandoned the development of the proposed planned unit development, or failed to follow the final development plan, it may hold a public hearing for the purpose of considering the revocation of all permits issued and action taken.
      3.   Written notice of said hearing must be sent by certified mail (return receipt) to the permittee at the business address stated in the application for the planned unit development or such other address provided by the permittee in writing. Publication of said hearing must also be given in accordance with the provisions of this Chapter.
      4.   If the Board determines that there has been abandonment of the proposed planned unit development project or a failure to follow the final development plan, it may then revoke the planned unit development special use permit.
(Ord. 885, passed 11-21-2023)

SECTION 15.1212. AMENDMENTS TO APPROVED PUD.

   A.   Any substantial change in character of any existing planned unit development requires the adoption of an ordinance that makes such changes and modifications in said planned unit development as may be approved by the Village Board.
   B.   Substantial change is defined as a deviation from the approved planned unit development ordinance that:
      1.   Changes the general character of the planned unit development.
      2.   Changes the density in any residential planned unit development.
      3.   Causes a relocation of principal or accessory structures of more than five feet.
      4.   Causes a relocation of parking, loading or recreation areas by more than five feet or a reduction in parking.
      5.   Increases traffic or causes a relocation of traffic facilities or street pattern.
      6.   Increases by more than one percent (1%) the land coverage of structures and parking areas.
      7.   Increases the gross floor area of buildings or the number of dwelling units.
      8.   Changes the building materials or height of any principal building or accessory structure.
      9.   Reduces the amount of approved open space, landscaping or screening.
      10.   Does not comply with the requirements of the district within which the planned unit development is located.
      11.   Deviates from the conditions and restrictions of the special use/planned unit development ordinance.
      12.   Changes the installation or requires relocation of any public utilities.
   C.   The amendatory ordinance may be adopted only after a public hearing by and recommendation of the Zoning, Planning, and Appeals Commission in like manner as is required herein for the adoption of an original planned unit development ordinance.
   D.   The Village President may approve a change to the final development plan in the construction of the planned unit development that does not constitute a substantial change from the specific planned unit development ordinance. Before any changes are approved by the Village President become effective, however, the Village President must within seven days notify in writing the Village Board of such changes and the Village Board will, at their next regular meeting, ratify the action of the Village President or deny such changes until an amendatory ordinance has been adopted in accordance with the provisions of this section.
   E.   Nothing in this section may be construed to indicate that the Village Board must pass an amendatory ordinance to grant any changes requested.
(Ord. 885, passed 11-21-2023)