This chapter is intended to provide the means and the guidelines through which tracts of land may be developed through an overall approach, rather than the traditional lot by lot treatment afforded by other districts in this title. It is intended to provide a maximum of design freedom by permitting the developer an opportunity to more fully utilize the physical characteristics of the site through the reduction of lot sizes, yard, height and bulk restrictions and the planned mixing of uses. Through the requirements of a development plan, it is the intent that property under this chapter will be developed through a unified design providing continuity between the various elements and ultimately leading to a better environment. Increased residential densities may be permitted under this chapter if such increases can be substantiated on the basis that the superior design makes greater densities possible with no reduction of amenities. This chapter is not intended as a panacea, and should not be utilized as a device for making increased densities more palatable, or as a means of circumventing the city's development regulations. This chapter should only be employed in instances where there is truly some benefit for the community to be derived from its use. (Ord. 621, 12-18-2006)

In addition to the general purpose of this chapter, the purpose of this section is to establish standards and procedures for planned unit developments, in order that the following objectives may be obtained:

   (A)   Variety and flexibility in land development that is necessary to meet with the best interests of the entire city.

   (B)   The allocation, maintenance, and permanent preservation of common open space, recreation areas and facilities; to offer recreational opportunities close to home, to enhance the appearance of neighborhoods by the conservation of natural resources.

   (C)   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, as well as the subdivision regulations.

   (D)   A pattern of development to preserve natural vegetation, topographic and geologic features, air and water quality, and other natural resources and amenities.

   (E)   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.

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

   (G)   Land use which promotes the public health, safety, comfort and welfare.

   (H)   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 space ancillary to said buildings. (Ord. 621, 12-18-2006)

   (A)   Confer With Planning Commission: A planned development shall be granted as a special use permit, in accordance with standards and procedures of the Momence zoning ordinance, and may depart from the normal procedures and requirements of this chapter and the subdivision regulations. Applications shall be accompanied by the required plats, documents, and other data. Before submitting an application for a planned unit development, an applicant may confer with the planning commission to obtain information and guidance, before entering into binding commitments or incurring substantial materials; provided, however, that no such preapplication conference shall result in any binding commitments on behalf of the applicant or the city.

   (B)   Preapplication Conference: The following procedures shall be required for all planned developments:

      1.   Planning Commission: Prior to filing a formal application for approval of a planned development, the applicant shall request a preapplication conference with the planning commission. The request for a preapplication conference shall be submitted to the director of planning and code enforcement.

      2.   Purpose: The purpose of the preapplication conference and the presentation is to make advice and assistance available to the applicant before presentation of the sketch development plan, so that the applicant may determine:

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

         (b)   Whether any zoning amendment or variance is required in connection with the proposed development;

         (c)   Whether the proposed planned development will be in conformity with land use policies and objectives of the city. (Ord. 621, 12-18-2006)

   (A)   Intent: This section is intended to provide a process through which the plan commission may determine if the proposed development is of adequate merit, and thereby complies with the purpose of this chapter. Developments of twenty (20) acres or less shall submit both sketch and preliminary development plans prior to a public hearing. Developments in excess of twenty (20) acres shall submit preliminary and final sketch plans separately over the prescribed period of time, unless the city waives this procedure by official resolution of the city council.

   (B)   Requirements: Application for a planned development shall be executed by, or on behalf of, the landowner, and filed in triplicate, accompanied by ten (10) copies of a sketch development plan. A filing fee in accordance with the fee ordinance to cover all professional services shall be submitted to the city clerk along with the following information:

      1.   Ownership: 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.

      2.   Minimum Size: The site of the planned unit development shall be determined on a case by case basis by recommendation of the planning commission and approval of the city council during the sketch development plan phase of the approval process. The developer/property owner shall provide sufficient evidence to show the size of the property is sufficient for the proposed use(s) and type of development.

      3.   Uses: 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 development shall be of 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.

      4.   Notice Of Hearing: Names and addresses of the persons to whom notices of hearing hereunder may be sent including the subdivider, the designer of the subdivision, and the owners of the land immediately adjoining the land to be platted.

      5.   Land Use Plan: A land use plan for the entire planned development, which shows the boundaries of the proposed development, sets forth the present plans of the developer of the planned development of the area into the types of land uses and the location of such land uses. Any residential use area shown on the plan shall also show the proposed number of dwelling units and densities by type of residential unit proposed to be constructed, within each phase of the planned development. Conceptual sketches shall be provided, demonstrating the land planning concept for each proposed residential type of housing unit. Similar, but more specific information should be provided for the area of the plan intended for initial development.

      6.   Legal Description: A legal description of the property proposed to be included in the total planned development.

      7.   General Character: A written explanation of the general character of the proposed development including:

         (a)   The description and quantity of all land uses to be included in the development, with maximum and minimum percentage limitations for each use as well as the proposed number of acres to be devoted to recreational areas, schools, and municipal purposes;

         (b)   The projected type, location and number of dwelling units and densities to be constructed in each phase of the total development;

         (c)   A description of each type of residential, commercial or industrial unit proposed to be constructed (i.e., single-family, commercial, industrial, etc.);

         (d)   The estimated population broken down by housing type, location, and school age children as may be anticipated upon completion of the development.

      8.   General Description: A preliminary engineering study providing a general description of existing sanitary and storm facilities and service water facilities, on and adjacent to the proposed development and the proposed improvements necessary to handle properly the sanitary and storm water and service needs upon development and any additional information as may be requested by the city engineer.

      9.   Traffic Study: A traffic study prepared by a qualified expert, providing a general description of existing roads on and adjacent to the proposed development, and the proposed road improvements necessary to handle properly the traffic anticipated to be generated upon development. A circulation diagram indicating the proposed movement of vehicles, goods and pedestrians within the planned development, and to and from existing thoroughfares. Any special engineering features and traffic regulation devices needed to facilitate or ensure the safety of this circulation pattern must be shown.

      10.   Construction Schedule: A proposed construction schedule showing the anticipated number of dwelling units or other structures to be constructed during anticipated term of development, and showing the anticipated amount of square feet of commercial property (if any) to be constructed and ready for occupancy during the anticipated term of the development:

         (a)   The approximate date on which construction of the project can be expected to begin;

         (b)   The stages in which the project will be built and the approximate date when the construction of each stage can be expected to begin;

         (c)   The anticipated rate of development;

         (d)   The approximate dates when the development of each of the stages in the development will be completed;

         (e)   The area and location of recreational space and common open space that will be provided at each stage.

      11.   Modification, Exceptions And Variances: A description of the modifications, exceptions, and variances from this chapter and the city's subdivision regulations which are being requested as part of the application for establishment of the planned development.

      12.   Front Elevation: Architect's rendering of front elevation of primary and accessory buildings. Such renderings should be sufficient to permit an understanding of the proposed character of development.

      13.   Feasibility: Adequate evidence, in the form of a market research report or other appropriate evidence to establish the need for the feasibility of the proposed development.

      14.   Resources: A preliminary statement identifying existing natural and environmental resources, including a policy statement by the applicant expressing basic plans and procedures, which will be utilized to ensure protection of the total physical setting of the development and related environs. The statement should identify and locate on one or more exhibits, the following environmental factors:

         (a)   Soils Analysis: A soils analysis shall be prepared along with recommendations from the Kankakee County soil and water conservation district. The analysis must include soil types, code numbers, and limitation for: urbanized areas, conservation and agricultural productivity, soil wetness and erosion potential.

         (b)   Scenic View: Scenic view and vistas.

         (c)   Surface Hydrology: Surface hydrology identifying existing surface drainage patterns, topography, major and minor watersheds and limits of flood of record with elevations as set forth in the hydrological investigations as last published by the U.S. geological survey, and also the identification of the projected 100-year flood.

         (d)   Geology: Geology identifying surface geological deposits and a statement of their characteristics and limitations prepared pursuant to the recommendations and published data of the Illinois geological survey and of any other mapping data and analysis of subsurface conditions on the subject property if required by the city engineer.

         (e)   Coverage And Vegetation: Natural coverage and vegetation showing marshes, bogs, wooded areas, isolated preservable trees, natural prairie, rock outcroppings, existing pastureland, cropland, orchards, other agricultural uses, areas of sand, gravel, or peat extractions, and any unique natural or ecologically sensitive area.

         (f)   Existing Development: Existing development illustrating the generalized pattern of land use, major highways, collector streets, minor streets, sidewalks and railroads, sanitary sewer, storm sewers and drainage improvements, water main and associated utility improvements and designated landmarks, historical areas and buildings.

         (g)   Current Ground Elevations: Current ground elevations on the tract contours at two foot (2') intervals and spot elevations at all peaks in grade, along drainage channels or swales, and at selected points not more than one hundred feet (100') in all directions.

      15.   Land Use: A written statement signed by the applicant outlining and describing in detail as the planning commission deems appropriate, the arrangement by which the applicant proposes to regulate land use and otherwise ensure development of the proposed planned development, in accordance with the approval of the planning commission and city council. Such statement may, but need not, include a draft of proposed covenants intended to be included and to be filed in the office of the recorder of deeds of Kankakee County prior to disposition of any land in the planned development (which covenants may include adequate provisions to assure proper maintenance and repair of all areas and facilities under common ownership, including payment thereof, and enforceability thereof by, or on behalf of, the city), proposed character and bylaws of an association, if any, for homeowners, merchants, or industrial owners within the proposed planned developments.

      16.   Statement Of Ownership: A statement of the present ownership of all the land within the planned unit development.

   (C)   Public Hearing: The planning commission shall hold a public hearing on the application for a planned development and sketch plan (and preliminary plans if the development is 20 acres or less), giving notice of the time and place not more than thirty (30) nor less than fifteen (15) days before the date of the hearing by publishing a notice thereof at least once in the local newspaper.

   (D)   Planning Commission Action: Within forty five (45) days after the close of the public hearing, the planning commission shall provide a written communication to the city council recommending approval, modification, or disapproval of the sketch and/or preliminary plan of the planned development and the reasons thereof:

      1.   In what respects the proposed plan is, or is not, consistent with the stated purpose of the planned development regulations.

      2.   The extent to which the proposed plan meets the requirements and standards of the planned 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 and recreational space in the planned development, the reliability of the proposals for maintenance and conservation of the common open space and recreational 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 manner in which said plan does or does not make adequate provision for public services, provide adequate control over vehicle 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 the physical development, tax base and economic well being of the entire community.

      8.   The conformity with the recommendations of the comprehensive plan of the city.

      9.   In 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 residents of the planned development in the integrity of the plan.

   (E)   Action By The City Council: The city council, after receipt of the sketch development plan of the planned development, shall approve, modify or disapprove such sketch development plan and/or preliminary plan. The city council may require such special conditions in the approval of the sketch development plan as it may deem necessary to ensure conformity with the intent of all comprehensive plan elements and the stated purpose of the planned development.

      1.   Upon approval by the city council of the sketch development plan by resolution, a record shall be prepared including findings of fact and setting forth the terms of relief and/or variances granted from existing ordinances in general, and specifically from the subdivision regulations. No building permit shall be issued for any structure until a final planned development plan has been filed and approved.

      2.   Approval of a sketch development plan shall not constitute approval of the final plan; rather, it shall be deemed an expression of the layout submitted on the sketch plan, as a guide to the preparation of the preliminary or final plans. Preliminary and final plan or plans for a portion of the planned development or the entire planned development, shall be submitted by the developer, not later than one year (or such additional time, as may be authorized by resolution of the city council), after approval of the sketch plan, for approval by the corporate authorities of the city and subsequent recording upon the fulfillment of the requirements of these regulations and conditions, if any, of the sketch approval. The final plan shall be approved as the final land use and zoning plan, if it conforms substantially with the sketch and preliminary plans. Upon approval of the city council, preliminary and final plans may be filed and approved simultaneously if all requirements hereof are met.

      3.   The city council shall notify the planning commission and applicant of its action. (Ord. 621, 12-18-2006)

   (A)   Purpose And Intent: The purpose of the preliminary plan is to provide a transitional phase between sketch and final plan approval and a logical sequence of events.

It is intended to permit the applicant the opportunity to provide specific information pertaining to that portion of the planned development, which is the subject of the preliminary plan.

   (B)   Requirements:

      1.   Application for preliminary plan approval of a planned development shall be filed with the director of planning and code enforcement in triplicate, accompanied by ten (10) copies of a preliminary development plan.

      2.   Preliminary plans for all or specified development phases of the planned development shall be submitted for approval. There shall be no minimum acreage requirement with respect to preliminary plans. In considering the approval of a preliminary plan, no further public hearing shall be required to approve changes from the sketch development which are not "major changes" as defined in subsection 9-15-8(B) of this chapter.

      3.   The following information shall be required for all preliminary plans:

         (a)   Legal Description: A boundary survey and legal description of the area covered by such preliminary plan, prepared and certified by a registered Illinois surveyor, including the total acreage therein certified to the nearest one-hundredth (1/100) of an acre, a north point (designated as true north) and the date of the preparation.

         (b)   Topographic Survey: A topographic survey of the area covered by such preliminary plan at two foot (2') contour intervals as such as exists at that time.

         (c)   Map: A map showing the existing zoning and land use of the property covered by the preliminary plan and the area within five hundred feet (500') thereof, as well as of the boundaries of the total planned development.

         (d)   Drawing: A detailed drawing of the area covered by such plan prepared at a scale of not less than one inch to two hundred feet (1" = 200') and shall show such designations as proposed streets (public and private) for the area covered by such preliminary plan and the area within five hundred feet (500') thereof, all buildings, their height and use, common open space, recreational areas and facilities, parking areas, sidewalks, service areas, and other facilities related to the proposed development. The submission may be composed of one or more sheets and drawings and shall include:

            (1) Public Roads: Existing and proposed public roads including classifications, width of rights of way, width of pavement, and construction details.

            (2) Easements: Existing easements and proposed easements to be granted in lieu of rights of way.

            (3) Density: Provide information on the density of residential uses, including dwelling units per acre, the number of dwelling units by type and the number of buildings by type.

         (e)   Public Utilities Plan: A schematic public utilities plan of existing and proposed utilities drawn at a scale of not less than one inch to two hundred feet (1" = 200') for the area covered by such preliminary plan and the area within three hundred feet (300') thereof indicating the following, and any additional documentation:

            (1) Schematic sanitary and storm sewer systems.

            (2) Schematic water supply systems.

            (3) Schematic street lighting and public area lighting systems.

            (4) A landscape plan.

         (f)   Time Schedule: A time schedule of the proposed development of the area covered by such preliminary plan.

         (g)   Character: Explanation of the character of the area covered by the preliminary plan and the reasons why it has been planned to take advantage of the flexibility of these regulations.

         (h)   Covenants: Proposed agreements, provisions, or covenants which will govern the use, maintenance, and continued protection of the planned development and any of its common open space, and recreational areas and facilities, in the area covered by the preliminary plan.

         (i)   Nonresidential Use: Provide information on the type and amount of ancillary and nonresidential uses in a residential development, including the amount of common open space, and recreational areas and facilities.

         (j)   Subsurface Conditions: Subsurface conditions on the tract (if required by the city engineer); location and results of tests made to ascertain subsurface soil, rock, and ground water conditions; depth to ground water, unless test pits are dry at a depth of five feet (5').

         (k)   Title And Certificates: Present tract designation according to official records in the office of the recorder of deeds; title under which the proposed development is to be recorded, with names and addresses of owners; and notation stating acreage.

         (l)   Open Space And Recreation Areas And Facilities: All parcels of land intended to be dedicated for public use or reserved for the use of all property owners with the purpose indicated, and the improvements which will be made to each area and facility.

         (m)   Architectural Renderings: Architectural renderings of the proposed structures within only the area which is the subject of the preliminary plan.

   (C)   Time Limitations For Submission Of Preliminary Plans: The first preliminary plan of the proposed planned development shall be submitted for approval within six (6) months after adoption by the city council of the sketch development plan, provided, that upon request in writing of the developer, the city council may, by resolution duly adopted at any meeting of the city council, extend the period of time for the submission of a first preliminary plan. If the first preliminary plan shall cover less than all of the planned development, preliminary plans for additional areas of the planned development may be submitted to the city council within such period of time as shall have been prescribed in the approval of the application for establishment of the planned development; provided, further, that upon request in writing of the developer, the city council may extend the period of time for submission of preliminary plans covering all of the planned development.

   (D)   Status Of Approved Preliminary Plan: Approval of a preliminary plan shall not constitute approval of the final plan nor qualify a plat of the planned development for recording, rather it shall be deemed an expression of approval of the preliminary plan as a guide to preparation of 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 city pending an application for final approval without the consent of the landowners, provided that application for final approval is filed within the time or times specified in the resolution granting preliminary approval and thereafter, but prior to final approval, the landowner shall choose to abandon such plan and shall so notify the planning commission in writing, or shall fail 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 has been given by the city council.

   (E)   Submission Of Updated Land Use Plans:

      1.   Submission With Preliminary Plans: At any time and from time to time when a preliminary plan for a portion of the planned development is submitted for approval, it shall be an obligation of the developer of such portion to cause the developer of the planned development to prepare and submit to the city with such preliminary plan, an updated land use plan for those areas in the planned development for which preliminary plans shall not then have been submitted for approval.

      2.   Annual Submissions: When no updated land use plan of the planned development shall have been prepared for one year, the developer of the planned development shall, unless the city waives such obligation, prepare and submit to the city a land use plan for those areas in the planned development for which preliminary plans shall not then have been submitted for approval. (Ord. 621, 12-18-2006)

   (A)   Purpose: The purpose of the final development plan 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 of the land in general.

   (B)   Requirements: The final plan of the planned development shall conform substantially to the preliminary plan as approved, and if desired by the developer, it may be submitted in stages with each stage reflecting a portion of the approved preliminary plan which is proposed to be recorded and developed; provided however, that such portion conforms to all requirements of these regulations. The required procedure for approval of the final plan of a planned development shall require the following:

      1.   Application: Application for final plan approval shall be filed with the director of planning and code enforcement in triplicate, accompanied by ten (10) copies of a preliminary development plan. The final plan and supporting data shall be filed with the city clerk and forwarded to the planning commission for certification that the final plan is in conformity with these regulations and in agreement with the approved preliminary and sketch plans.

      2.   Final Plan Submission: Final plans for all or specified development phases of the planned development shall be submitted for approval. There shall be no minimum acreage requirement with respect to final plans. Approval of final plans may not be withheld for reasons that would be inconsistent with the approved sketch development plan. In considering the approval of the final plan, no further public hearings shall be required to approve changes from sketch and preliminary development plans which are not "major changes" as defined in subsection 9-15-8(B) of this chapter.

      3.   Final Plan Approval: Within twelve (12) months after approval of the sketch development plan, the applicant shall submit a final plan for approval to the planning commission.

      4.   Subdivision Plan: If the planned development constitutes a subdivision, a final subdivision plan shall be submitted. Any such final subdivision plan shall set forth on the face thereof suitable dedications of permanent open space and recreational space to be owned in common easements, rights of way, and all other criteria in form and substance conforming to the requirements of the city's subdivision regulations, as the same may be amended and in force from time to time.

      5.   Final Version: The final version of the site plan of the planned development shall be filed indicating the locations of all buildings, all parking and loading spaces, and any other special structure, facility, or feature approved or required by the city council.

      6.   Covenants: The final version of the covenants, if any, by which the applicant proposes to regulate land use and otherwise protect the proposed development, accompanied by the written representation and warranty of the applicant, in form and substance satisfactory to the city attorney to the effect that the owner of the real property which is the subject of the proposed planned development has not sold or otherwise disposed of any interest in said property and will not sell, or otherwise dispose of any such interest, prior to the filing for record of said covenants in the office of the recorder of deeds of Kankakee County, Illinois.

      7.   Deeds Or Easement Agreement: Such deeds or easement agreement, if any, as are required or approved by the city council, shall be filed in form and substance approved by the city attorney, conveying a suitable ownership interest in the parcels within the proposed planned development which are to be subject to public or common ownership.

      8.   Articles Of Incorporation: Filing a copy of the articles of incorporation of the homeowners', merchants', or industrial owners' association, if any, required or approved by the city council, certified by the secretary of state of Illinois, not more than thirty (30) days prior to the filing of the final plan; a certificate of good standing for such corporation certified by the secretary as being a true, correct, and complete copy of such bylaws, as of the date not more than thirty (30) days prior to the filing of such final plan.

      9.   Planning Commission Approval: After review of the final plan and supporting data, the planning commission shall approve the plan within sixty (60) days after filing by the developer. Disapproval of the final plan of the planned development shall include a clear statement of the reasons thereof.

      10.   City Council Approval: Approval by the city council of the final plan for any proposed planned development shall be effective only for a period of sixty (60) days after the date of such approval, unless within such sixty (60) day period the applicant shall record or cause the recordation of the final plan including any final subdivision plan, the final restrictive covenants, and the deeds and/or easement agreement required or approved by the city council in the office of the recorder of deeds of Kankakee County, Illinois.

      11.   Drawings And Specifications: Engineering drawings and specifications for:

         (a)   Sanitary and storm sewer systems.

         (b)   Water supply systems.

         (c)   Street lighting and public area lighting systems.

         (d)   Sidewalks, trails, and paths.

Such engineering drawings and any other drawings required by any other ordinance of the city shall be prepared in such detail as may be required by the city engineer.

      12.   Cost Estimate: Estimate of the cost of installation of all proposed public improvement confirmed by a registered Illinois engineer.

      13.   Impact Report: A plan or report shall be prepared by the developer and shall evaluate in general terms the impact of the proposed development on the natural environment. The report shall identify:

         (a)   The final version of the developer's policy toward maintaining the natural environment.

         (b)   An analysis of the existing environment prior to the proposed action. Consideration should be given to the following factors:

            (1) Unique physical features of the land such as soil stability, erosion, and ground contours.

            (2) Scenic views.

            (3) Drainage, runoff surface water, ground water and floodplains.

            (4) Air quality.

            (5) Areas underlain by sand and gravel aquifers.

            (6) Vegetation.

            (7) Wildlife.

         (c)   A general listing of the effects on the environment which would be caused by the proposed development, and the actions which the developer proposes to undertake to resolve any adverse conditions resulting from development of the land.

      14.   Final Renderings: Final architectural renderings and facades of all proposed primary structures.

      15.   Delinquent Taxes: A certificate shall be furnished from the county collector that he finds no delinquent taxes and that all special assessments constituting a lien on the whole or any part of the property of the planned development have been paid.

   (C)   Time Limitations For Submission Of Final Plans: Final plans for all of the area covered by the first preliminary plan shall be submitted to the city council for approval within one year after approval of the sketch development plan by the city council, provided, that upon request in writing of the developer, the city council may, by resolution duly adopted at any meeting of the city council, extend the period of time for the submission of such final plans. Final plans covering all of the planned development shall be submitted to the city council for approval within such period of time as shall have been prescribed in the approval of the application for establishment of the development provided that upon request in writing of the developer, the city council may, by resolution duly adopted at any council meeting, extend the period of time for submission of final plans covering all planned development. (Ord. 621, 12-18-2006)

In granting or withholding approval of the sketch development plan, preliminary plans and final plans, the planning commission and the city council shall be guided by the requirements of this chapter and the following standards:

   (A)   Public Good: All plans shall be so designed that the public health, welfare, and safety will be protected.

   (B)   Property Value: The proposed development shall be such that it does not cause substantial injury to the value of other property in the immediate area.

   (C)   Protection Of Conditions: All plans shall provide for protection of both aesthetics and function of the natural environment, which shall include, but not be limited to, conditions pertaining to floodplains, soil, and geologic characteristics, air quality, and preservation of vegetation.

   (D)   Common Open Space: All plans shall provide for and ensure the preservation of adequate recreational facilities and common open space.

   (E)   Balanced Neighborhood: Residential use areas shall have a variety of housing types and densities necessary to achieve a balanced neighborhood.

   (F)   Public Activities: The planned development shall include land area necessary to accommodate cultural, educational, recreational, and other public and quasi-public activities necessary to serve the needs of the residents thereof.

   (G)   Creative Land Uses: The proposed development shall provide for the orderly and creative arrangement of all land uses with respect to each other and to the entire city.

   (H)   Ways For Pedestrians And Cyclists: Walkways shall form a logical, safe and convenient system for pedestrian access to all dwelling units and to all project facilities and off site destinations likely to attract substantial pedestrian traffic. Walkways to be used by substantial numbers of children as play areas or routes to schools or other principal destinations shall be so located and safeguarded as to minimize contacts with normal automobile traffic. Street crossings shall be held to a minimum on such walkways, located and designed to promote safety, appropriately marked and otherwise safeguarded. If substantial bicycle traffic is anticipated, bicycle paths shall be incorporated in the walkway system. Pedestrianways appropriately located, designed, and constructed may be combined with other easements and uses by emergency or service vehicles, but shall not be used by other automotive traffic.

      1.   Access: Access for pedestrians and cyclists shall be arranged to provide safe, convenient routes, and need not be limited to the vehicular access points. When pedestrian access points do not occur at street intersections, they shall be marked and controlled, and when such ways are exposed to substantial vehicular traffic at the edges of a district, fences or other barriers shall be erected and maintained to prevent crossings except at designated points. Bicycle paths, if provided, shall be so related to the pedestrianway system that street crossings are combined.

      2.   Screening At Edges Of The Planned Development: Fences, walls or vegetation screening shall be provided along the edges of the planned development where needed to protect residents from undesirable views, lighting, noise, or other off site influences or to protect occupants of adjoining residential districts from similar adverse influences within the planned development. In both cases, screening shall be designed to control the existing or potential first floor residential windows in the planned development or other residential district. Screening requirements may be waived where terrain makes protection overview impractical. (Ord. 621, 12-18-2006)

   (A)   Compliance: 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 applicants; therefore, the owners of the land covered by such planned development and their successors and assigns 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.

      1.   Schedule: The city council shall consider planned development subject to revocation if construction falls more than two (2) years behind the filed and approved schedule. The developer shall be notified at least ninety (90) days prior to any revocation hearing.

      2.   Changes In Final Approval Plan During Development: 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 development.

      3.   Occupancy: No planned unit development, or any portion thereof, may be occupied until such time as a certificate of compliance has been issued by the building inspector and/or director of planning and code enforcement 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.

   (B)   Major Changes: Any of the following changes shall be deemed to be a "major change":

      1.   A change which alters the concept, character or intent of the sketch development plan.

      2.   A change which increases residential density.

      3.   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.

      4.   A change which significantly increases nonresidential floor area by more than ten percent (10%).

      5.   A change which reduces the amount of common open space or recreational land.

      6.   A change in the land use plan.

      7.   A change in the transportation plan.

   (C)   Minor Changes: The planning commission may approve minor changes in the planned development which do not change the concept or intent of the development. "Minor changes" are defined as any change not defined as a major change. (Ord. 621, 12-18-2006)

The planning commission may recommend, and the city council may authorize, that there be permitted in part of the area of a proposed planned development, and for the duration of such development, specified uses not permitted by the use regulation of the district in which said development is located, provided that the planning commission shall find:

   (A)   That the uses permitted by such exceptions are necessary or desirable and are appropriate with respect to the primary purpose of the planned development.

   (B)   That the uses permitted by such exceptions are not of such a nature or so located as to exercise a detrimental influence on the surrounding neighborhood.

   (C)   That no more than twenty percent (20%) of the ground area of the planned development shall be devoted to such specified use exceptions; provided, however, that in a residential planned development not more than eight percent (8%) of the total ground area in the planned development which is zoned for residential purposes shall be devoted to uses first permitted within the commercial zoning district; and no ground area in the residential planned development shall be devoted to uses first permitted within the industrial zoning district.

   (D)   That in an industrial planned development, such specified use exceptions shall comply with any performance standards contained within the zoning district in which the proposed planned development is located. (Ord. 621, 12-18-2006)

In the case of any planned development, the planning commission may recommend, and the city council may authorize, exceptions to the bulk regulations of this chapter within the boundaries of such planned development, provided that the planning commission shall find:

   (A)   That such exception shall be solely for the purpose of promoting an integrated site plan no less beneficial to the residents or occupants of such development as well as the neighboring property, that would be obtained under the bulk regulations of the district in which said development is located.

   (B)   That along the periphery of such planned developments, yard shall be provided as required by the regulations of the district in which said development is located.

   (C)   That in a residential planned development the maximum number of dwelling units per gross residential acre shall not exceed three (3) units per acre. (Ord. 621, 12-18-2006)

Provided the overall number of dwelling units per acre (density) is not increased beyond the provisions of section 9-15-10 of this chapter and provided that the common open space and recreational area are in accord with section 9-15-13 of this chapter the planned development may include minimum lot areas per dwelling unit smaller than those normally required in the zoning district. (Ord. 621, 12-18-2006)

In a residential planned development, the minimum distance between the walls of any two (2) separate buildings over one story in height shall be as follows:

   (A)   Thirty feet (30'), if either wall contains bedroom windows.

   (B)   Forty feet (40'), if either wall contains living room windows.

   (C)   Thirty feet (30') in all other circumstances, except that the minimum distance between walls, which are parallel or substantially parallel in the portions thereof, which are directly opposite one another (measured perpendicularly) and do not exceed fifteen feet (15') in length and contain no windows, shall be:

      1.   Fifteen feet (15') for all structures below a horizontal plane thirty five feet (35') above grade; and

      2.   Thirty feet (30') for all structures above said plane. (Ord. 621, 12-18-2006)

Residential planned development areas shall include: Recreational areas equivalent to at least thirty percent (30%) of the total residential area; and industrial and commercial areas shall include permanent common open space in an amount equivalent to ten percent (10%) of the total commercial and/or industrial areas of the planned development.

   (A)   Definitions:

    DISTRICT PARKS: Large active and passive recreational areas generally located on or near thoroughfares and within two (2) miles of each residence intended to be served. District parks generally adjoin junior and senior high schools and often include such facilities as swimming pools, tennis complexes, recreational building and adequate off street parking.

   NEIGHBORHOOD PARKS: Active and passive recreational areas which usually serve children and adults in an urban area within a radius of approximately one-half (1/2) mile. Neighborhood parks generally adjoin public elementary schools and may include such features as ball diamonds and play area toward the interior of the site so the perimeter can be landscaped to buffer sound and provide a measure of safety to the public.

   PERMANENT COMMON OPEN SPACE: Parkways, medians, landscaped green space, or other similar areas, defined as recreational areas.

   PLAY LOTS: Active recreational areas intended for children up to six (6) or seven (7) years of age. Play lots generally feature play apparatuses, benches, sand areas and landscaping. Play lots should be located near the center of the housing areas generating children of such ages so that children need not cross arterial streets to reach play lots.

   RECREATION AREA: Land specifically designed and intended for the active or passive recreational use of the residents of the planned development and shall include, but not be limited to: public or private play lots and parks; school sites; storm water detention or retention areas if the planning commission determines that such areas are capable of being utilized for multipurpose recreational activities; pedestrian corridors; bicycle trails; greenbelts; and open space networks.

   (B)   Designation:

      1.   The planning commission shall determine, in its reasonable discretion, whether land is designated and intended for the recreational use of residents of the planned development and in so doing shall consider the following factors:

         (a)   The relationship of the location of the land being considered to the residential use area which it is intended to serve.

         (b)   The size and usability of the land being considered.

         (c)   Other existing or proposed recreational facilities capable of fulfilling recreational needs of the residents.

      2.   Within the percentage limitations set forth for residential land use above, the developer should, to the extent that good planning allows, provide such recreational space in the nature of play lots, neighborhood parks, generally in accordance with the following standards, and should deviations from the following standards be required, the planning commission may vary these requirements by five percent (5%):

 

 

   (C)   Maintenance Of Common Open Space And Recreation Areas: In the event that the organization established to own and maintain common open space and 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 and recreation areas and related facilities in reasonable order and condition in accordance with the plan, the city 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 reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within thirty (30) days thereof, and shall state the date and place of a hearing thereon which shall be held within fourteen (14) days of the notice. At such hearing the city 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 said thirty (30) days or any extension thereof, the city, in order to preserve the taxable values of the properties within the planned development and to prevent the common open space from becoming a public nuisance, may enter upon said property and maintain the same for a period of one year.

Said entry and maintenance shall not vest in the public any rights to use the common open space or recreation areas when the same is voluntarily dedicated to the public by the owners. Before the expiration of said year, the city 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 development to show cause why such maintenance by the city shall not, at the election of the city, continue for a succeeding year. If the city council shall determine that such organization is ready and able to maintain said common open space and recreation areas at the end of said year, then such matter shall be discontinued. If the city council shall determine that such organization is not ready and able to maintain said common open space and recreation areas in a reasonable condition, the city may, in its discretion, continue to maintain said common open space during the next succeeding year and subject to a similar hearing and determination, in each year thereafter. The decision of the city council in any such case shall constitute a final administrative decision subject to review in accordance with appropriate provisions of this chapter.

The cost of such maintenance by the city shall be assessed ratably against the properties within the planned development that have a right of enjoyment of the common open space and recreation space and shall become a tax lien on said properties. The city at the time of entering upon said property for the purpose of maintenance, shall file an appropriate notice of such lien upon the properties affected by such lien within the planned development. (Ord. 621, 12-18-2006)

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 or such part of the planned development; provided, however, that subject to the approval of the village, excavation operations (construction of sewer, water and other utility improvements) may proceed at any time following approval of the preliminary development plan. (Ord. 621, 12-18-2006)

No application for a special use, which has been denied wholly or in part by the city council, shall be resubmitted for a period of one year from the date of said order of denial except on the grounds of new evidence or proof of change of conditions found to be valid by the planning commission and the city council. (Ord. 621, 12-18-2006)