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)