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Monee City Zoning Code

CHAPTER 3

PLANNED UNIT DEVELOPMENTS

11-3-1: SCOPE OF REGULATIONS:

Planned developments are intended to allow greater design flexibility than is permitted by the standard district regulations. They are also substantially different from other special uses so that specific and additional standards and exceptions are necessary to regulate these developments. Therefore, the regulations contained in this chapter are established to facilitate and encourage the construction of imaginative and coordinated small to large scale developments and to provide relief from the subdivision and zoning requirements which are designed for conventional developments. These regulations are further established to provide for developments incorporating a single type or variety of related uses, which are planned and developed as a unit; to assure adequate open space for recreation and other community purposes; to protect residential areas from undue traffic congestion; to encourage the most efficient use of land, which will result in more economic networks of utilities, streets, and other facilities; and thus to promote the general welfare of the community. (Ord. 961, 2-12-1997, eff. 2-22-1997)

11-3-2: STANDARDS AND GENERAL REQUIREMENTS:

No planned unit development shall be authorized by the village board of trustees unless the following standards and general requirements are met:
   A.   The site of the proposed planned unit development is not less than ten (10) acres in area and is under single ownership and/or unified control. Where the applicant can demonstrate that the characteristics of the land are suitable to be planned and developed as a unit and in a manner consistent with the purpose and intent of this title and with the comprehensive plan of the village, the plan commission may consider projects with less acreage.
   B.   The planned development will not substantially injure or damage the use, value and enjoyment of the surrounding property in accordance with the land use plan of the village.
   C.   The uses permitted in the development are necessary or desirable and that the need for such uses has been clearly demonstrated by the developer.
   D.   The proposed development will not impose an undue burden on public facilities and services, such as sewer and water systems, police and fire protection.
   E.   The proposed development can be substantially completed within the period of time specified in the schedule of development submitted by the developer.
   F.   The street system serving the planned development is adequate to carry the traffic that will be imposed upon the streets by the proposed development and that the streets and driveways on the site of the planned development will be adequate to serve the residents or occupants of the proposed development.
   G.   When a planned unit development proposes the use of private streets, common driveways, private recreation facilities or common open space, the developer shall provide and submit as part of the application the method and arrangement whereby these private facilities shall be operated and maintained.
   H.   The general development plan shall contain such proposed covenants, easement and other provisions relating to the bulk, location and density of residential buildings, nonresidential uses and structures and public facilities as are necessary for the welfare of the planned development and the village. All such covenants shall specifically provide for enforcement by the village in addition to the landowners within the development.
   I.   The developer shall provide and record easements and covenants, and shall make such other arrangements as furnishing a performance bond, escrow deposit, or other financial guarantees as may be reasonably required to assure performance in accordance with the development plan and to protect the public interest in the event of abandonment of said plan before completion.
   J.   Any exceptions or modifications of the zoning, subdivision, or other regulations that would otherwise be applicable to the site are warranted by the design of the proposed development plan, and the amenities incorporated in it are consistent with the general interest of the public. (Ord. 961, 2-12-1997, eff. 2-22-1997)

11-3-3: RESIDENTIAL PLANNED DEVELOPMENTS:

A residential planned development may be proposed for any land located within a residential district, or in an area designated for residential development in the comprehensive plan, provided that it meets the standards and criteria set forth in the general provisions for planned unit developments and complies with the provisions set forth hereinafter.
   A.   Permitted Uses:
      1.   Dwelling units in detached, semidetached, attached, clustered, or multi-storied structures, or combination thereof.
      2.   Commercial uses, where such uses are scaled primarily to serve the residents of the PUD, such as retail sales, personal service stores, professional offices and banking facilities.
      3.   Schools, public and private recreational facilities, institutional uses, and day care centers.
      4.   Other uses which are recommended by the plan commission and approved by village board as being compatible with other uses proposed in the PUD.
   B.   Residential Density And Standards:
      1.   The density of any residential planned unit development shall not exceed the density allowed in the district in which the PUD is located. In such instances, however, where the land is not annexed to the village and no zoning classification has been assigned, the plan commission shall determine what the appropriate zoning and density should be and forward its recommendation to the village board.
The plan commission, in making this determination, shall take into consideration: a) the physical characteristics of the site; b) the location, design and type of dwelling units proposed; c) the amount, location and proposed use of common open space; and d) the provision of unique design features, such as golf courses, lakes, swimming pools, underground parking and other similar features which require unusually high development cost and which achieve an especially attractive and stable development.
      2.   When a planned unit development is proposed in a single-family residential zone, seventy percent (70%) of all dwelling units proposed within that zone shall be intended for single-family occupancy. For the purpose of this title, a townhouse shall be considered to be a single-family dwelling.
      3.   No minimum lot area is required for individual buildings, except that individual lots for single-family detached dwellings which may be provided within the overall planned development shall not be less than seven thousand five hundred (7,500) square feet in area and for single-family attached and semiattached dwelling units be not less than three thousand five hundred (3,500) square feet of lot area per dwelling.
      4.   Nonresidential or local business type uses (limited to those permitted in the neighborhood shopping district) may be included as part of a planned residential development when the plan commission finds that: a) such business uses are beneficial to the overall planned development and will not be injurious to adjacent or neighboring properties; b) such uses are available within reasonable proximity of the subject area; c) are gauged primarily for the service and convenience of the residents of the subject area; and d) are designed as a unit of limited size and made an integral part of the proposed planned unit development.
      5.   Combination of business and multiple-family residential uses in one structure may be permitted in a structure; provided, that: a) the business uses are limited to personal services and convenience type uses intended solely for the purpose of serving those residing in the multiple-family complex; and b) no businesses are permitted on the same floor or above a floor used for residential purposes.
      6.   Ten percent (10%) of the gross land area of a planned unit development or a minimum of seven hundred fifty (750) square feet per dwelling unit, whichever is greater, shall be developed for recreational open space; except that in multiple-family areas the minimum square feet per dwelling unit shall be computed on the basis of two hundred (200) square feet for each efficiency and one bedroom unit, three hundred fifty (350) square feet for each two (2) bedroom unit, and five hundred fifty (550) square feet for each three (3) or more bedroom unit.
When private common open space is provided within a planned development, such open space shall not be computed as part of the required minimum lot area, or any required yard, of any other structure. Open space proposed for either dedication to the public or common ownership by the residents of the planned residential development shall be retained as open space for park and recreational use for the life of the planned development. A variety of open space and recreational areas is encouraged, including children's informal play in close proximity to individual dwelling units according to the concentration of dwellings, formal parks, picnic areas, playgrounds, areas of formal recreational activities such as tennis, swimming, golf, etc.
      7.   All residential planned developments shall provide for underground installation of utilities, including telephone and power in both public and private rights of way. Provision shall be made for acceptable design and construction of storm sewer facilities, including water retention areas, grading, gutters, piping and treatment of turf to handle stormwaters, prevent erosion and formation of dust.
   C.   Site And Structure Requirements:
      1.   Where feasible, natural features such as streams, rock outcrops, marshlands, topsoil, trees and shrubs shall be preserved and incorporated in the landscaping of the development.
      2.   The developer shall provide all necessary water and sewer facilities, storm drainage, and all other on site improvements as may be required, making reasonable provisions for utility service connections with adjoining properties in other ownership. Such proposed improvements shall comply with village standards and shall be subject to review and approval by the appropriate authorities.
      3.   Nonresidential uses within a planned development must be located so as to be amenable to nearby residential uses. Such uses, including parking and loading areas must be adequately screened and buffered where adjacent to existing residential development.
      4.   The right of way and pavement widths for internal streets serving multi-family and single-family attached dwellings shall be determined from sound planning and engineering standards to conform with the estimated needs of the proposed full development and the traffic to be generated thereby. The streets shall be adequate and sufficient in size, location and designed to accommodate the minimum traffic, parking and loading needs of the proposed development. The pavement of said streets shall not be less than twenty eight feet (28') wide, except on courts of less than two hundred fifty feet (250') in length, and providing adequate guest parking, the pavement may be reduced to twenty four feet (24') in width.
      5.   Access and circulation shall adequately provide for firefighting equipment, furniture moving vans, delivery trucks, refuse collection and snow removal.
      6.   At least two (2) off street parking spaces shall be provided for each multiple-family dwelling unit, and not less than two and one-half (21/2) spaces for each townhouse unit. Such parking shall be provided convenient to all dwelling units in multiple- family areas, the parking shall be not more than three hundred feet (300') from the dwelling unit that it is intended to serve and in townhouse and cluster developments, not more than one hundred fifty feet (150'), measured along the most direct pedestrian route.
      7.   The pedestrian circulation system and its related walkways shall be insulated as completely as possible from the street system in order to provide separation of pedestrian and vehicular movements. This shall include, when deemed necessary by the plan commission, pedestrian underpasses or overpasses in the vicinity of schools, playgrounds, local shopping areas and other neighborhood uses which generate a considerable amount of pedestrian traffic.
      8.   Each planned residential development shall provide for the visual and acoustical privacy of each dwelling unit. Fences, walks and landscaping shall be provided for the protection and aesthetic enhancement of property and the privacy of its occupants, screening of objectionable views or uses and reduction of noise.
      9.   All streets within a planned unit development shall be dedicated public streets except as otherwise recommended by the plan commission and approved by the village board. Said streets shall have a minimum right of way of fifty feet (50'), except when sidewalks are constructed running parallel with the street, then said right of way shall be not less than sixty feet (60'). The pavement of said streets shall not be less than twenty eight feet (28') wide, except on courts of less than twenty five feet (25') in length and which provide adequate guest parking, the pavement may be reduced to twenty four feet (24') in width.
      10.   Along the exterior boundaries not adjoining a street, there shall be a minimum setback of forty feet (40') plus one foot (1') for each additional foot that the building increases in height over thirty five feet (35').
      11.   Not more than six (6) dwelling units shall be permitted in a single-family attached building. "Single-family attached building" is defined as a building containing two (2) or more single-family dwelling units joined at one or more points by one or more party walls or common facilities, not including the walls of an enclosed court yard or similar area.
      12.   No dwelling unit shall be situated so as to face the rear of another dwelling unit unless adequate landscaping is provided to effectively create a visual separation.
      13.   When two (2) or more buildings which contain single-family attached dwellings, or two (2) or more multiple-family dwelling buildings, or combinations thereof, the distance between the building walls shall be as required in subsection 11-7B-7A2 of this title, unless otherwise recommended by the plan commission and approved by the village board.
      14.   A twenty foot (20') wide buffer including, but not limited to, solid fences, masonry walls or plant materials shall be provided so as to constitute the visual screening of all parking areas and outdoor activity areas from adjacent property and of rights of way at ground level. Where a buffer already exists on the adjacent property line, or where parking areas or similar activity areas adjoin each other on adjacent properties, the buffer requirements may be waived by the plan commission.
   D.   Visual Environment Provisions: In all planned unit developments, the following visual environmental provisions shall apply:
      1.   In order to ensure an adequate and pleasant visual environment, a sum of money equal to not less than one percent (1%) of the total building construction costs, as set forth on the approved building permits, shall be budgeted and used by the owners and developers to purchase and install sculpture, fountains, patios, walks, pools, paintings, murals, special landscaping and other applicable objects of art or beautification upon the grounds, or on, or in the buildings. Plans for the installation of such objects shall be subject to the review and general approval of the plan commission.
      2.   In order to ensure an adequate and pleasant natural environment, a sum of money equal to not less than five percent (5%) of the total building construction costs, as set forth on the approved building permits, should be budgeted and used by the owners and developers to purchase and install mature sized trees, shrubbery, grass and other suitable landscaping materials upon the ground. Plans for the installation of such landscaping should be subject to the review and approval of the plan commission.
      3.   All yard areas should be landscaped, screened and fenced with mature sized plants and shrubbery and approved fencing material in accordance with the plans approved by the plan commission.
   E.   Common Property: Common property in a PUD is a parcel or parcels of land together with improvements thereon, the use and enjoyment of which are shared by the owner occupants of the individual building sites. Where such property exists, the landowner shall provide for and establish an organization for the ownership and maintenance of any common property. Such organization shall not be dissolved nor shall it dispose of any common property by sale or otherwise.
Individual landowners in the PUD may not use any portion of common property to increase their lot size in order to qualify for uses under this title.
In reviewing the organization for the ownership and maintenance of any common property, the plan commission shall consider the following:
      1.   Time when organization is to be created.
      2.   Mandatory or automatic nature of membership in the organization by residents.
      3.   The permanence of common property safeguards.
      4.   The liability of the organization for insurance, taxes, and maintenance of all facilities.
      5.   Provision for pro rata sharing of costs and assessments.
      6.   The capacity of the organization to administer common facilities. (Ord. 961, 2-12-1997, eff. 2-22-1997)

11-3-4: PLANNED COMMERCIAL INDUSTRIAL DEVELOPMENTS:

In addition to the standards and criteria set forth in the general provisions for planned unit developments, planned commercial or planned industrial developments shall comply with the standards and criteria set forth hereinafter.
   A.   Commercial Planned Developments: A commercial planned development may be proposed for a single zoning lot or lots falling within any business district in order to promote the cooperative development of shopping centers and business access points onto thoroughfares, to separate pedestrians and automobile traffic, to develop shopping centers of size and location compatible with market potential and adjoining land use, and to encourage harmonious architecture between adjacent commercial structures.
      1.   Uses permitted in a commercial planned development shall be as prescribed by the plan commission and may include uses not permitted by the use regulations of the district in which said development is located; however, the plan commission shall find that the uses permitted by such exception are necessary or desirable and are appropriate with respect to the primary purpose of the development.
      2.   Buildings and structures shall not cover more than thirty percent (30%) of the lot area.
      3.   Retail sales and services, including storage of materials, shall be conducted or stored entirely within a wholly and permanently enclosed building or buildings which shall be of an architectural design compatible with surrounding uses and structures, unless otherwise recommended by the plan commission and approved by the village board.
      4.   Off street parking based upon five (5) car parking spaces per one thousand (1,000) square feet of gross leasable area shall be provided in all planned commercial developments, unless the plan commission recommends and the village board requires additional off street parking. Such parking shall be paved, adequately lighted, and well drained. Where there are great expanses of blacktop pavement, trees and planted areas shall be introduced to take away the otherwise barren and unsightly appearance.
      5.   Where a combination of uses is planned, additional off street parking spaces shall be provided unless the plan commission determines that individual parking spaces may adequately serve two (2) or more uses by reason of the hours of operation of such uses.
      6.   At least ten percent (10%) of the total lot area of the planned development shall be provided for landscape and open space purposes.
      7.   Where a planned commercial development adjoins the boundaries of adjacent residential, public open space, schools, churches or other similar uses, the development shall be adequately screened by fencing or landscaping or both.
      8.   Ingress and egress shall be so designed as to minimize traffic congestion in the public streets.
      9.   All commercial planned developments shall provide for underground installation of utilities.
      10.   Outside lighting shall be designed and placed so as not to be disturbing to adjacent residential areas.
      11.   The petitioner shall show sufficient evidence of capability to implement the general type of development proposed. An economic justification or market analysis of the proposed commercial uses in the development shall be submitted when requested by the plan commission.
   B.   Industrial Planned Development: An industrial planned development may be proposed for any land located within an industrial district or in an area designated for industry in the comprehensive plan, in order to promote the establishment of industrial parks that will provide a desirable grouping of industrial buildings with integrated designs and a coordinated physical plan with sufficient open space to provide a parklike setting.
      1.   Individual lots may be designated on the plan although this shall not be a requirement. In order to provide as much flexibility as possible and to adjust to the purchaser's exact requirements, only block sizes, street rights of way, utility and drainage easements, and common open space need to be shown.
      2.   Open outdoor storage shall be prohibited unless it is recommended by the plan commission and approved by the village board. If approved, any outside storage for equipment, raw materials, semifinished and finished products, waste or refuse must be located to the rear of the principal building and shall be screened from streets and adjoining property by a wall, solid fence or hedge at least eight feet (8') in height.
      3.   All employee and visitor parking, as well as truck loading, shall be provided entirely on the site (off street) and shall be paved with an all weather surface. No parking shall be permitted in front yard areas, except that visitor parking may be provided if properly screened or landscaped and only then when approved by the plan commission.
      4.   All loading docks must be located at least sixty feet (60') from the front lot line. No trucks, or portion thereof, shall be allowed to park on any street while loading or unloading.
      5.   All on site electrical telephone or other utility lines shall be underground and shall not be exposed on the exterior of any building or structure.
      6.   Building construction and design shall be used to create a structure with four (4) equally attractive sides of high quality, rather than place all emphasis on the front elevation of the building while neglecting or downgrading the aesthetic appeal of the side and rear elevations of the building. (Ord. 961, 2-12-1997, eff. 2-22-1997)

11-3-5: APPLICATION PROCEDURE AND APPROVAL PROCESS:

A planned unit development shall be granted as a conditional use in accord with the following procedures and may depart from the normal procedure, standards, and other requirements of the other sections of this title. Formal application for approval of a planned development shall first be presented in the form of an exploratory proposal, and shall be filed with the village clerk, who shall transmit same, including all documents relating thereto, to the plan commission. The filing of an application for a planned unit development shall be accompanied by a certified check, cashier's check or money order made payable to the village in accordance with the fee schedule adopted by the board of trustees. (Ord. 961, 2-12-1997, eff. 2-22-1997; amd. Ord. 1135, 4-25-2001)
   A.   Preapplication Conference: Prior to official submittal of an application for consideration of a planned development, the developer shall meet informally with the plan commission for a preliminary discussion as to the scope and nature of the proposed development, the types of uses proposed, and the approximate land allocations contemplated for each of the uses. Thereafter, the developer may submit to the plan commission a tentative sketch plan and an outline prospectus of the proposed development for future discussion purposes.
   B.   Exploratory Proposal: Following the preapplication conference with the plan commission, the developer shall submit in writing a request for a conditional use permit for a planned development. The letter shall be addressed to the chairman of the plan commission requesting that the proposed development be placed on the agenda of the plan commission for preliminary discussion. The plan commission shall consider the proposed development at its next regular meeting, or at a special meeting which may be set for the specific purpose of allowing the developer to make a presentation of his plans. Said meeting may be continued from time to time for the purpose of reviewing and processing the exploratory application.
   C.   Submission Requirements: Five (5) copies of the exploratory proposal shall accompany the application. The village clerk shall forward one copy of the application and three (3) copies of the exploratory plan to the plan commission at least ten (10) days prior to the meeting at which it is to consider the matter; one copy to be retained by the village clerk for filing, and one copy to be returned to the owner or developer.
The exploratory proposal for a planned unit development shall be submitted and shall comprise, but not necessarily be limited to the following:
      1.   A written explanation of the general character of the project and the manner in which it is planned to take advantage of the flexibility of these regulations.
      2.   A legal description of the property proposed to be developed.
      3.   A plan of the proposed planned development sufficient in detail and scope to afford the plan commission and the village board an opportunity to make a determination as to whether the village is favorably or unfavorably disposed as to the granting of the necessary zoning certificate for a conditional use for a planned development. The village board, when approving the exploratory proposal, shall not be bound by the location of anything shown on such a plan if, when placed on a plat of survey there is any conflict or difference. The plan shall indicate:
The approximate residential density proposed for the entire project and, if the project is to be comprised of well defined areas of varying types of residential development, the approximate density for each such area.
The proposed height and bulk of buildings. However, the approval of the exploratory proposal by the village board shall not preclude their right to pass judgment on the specific location of buildings when the preliminary plan is approved.
The approximate percentage of the project land area to be covered by buildings and streets.
The approximate number of dwelling units proposed for the project including a breakdown of the number of one, two (2), and three (3) or more bedroom units.
Traffic circulation features within and adjacent to the project.
Areas designated for permanent open space, whether to be dedicated to the public or to be privately maintained.
Amenities to be provided within the proposed project.
Existing zoning of the project site and adjacent properties.
Generalized plan for utilities which will serve the project.
   D.   Review Procedure For An Exploratory Proposal: Within forty five (45) days of receipt by the plan commission of an exploratory proposal, the plan commission shall conduct a public hearing on the proposition of whether or not a conditional use for a planned development should be granted for the subject property. This hearing shall be deemed to meet the statutory requirements for a public hearing for granting a conditional use and shall comply with any notice requirements of local ordinances or state statutes.
At the next regular meeting of the plan commission following the public hearing, the plan commission shall act to recommend to the village board that it: 1) take action indicating a favorable disposition toward zoning the subject property for a planned development of the nature being proposed, subject to approval of the preliminary plan for the project; or 2) reject the proposal. In either case, the plan commission shall set forth the reasons for its recommendations, and may, in the event of a favorable recommendation, specify particular items and conditions which should be incorporated in subsequent plan submittal.
Upon receipt of the plan commission's recommendation, the village board shall act by resolution to either: 1) reject the proposal; or 2) accept the proposal. The acceptance may be contingent and, if so, shall specifically state what additions or deletions from the proposed development as submitted shall be made in the preliminary plan. Any such conditions may include but are not limited to allowable density, bulk of buildings, provisions for permanent open space and ratios of dwelling unit types to be included in the project. The village board shall approve a preliminary plan which complies with the proposal as accepted and conforms otherwise to the requirements for a preliminary plan as hereinafter set forth.
The village board approval shall lapse unless within one year from approval of the exploratory proposal, a preliminary plan for the planned development is filed as required in this section; provided, however, that in the absence of a preliminary plan submittal, such one year period may be extended for a specified period upon written request from the owner or developer and approval by the village board.
   E.   Preliminary Plan: Following a favorable resolution relative to the exploratory proposal, a preliminary plan of the proposed planned unit development shall be submitted to the plan commission for review and approval. The owner or developer shall provide the plan commission with ten (10) copies for review purposes. ln its review, the plan commission shall submit copies of the plan to the village's planner, engineer, and to the appropriate school, park and fire districts providing required public facilities and services for review and comment. Comments and recommendations shall be returned to the plan commission within thirty (30) days unless said period is extended by the commission. If said comments and recommendations are not received within the designated time period, it will be construed to mean approval.
      1.   Submission Requirements: The submission for preliminary plan approval shall include, but not necessarily be limited to, the following information prepared by a professional land planner, architect, or engineer:
         a.   An accurate boundary line survey showing bearings and distances, a legal description of the property, satisfactory evidence of ownership and a location map showing the relationship of the proposed planned development to adjacent properties and to the village.
         b.   A site plan of the proposed development showing the location and arrangement of all proposed land uses, residential lots, and buildings, including the height and number of floors of all buildings, both above and below finished grade; the building setbacks from the development boundaries and adjacent buildings, streets, roads, alleys and other public ways; the proposed traffic circulation pattern including the location and width of all streets, driveways and entrances to parking areas; all proposed off street parking and loading areas; all proposed open space areas including common open space, tree locations, screening, bushes and other landscaping, dedicated open space and developed recreational open space. The preliminary plan may be drawn in a freehand sketch form, provided it accurately depicts the detail and character of the proposed development.
         c.   A plan or statement detailing the exact manner of improving developed recreational open space, and all covenants, restrictions and conditions pertaining to the use, maintenance and operation of common open spaces.
         d.   A statement in tabular form of the anticipated residential density and the total number of dwelling units, the bedroom breakdown; the percentage of the tract which is to be occupied by structures and other impervious surfaces, and in the case of commercial uses, the total gross leasable floor area of all commercial uses and the off street parking and loading.
         e.   Topographic data including existing contours at vertical intervals of not more than two feet (2'); and locations of watercourses, floodplains, marshes, wooded areas and isolated trees having a diameter of one foot (1') or more.
         f.   Subsurface soil conditions.
         g.   Existing streets adjoining subject property.
         h.   Utilities on and adjacent to subject property, including location and size of existing water mains, sewers, culverts, drain pipes, and public utility easements.
         i.   The names of adjoining subdivisions or the names of record owners of adjoining parcels of unsubdivided land.
         j.   Name of the proposed development (if available), of the owner(s) and developer, and the designer of the preliminary site plan.
         k.   A preliminary outline of proposed protective covenants, including provision for the organization and financing of a property owner's association, where appropriate.
      2.   Approval Of Preliminary Plans: Within ninety (90) days of receipt of the development plan and the accompanying documentation, the plan commission shall take action on the preliminary plan. The action shall be in the form of a written recommendation to the village board approving, approving with modification, or disapproving the plan and indicating the reasons therefor.
The village board shall thereafter approve, approve with modification, or disapprove the preliminary development and upon determination that said plan complies with the standards herein set forth. In the case of approval, or approval with modification, the village board shall pass an ordinance granting the special use and indicate its approval upon the plan. The village board may require such special conditions as it may deem necessary to ensure conformance with the intent of all comprehensive plan elements and the stated purposes of the planned development ordinance. If the preliminary plan is disapproved, the village board shall indicate the reasons for such findings and refer it back to the plan commission for further study.
   F.   Final Plan: Upon the approval of the preliminary plan by the village board, a final development plat may be submitted for all the land included in the proposed planned unit development or for a phase or unit thereof. Such plat shall be submitted to the plan commission within one year after approval of the preliminary plan, and shall be in substantial compliance with the preliminary development plan as approved.
      1.   Submission Requirements: The owner or developer shall submit five (5) copies of the final plan, which shall incorporate any revisions or other features that may have been recommended by the plan commission and/or the village board at the time preliminary approval was granted. The submission for final plan approval shall include:
         a.   A detailed site plan prepared at a scale of not less than one inch equals one hundred feet (1" = 100') showing the physical layout and design of all streets, easements, rights of way, lots, blocks, common open space, all off street parking and loading areas, and the exact location of structures and uses.
         b.   The plan shall show all radii, internal angles, points of curvatures, tangent bearings, and length of arcs; location, dimensions and purpose for all easements; all block and lot numbers and lines, with accurate dimensions in feet and hundredths; names of all streets; and the location of all buildings (except for single-family detached residences) and setback lines accurately dimensioned.
         c.   The description and location of all survey monuments erected in the planned unit development; the scale shown graphically; and the date and north point.
         d.   All parcels of land to be dedicated for public use or reserved for the use of all property owners with the purpose indicated.
         e.   Preliminary building plans, including floor plans and exterior elevations.
         f.   Storm drainage and engineering plans for sanitary sewer and water lines, including easements for underground utilities.
         g.   Proposed lighting system for streets, public areas, and common open space.
         h.   A general landscaping planting plan with list and size of plant materials, and grading plan, at a scale of not less than one inch equals fifty feet (1" = 50') and preferably one inch equals twenty feet (1" = 20').
         i.   Estimates of cost of installation of all proposed improvements, confirmed by a registered Illinois engineer.
         j.   Final drafts of legal agreements and documents including copies of any easements, deeds of dedication and other legal documents necessary for the transfer of land and improvements to public and common ownership, restrictive covenants, and a copy of the articles of incorporation of the property owner's association, if any.
         k.   An accurate legal description and boundary line survey of the area proposed for development in the application for final plan approval, plus satisfactory evidence of ownership.
         l.   Final construction schedule, indicating the estimated date scheduled by the applicant for final completion of construction work on required public facilities, land improvements, and on all buildings and private facilities within the proposed planned unit development, other than single-family dwellings to be erected on separate lots.
         m.   A final plat of subdivision for all land included in the planned unit development, or for a phase or unit thereof, suitable for recording with the county recorder of deeds.
         n.   A completion bond in a sum sufficient to cover the full cost of required public facilities and land improvements; or in lieu of a bond, a deposit of cash, or other negotiable securities or guarantee acceptable to the village board of trustees, all as required by ordinance; if a surety bond, or other guarantee is posted, it shall comply with ordinance, and be in such form as approved by the village attorney; the amount of such deposit or bond shall be based upon the confirmed estimate of cost hereinabove provided for, and in an amount as required by ordinance.
      2.   Approval Of Final Plan And Plat: Upon receipt of all the plans and documents required for final approval, the plan commission shall review the final plan and transmit its findings and recommendations to the village board within sixty (60) days after the meeting or meetings at which such final plan is considered. The final plan 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 the approved preliminary plan which is proposed to be recorded and developed.
After receipt of the final plan from the plan commission, the village board shall, within thirty (30) days, approve, approve with modification, or disapprove the final plan and shall pass an ordinance authorizing the planned unit development as a special use. If the final plan is disapproved, the village board shall indicate the reasons and refer it back to the plan commission.
No building permit shall be issued until the final planned unit development plat and supporting documents have been recorded with the county recorder of deeds, and proof of filing is provided to the village.
   G.   Changes Or Deviations:
      1.   No changes or deviations may be made to the approved final development plan during the construction of the planned unit development without the approval of the village board. Any deviation without the necessary approval shall serve automatically to revoke the original approval and to avoid future action pursuant to the planned unit development.
      2.   However, at any time following approval of development plans, including the issuance of permits for any part thereof, the applicant may petition for review in detail of the previously approved plan, stating his reasons therefor. Such reasons may be based upon such considerations as, but not limited to, changing social or economic conditions, suggested improvements to layout or design features, or unforeseen difficulties or advantages, such as site conditions, market conditions or statutory changes, which may mutually affect the interests of the applicant and the village. The plan commission, upon finding that such petition and reasons are reasonable and valid, may reconsider the design of the planned unit development. A self-imposed hardship shall not be a valid reason for change.
      3.   If the proposed change or deviation is considered minor and will not change the concept or intent of the development, the village board may approve the change without referring it back to the plan commission or going through the preliminary approval steps. However, if the proposed change is a substantial deviation from plans so approved, the applicant shall be referred back to the plan commission and the procedure and conditions herein required for original submittal shall be followed in full.
      4.   A "substantial deviation" shall be defined as any change which includes increases in density, height of buildings, reductions in the amount of proposed open space, changes in the development schedule, or changes in the final governing agreements, provisions, or covenants or other changes which change the concept or intent of the development. Any other changes which do not change the concept or intent of the development shall be deemed minor changes. (Ord. 961, 2-12-1997, eff. 2-22-1997)

11-3-6: PERFORMANCE GUARANTEES FOR PUD:

   A.   Requirement; Amount: As a condition of final approval, the village board shall require the posting of such performance guarantees as it deems necessary to ensure the installation of the improvements. Said performance guarantee shall be for a period of time to be determined by the village board. The amount of the performance guarantee may be reduced by the village as portions of the required improvements have been completed.
   B.   Compliance With Final Plan: The planned unit development project shall be developed only according to the approved and recorded final plan and all supporting data. The recorded final plan and all conditions imposed as a part of any planned unit development shall run with the land and shall not lapse or be waived as a result of a subsequent change in tenancy or ownership of any or all of said area; however, nothing herein shall be construed to limit the right of the developer, his successors or assigns to sell property in said planned unit development, except for such conditions imposed upon said common areas.
   C.   Time Limit; Extension: If construction on the proposed planned unit development, or stage or unit of said development last approved, has not begun within one year from the date the final plan was approved by the village board, the board may initiate proceedings to rezone the planned unit development parcel to its original zone or zones, and the authorization of final approval shall become null and void and all rights thereunder shall lapse. Upon written application, filed prior to the termination of the one year time limit, the village board may authorize a single extension of the time limit for a further period of not more than twelve (12) months without a public notice. (Ord. 961, 2-12-1997, eff. 2-22-1997)

11-3-7: RECORDING PROCEDURE:

   A.   Filing Of Plan With County: Within thirty (30) days following the approval of the final plan for all or any portion of a planned unit development or prior to the issuance of any building permit, the applicant shall record or cause the recordation of said approved plat with the county recorder of deeds and shall provide proof of said filing to the village.
   B.   Designation On Zoning District Map: Upon approval of the final plan, the approved planned unit development shall be delineated and designated by number on the zoning district map. A file, available for inspection by the public, shall be maintained by the village clerk for each planned unit development so designated. The file shall contain a record of the approved development plan and all conditions and use exceptions authorized therein. (Ord. 961, 2-12-1997, eff. 2-22-1997)