A planned unit development (PUD) is intended to provide a means by which land can be developed or redeveloped with an emphasis on innovation, creativity and design. The planned unit development is intended to provide for developments incorporating a single type or a variety of related uses, which are planned and developed as a unit. The regulations in this article encourage the construction of creative small- to large-scale developments while providing relief from the subdivision and zoning regulations, which are designed for conventional developments. This article does not intend to promote the planned unit development solely as a tool to intensify density. Increased densities may be permitted when a planned unit development plat provides for adequate amenities and a wide range of open space opportunities that are in the general welfare of the community and consistent with the objectives of the Comprehensive Plan.

(1)

The purpose of the planned unit development is to permit:

a.

A maximum choice in the types of environment available to the public by allowing a development that would not be possible under the strict application of the other sections of this chapter.

b.

Permanent preservation of common open space and recreation areas and facilities.

c.

A pattern of development to preserve natural vegetation and topographic and geological features.

d.

A creative approach to the use of land and related physical facilities that results in better development and design and construction of aesthetic amenities.

e.

An efficient use of the land resulting in more economic networks of utilities, streets and other facilities.

f.

A land use which promotes the public health, safety, comfort, morals and welfare.

(Ord. No. 1571, § 1, 8-10-2004)

A planned unit development shall be granted as a special use in the zoning district in which it is located. The planned unit development shall be in accordance with the following procedures, and may depart from the normal procedure, standards and other requirements of the other sections of this chapter. Applications shall be made on forms provided by the village and shall be accompanied by the required plats and documents, unless waived by the village board. The application at each step shall be reviewed and certified by the planning & development administrator or designee as being in accordance with the planned unit development requirements.

(1)

Pre-application conference.

a.

Procedure: The required procedure for review of the conceptual plan shall be:

1.

Prior to the filing of an application for approval of a planned unit development, the developer shall meet informally with the sketch plan committee 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, and to obtain general information and direction from the committee relative to the comprehensive plan and long range plans of the village. The developer shall be prepared at that time to present any conceptual plans, maps, sketches or other information that may be necessary to clearly explain the proposed planned development.

2.

The sketch plan committee meeting is mandatory and requires formal application and submission of conceptual plans on forms and in the manner prescribed by rules of the village.

b.

Pre-application submission requirements: The submission for pre-application review shall include but not necessarily be limited to, the following information:

1.

General site information. Data regarding site conditions, land characteristics, available community facilities and utilities, existing covenants and other related information.

2.

Sketch plan. A drawing in simple sketch form showing the proposed location and extent of the land uses, streets, lots and other features.

3.

Legal description. A property survey and legal description of the site proposed for development.

(2)

Preliminary plat approval.

a.

Procedure: A preliminary plat of the planned unit development shall be submitted to the mayor and board of trustees, who shall refer the plat to the plan commission for public hearing, report and recommendation as to whether or not the mayor and board of trustees should issue the special use permit applied for. The required procedure for review of the preliminary plat shall be:

1.

Written application for approval of a planned unit development shall be made on forms and in the manner prescribed by rules of the village.

2.

The application shall be accompanied by a fee, which shall be established by the mayor and board of trustees.

3.

The preliminary plat and supporting data shall be in accordance with the stipulations of section 106-352 (B)(2).

4.

Hearing required; notice of hearing. The plan commission shall hold a public hearing on the application for a planned unit development, giving notice of the time and place not more than 30 and not less than 15 days before the hearing by publishing a notice thereof at least once in a newspaper published or having general circulation within the village.

5.

Review by planning and development administrator or designee. Copies of the preliminary planned unit development plat and supporting data shall be submitted to the planning and development administrator or designee for certification as to conformity with this article, recommendations, and suggestions regarding the overall design, if any.

6.

Recommendation by plan commission. Following the public hearing and review of the preliminary planned unit development plat and supporting data for conformity to this article, the plan commission shall, within 60 days, recommend approval, modification or disapproval, and the reasons therefor, or indicate why a report cannot be rendered to the mayor and board of trustees. As a condition to the approval of the preliminary plat, the plan commission shall set forth in a separate communication to the mayor and board of trustees findings of fact, in accord with section 106-358, on which it bases its approval, and describing how the proposal meets the standards of section 106-354.

7.

Decision by board of trustees. The mayor and board of trustees, after receipt of the preliminary planned unit development plat from the plan commission, shall approve, modify or disapprove the preliminary planned unit development plat. 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 plat, and arrange zoning map modifications as necessary. 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.

8.

Effect of approval. Approval of a preliminary planned unit development plat shall not constitute approval of the final plat. Rather, it shall be deemed an expression of approval of the layout submitted on the preliminary plat as a guide to the preparation of the final plat which will be submitted for approval by the village and subsequent recording upon the fulfillment of the requirements of this article and conditions of the preliminary approval, if any. The final plat shall be approved as the final land use and zoning plat if it conforms to the preliminary land use and zoning plat. The preliminary and final plat may be filed and approved simultaneously, or the final plat may be filed and approved without a preliminary plat if all of the land is to be developed at one time, and if all requirements of this article are met. No building permit shall be issued for any structure until after the approval of the final plat.

b.

Preliminary plat submission requirements: The submission for preliminary planned unit development plat approval shall include, but not necessarily be limited to, the following information:

1.

Detailed plan. A drawing of the planned unit development, which shall be prepared at a scale of not less than one inch equals 100 feet and shall show such designations as proposed streets (public and private), all buildings and their use, common open space, recreation facilities, parking areas, service areas and other facilities to indicate the character of the proposed development. The submission may be composed of one or more sheets and drawings and shall include, but not be limited to:

(i)

Boundary lines: Bearing and distances.

(ii)

Easements: General location, width and purpose.

(iii)

Streets on and adjacent to the tract: Street name, right-of-way width, existing or proposed centerline elevations, pavement type, walks, curbs, gutters, culverts, etc.

(iv)

Utilities on and adjacent to the tract: Location, size and invert elevation of sanitary, storm and combined sewers; location and size of water mains; location of gas lines, fire hydrants, electric and telephone lines and streetlights; and direction and distance to and size of nearest useable water mains and sewers adjacent to the tract, showing the invert elevation of sewers.

(v)

Ground elevations on the tract: For land that slopes less than 0.5 percent, showing one-foot contours; showing spot elevations at all breaks in grades, along all drainage channels or swallows, and at selected points not more than 100 feet apart in all directions; and for land that slopes more than 0.5 percent, showing two-foot contours.

(vi)

Subsurface conditions on the tract, if required by the plan commission or village board: Location and results of tests made to generally ascertain subsurface soil, rock and groundwater conditions; depth to groundwater unless test pits are dry at a depth of five feet; and location and results of soil percolation tests if individual sewage disposal systems are proposed.

(vii)

Other conditions on the tract: Watercourses, floodplains, marshes, rock outcrops, wooded areas, isolated preservable trees six inches or more in diameter, houses, barns, accessory buildings and other significant features.

(viii)

Other conditions on adjacent land: Approximate direction and gradient of ground slope, including any embankments or retaining walls; character and location of major buildings, railroads, power lines, towers and other nearby nonresidential land uses or adverse influences; owners of adjacent unplatted land; for adjacent platted land refer to the subdivision plat by name and show approximate percent built up, typical lot size and dwelling size.

(ix)

Zoning: Zoning on and adjacent to the tract.

(x)

Proposed public improvements: Highways or other major improvements planned by public authorities for future construction on or near the tract.

(xi)

Open space: All parcels of land intended to be dedicated for public use or reserved for the use of all property owners, with the purpose indicated.

(xii)

General location of buildings: General location, purpose and height, in feet or stories, of each building other than single-family residences on individually platted lots.

(xiii)

Map data: Name of development, north point and scale, date of preparation and acreage of site.

(xiv)

Miscellaneous information: Such additional information as may be required by the plan commission or village board.

2.

Character of development. Explanation of the character of the planned development and the manner in which it has been planned to take advantage of the flexibility of the regulations in this article.

3.

Ownership. Statement of present and proposed ownership of all land within the project, including present tract designation according to official records in offices of the county recorder.

4.

Names and addresses of persons to be sent notice of hearings. The names and addresses of the persons to whom the notice of the hearing to be held by the plan commission shall be sent (the subdivider, the designer of the subdivision, and the owners of the land within 250 feet of the land to be subdivided).

5.

Development schedule. A development schedule indicating the following:

(i)

The schedule shall include the stages in which the project will be built, with emphasis on area, density, use and public facilities such as open space to be developed with each stage. Overall design of each stage shall be shown on the plat and through supporting graphic material.

(ii)

The schedule shall include the estimated dates for beginning and completion of each stage.

(iii)

If different land use types are to be included within the planned unit development, the schedule must include the mix of uses to be built in each stage.

6.

Proposed covenants. Proposed agreements, provisions or covenants which will govern the use, maintenance and continued protection of the planned development and any of its common open space.

7.

Density. Information on the density of residential uses and the number of dwelling units by type.

8.

Nonresidential uses. Information on the type and amount of ancillary and nonresidential uses in a residential development.

9.

Service facilities and off-street parking facilities. Information on all service facilities and off-street parking facilities.

10.

Architectural plans. Preliminary architectural plans for all primary buildings, which shall be submitted in sufficient detail to permit an understanding of the style of the development, the design of the buildings, and the number, size and type of dwelling units.

11.

Facilities plans. Preliminary plans for:

(i)

Roads, including classification, width of right-of-way, width of pavement, and typical construction details.

(ii)

Sanitary sewers.

(iii)

Water supply system.

(iv)

Lighting program.

12.

Economic feasibility study. An economic feasibility study of the proposed development, including information on land utilization and marketing potential.

13.

School impact study. Information on the projected student load and financial impact on the local school districts.

14.

Village ordinance report. A listing and description of the modifications, exceptions and variances from village zoning ordinance, subdivision code and other municipal codes which are being requested as part of the application for establishment of the planned unit development.

(3)

Final plat approval.

a.

Procedure: The purpose of the final plat is to designate with particularity the land subdivided into conventional lots, as well as the division of other lands, not so subdivided, into common open areas and building sites. The preliminary planned unit development plat shall generally locate buildings, whereas the final planned unit development plat shall show the exact location of each building. All streets and easements shall be shown on the final planned unit development plat. The final planned unit development plat shall conform substantially to the preliminary plat as approved, and if desired by the developer it may be submitted in stages, with each stage reflecting the approved preliminary plat which is proposed to be recorded and developed; provided, however, that such portion conforms to all requirements of this article. The required procedure for approval of a final plat shall be as follows:

1.

Submission of final plat. A final planned unit development plat and other supporting data required for approval shall be submitted to the plan commission in accordance with the provisions of section 106-352(c)(2). The final plats must be submitted for approval in accordance with agreed-to scheduling, but not later than one year from the approval of the preliminary plat; if this is not done, the plan commission shall initiate such zoning changes as it deems necessary to preserve the public interest. Final plats and supporting data shall show in detail the design, location and use of all buildings and overall land development as well as such additional information as the plan commission or village board may require.

2.

Review by planning and development administrator or designee. The final plat and supporting data shall be submitted to the planning and development administrator or designee for certification that the final plat is in conformity with this article and in agreement with the approved preliminary plat.

3.

Recommendation by plan commission. After review of the final plat, the plan commission shall, within 90 days, recommend approval or disapproval, and the reasons therefor, to the mayor and board of trustees.

4.

Decision by board of trustees. The mayor and board of trustees, after receipt of the final plat from the plan commission, shall approve or disapprove the final plat and shall pass an ordinance authorizing the planned unit development as a special use and allowing the issuance of a zoning certificate and all other necessary permits. Permits are to be issued only after the final planned unit development plat and supporting data have been recorded with the recorder of deeds, and shall be issued in full conformance with article II of this chapter.

5.

Recording of final plat.

(i)

The ordinance authorizing construction of the planned unit development shall be effective only upon recording of the final planned unit development plat and supporting data with the county recorder of deeds. No permit allowing construction of a building or other development shall be granted until the final plat has been recorded as required and proof of filing is provided to the village.

(ii)

The recording of the final plat shall inform all who deal with the planned unit development of the restrictions placed upon the land and act as a zoning control device.

6.

Construction schedule. The mayor and board of trustees shall consider the planned unit development subject to revocation if construction falls more than two years behind the schedule filed with the preliminary plat. Extensions in the building schedule may be granted by the village board.

b.

Final plat submission requirements: The submission for final plat approval shall include but not necessarily be limited to, the following information:

1.

Final detailed plan. A final planned unit development plat, suitable for recording with the county recorder of deeds, shall be prepared. The purpose of the planned unit development plat is to designate with particularity the land subdivided into conventional lots, as well as the division of other land, not so treated, into common open areas and building areas. The final planned unit development plat shall include but not be limited to:

(i)

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

(ii)

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

(iii)

An accurate legal description of each separate unsubdivided use area, including common open space.

(iv)

Designation of the exact location of all buildings to be constructed.

(v)

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

(vi)

Tabulations on separate unsubdivided use areas, including land area, number of buildings, number of dwelling units and dwelling units per acre.

2.

Common open space documents. All common open space shall be either conveyed to a municipal or public corporation, conveyed to a not-for-profit corporation or entity established for the purpose of benefiting the owners and residents of the planned development, or retained by the developer with legally binding guarantees, in a form approved by the village attorney, that the common open space will be permanently preserved as open area. All land conveyed to a not-for-profit corporation or like entity shall be subject to the right of the corporation to impose a legally enforceable lien for maintenance and improvement of the common open space.

3.

Construction of public facilities. All public facilities and improvements made necessary as a result of the planned unit development shall be secured by a letter of credit or bond acceptable to the village and constructed in advance of any building permit being issued for any buildings in the planned unit development.

4.

Deposit guaranteeing public facility installations. A deposit shall be made to the village in cash or a maintenance bond equal to 15 percent of the estimated cost of public facility installations. This deposit shall be a guarantee of satisfactory performance of the facilities constructed within the planned unit development and shall be held by the village for a period of 18 months after completion of said public facility installations. After such 18 months, the deposit shall be refunded if no defects have developed, or, if any defects have developed, then the balance of such deposit shall be refunded after reimbursement for the amount expended in correcting defective facilities.

5.

Certificate regarding delinquent taxes. A certificate shall be furnished from the county collector that (s)he finds no delinquent taxes and that all special assessments constituting a lien on the whole or any part of the property of the planned unit development have been paid.

6.

Covenants. Final agreements, provisions or covenants which will govern the use, maintenance and continued protection of the planned unit development shall be submitted.

7.

Other information and data. Village staff, plan commission or village board may require other information for full and complete consideration of the planned unit development.

(Ord. No. 1571, § 1, 8-10-2004)

The planned unit development project shall be developed only according to the approved and recorded final plat and all supporting data. The recorded final plat and supporting data, together with all recorded amendments, shall be binding on the applicants and their successors, grantees and assigns and shall limit and control the use of the premises and location of structures in the planned unit development project as set forth therein.

(1)

Major changes. Changes which alter the concept or intent of the planned unit development, including increases in density, increases in the height of buildings, reductions of proposed open space, changes in the development schedule, changes in road standards, changes in the final governing agreements, provisions or covenants or other changes, may be approved only by submission of a new preliminary plat and supporting data and following the preliminary approval steps and subsequent amendment of the final planned unit development plat. All changes to the final plat shall be recorded with the county recorder of deeds as amendments to the final plat or reflected in the recording of a new "corrected" final plat.

(2)

Minor changes. The village planning and development administrator or designee may approve minor changes, errors or omissions in the planned unit development which do not change the concept or intent of the development, without going through the preliminary approval steps. Minor changes shall be any change not defined as a major change.

(Ord. No. 1571, § 1, 8-10-2004)

All planned unit developments must meet the following standards:

(1)

Conformance with comprehensive plan. A planned unit development must conform to the intent and spirit of recommendations of the comprehensive plan.

(2)

Ownership and size of site. The site of the planned unit development must be under single ownership and/or unified control.

(3)

Compatibility of uses with surrounding property. The uses permitted in a planned unit development must be of a type and so located as to exercise no undue detrimental influence upon surrounding properties.

(4)

Need. The uses proposed in the development are necessary or desirable, and the need for such uses has been clearly demonstrated.

(5)

Public services and facilities. The proposed development will not impose an undue burden on public facilities and services, such as sewer and water systems, police and fire protection.

(6)

Construction schedule. The proposed development can be substantially completed within the period of time specified in the construction schedule submitted by the developer.

(7)

Dedication. The planned unit development shall provide for the dedication of land for park and recreational purposes and land for school sites or a cash contribution in lieu of actual land dedication or a combination of both all in accordance with village ordinances.

(8)

Space between buildings. The minimum horizontal distance between buildings shall be:

a.

15 feet between clustered or "zero lot line" single-family one-story, two-story and 2-½-story detached dwellings.

b.

Twenty feet between one-story, two-story and 2-½-story single-family detached dwellings.

c.

Thirty feet between buildings, other than single-family detached dwellings, of one, two or 2-½-stories in elevation.

d.

Equal to the height of the taller buildings in the case of freestanding buildings greater than 2-½-stories in elevation.

e.

In circumstances where the village board of trustees, acting upon the recommendation of the plan commission, in reviewing a planned unit development plat, may, upon ample evidence of exceptional design or construction features, which are deemed both architecturally and environmentally superior, include the provision of an inordinate amount of amenities, are in strict compliance with village building, fire, health and other applicable codes, and/or contribute to the increased health, safety and welfare of existing and future residents of the village, may lower the required space between buildings of the planned unit development from the standard required subsections (1) through (4) above, the extent deemed appropriate in direct relationship to the exceptional architecturally and environmentally superior design and construction features.

(9)

Yards and setbacks.

a.

The required yards along the periphery of the planned unit development shall be at least equal in width or depth to that of the adjacent zoning district.

b.

Buildings of more than 24 feet in height shall provide a setback from any property line of not less than equal to the height of such buildings.

c.

In circumstances where the village board of trustees, acting upon the recommendation of the plan commission, in reviewing a planned unit development plat, may, upon ample evidence of exceptional design or construction features, which are deemed both architecturally and environmentally superior, include the provision of an inordinate amount of amenities, are in strict compliance with village building, fire, health, and other applicable codes, and/or contribute to the increased health, safety and welfare of existing and future residents of the village, may lower the required yards along the periphery of the planned unit development from the standard required in the adjacent zoning district to the extent deemed appropriate in direct relationship to the exceptional architecturally and environmentally superior design and construction features.

10.

Parking requirements. Adequate parking shall be provided for in accordance with the requirements found in other sections of this chapter, unless lesser parking is recommended by the plan commission and approved by the village board.

11.

Entrances and exits. Adequate provision shall be made to provide ingress and egress so designed as to minimize traffic congestion on the public streets.

12.

Density. The density of any planned unit development shall not exceed by more than 20 percent the base density specified by the comprehensive plan for the area in which the planned unit development is located. Density bonuses shall be allowed when adequate amenities and a wide range of open space opportunities are provided. Land within the planned unit development which is used for open space may be included as gross area for calculations of density.

13.

Exceptions from general standards. The planned unit development may depart from strict conformance with the required density, dimension, area, bulk, use and other regulations for the standard zoning districts and other provisions of this chapter to the extent specified in the preliminary land use and zoning plat and documents authorizing the planned unit development, so long as the planned unit development will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare, and provides for adequate amenities and a wide range of open space opportunities.

(Ord. No. 1571, § 1, 8-10-2004)

A residential planned unit 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 development standards and criteria set forth in the general provisions for all planned unit developments and complies with the provisions set forth hereinafter.

(1)

Permitted uses:

a.

Dwelling units in detached, semi-detached, attached, clustered or multi-storied structures, or combination thereof.

b.

Commercial uses, where such uses are scaled primarily to serve the residents of the planned unit development, such as retail sales, personal service establishments, professional offices and banking facilities.

c.

Schools, public and private recreational facilities, institutional uses and day care centers.

d.

Other uses which are recommended by the plan commission and approved by the village board as being compatible with other uses proposed in the planned unit development.

(2)

Residential density and development standards:

a.

The density of any residential planned unit development shall not exceed the base density specified by the comprehensive plan for the area in which the planned unit development is located, except the plan commission may recommend and the village board may grant an increase in density up to but not more than 20 percent, provided the proposed development provides additional open space and amenities to compensate for the increased density. Land within the planned unit development which is used for open space may be included as gross area for calculations of density. The plan commission, in making this determination, shall take into consideration:

1.

The physical characteristics of the site and its relationship with the surrounding neighborhood that may make increased densities appropriate in the particular location.

2.

The location, design and type of dwelling units proposed. The following recommendations shall be taken into consideration:

(i)

Provide and preserve attractive views from major vantage points, especially from major thoroughfares and residential neighborhoods.

(ii)

Avoid regular spacing and building placements that will be viewed as continuous walls from important vantage points.

(iii)

Avoid unbroken facades longer than 50 feet.

(iv)

Avoid unarticulated and monotonous building facades and window placement.

(v)

Provide a variety of building heights and roofline articulation.

(vi)

Use materials and building treatments that reduce the visibility of buildings from distant vantage points and are compatible with backgrounds and surroundings.

(vii)

Use materials and colors compatible with other quality buildings of similar scale in the area.

3.

The amount, location and proposed use of common open space.

4.

The provision of unique design features, such as golf courses, lakes, swimming pools, underground parking and other similar features within the planned unit development, which require unusually high development cost and which achieve an especially attractive and stable environment.

b.

When a planned unit development is proposed within a single-family residential zone, 70 percent of all dwelling units proposed within that zone shall be intended for single-family occupancy. For the purpose of this section, a townhouse shall be considered a single-family dwelling.

c.

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 8,750 square feet in area, and for single-family attached and semi-attached dwelling units not less than 3,500 square feet of lot area per dwelling.

d.

Nonresidential or local commercial type uses (limited to those permitted in the C-1 Neighborhood Shopping District) may be included as part of a planned unit development when the plan commission and village board find that:

1.

Such commercial uses are beneficial to the overall planned development and will not be injurious to adjacent or neighboring properties.

2.

Such uses are not available within reasonable proximity of the subject area.

3.

Such uses are gauged primarily for the service and convenience of the residents of the subject area.

4.

Such uses are designed as a unit of limited size and made an integral part of the proposed planned unit development.

e.

Combination of commercial and multiple-family residential uses in one structure may be permitted provided that the commercial uses are limited to personal services and convenience type uses intended solely for the purpose of serving those residing in the multi-family complex; and no businesses are permitted on the same floor or above a floor used for residential purposes.

f.

Ten percent of the gross land area of a planned unit development or a minimum of 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 200 square feet for each efficiency and one bedroom unit, 350 square feet for each two bedroom unit, and 550 square feet for each unit containing three or more bedrooms.

When private open space is provided within a planned unit development, such open space shall not be computed as part of the minimum lot area, or any required yard, or any other structure. Open space proposed for either dedication to the public or common ownership by the residents of the planned unit 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 but not limited to children's informal play in close proximity to individual dwelling units according to the concentration of dwellings, formal parks, picnic areas, playgrounds and areas of formal recreational activities such as tennis, swimming, golf, etc.

g.

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 storm waters, prevent erosion and formation of dust.

(3)

Site and structure requirements:

a.

All streets within a residential planned unit development shall be dedicated public streets except as otherwise recommended by the plan commission and approved by the village board. The road width standards set forth in the subdivision code may be reduced when it can be shown than any reduction will not cause any unsafe or hazardous conditions and will be able to handle all anticipated traffic loads.

b.

Access and circulation shall adequately provide for fire fighting equipment, furniture moving vans, delivery trucks, refuse collection and snow removal.

c.

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 and village board, 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.

d.

At least four off-street parking spaces shall be provided for each dwelling unit, except as may be otherwise recommended by the plan commission and approved by the village board. Such parking shall be provided convenient to all dwelling units (not more than 300 feet from the dwelling unit that it is intended to serve).

e.

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.

f.

No dwelling unit shall be situated so as to face the rear of another dwelling unit unless adequate landscaping is provided to create a visual separation.

g.

Not more than six dwelling units shall be permitted in a single-family attached building. "Single-family attached building" is defined as a building containing two 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.

(Ord. No. 1571, § 1, 8-10-2004)

In addition to the development standards and criteria set forth in the general provisions for all planned unit developments, planned commercial developments shall comply with the standards and criteria set forth hereinafter.

(1)

Permitted uses:

a.

Uses permitted in a commercial planned unit development shall be prescribed by the plan commission and village board and may include uses not permitted by the use regulations of the district in which said development is located; however, the plan commission and village board 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)

Commercial development standards:

a.

A commercial planned unit development may be proposed for a single zoning lot or lots falling within any commercial 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.

b.

Buildings and structures shall not cover more than 30 percent of the lot area.

c.

At least ten percent of the total lot area of the planned unit development shall be provided for landscape purposes. The planned unit development shall comply with all regulations specified in the village landscape ordinance.

d.

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.

e.

Off-street parking shall be in accordance with the applicable regulations set forth in article VI of this chapter, unless the plan commission recommends and the village board requires additional or fewer off-street parking spaces.

f.

Where a combination of uses is planned, additional off-street parking spaces shall be provided unless the plan commission and village board determine that individual parking spaces may adequately serve two or more uses by reasons of the hours of operation of such uses.

g.

Ingress and egress shall be designed so as to minimize traffic congestion in the public streets, as well as the interior parking areas.

h.

All commercial planned unit developments shall provide for underground installation of utilities.

i.

Outside lighting shall be designed and placed so as not to be disturbing to adjacent residential areas.

(Ord. No. 1571, § 1, 8-10-2004)

In addition to the development standards and criteria set forth in the general provisions for all planned unit developments, planned industrial developments shall comply with the standards and criteria set forth hereinafter.

(1)

Permitted uses:

a.

Uses permitted in an industrial planned unit development shall be prescribed by the plan commission and village board and may include uses not permitted by the use regulations of the district in which said development is located; however, the plan commission and village board 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)

Industrial development standards:

a.

An industrial planned unit development may be proposed for any land located within an industrial district or in an area designated for industrial uses 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 park-like setting.

b.

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.

c.

Open outdoor storage shall be prohibited unless it is recommended by the plan commission and approved by the village board.

d.

Off-street parking and loading space shall be in accordance with the applicable regulations set forth in article VI of this chapter.

e.

All industrial planned unit developments shall provide for underground installation of utilities.

f.

Building construction and design shall be used to create a structure with four 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. No. 1571, § 1, 8-10-2004)

The plan commission shall provide findings of fact setting forth the reasons for the recommendation regarding a planned unit development, and such findings shall set forth with particularity in what respect the proposal would be in the public interest, including but not limited to findings of fact on the following:

(1)

In what respect the proposed plan is consistent with the stated purpose of the planned unit development regulations.

(2)

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

(3)

The extent to which the proposed plan departs from the zoning and subdivision regulations otherwise applicable to the subject property, including but not limited to the density, dimension, area, bulk and use, and the reasons why such departures are deemed to be in the public interest.

(4)

The physical design of the proposed plan and the manner in which the design makes adequate provision for public services, provides adequate control over vehicular traffic, provides for and protects designated common open space, and furthers the amenities of light and air, recreation and visual enjoyment.

(5)

The relationship and compatibility of the proposed plan to the adjacent properties and neighborhood.

(6)

The desirability of the proposed plan to the physical development, tax base and economic well-being of the entire community.

(7)

The conformity with the intent and spirit of the comprehensive plan.

(Ord. No. 1571, § 1, 8-10-2004)

Prior to the granting of approval for any planned unit development, the plan commission may recommend, and the village board may stipulate, such conditions and restrictions upon the establishment, location, design, layout, height, density, construction, maintenance, aesthetics, operation and other elements of the planned unit development as deemed necessary for the protection of the public interest, improvement of the development, and protection of the adjacent area, and to secure compliance with the standards specified in section 106-354. In all cases in which planned unit development approvals are granted, the village board shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being, and will be, complied with.

(Ord. No. 1571, § 1, 8-10-2004)