(a)

The planned unit development procedure is a concept which encourages improved and imaginative design in the development of land by providing relief from rigid zone requirements which are designed for conventional developments but which may cause undue hardship or complication for desirable but unconventional development while maintaining the original intent of this chapter.

(b)

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

(1)

Environmental design in the development of land that would be better than is possible through the strict application of ordinance requirements.

(2)

Diversification in the uses permitted and the variation in the relationship of uses, structures, open spaces, and heights of structures in developments conceived as cohesive projects.

(3)

Provision for functional, aesthetic, and beneficial use of open areas.

(4)

Preservation of natural features of the sites.

(5)

Provision for safe and desirable living environment for residential areas characterized by unified building and site development programs.

(6)

Rational and economic development in relation to public services.

(7)

Creation of a variety of housing types within compatible neighborhood arrangements to provide a greater choice of types of environments and living units.

(Code 2007, § 150.110; Ord. No. 1972-73-8, 11-6-1972; Ord. No. 1979-80-19, 2-4-1980)

(a)

These regulations are established for residential development plans characterized by a unified building and site development program and providing adequate public open space for recreation and other community purposes. Such developments and open spaces shall be integrated in the total design of the subdivision layout and street system.

(b)

Approval of the planned unit development zoning options shall only be granted, providing that:

(1)

The tract of land in question contains more than five acres.

(2)

The layout design, including consideration of safety, convenience, or overall environmental quality, is an improvement over what would normally be allowed by a strict application of the zone requirements of this chapter.

(3)

The plan makes provisions for or promotes the aims of the official comprehensive plan of the village. The plan will not adversely affect adjacent property or interfere with the development of adjacent properties; and compatible uses or a buffer of open space, screening, or other appropriate physical barrier is arranged along the border of the project.

(4)

The average overall land area per family contained in the site, exclusive of the area occupied by streets, will not be less than the land area per family required in the district in which the development is located, even though individual lots may be reduced below minimum lot area normally allowed in the zone. Average overall land area per family, exclusive of streets, refers to the allowance of reduced lot sizes (below those normally required by this chapter) in exchange for an equal amount of public open space areas. Reduced sizes of multiple family lots cannot be offset by increased sizes of single-family lots to arrive at the required average overall land per family, as this does not create public open space areas.

(5)

All portions of the tract carrying a residential classification will be used for single-family dwellings, two-family dwellings, or multiple-family dwellings, and the usual accessory uses, such as private open space, garages, storage space, and space and facilities for noncommercial activities, including churches and schools.

(6)

All open space not contained as a portion of a designated development lot have made provisions for its maintenance in the form of owner agreements or is dedicated to an appropriate public agency.

(7)

The plan is consistent with the intent and purpose of both this chapter and chapter 117 and all variances from the strict regulations thereof are shown on the face of the plat.

(8)

The plan will not create any greater maintenance burden to the village for streets, utilities, walks, and other necessary facilities than would be created in a conventional development.

(c)

Before authorization of any planned unit development, requests shall be referred to the commission for study and a report concerning the effect of the proposed use on the character and development of the neighborhood, and its consistency with the comprehensive plan shall be made to the board.

(d)

If the board approved the plans, building permits and other applicable permits may be issued even though the use of the land and the location and height of buildings, street standards, or other facilities to be constructed, individual not areas, yards and setbacks, lot areas, and the yards and open space contemplated by the plan do not in all respects comply with the district regulations or subdivision requirements, provided that the variance to these ordinances contained in the plan is shown on the subdivision plat.

(Code 2007, § 150.111; Ord. No. 1972-73-8, 11-6-1972; Ord. No. 1979-80-19, 2-4-1980)

(a)

Because of the impact of large scale commercial or industrial developments on the efficiency and safety of village streets, water surfaces, sanitary waste disposal systems, and pedestrian movements, as well as the impact of such developments on the orderly growth of the community, the village shall require any large scale commercial or industrial development (five acres or more in size) to follow the planned development procedures contained within this chapter.

(b)

The zoning for an industrial or commercial planned unit development requires that the developer submit to the village board adequate plans for the development of the proposed property, and follow the procedures outlined in sections 119-328 through 119-337.

(Code 2007, § 150.112; Ord. No. 1972-73-8, 11-6-1972; Ord. No. 1979-80-19, 2-4-1980)

Before submitting an application for a planned unit development, the applicant shall confer with the commission, health department, building and zoning department, highway department, and the county soil and water conservation district to obtain information and guidance before entering into binding commitments or incurring substantial expenses.

(Code 2007, § 150.113; Ord. No. 1972-73-8, 11-6-1972; Ord. No. 1979-80-19, 2-4-1980)

(a)

Application shall be made on forms supplied by the commission.

(b)

Application for approval of a planned unit development shall be made in accordance with this section and sections 119-55 through 119-62.

(c)

An application must be accompanied by either an optional outline development plan or a preliminary development plan. In either case the application and accompanying drawings shall be submitted to the commission for analysis prior to public hearing.

(d)

A preliminary development plan is required and must be submitted to the commission with the application or within one year following approval of an outline development plan. If an outline development plan has been approved, the commission may authorize the submission of a preliminary development plan in stages. The commission shall analyze and hold a public hearing and shall notify the board in writing of the submission.

(e)

If a preliminary development plan covering 20 percent of the area or not less than ten acres, whichever is less, has not been submitted within one year following approval of the outline development plan, the board shall withdraw its approval, and the outline development plan shall be null and void.

(f)

Within one year following the approval of the preliminary development plan, the applicant shall file with the board a final development plan completing in final form all information required in section 119-334.

(Code 2007, § 150.114; Ord. No. 1972-73-8, 11-6-1972; Ord. No. 1979-80-19, 2-4-1980)

An applicant may, at the applicant's option, submit an outline development plan. An outline development plan must include a soils analysis, maps, and written statements and must describe enough of the surrounding area to show the relationship of the planned unit development to adjoining uses both existing and proposed.

(1)

The soils analysis must be prepared pursuant to a recommendation by the county soil and water conservation district and must include a statement of soils limitations for each major soil type involved.

(2)

Maps which are part of the outline development plan may be in general form, and shall contain the proposed land uses, the natural features of the site, the character and approximate density of dwellings, the approximate location of major thoroughfares, and the water, sewage, and drainage systems proposed.

(3)

The written statement must contain a detailed explanation of the size and character of the planned unit development, including a statement of the present ownership of all the land within the planned unit development, and the expected schedule of construction.

(Code 2007, § 150.115; Ord. No. 1972-73-8, 11-6-1972; Ord. No. 1979-80-19, 2-4-1980)

(a)

The commission shall review the outline development plan within 60 days after receipt of the plan and shall conduct a public hearing as provided by this section and section 119-58 upon the payment of required fees by applicant. After the hearing the commission shall then approve, approve with modifications, or disapprove the outline development plan, and recommend accordingly in a written report to the board.

(b)

The board shall then approve, approve with modifications, or disapprove the outline development plan. Approval of an outline development plan shall not constitute a zoning change but shall be an expression of approval in principle of the submissions as a guide to the preparation of preliminary and final development plans. If an outline development plan is approved with modifications, it shall be referred to the commission for reevaluation with the applicant.

(c)

No building permits may be issued, and no construction is permitted on land within the planned unit development until final plans for the development have been approved by the board under procedures provided in the following sections.

(Code 2007, § 150.116; Ord. No. 1972-73-8, 11-6-1972; Ord. No. 1979-80-19, 2-4-1980)

If no outline development plan has been filed, the preliminary development plan shall contain all items required in an outline development plan, and shall also include, but not be limited to, all of the following:

(1)

A map showing streets, lots, parcels, and sites for all uses included in the planned unit development, including areas proposed to be conveyed, dedicated, or reserved for parks, parkways, playgrounds, school sites, public buildings, and similar public and quasi-public uses or common use areas.

(2)

A plot plan for each building site and common open area, showing the approximate location of all buildings, structures, and improvements, and indicating the open space around the buildings and structures.

(3)

Schematic design presentation indicating the architectural decisions and need not be in detail.

(4)

A development schedule indicating:

a.

The approximate date when construction of the project can be expected to being;

b.

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

c.

The date when the development of each of the stages will be completed; and

d.

The area and location of a common open space that will be provided at each stage.

(5)

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

(6)

If the commission finds that the planned unit development creates special problems, the following information may be required:

a.

A circulation diagram indicating the proposed movement of vehicles, goods, and pedestrians within the development to and from existing thoroughfares.

b.

A landscaping and comprehensive drainage plan with analysis of the impact that the development creates on the site and on the surrounding area.

c.

A market analysis feasibility report, and statement of proposed financing.

(Code 2007, § 150.117; Ord. No. 1972-73-8, 11-6-1972; Ord. No. 1979-80-19, 2-4-1980)

(a)

If no outline development plan has been submitted and approved, the preliminary development plan shall be considered for approval under the procedures for an outline development plan.

(b)

If an outline development plan has been submitted and approved, the commission shall review within 60 days the preliminary development plan and shall recommend whether it is in substantial compliance with the outline development plan, and if it complies with all other standards in this chapter for planned unit development which were not considered when the outline development plan was approved. The commission shall give public notice of a hearing and shall give notice to any person who has indicated to the secretary of the commission in writing that said person wishes to be notified.

(c)

The commission shall then hold a hearing as provided for in an outline development plan, and shall recommend to the board the approval or denial of the proposed planned unit development, and shall include not only conclusions but also findings of fact related to the specific proposal, and shall set forth particularly in what respects the proposal would or would not be in the public interest, including, but not limited to, findings of fact on the following:

(1)

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

(2)

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.

(3)

The extent to which the proposed plan meets the requirements and standards of the planned unit development regulations.

(4)

The physical design of the proposed planned unit development, and the manner in which the design does or does not make adequate provision for public services, provide adequate control over vehicular traffic, provide for and protect designated common open space, and further the amenities of light and air, recreation, and visual enjoyment.

(5)

The compatibility of the proposed planned unit development with the adjacent properties and neighborhoods.

(6)

The desirability of the proposed planned unit development to the physical development and economic well-being of the entire community.

(7)

The conformity with the recommendations of village plans.

(d)

The board shall then approve, approve with modifications, or disapprove the preliminary development plan. The zoning officer shall upon approval show on the official zoning map the planned unit development as conditionally approved and subject to final development plan approval. If it is approved with modifications, the zoning officer shall not show it on the official zoning map until the applicant has filed with the board written consent to the preliminary development plan as modified. No plats shall be recorded, and no building permits issued until a final development plan has been approved by the board and certified by the village clerk.

(e)

No use permit for a planned unit development shall be passed except by a majority vote of the members of the board present. In the following cases, no use permit shall be passed except by the favorable vote of three-fourths of all the members of the board:

(1)

If a written protest against the proposed amendment is filed with the village clerk no later than 5:00 p.m. of the day when the board votes on the proposed amendment, signed and acknowledged by the owners of 20 percent or more of the frontage proposed to be altered, the frontage immediately adjoining or across an alley therefrom, or the frontage directly opposite the frontage proposed to be altered.

(2)

If the commission recommends denial of the application.

(Code 2007, § 150.118; Ord. No. 1972-73-8, 11-6-1972; Ord. No. 1979-80-19, 2-4-1980)

Within one year following the approval of a preliminary development plan, the applicant shall file with the commission a final development plan for the first stage, containing in final form the information required in the preliminary development plan. The final development plan shall include, but not be limited to, the following:

(1)

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

(2)

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

(3)

If subdivided lands are included in the planned unit development, a subdivision plat of all subdivided lands in the same form and meeting all the requirements of a normal subdivision plat.

(4)

An accurate legal description of each separate un-subdivided use area, including common open space.

(5)

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

(6)

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

(7)

Tabulations of each separate un-subdivided use area, including land area and number of dwelling units per gross acre.

(8)

Landscaping plan.

(9)

Utilities and drainage plans.

(10)

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

(11)

Final development and construction schedule.

(Code 2007, § 150.119; Ord. No. 1972-73-8, 11-6-1972; Ord. No. 1979-80-19, 2-4-1980)

(a)

The commission shall review within 60 days the final development plan and shall recommend approval if it is in substantial compliance with the preliminary development plan. The commission shall certify to the board that the final development plan is in conformity with the previously filed preliminary development plan.

(b)

The board shall approve the final development plan if it is in conformity with the preliminary development plan and pass a resolution approving it.

(c)

If the commission finds that the final development plan does not substantially conform to the preliminary development plan, it shall then give public notice of a hearing. The commission shall give notice to any person who has indicated to the secretary of the commission in writing that said person wishes to be notified. After the hearing, the commission shall submit to the board its recommendations, together with the findings of fact indicating in what respect the final development plan is inconsistent with the preliminary development plan, and the justification, if any, for the deviations. The board shall then approve, approve with modifications, or disapprove the final development plan, in accordance with the provisions of section 119-333.

(d)

Upon approval of the final development plan by the board, the village clerk shall record a copy of the final development plan, including the plat, with the recorder of deeds. The zoning officer shall issue a building permit for the construction of that part of the planned development that has been approved.

(Code 2007, § 150.120; Ord. No. 1972-73-8, 11-6-1972; Ord. No. 1979-80-19, 2-4-1980)

If no substantial construction has begun or no use has been established in the planned unit development within the time stated in the final development and construction schedule, the final development plan shall lapse upon written notice to the applicant from the board and shall be of no further effect. In its discretion, and for good cause, the board may extend for a reasonable time, not to exceed one year, the period for the beginning of construction or the establishment of a use. If a final development plan lapses under the provisions of this section, the zoning officer shall remove the planned unit development use permit from the official zoning map and shall file a notice of revocation with the recorded final development plan. The zoning regulations applicable before the development was approved, shall then be in effect.

(Code 2007, § 150.121; Ord. No. 1972-73-8, 11-6-1972; Ord. No. 1979-80-19, 2-4-1980)

No changes may be made to the approved final development plan during the construction of the planned unit development, except upon the application to the commission under the following procedures:

(1)

Minor changes in the location, sitting, and height of buildings and structures may be reviewed and authorized by the commission if required by engineering or other circumstances not foreseen at the time the final development plan was approved. No change authorized by this section may increase the volume of any building or structure by more than ten percent.

(2)

All other changes in time schedule and use, any rearrangement of lots, blocks, and building tracts, any changes in the provision of common open space, and all other changes in the provision of common open space, and all other changes in the approved final development plan shall be made by the board upon the recommendation of the commission under the procedure authorized by this chapter for approval of the planned unit development use permit. No amendments may be made in the approved final development plan unless they are shown to be required by changes in conditions that have occurred since the final development plan was approved. A self-imposed hardship shall not be a valid reason for change.

(3)

Any changes approved shall be recorded as amendments to the recorded copy of the final development plan before they have any effect.

(Code 2007, § 150.122; Ord. No. 1972-73-8, 11-6-1972; Ord. No. 1979-80-19, 2-4-1980)