The purpose of planned unit development is to encourage the most orderly development of properties through advanced planning and thus to:

   (A)   Assure adequate standards for the development of residential neighborhoods.

   (B)   Establish a pattern of development to preserve natural vegetation, endangered species, topographic and geologic features.

   (C)   Provide regulations to encourage a variety of dwelling types.

   (D)   Assure adequate open space, recreation areas and public facilities.

   (E)   Protect residential areas from the intrusion of business, industrial and other land uses that may create an adverse effect upon the living environment.

   (F)   Promote the general welfare of the community. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

   (A)   A planned unit development (PUD) may be described as the subdivision, development and use of land, containing four (4) or more acres, developed as an integral unit and combining more than one primary land use, which may provide for single-family or multi-family residential, educational, business, commercial, industrial, recreational, park and common use areas. However, in the B-2 village center district, a planned unit development may be twenty thousand (20,000) square feet or more so long as it complies with the requirements of subsection 11-15-3(C) of this chapter and this chapter.

   (B)   The planned unit development may be exempt from the provisions of the subdivision regulations and this title to the extent specified in the final authorization of the planned unit development by the village board. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

No planned unit development shall be authorized unless the zoning board of appeals and village board shall find, in addition to those standards established herein for special uses, that the following standards are met:

   (A)   General Standards:

      1.   The uses permitted by such exceptions, as may be requested or recommended, are necessary or desirable and appropriate to the purpose of the development.

      2.   The uses permitted in such development are not of such a nature, or so located, as to exercise an undue detrimental influence or effect upon the surrounding neighborhood.

      3.   That any park areas established in the planned unit development conform to all requirements as set forth in this title.

      4.   That all minimum requirements pertaining to commercial, residential, institutional or other uses established in the planned unit development shall be subject to the requirements for each individual classification as established elsewhere in this title, except as may be specially varied in the ordinance granting and establishing a planned unit development.

      5.   When private streets and common driveways are made a part of the planned unit development, or private common open space or recreation facilities are provided, the applicant shall submit, as part of the application, the method and arrangement whereby these private facilities shall be guaranteed to be operated and maintained. Such arrangements for operating and maintaining private facilities shall be subject to the approval of the village board.

   (B)   Residential Planned Unit Development Standards:

      1.   Residential density for a planned unit development shall not be greater than the allowable density as provided in this title, nor shall any lot used for residential purposes be less in area or dimension than that required by the district regulations applicable to the district in which the planned unit development is located, except that the zoning board of appeals may recommend, and the village board may grant, a reduction in such lot and dimension, but not more than ten percent (10%) when the planned unit development provides common open space equal to not less than twenty percent (20%) of the gross area of the planned unit development.

      2.   Business uses may be included as part of a residential planned unit development when the zoning board of appeals and village board find that such business uses are beneficial to the overall planned unit development and will not be injurious to adjacent or neighboring properties. Such business uses shall not be greater in area than ten percent (10%) of the residential planned unit development.

      3.   The open areas provided in the part of the planned unit development containing only residential structures shall be preserved over the life of the planned unit development for use only by the residents of the planned unit development, and the developer shall permanently establish guarantees for the maintenance of such common areas.

      4.   For that part of a planned unit development devoted to residential uses, the zoning board of appeals may recommend, and the village board may approve, access to a dwelling by a driveway or pedestrian walk easement, and spacing between buildings of lesser widths or depths than required by district regulations for the district in which the planned unit development is located, provided:

         (a)   That adequate provisions are made, which perpetuate during the period of the special use, for access easements and off street parking spaces for use by the residents of the dwellings served.

         (b)   The spacing between buildings shall be approved by the zoning board of appeals and village board, and shall be consistent with the application of recognized site planning principles for securing a unified development and due consideration is given to the openness normally afforded by intervening streets and alleys.

         (c)   The yards for principal buildings along the peripheral of the development shall not be less in width or depth than required for permitted uses in the district regulations applicable to the district in which the planned unit development is located, and adequate screening and buffering, is provided with landscape protection to neighboring properties, as recommended by the zoning board of appeals and approved by the village board.

   (C)   B-2 Village Center Planned Unit Development:

      1.   B-2 village center district planned unit developments shall include clearly identifiable communitywide benefit improvements to the village. Benefits may include, but not be limited to:

         (a)   Provision of streetscape amenities such as street furniture and landscaping in addition to that required by this title.

         (b)   Creation of a community open space.

         (c)   Utilization of transit oriented development design principles.

         (d)   Expansion of village infrastructure that can serve other parts of the community.

      2.   A planned unit development in the B-2 village center district is permitted to exceed the height limits of the district up to seven (7) stories, subject to the approval of the village board and zoning board of appeals.

      3.   The village board may grant a density bonus for a planned unit development in the B-2 village center district. The total number of bonus units shall be determined on a case by case basis, based on the merits of the plan; however, the density bonus may not exceed more than twenty five percent (25%). The village board and zoning board of appeals shall grant the bonus based on its review of the proposed planned unit development, and finding that the proposed development offers a superior layout and quality design based on design and environmental amenities which are demonstrated to exceed established development standards.

      4.   If more intensive uses are permitted than are allowed by the district regulations, there must be clear evidence that such uses are desirable and are appropriate with respect to the primary purpose of the development. The uses permitted by such exception are not of such a nature, or so located, as to exercise a detrimental influence on the development nor on the surrounding neighborhood.

      5.   The amount of off street parking must be adequate to serve the needs of the project. If determined that the planned unit development warrants deviation from the parking requirements of this title, the village board and the zoning board of appeals may require more or less off street parking than is otherwise required.

      6.   Planned unit developments that front on any major collector or arterial roadway shall provide landscaped open space between each building and parking lot in accordance with the requirements of this title. Said landscaped area shall include combinations of trees, shrubs and seasonal plantings. The appropriate land area and exact plant material specifications shall be reviewed and approved by the village board and zoning board of appeals as part of the planned unit development review and approval process.

      7.   Business uses may be included as part of a village center planned unit development when the zoning board of appeals and village board find that such business uses are beneficial to the overall planned unit development and will not be injurious to adjacent or neighboring properties. Such business uses shall not be greater in area than twenty five percent (25%) of the village center planned unit development. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

In its establishment and authorization as a special use, in addition to the provisions in section 11-15-2 of this chapter and standards of section 11-15-3 of this chapter, the following procedures, requirements, restrictions and conditions shall be observed:

   (A)   Preapplication Conference Procedure:

      1.   Applicant shall request, by letter to the plan commission, a preapplication conference, at the expense of the applicant, for a preliminary discussion of the proposed planned unit development.

      2.   A preapplication conference shall be held with the plan commission and superintendent of buildings at a regular meeting open to the public.

      3.   At such conference, included on the agenda in advance of the meeting, the applicant shall provide information as to the location of the proposed planned unit development, the uses and approximate area of use for each use category, a list of any and all exceptions to the subdivision regulations and this title, and any other information necessary to clearly explain the planned unit development to the plan commission and superintendent of buildings.

      4.   The plan commission and superintendent of buildings shall review and consider the proposed plan as to its compatibility with the comprehensive plan, and the goals and objectives for planning of the village, and advise the applicant on the information, documents, exhibits, drawings and any limitations of the proposal that should be included in the application to the village for the special use permit for the planned unit development.

   (B)   Preliminary Plan Procedure:

      1.   The applicant shall request the special use permit, by letter addressed to the chairman of the zoning board of appeals (hereafter sometimes referred to as the "zoning officer"), to be placed on the agenda of the meeting of the zoning board of appeals for a preliminary discussion of the proposed planned unit development, and the zoning board of appeals shall consider the proposed planned unit development at such meeting, which may be continued from time to time.

      2.   The applicant shall present such exhibits and written information as may be necessary to fully acquaint the zoning board of appeals with the proposed planned unit development, which shall include, but not necessarily be limited to, the following:

The map(s), which shall be included as part of the application, shall be drawn at a scale of fifty feet to the inch (1" = 50') or one hundred feet to the inch (1" = 100'). The following information shall be shown:

         (a)   Boundary Survey: A boundary line survey of the subject site, which shall be prepared and certified by a registered Illinois land surveyor.

         (b)   Topography: The existing topographic character of the land with contours shown at intervals no greater than one foot (1'). Topographic data shall refer to the USGS North American datum - mean sea level elevation.

         (c)   Site Analysis: A detailed site analysis of the property in question, which shall show the following information:

            (1)   Physical Factors:

               A.   Existing land uses, both on the site and immediately adjacent.

               B.   Scenic views.

               C.   Wooded areas.

               D.   Soil problem areas based upon a soil survey of the site and a report from the soil and water conservation service. Additional soil information may be requested by the zoning board of appeals and/or the village engineer and the plan commission.

               E.   Portions of the site in any floodplain and/or floodplain fringe area.

               F.   Streams, drainage ditches, culverts and standing water.

               G.   Isolated preservable trees six inches (6") or more in diameter at one foot (1') above ground level.

               H.   General directions of the stormwater runoff across the property.

            (2)   Public Utilities Information: Public utilities information that shall show the location and size of any existing sanitary sewers, storm sewers, water lines, light poles, gas, and electric and telephone lines both on the site and in easements and rights of way immediately adjacent to the site.

            (3)   Other Information:

               A.   Existing county and/or municipal zoning on all parts of the site.

               B.   Municipal corporate boundaries across and adjacent to the site.

               C.   School district boundaries across and adjacent to the site.

               D.   Utility easements across and adjacent to the site.

         (d)   Land Use Plan: A proposed land use plan, which shall be drawn on a print of the topographic made for the site. The proposed land use plan shall contain the following information:

            (1)   Identification And Description:

               A.   Name of the planned unit development.

               B.   Legal description of the subject site including section, town and range.

               C.   Name, address and phone number of the property owner, trust beneficiary and developer.

               D.   Scale, north point and date.

               E.   Permanent index number(s) of all parcels on the subject site.

            (2)   Design Feature Information:

               A.   Right of way alignments, widths and names of all streets. Such street names shall not duplicate the name of any street heretofore used in the village or its environs unless such street is an extension of, or is in line with, an already named street, in which event that name shall be used.

               B.   The location of all multi-family or single- family attached and/or detached buildings and structures.

               C.   Off street parking and service areas.

               D.   All areas to be dedicated as common open space and all sites to be conveyed, dedicated or reserved for parks, playgrounds, school sites, public buildings, and similar public and quasi-public uses.

               E.   The pedestrian and bicycle circulation system.

         (e)   Utility Plan: A proposed utility plan shall be drawn on a print of the proposed land use plan. The proposed utility plan shall show the approximate location and dimensions of all sanitary sewer, storm sewer and water lines for all proposed land uses, drainage ditches, culverts and water retention areas, as well as any utility easements.

            (1)   The utility plan shall be accompanied by a statement from the sanitary district attesting to the capability of existing sewer systems to service the proposed development.

            (2)   The written statement, which shall be included as part of the application for approval of the preliminary plan, shall contain the following information:

               A.   A statistical tabulation of the acreage amounts of all of the land uses proposed in the preliminary plan.

               B.   The type and number of dwelling units for any proposed residential land uses.

               C.   The stages in which the project will be built and the approximate dates when construction of each stage can be expected to begin and to end.

         (f)   Other Information: Other information may be requested if the zoning board of appeals finds that the planned unit development may create special problems for traffic, parking, landscaping and/or economic feasibility. Such information may include, but is not limited to, any of the following:

            (1)   An off street parking and loading plan.

            (2)   A traffic study indicating the volume of traffic to be generated by the planned unit development during both the morning and afternoon peak hours and during a typical day, and proposing any special engineering design features and/or traffic regulation devices needed to ensure the proper safety of traffic circulation to, through and around the planned unit development.

            (3)   A tax and school impact study detailing the impact the planned unit development will have upon all taxing bodies. In addition, the expected number of students to be generated by any residential portion shall also be quantified. Such study shall include an estimate of the costs attributable to the proposed development, as well as the benefits to be received.

            (4)   A landscaping planting plan indicating the size, height, location, quantities and variety of plant material to be planted. Also, an estimate as to when said landscape plan shall be implemented.

      3.   The procedure for approval of the preliminary plan shall be:

         (a)   The zoning officer shall refer the preliminary plan to the zoning board of appeals. The zoning officer shall instruct the appropriate village departments and consultants to collaborate with the zoning board of appeals in reviewing the preliminary plan for the planned unit development to determine its compliance with these regulations and other village ordinances. Such collaboration may include meetings at which the developer shall meet with village officials and consultants, allowing the zoning board of appeals to gain the informal recommendations of the experts prior to the public hearing.

         (b)   The zoning officer shall notify the applicant as to the time and place of the public hearing at which the applicant shall present the preliminary plan. The zoning officer shall cause notice of such public hearing to be published in a manner approved by the zoning board of appeals for all special use permits, as required by statute. The costs of such notice(s) shall be borne by the applicant.

         (c)   The zoning board of appeals, plan commission and the village board may utilize the services of the professional consultants hired by the village in arriving at recommendations or decisions. The applicant shall pay the village the reasonable cost incurred for the services rendered by its consultants within ten (10) days after the submission of the bill from the village to him/her. The consultants shall bill for their services at the same hourly rate which they normally charge municipal clients. The consultants shall include, but shall not be limited to, the persons who provide the village with advice in the fields of engineering, law, planning, zoning, traffic, design and finance.

         (d)   The zoning board of appeals shall proceed as quickly as possible in its review of the preliminary plan. No more than thirty (30) days after the final adjournment of the public hearing, the zoning board of appeals shall:

            (1)   Approve or disapprove the preliminary plan and shall submit its written recommendations, which may include the recommendations of the village engineer, plan commission, superintendent of buildings and/or village attorney, to the village board, with a copy being sent to the applicant, or

            (2)   Advise the applicant in writing if the zoning board of appeals finds that changes, additions or corrections are required in the preliminary plan. The applicant shall resubmit fifteen (15) copies of the revised preliminary plan for consideration of the zoning board of appeals at a continuation of, or at a new, public hearing. The applicant shall do so without paying an additional filing fee. The zoning board of appeals shall submit its recommendations in writing to the village board, which may also include the recommendations of the village engineer, plan commission, superintendent of buildings and village attorney, with a copy also being sent to the applicant.

         (e)   The village board shall accept or reject the preliminary plan within forty five (45) days after its next regular meeting following the receipt of the written recommendations of the zoning board of appeals. The applicant and the village board may mutually agree to extend the forty five (45) day period.

            (1)   If the preliminary plan is disapproved, the village board may, but is not required to, state in writing the reasons for the disapproval and such writing shall be filed with the village clerk and a copy shall be sent to the applicant.

            (2)   If the preliminary plan is approved, the village board shall authorize the applicant to submit a final development plan for the planned unit development.

   (C)   Final Development Plan Procedure: Within one year following the approval of the preliminary plan the applicant shall file with the zoning board of appeals a final development plan containing, in final form, the information required in the preliminary plan. The final development plan shall also include the following:

      1.   A final land use plan, suitable for recording with the county recorder of deeds. The purpose of the final development plan is to designate the land subdivided into lots as well as the division of other lands not so treated, designate lands in 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.

      2.   An accurate legal description of the entire area under immediate development within the planned unit development.

      3.   If subdivided lands are included in the planned unit development, a subdivision plat of all subdivided lands in the same form and meeting all requirements of the Illinois plat act, as amended from time to time, and subdivision regulations for a normal subdivision plat, to the extent that compliance with subdivision regulations of the village shall be required.

      4.   An accurate legal description of each separate unsubdivided use area, including common open space.

      5.   Designation of location of all buildings to be constructed, and a designation of uses for which each building is designed.

      6.   Certificates, sales and signatures required for the dedication of land and recording the document.

      7.   Tabulations of each separate unsubdivided area, including land area and number of dwelling units per gross acre.

      8.   Landscape plan.

      9.   Utilities, including light pole locations and drainage plans.

      10.   Final agreements, bylaws, provisions and covenants which govern the use, maintenance and continued protection of the planned unit development, and any of its common open areas or other common facilities.

      11.   Final development and construction schedule.

      12.   Final architectural plans.

      13.   Final engineering drawings.

   (D)   Final Development Plan Approval:

      1.   The final development plan shall be approved as follows:

         (a)   The zoning board of appeals shall review the final development plan within thirty five (35) days of its submission in full to the village and shall recommend approval if it is in substantial compliance with the preliminary development plan. The zoning board of appeals shall certify to the village board that the final development plan is in conformance with the previously filed preliminary development plan.

         (b)   If the final plan is substantially changed from the approved preliminary plan, the zoning board of appeals shall recommend to the village board that a new public hearing be held in conformance with the procedures for approval of a preliminary plan.

         (c)   After receipt of the recommendation of the zoning board of appeals, the village board shall review the final development plan and shall, if it is in conformity with the preliminary development plan, authorize the special use. If the final development plan is held not to be in conformity with the preliminary development plan, the village board shall inform the applicant with regard to specific areas found not to be in compliance.

      2.   After the approval of the final development plan, the use of the land and the construction, modification or alteration of any buildings or structures within the planned unit development will be governed by the approved final development plan rather than by any other provisions of this title. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

No changes may be made in the approved final development plan, except upon application to the village, according to the following provisions:

   (A)   During the construction of the planned unit development, the procedure shall be as follows:

      1.   Minor changes in the location, siting and height of buildings and structures, in the location of streets and public accessways, and in the size and location of open space, may be authorized by the village board as required by engineering or other circumstances not foreseen at that time that the final development plan was approved.

      2.   All changes in land uses, any rearrangement of lots, blocks and building tracts, any major changes in the provisions for common open space and all other changes in the approved final development plan must be made by the village board under the procedures authorized by this title for an amendment to this title.

      3.   Any changes which are approved for the final development plan must be recorded as amendments to the recorded copy of the final plat. If changes are allowed in a final site plan, then a new site plan reflecting such changes shall be filed with the village with the date of the changes.

   (B)   After the completion of the construction of the planned unit development, the procedure shall be as follows:

      1.   Any minor extension, alterations or modifications of existing buildings or structures may be authorized by the zoning board of appeals, if they are consistent with the purpose and intent of the final plat.

      2.   Any building or structure that is totally or substantially destroyed may be reconstructed only in compliance with the final plat, unless an amendment to the final plat is approved following the procedures for an amendment to this title.

      3.   All other changes in the final development plan must be made by the village board, under the procedure authorized by this title for an amendment of this title. No changes may be made in the final plat unless they are required for the continued successful functioning of the planned unit development, or unless they are required by changes in conditions that have occurred since the final development plan was approved or by changes in the development policy of the village. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

The developer shall construct and install the required improvements, and must post with the village a bond as required by the subdivision regulations. At the appropriate time, a maintenance bond must be posted with the village as set out in the subdivision regulations. If the planned unit development is to be constructed and developed in stages or phases, the bond posted shall be in an amount based upon the confirmed estimated cost of installation of improvements in the respective stage or phase as approved by the village engineer. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

Street classifications, definitions and specifications, shall be in accord with the regulations pertaining to the same as established in the subdivision regulations, as may be amended from time to time. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

Prior to granting any special uses, the zoning board of appeals may recommend, and the village board shall stipulate, such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use as deemed necessary for the protection and requirements specified herein, or as may be granted from time to time. In all cases in which special uses are granted, the village board shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being, and will be, complied with. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

After a public hearing has been held, no substantially similar application for a special use which has been denied wholly or in part by the village board shall be resubmitted for a period of one year from the date of said order of denial, except on the grounds of substantial new evidence or proof of changed conditions found to be valid by the zoning board of appeals and the village board. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

If construction work on the proposed planned unit development has not begun within eighteen (18) months from the date of the authorization order of the village board, the authorization shall become null and void and all rights thereunder shall lapse. However, the applicant can request an extension, upon his/her written application, filed prior to the termination of the eighteen (18) month time limit. The village board may authorize a single extension of not more than twelve (12) months without a public notice. (Ord. 1650, 10-10-2007, eff. 10-15-2007)