Planned unit developments (PUD) are included in this zoning ordinance as a distinct category of special use. As such, they are authorized for the same general purposes as all other special uses. In particular, however, the planned unit development technique is intended to allow the modification of otherwise applicable substantive requirements based on procedural protections providing for detailed review of individual proposals for significant developments. This special regulatory technique is included in this zoning ordinance in recognition of the fact that traditional bulk and yard regulations that may be useful in protecting the character of substantially developed and stable areas may impose rigidities on the development or redevelopment of parcels or areas that lend themselves to an individual, planned approach. This technique is intended to be applied to further only those applications which provide special, compensating amenities to the village. Through the flexibility of the planned unit development technique, the village seeks to achieve the following specific objectives:

A.

Encourage flexibility in the development of land and in the design of structures.

B.

Encourage planned diversification in the location of structures.

C.

Encourage a creative approach to the use of land that results in better development and design than might otherwise be accomplished under the strict application of other sections of this title.

D.

Provide for the efficient use of land to facilitate a more effective arrangement of land uses, buildings, circulation systems and utilities.

E.

Provide for more usable and suitably located open space and recreation areas than might otherwise be provided under the application of other chapters of this title.

F.

Encourage the construction of appropriate aesthetic amenities which will enhance the character of the site.

G.

Guarantee quality construction commensurate with other developments within the community, and compatible with the character of the surrounding area and adjoining properties.

H.

Facilitate the implementation of the village land use policies, particularly with respect to areas designated for potential redevelopment.

I.

Encourage quality construction and design through an efficient application procedure that is sensitive to the need for expeditious development review.

(Ord. No. 12-09-39, § 2(5.1), 8-24-12)

An application for a special use permit to allow or grant a planned unit development may be filed by the owner of record, or any person(s) having a contractual interest in, the property for which the planned unit development is proposed. However, that all owners of record of such property must execute the application.

(Ord. No. 12-09-39, § 2(5.2), 8-24-12)

A planned unit development may be authorized as a special use in all zoning districts. A planned unit development shall be granted in accordance with the procedures and standards of this chapter, and the special use provisions of Section 20.16.040 (Special Use). Unless specifically approved by the ordinance granting or amending the planned unit development as a special use, the requirements of the underlying district shall apply. The ordinance granting or amending the planned unit development as a special use may depart from the normal procedures, standards and other requirements of this title.

(Ord. No. 12-09-39, § 2(5.3), 8-24-12)

A.

The entire property proposed for the planned unit development shall be in single ownership or under such unified control as to ensure that the entire property will be developed as a unified whole. All owners of the property shall be included as joint applicants on all applications and all approvals shall bind all owners. The violation of any owner as to any tract shall be deemed a violation as to all owners of all tracts.

B.

The applicant shall have the burden of establishing that the subject property is of sufficient size and shape to be planned and developed as a unified whole capable of meeting the objectives for which planned unit developments may be established pursuant to this section.

C.

All covenants, deed restrictions, easements and similar restrictions to be recorded in connection with the planned unit development shall stipulate that they may not be modified, removed or released without the express consent of the village board and that they may be enforced by future landowners within the proposed development.

D.

The applicant may be required to submit a proposed development agreement as part of the planned unit development application. As part of the planned unit development approval, the village must approve the development agreement.

E.

Any area of a planned unit development not used for structures, streets, or parking lots, shall be landscaped. The perimeter of the planned unit development shall be designed to ensure compatibility with uses surrounding the planned unit development by including uses within the planned unit development that are compatible with such surrounding uses, including setbacks, screening, or natural or man-made buffers within such perimeter.

F.

Private streets are prohibited unless expressly approved by the village board. If so approved, they shall meet all construction standards applicable to public streets. No such streets shall be approved except upon the condition that they shall be owned and maintained by a property owners' association meeting the requirements set forth in this section.

G.

Whenever the village board determines that development of a planned unit development will create a need for land for public purposes of the village within the proposed planned unit development, the village board may require that such land be designated and dedicated to the village for such use. In addition, the village board may require evidence that all requirements of village ordinances pertaining to the dedication of land or the contribution of cash in connection with subdivisions or developments of land have been met with respect to the proposed planned unit development.

H.

Thirty percent of the area of a residential-only planned unit development is required to be set aside and maintained as common open space. This thirty percent shall be calculated based on the net area of the site, which is the total area of a site available for development, excluding street rights-of-way and other publicly dedicated improvements, excluding public rights-of-way. The location of common open space shall be consistent with its intended function as set forth in the application and planned unit development plans. No such open space shall be used for the construction of any structure or improvement except such structures and improvements as may be approved in the final plan as appropriate to the intended leisure or recreational uses for which such open space is intended.

1.

The following uses shall be considered common open space:

a.

Parks and playgrounds, including skate parks and dog parks.

b.

Indoor or outdoor active recreation facilities, including basketball courts, ball fields, swimming pools and tennis courts.

c.

Jogging trails, bike trails and fitness courses.

d.

Nature preserves, bird sanctuaries, natural water features and similar conservation areas.

e.

Detention/retention ponds may be counted toward common open space but must be accessible to the public via nature trails, boardwalks, and/or perimeter walkways, and they must be designed as natural water features and landscaped with native vegetation. Detention/retention ponds may only count toward twelve percent of the common open space area requirement.

2.

Adequate safeguards, including recorded covenants or dedication of development rights, shall be provided to prevent the subsequent use of common open space for any use, structure, improvement, or development other than that shown on the approved final plan. The safeguards must be perpetual and must run with the land. Such safeguards may be released, but only with the express written consent of the village board.

3.

The final plan shall include such provisions for the ownership and maintenance of such open space and improvements as are reasonably necessary to ensure their continuity, care, conservation, maintenance, and operation in accordance with predetermined standards and to ensure that remedial measures will be available to the village if such open space or improvements are permitted to deteriorate or are not maintained in a condition consistent with the best interests of the planned unit development or the village.

4.

When the requirements of this section are to be satisfied by the ownership or maintenance of such open space or improvements by a property owners' association, such association shall meet each of the following standards:

a.

The by-laws and rules of the association and all declarations, covenants, and restrictions to be recorded must be included as part of the final plan prior to the final plan becoming effective. Each such document shall provide that it shall not be amended in any manner that would result in it being in violation of the requirements of this chapter.

b.

The association must be established and all covenants and restrictions must be recorded prior to the sale or lease of any property within the area of the planned unit development designated to have the use of the proposed open space or improvements.

c.

The association must be responsible for casualty and liability insurance, taxes, and the maintenance of the open space and improvements to be deeded to it.

d.

Membership in the association must be mandatory for each property owner and any successive owner having a right to the use or enjoyment of such open space or improvements.

e.

Every property owner having a right to the use or enjoyment of such open space or improvements must pay its pro rata share of the cost of the association by means of an assessment to be levied by the association that meets the requirements for becoming a lien on the property in accordance with state statutes.

f.

The association must have the right to adjust the assessment to meet changed needs. The membership vote required to authorize such adjustment shall not be fixed at more than two-thirds of the members voting on the issue.

g.

The village must be given the right to enforce the declarations, covenants and restrictions.

h.

The village must be given the right, after ten days written notice to the association, to perform any maintenance or repair work that the association has neglected to perform, to assess the membership for such work and to have a lien against the property of any member for the cost of such maintenance and work. For this purpose alone, the village shall have all the rights and powers of the association and its governing body under the agreements and declarations creating the association.

I.

Planned unit developments shall not adversely affect the natural environment of the community as a whole. Natural assets and features, such as existing trees and native vegetation, shall be protected and preserved to the greatest extent practical.

J.

The site shall be accessible to public streets that are adequate to carry the traffic that will be generated by the proposed development. The streets and driveways within the proposed development shall be adequate to serve the uses within the development. The applicant shall be responsible for the cost and installation of additional traffic controls and regulating devices that are required.

K.

The pedestrian circulation system and its related walkways shall be located to provide for separation of pedestrian and vehicular movement and for maximum pedestrian safety.

L.

All planned unit developments shall provide for underground installation of utilities, including electricity, cable and telephone. Provisions shall be made for acceptable design and construction of storm sewer facilities and appropriate storm retention and detention devices. The construction and maintenance of all utilities, roadways, parking facilities and other site improvements shall be in accordance with the requirements of this title and other regulations of the village.

(Ord. No. 12-09-39, § 2(5.4), 8-24-12; Ord. No. 13-03-12, § 3, 3-25-13)

A.

The planning and zoning commission may recommend and the village board may grant exceptions to the district use, bulk and yard regulations where a planned unit development is located. The planned unit development is subject to the underlying district regulations unless such exception is specifically granted. Exceptions from district regulations may be granted for planned unit developments, if the village board finds that such exceptions:

1.

Enhances the overall merit of the planned unit development.

2.

Promotes the objectives of both the village and the development.

3.

Enhances the quality of the design of the structures and the site plan.

4.

Enables the development to offer environmental and pedestrian amenities.

5.

Will not cause such an adverse impact on neighboring properties so as to outweigh the benefits of the development.

6.

Is compatible with the village land use policies.

7.

Provides a public benefit to the village, as described in subsection B below.

B.

The underlying zoning district requirements shall apply, unless an exception is granted by ordinance as part of the approved special use. Exceptions to district regulations may be granted where it is determined that such modifications shall not negatively affect the value and enjoyment of surrounding property, the provision of municipal services, or the flow of traffic. To be granted such exceptions, the applicant must demonstrate superior design and enhanced amenities. In no case shall an exception to district regulations within a planned unit development be granted unless the applicant demonstrates a substantial benefit to the village. Design characteristics and amenities to be considered in this determination shall include, but are not limited to the following:

1.

Reduced use of impervious surface materials, including cluster development and use of semi-pervious materials such as pervious pavers and grass-crete.

2.

The use of green building and sustainable development techniques, including LEED or LEED-equivalent certification of structures.

3.

Community amenities including plazas, malls, formal gardens, places to congregate, outdoor seating, public art, and pedestrian and transit facilities.

4.

Preservation of environmental and/or historic features.

5.

Open space and recreational amenities such as:

a.

Swimming pools;

b.

Tennis courts;

c.

Recreational open space accessory buildings;

d.

Jogging trails and fitness courses;

e.

Playgrounds;

f.

Natural water features and conservation areas;

g.

Detention areas which are accessible to occupants or the public via nature trails, boardwalks, and/or perimeter walkways, but only if they are designed as natural water features and are landscaped with native vegetation.

6.

Adaptive reuse of existing buildings.

7.

A senior housing set-aside, either rental or for-sale.

8.

Provision of accessible dwelling units with accessible features beyond what is required by the Americans with Disabilities Act (ADA) or any other applicable codes.

(Ord. No. 12-09-39, § 2(5.5), 8-24-12)

In its establishment and authorization as a special use, in addition to the special use standards of Section 20.16.040 (Special Use), the following procedures, requirements, restrictions, and conditions shall be observed. In addition to the special use procedures, approval of a planned unit development is a four-step process, which includes pre-application consultation, concept plan, preliminary plan, and final plan. No plats shall be recorded and no building permit shall be issued until a final plan has been approved.

A.

Pre-Application Consultation. Prior to the filing of an application for a planned unit development, the applicant shall confer with the zoning administrator, as well as other village staff the zoning administrator deems appropriate to confer with, regarding the proposed development. At the pre-application meeting the applicant shall provide information as to the location of the proposed planned unit development, the proposed uses, proposed public and private improvements, a list of any known exceptions to the ordinance codified in this title and other ordinances of the village, and any other information necessary to clearly explain the planned unit development. The purpose of such pre-application presentation and conference is to make advice and assistance available to the applicant before preparation of the optional concept plan or required preliminary plan, so that the applicant may determine:

1.

Whether the proposed planned unit development appears in general to be in compliance with the provisions of this title and other applicable regulations.

2.

Whether any zoning exceptions are required in connection with the proposed planned unit development.

3.

Whether the proposed planned unit development will be in conformity with the goals and policies of the village for development. The pre-application conference does not require formal application, fee or filing of a planned unit development application.

Any opinions or advice provided by the zoning administrator shall be in no way binding with respect to any official action the planning and zoning commission or village board may take on the subsequent formal application.

B.

Concept Plan.

1.

Before submitting a formal application for a planned unit development, the applicant shall present a concept plan before the village board for the purpose of obtaining information and guidance prior to entering into binding commitments or incurring substantial expense. At minimum, the concept plan shall consist of the following:

a.

A map or maps in general form containing the proposed land uses, the natural features of the development site, the character and approximate location of all roadways and access drives proposed within the planned unit development, the location of all adjacent public streets, thoroughfares and public utilities, and schematic drawings showing the size, character and disposition of buildings on the site.

b.

A written statement containing a general explanation of the planned unit development, including a statement of the present ownership of all the land within said development and the expected schedule of construction.

2.

The village board shall review the concept plan at a meeting, and provide such information and guidance as it deems appropriate. Members of the planning and zoning commission shall be invited to the concept plan review meeting in order to offer input on the proposed planned unit development.

3.

Any opinions or advice provided by the village board shall be in no way binding with respect to any official action the planning and zoning commission or village board may take on the subsequent formal application. The review of the concept plan shall not be a public hearing, and any failure to observe formal procedures shall not affect the ultimate validity of any enabling legislation.

C.

Preliminary Plan. All applications for planned unit developments shall contain a preliminary plan, which shall be filed with the zoning administrator, who shall forward a copy of the same to the planning and zoning commission. When a subdivision of land subject to Title 19 of the village code is proposed in connection with a planned unit development, the applicant shall file an application for approval of a preliminary plat of the proposed subdivision simultaneously with the application for development concept plan approval.

1.

Preliminary Plan Submittal. The preliminary plan shall include, depict, and describe the basic scope, character and nature of the entire proposed planned unit development, and shall include the following elements:

a.

A written statement, which shall contain the following information:

i.

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

ii.

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

iii.

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

b.

A boundary line survey of the subject property, which shall be prepared and certified by a registered land surveyor.

c.

A topographic map of the subject property with contours shown at intervals no greater than five feet. Topographic data shall refer to the USGS North American Datum — Mean Sea Level Elevation.

d.

A detailed site analysis of the subject property which shall describe or depict the following information:

i.

Existing land uses both on the subject property and immediately adjacent to it.

ii.

Wooded areas on the subject property.

iii.

A soil survey of the subject property and a report from the soil and water conservation district of Lake County identifying any soil problem areas. Additional soil information may be requested by the planning and zoning commission and/or the village engineer.

iv.

Portions of the subject property in any floodplain or floodplain fringe areas.

v.

Streams, drainage ditches, culverts, and standing water.

vi.

Tree survey of the subject property containing information identified in Chapter 20.60 (Landscaping and Screening).

vii.

General directions of the stormwater runoff across the subject property.

viii.

Existing county and/or municipal zoning on the subject property.

ix.

Municipal corporate boundaries within or near the subject property.

e.

A proposed land use plan drawn on a print of the topographic map for the subject property. The proposed land use plan shall contain the following information:

i.

Identification information:

(a)

Name of the proposed planned unit development.

(b)

Location of the subject property by section, township, and range or by other approved legal description.

(c)

Name and address of the planner and engineer for the planned unit development.

(d)

Name and address of the owner of the subject property the developer of the planned unit development. If the owner is a land trust, the trust beneficiaries.

(e)

Scale, north point, and date, including the date of the last revisions (if any).

ii.

Design features:

(a)

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

(b)

The location of all buildings and structures proposed for the planned unit development.

(c)

Off-street parking, loading and service areas.

(d)

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

(e)

The pedestrian circulation system, and bicycle circulation system, if applicable.

(f)

All other information necessary to clearly show the proposed elements of the planned unit development.

(g)

A landscaping planting plan, indicating the height, size, location, quantities and variety of stock to be planted.

(h)

The general architectural style, the types of building materials, the colors, and conceptual elevation drawings, for all buildings, fences, signs, and other structures.

f.

A proposed utility plan which shall be drawn on a print of the proposed land use plan. The proposed utility plan shall show the location and dimensions of all existing and proposed sanitary sewer, storm sewer, and water lines, drainage ditches, culverts, water retention areas, utility easements, and overhead utility lines, on and adjacent to the subject property. The utility plan shall be accompanied by a statement from the village engineer attesting to the capability of existing sewer systems to service the proposed plan unit development.

g.

A traffic study, if requested by the village, indicating the volume of traffic to be generated by the planned unit development and proposing any special engineering design features and/or traffic regulation devices needed to ensure efficient and safe traffic circulation to, through, and around the planned unit development.

h.

An economic impact, if requested by the village, study detailing the impact that the planned unit development will have upon the taxing bodies within which the proposed planned unit development is located. In addition, the expected number of students to be generated by any residential portion of it shall also be quantified.

i.

Market study, if requested by the village.

2.

Preliminary Plan Procedure. The procedure for approval of the preliminary plan shall be:

a.

Action by the Planning and Zoning Commission.

i.

The planning and zoning commission shall review the preliminary plan and special use at a public hearing within sixty days of receipt of a complete application. If, in the planning and zoning commission judgment, the application does not contain sufficient information to enable the planning and zoning commission to properly discharge its responsibilities, the planning and zoning commission may request additional information from the applicant. In that event, the sixty-day period shall be suspended pending receipt of all requested information.

ii.

Within sixty days of the close of the public hearing, the planning and zoning commission shall either:

(a)

Recommend approval or denial of the preliminary plan and special use, and submit its written recommendation to the village board.

(b)

Advise the applicant in writing of any recommended changes, additions or corrections to the preliminary plan. The applicant may, within thirty days, submit the revised preliminary plan for planning and zoning commission consideration at a continuation of, or at a new, public hearing. The applicant may do so without paying an additional filing fee. The planning and zoning commission shall then recommend approval or denial of the preliminary plan and special use and submit its written recommendation to the village board.

iii.

Such recommendation shall include:

(a)

Findings of fact.

(b)

Specify the reason or reasons for such recommendation or decision.

(c)

A conclusion or statement setting forth the recommendation.

(d)

Any recommended limitations or conditions.

b.

Action by the Village Board. The village board, after receipt of the recommendations from the planning and zoning commission, shall approve, approve with conditions or deny the preliminary plan and special use within sixty days following the receipt of the recommendations of the planning and zoning commission.

i.

If the preliminary plan is denied, the village board shall state in writing the reasons for the denial, and such writing shall be filed with the zoning administrator and a copy shall be sent to the applicant.

ii.

If the preliminary plan and special use is approved, the applicant shall submit a final plan for the planned unit development.

3.

Limitations.

a.

No special use application for a planned unit development, which has been denied by the planning and zoning commission or village board, shall be reconsidered for a period of one year from that date of denial.

b.

The approval of a preliminary plan shall automatically expire and be rendered void and the zoning administrator shall, without further direction, initiate an appropriate application to revoke the special use permit ordinance for all portions of the planned unit development area that have not yet been completed, if:

i.

An application for approval of a final plan has not been filed within two years, or such greater length of time as the village board may approve, after the date the village board grants preliminary plan approval.

ii.

The applicant shall in any other manner fail to comply with any condition of this title or any approval granted pursuant to it.

D.

Final Plan. Within two years following the approval of the preliminary plan, the applicant shall file with the zoning administrator a final plan containing, in final form, the information required for the preliminary plan. When a subdivision of land subject to Title 19 of the village code is proposed in connection with a planned unit development, the applicant shall file an application for approval of a final plat of the proposed subdivision simultaneously with the application for final plan approval.

1.

Final Plan Submittal.

a.

A final site plan and final plat drawn to an appropriate scale shall include the following information:

i.

Final designation of the location, ground area, height, bulk and exact dimensions of all existing and proposed buildings and structures within the planned development.

ii.

A detailed tabulation of each separate land use area, including land and building areas, and where applicable, the total number of residential dwelling units, the number of bedrooms in each unit, and the residential density.

iii.

The use or uses to be made of such existing and proposed buildings or structures.

iv.

The dimensions of all perimeter setbacks and the distances between all buildings and structures.

v.

The final location and dimensions of all pedestrian walkways, driveways, streets, parking and loading facilities, including the number of parking spaces serving each building or land use type and all parking related screening and landscaping.

vi.

The exact location and dimensions of any areas to be conveyed, dedicated or reserved for parks, parkways, playgrounds, places of worship, school sites, public buildings, or for any other public or quasi-public use.

b.

An accurate legal description of the entire zoning lot upon which the planned unit development is to be located, and a legal description of each separate subdivided parcel, including any areas to be conveyed, dedicated or reserved for public or quasi-public uses.

c.

All covenants, easements, agreements, development agreements and other provisions required to govern the use, maintenance and continued protection of the planned development, along with an agreement assuring that the applicant, any subsequent owner or, where applicable, a homeowners' association shall be responsible for all street, utility and common open space maintenance within said development and for snow plowing and refuse disposal.

d.

All plats, certificates, seals and signatures required for the dedication or vacation of land and/or the recording of the final site plan.

e.

If subdivision of the development site is included in the planned unit development, a plat of subdivision shall be prepared suitable for recording with the recorder of deeds. Such plat of subdivision shall be prepared in the same form and meet the same specifications required for a normal subdivision as prescribed in the village's subdivision regulations. In like manner, if a vacation or dedication of a public street or alley is included, a plat of vacation or dedication shall be prepared.

f.

A detailed landscape plan based on final architectural decisions indicating the specific location and character of all landscaping, including the size and species of all trees, shrubs, hedges and other groundcover, the location, size and type of all screening and fencing and the location, height, design and illumination characteristics of all external lighting fixtures within the development.

g.

A detailed utilities and drainage plan based on final architectural decisions indicating the size and location of all water distribution lines, sanitary sewers, stormwater drainage facilities, main power lines, phone lines and other utilities, including all easements, required to serve the planned development. The drainage plan shall include the manner in which surface drainage will be controlled and managed consistent with all applicable village regulations. The utilities and drainage plan will also be submitted to planning and the village engineer for review.

h.

A development and construction schedule by phase.

i.

Typical building elevations and schematic design presentations indicating the architectural character of all proposed buildings and structures based on final architectural decisions and prepared in detail.

j.

Detailed drawings and design presentations of all signs to be erected within the planned unit development.

k.

A separate schedule setting forth any proposed exceptions to any village regulations. The schedule shall include, but not necessarily be limited to, the regulations governing use, density, area, bulk, off-street parking and loading and signs as they apply to the zoning district or districts within which the planned development is to be located. This schedule shall cite by section number each regulation from which an exception is sought.

l.

A description of the public benefits and amenities to be provided.

2.

Final Plan Procedure.

a.

Action by Planning and Zoning Commission.

i.

Within sixty days after the filing of an application for approval of a final plan, the planning and zoning commission shall review the final plan in a public hearing, and transmit to the village board its recommendation on, the final plan. Such review shall consider:

(a)

Whether the final plan is in substantial conformity with the approved preliminary plan.

(b)

The merit or lack of merit of any departure of the final plan from substantial conformity with the approved preliminary plan.

(c)

Whether the final plan complies with any and all conditions imposed by approval of the preliminary plan.

(d)

Whether the final plan complies with the provisions of this zoning ordinance and all other applicable federal, state and village codes, ordinances, regulations, and other laws.

ii.

Each recommendation, as described in item iii below, of the planning and zoning commission shall include:

(a)

Findings of fact.

(b)

The reason or reasons for such recommendation or decision.

(c)

Any recommended limitations or conditions.

(d)

A conclusion or statement separate from the findings of fact setting forth the recommendation or decision.

iii.

The planning and zoning commission shall make one of the following types of recommendations to the village board in regard to the final plan:

(a)

Recommendation of approval based on substantial conformity, if the planning and zoning commission finds:

(1)

Substantial conformity between the final plan and the approved preliminary plan.

(2)

That the final plan is in all other respects complete and in compliance with any and all conditions imposed by approval of the preliminary plan.

(3)

That the final plan complies with the provisions of this zoning ordinance and all other applicable federal, state, and village codes, ordinances, regulations, and other laws.

The planning and zoning commission shall transmit the final plan to the village board with its recommendation that the village board approve the final plan, with or without modifications and conditions to be accepted by the applicant as a condition of approval. However, in no event shall such conditions of approval impair the rights granted by the preliminary plan approval.

(b)

Recommendation of approval without substantial conformity, if the planning and zoning commission finds that the final plan lacks substantial conformity to the preliminary plan but merits approval notwithstanding such lack of conformity and otherwise conforms to the requirements of this zoning ordinance, it shall transmit the final plan to the village board with its recommendation that the final plan be approved, with or without modifications and conditions to be accepted by the applicant as a condition of approval.

(c)

Recommendation of denial, if the planning and zoning commission finds that the final plan is not in substantial conformity with the approved preliminary plan and does not merit approval, or does not comply with the other conditions, laws, or criteria. The planning and zoning commission shall transmit the final plan to the village board together with its recommendation that the final plan not be approved.

b.

Action by Village Board.

i.

Within sixty days after the receipt of the recommendation of the planning and zoning commission, the village board shall:

(a)

Approve the final plan by a duly adopted ordinance.

(b)

Reject the final plan by a duly adopted ordinance or resolution.

(c)

Refer the final plan back to the planning and zoning commission for further consideration of specified matters, with or without a new hearing, as may be required.

ii.

The approval of any final plan may be granted with or without modifications and conditions to be accepted by the applicant as a condition of approval. However, in no event shall such conditions of approval impair the rights granted by the preliminary plan approval.

3.

Approval. After final plan approval, the final plan, rather than any other provision of this zoning ordinance, shall constitute the parking, loading, sign, bulk and yard regulations applicable to the subject property. Thus, the property within the planned unit development shall be used and developed only in accordance with the final plan, rather than the zoning district regulations otherwise applicable to such property.

F.

Concurrent Preliminary and Final Plan Submittal. The applicant may submit an application for approval of a final plan simultaneously with the application for approval of a preliminary plan and, in such case, the preliminary plan and the final plan may be comprised of the same document or documents. In such case, the applicant shall comply with all provisions of this zoning ordinance applicable to submission of the preliminary plan and to submission of the final plan. The planning and zoning commission and the village board shall consider such plans simultaneously and shall grant or deny, or recommend granting or denying, as the case may be, final plan approval in accordance with the provisions of this chapter.

(Ord. No. 12-09-39, § 2(5.6), 8-24-12)

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

A.

During Construction. During the construction of the planned unit development, the procedure shall be as follows:

1.

Minor Adjustments. During the development of a planned unit development, the zoning administrator may authorize minor adjustments to the final plan when such adjustments appear necessary in light of technical or engineering difficulties first discovered during actual development. Such minor adjustments shall be limited to the following:

a.

Altering the location of any one structure or group of structures by not more than twenty feet or one-fourth of the distance shown on the approved final plan between such structure or structures and any other structure or any vehicular circulation element or any boundary of the planned unit development, whichever is less.

b.

Altering the location of any circulation element by not more than twenty feet or one-fourth of the distance shown on the approved final plan between such circulation element and any structure, whichever is less.

c.

Altering the location of any open space by not more than fifty feet.

d.

Altering any final grade by not more than twenty percent of the originally planned grade.

e.

Altering the location or type of landscaping elements.

Such minor adjustments shall be consistent with the intent and purpose of this zoning ordinance and the final plan, as approved, shall be the minimum necessary to overcome the particular difficulty, and shall not be approved if they would result in a violation of any standard or requirement of this zoning ordinance.

2.

Major Adjustments. Any adjustment to the final plan not authorized by subsection (a)(1) above shall be considered to be a major adjustment and shall be granted only upon application to, and approval by, the village board. The village board, by ordinance duly adopted, may grant approval for a major adjustment without a hearing upon finding that any changes in the final plan as approved will be in substantial conformity with the final plan. If the village board determines that a major adjustment is not in substantial conformity with the final plan as approved, then the village board shall refer the request to the planning and zoning commission for public hearing and review.

B.

After Construction. After the completion of construction of the planned unit development, all changes to the final plan must be made by the village board under the procedure authorized for an amendment to an approved special use. No changes may be made in the final plan unless they are required for the continued successful functioning of the planned unit development, or unless they are required by changes in conditions that have occurred since the final plan was approved or by changes in the development policy of the village.

(Ord. No. 12-09-39, § 2(5.7), 8-24-12)

A.

After approval of the final plan of a planned unit development or any stage thereof, the zoning administrator shall review all permits issued and construction undertaken and compare actual development with the approved plans for development and with the approved development schedule. Such review and comparison shall be conducted at least annually until completion of the planned unit development.

B.

If the zoning administrator finds that development is not proceeding in accordance with the approved schedule, or that it fails in any other respect to comply with the final plan, then the zoning administrator shall notify the village board of such fact and may, if necessary to protect the public health, safety, or welfare or to prevent further violation of this zoning ordinance and the final plan, issue an order stopping any and all work on the planned unit development until such time as any noncompliance is cured.

C.

Within sixty days after notification by the zoning administrator, the village board shall either:

1.

Take such steps as it deems necessary to compel compliance with the final plan.

2.

Require the owner or applicant to seek an adjustment to the final plan during development provided as in Section 20.20.070 (Adjustments to Approved Final Plans).

D.

Failure of the village board to act within sixty days shall, unless the owner or applicant shall have cured the noncompliance within such period, render void the final plan approval as it relates to all uncompleted portions of the planned unit development, all prior plan approvals on which such final plan approval depends, and all permits based upon such approvals. The zoning administrator shall, without further direction, initiate an appropriate action to revoke the special permit for all portions of the planned unit development that have not yet been completed. Additionally, the zoning administrator shall take such other action as may be appropriate to abate the violation.

(Ord. No. 12-09-39, § 2(5.8), 8-24-12)

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

(Ord. No. 12-09-39, § 2(5.9), 8-24-12)

A.

The approval of either a preliminary plan or a final plan may be conditioned on such matters as may be necessary or desirable to prevent or minimize any possible adverse effects of the proposed planned unit development, or to ensure its compatibility with surrounding uses and development and its consistency with the general purposes, goals, and objectives of this zoning ordinance, Title 19 of the Village Code of Mundelein, and village land use policies. However, no such condition of final plan approval shall impair the rights granted by preliminary plan approval. Such conditions shall be expressly set forth in the ordinance granting the approval in question. Violation of any such condition or limitation shall be a violation of this zoning ordinance and shall constitute grounds for revocation of all approvals granted for the planned unit development.

B.

Whenever any planned unit development approval granted pursuant to this section is made subject to conditions or limitations to be met by the applicant, the applicant shall file an affidavit with the zoning administrator stating that it has complied with such conditions or limitations within thirty days after compliance therewith.

(Ord. No. 12-09-39, § 2(5.10), 8-24-12)

Building permits may only be issued if the construction work in question is in conformity with the approved final plan and with all other applicable ordinances and regulations.

(Ord. No. 12-09-39, § 2(5.11), 8-24-12)