1. Planned developments are of such substantially different character from other special uses that specific and additional standards and exceptions are hereby established to govern the actions of the Plan Commission and Village Board.
   1. General Purpose. A planned development is a privilege to be earned and not a right which can be claimed simply upon complying with all the standards established in this Article. The Plan Commission and Village Board may require any reasonable conditions or design considerations, which will promote proper development of benefit to the community. It is not intended that the Village Board automatically grant the maximum use exceptions or density increase in the case of each planned development. The Plan Commission shall recommend and Village Board may grant only such increase or latitude, which is consistent with the benefit accruing to the Village as a result of the planned development. As a condition for approval, each planned development must be generally compatible with the character and objectives of the zoning districts within which it is located, and each planned development shall be consistent with the objectives of the Village’s Comprehensive Land Use Plan.
   2. Specific purposes of the planned development procedure are:
      1. Residential Planned Development. To offer recreational opportunities close to home and to enhance the appearance of neighborhoods by the conservation of streams and points of natural beauty. To add to the sense of spaciousness through the preservation of natural areas and open spaces, to counteract the effects of urban monotony and congestion in the streets and to encourage cooperative relationships between neighbors and participation by all age groups in the use and care of local open space tracts in new residential subdivisions. To promote appropriate architecture between adjacent dwellings or institutional buildings, and to encourage the placement of structures in proper relationship to the natural characteristics of the site, including cluster development, where appropriate.
      2. Office or Business Planned Development. To promote the cooperative development of office or business centers each with adequate off-street parking, to control access points on thoroughfares and to separate pedestrian and automobile traffic. To aid in stabilizing property values and to develop centers of size and location compatible with the market potential, to buffer adjacent residential area with landscaped transition areas and to encourage harmonious architecture between adjacent commercial structures and between dwellings and commercial structures. Business planned developments could include general or professional offices as well as retail and service uses.
      3. Office Research and Manufacturing Planned Development. To promote the establishment of research and manufacturing parks, to permit groups of manufacturing buildings with integrated design and coordinated physical plan, to encourage recreational facilities within manufacturing areas and to buffer adjacent residential areas with landscaped green spaces. To this extent office research and manufacturing planned developments will seek “campus like” settings for employment and manufacturing and uses which meet basic recreation and service needs.
         
         Because the Village has planned for future employment areas proximate to residential areas, the Village will carefully evaluate proposed recreational and open space systems and bicycle and pedestrian system connections within and areas surrounding the planned development to ensure system continuity.
2. It is the further purpose of the planned development provisions which follow to promote efficient land use patterns which preserve trees, wetlands and other natural resources; provide site amenities; and secure large parcels of permanent open space, characteristic of Newark’s existing semi-rural environment.
3. These provisions are intended to encourage and accommodate more creative and imaginative design for land development than would otherwise be possible under the strict application of Newark’s Zoning and Subdivision Ordinance provisions.
4. Implementation of this Article will result in efficient land use patterns and, therefore, more economical land development, that:
   1. Fosters high-quality development by allowing flexibility in land use and design standards, thereby encouraging innovative site planning;
   2. Promotes more efficient land use patterns, which not only preserve open space and natural resources, but also provide for more economical networks of utilities, streets and other facilities, using traditional neighborhood development and/or smart growth objectives;
   3. Promotes diverse, high-quality environments.
   4. Promotes a land use pattern with a mixture of residential and nonresidential uses that will mutually support each other;
   5. Provides for the permanent preservation of open space and agricultural lands for the continued use and enjoyment of residents of each subdivision and the Village;
   6. Provides for usable and suitably located public and private recreational facilities;
   7. Encourages developers to provide amenities that enhance the quality of life, both within the planned development, as well as within the community as a whole; and
   8. Encourages a land use pattern, which promotes the public health, safety, comfort, morals and welfare.
   9. Allows more than one building per zoning lot, when determined to be of benefit to residents of a subdivision or the operation of a mixed use or business planned development.
      

The following definitions shall apply to planned developments:

"Apartment, Low-Rise." An apartment building containing not more than three stories.

"Business." For the purposes of this Article, business shall be defined as retail commercial, office or service uses.

"Cluster Subdivision." A single-family residential subdivision, consisting of three (3) or more residential lots, in which the individual lots are clustered, grouped, or arranged so as to achieve a more flexible site design for the purpose of:

1. Providing more usable open space; and
2. Protecting sensitive natural areas and features.

"Density, Gross." The number of dwelling units per acre devoted to residential land development, including streets, street rights-of-way and open space.

"Density, Net." For the purpose of determining the number of units per acre in a planned development for net density calculation, lot area shall be included, but not streets, street rights-of-way, or open space.

"Dwelling Attached." A one-family dwelling attached to two or more one-family dwellings by common vertical walls.

"Dwelling, Multi-Family." A dwelling containing more than two living units.

"Dwelling House, Zero Lot Line." A one-family dwelling on an individual lot with open space setbacks on three sides, also known as a Patio-House.

"Dwelling, Quadruplex." Four attached dwellings in one structure, in which each unit has two open space exposures; shares on or two walls with an adjoining unit or units; and has a main entry at the ground level.

"Dwelling, Single-Family." A building containing one dwelling unit.

"Dwelling, Single-Family Detached." A dwelling which is designed for, and occupied by not more than one family, and surrounded by open space or yards, and which is not attached to any other dwelling by any other means.

"Dwelling Townhome." A one-family dwelling in a row of at least three such units, in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more common fire resistant walls.

"Dwelling, Two-Family." A structure on a single lot containing two dwelling units, each of which is totally separated from the other by an unpiecered wall extending from ground to roof or an unpiecered ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell, exterior to both dwelling units. Also known as a duplex.

"Development." An ordinance adopted by the Village Board, upon completion of Ordinance: both preliminary and final development plan or subdivision approvals, which includes graphics and other support documentation upon which Village Board approval is based. The development ordinance shall specify conditions of approval established by the Village Board, if any.

"Multi-Family Development." A residential subdivision where each structure contains two or more dwelling units.

"Plan Review Committee." The group that meets with a petitioner during the pre-application review stage of the zoning and site plan approval process. The committee shall include Village staff and its consultants and other corporate officials as determined necessary by the Village President for a full review of the proposed planned development.

"Plan." A drawing of a tract of land that contains information related to a proposed development.

"Planned Development." A parcel of land under single ownership or unified control, for which the specific requirements of the underlying zoning district, may be modified when:

1. The proposed development offers benefits to the neighborhood and/or community beyond those required by the provisions of the Zoning Ordinance; and/or
2. The proposed use of land incorporates substantial amenities not otherwise required. This includes, but is not limited to:
   1. Open space and greenbelts;
   2. Recreational facilities; and
   3. Specific design, engineering, architectural, site, planning or landscape features.

A planned development includes a program for the provision, operation and maintenance of such areas, facilities and improvements which will be for the use of the residents of the planned development and/or community.

"Unified Control." The combination of two (2) or more tracts of land, wherein each owner has agreed that his or her tract shall be developed as part of a planned development, and shall be subject to all control applicable to, and adopted for the planned development.

"Village Board." Board of Trustees of the Village of Newark, Illinois.

1. Planned developments are of such substantially different character from conventional subdivisions or development on individual zoning lots and, therefore, require administrative processing as special uses, under the provisions of Article 21-20, Administration and Enforcement, Section 21.2012 of this Zoning Ordinance which shall be heard by the Plan Commission.
2. Because planned developments are complex and of a different character than other special uses, the Village has established more specific procedures and standards, and criteria for exceptions from regulations of the underlying zoning district than those included in Article 21-20, Administration and Enforcement, Section 21.2012. Procedures, standards and criteria for exceptions, which follow, are intended to guide the recommendations of the Plan Commission and Village Board during their review of preliminary and final plans.
   

Planned developments may include uses and structures not otherwise permitted in the underlying zoning district, provided landscape screening is provided between dissimilar land uses, and the petitioner shows that the planned development accomplishes the standards set forth in this Article, achieves the planning goals and objectives of the Village of Newark, as defined in the Comprehensive Land Use Plan, and is compatible with adjacent land uses.

1. Residential Planned Developments.
   1. A residential planned development may be processed for only one type of dwelling unit, but is intended to also allow a mixture of dwelling unit types, thereby offering a choice in lifestyle to residents of the development. Non-residential land uses of a religious, institutional, cultural, recreational, or commercial character may be permitted in a residential planned development, to the extent that they can be integrated with the residential land use. Where provided, non-residential use in a residential planned development shall be compatible in appearance and scale with the residential structures. They shall not be established prior to construction of residential developments, unless specifically authorized by the Plan Commission and the Village Board.
   2. Residential developments shall be processed as planned developments when any of the following apply:
      1. More than one dwelling unit type is proposed in a R-E, R-R, R-1 or R-2 district. For the purpose of this Article, dwelling unit types shall mean:
         1. Single-family detached
         2. Townhome
         3. Two-family, or duplex
         4. Quadruplex
         5. Apartment, Low-Rise
      2. More than one principal building is proposed on a zoning lot.
      3. More than one land use is proposed for the development.
      4. A cluster subdivision, as defined in this Article, or zero lot line subdivision is proposed.
      5. A multi-family development in the R-3 District consisting of ten (10) or more acres, is proposed.
2. Commercial Planned Developments.
   1. Commercial planned developments may include any of the permitted or special uses listed in Article 21-8, Business Districts, provided it can be demonstrated that the uses proposed are compatible with one another and with adjacent land uses. Commercial developments shall be encouraged to be processed as planned development in order to:
      1. Promote cooperative development of business centers with adequate off street parking, controlled access to highways and other thoroughfares.
      2. Separate pedestrian and vehicular traffic.
      3. Aid in stabilizing property values.
      4. Develop centers of size and location compatible with the market potential.
      5. Buffer adjacent residential areas with landscape screening.
      6. Foster harmonious architecture between adjacent commercial structures, and between homes and commercial structures.
      7. Promote unified signage.
      8. Develop design guidelines based on traditional neighborhood design principals.
   2. Commercial developments shall be processed as planned developments when any of the following apply:
      1. More than one building is proposed on a zoning lot.
      2. Uses listed as permitted or special uses in the C-M, Commercial Manufacturing District are proposed in addition to permitted and special uses listed in the B-l, B-2 and B-3 Business Districts.
      3. Development is three (3) or more acres in area, and includes more than one type of business use, such as retail, office and/or service uses.
      4. A commercial development includes residential dwelling units with the exception of the Downtown Business District, B-l.
   3. Commercial planned developments shall comply with all standards of development identified in Article 21-13, Site Development Requirements, Section 21.1303 of this Ordinance.
3. Manufacturing Planned Developments.
   1. A Manufacturing planned development may include any of the permitted or special uses listed in Article 21-9, C-M, Commercial Manufacturing District or Article 21-10, M-1, Manufacturing District, provided it can be demonstrated that the uses proposed are compatible with one another and with adjacent land uses. All manufacturing developments shall be encouraged to be processed as planned developments in order to:
      1. Promote the establishment of manufacturing parks;
      2. Permit the grouping of manufacturing buildings with integrated design and a coordinated development plan;
      3. Buffer adjacent areas with landscape screening.
   2. A proposed Manufacturing development shall be processed as a planned development when any of the following apply:
      1. The development consists often (10) or more acres.
      2. More than one building is proposed on a zoning lot.
      3. Uses listed as permitted or special uses in the C-M, Commercial Manufacturing District are proposed in addition to permitted and special uses listed in the M-l, Manufacturing District.
      4. The planned development includes other commercial or other support services that warrant special consideration by the board to assure that potential hazards associated with integrating large trucks and customers or employees in motor vehicles are minimized.
   3. Manufacturing planned developments shall comply with all standards of development identified in Article 21-13, Site Development Requirements, Section 21.1303 of this Zoning Ordinance.
      

1. General.
   1. Development controls, as set forth in the Zoning Ordinance, may restrict imaginative development. Therefore, it is the intent of these provisions to permit review of integrated site proposals on their own merits, where they afford the Village amenities and benefits which enhance the quality of life due to unified planning and design. In this regard, the bulk and use regulations of any district as set forth in this chapter may be varied as part of any Planned Development approval. Variations from the bulk and use regulations requested by the Applicant as set forth in this chapter shall be evaluated by the Plan Commission as part of the Planned Development approval process. In evaluating said variations, the Plan Commission shall incorporate and apply those standards normally applied by the Zoning Board of Appeals as set forth in Section 21.2010(E) of this chapter.
   2. These provisions are not intended, and shall not be used, as a means to circumvent the procedures or standards of the Zoning and Subdivision Control Ordinances, and thereby allow a lower standard of development than otherwise permitted under the strict interpretation of these codes. Rather, they are intended to take advantage of particular site characteristics, to increase the flexibility and originality of design in large-scale projects, to provide more open space and recreational opportunities than would otherwise be required, to promote the protection of high-quality natural resource, and to establish better transactions between dissimilar land uses.
   3. The unique characteristics of the area, and the uniqueness of the approach to development, will determine the degree of flexibility afforded from regulations of the underlying zoning district.
2. Standards. Unless otherwise recommended by the Plan Commission and approved by the Village Board, the following standards shall apply. The Plan Commission may recommend exceptions from these standards when determined appropriate to achieve one of the objectives of Section 21.1201, above:
   1. Ownership. The proposed planned development shall be under the unified control of the petitioner.
   2. Comprehensive Plan. The proposed planned development shall strive to conform to the land uses, intent, and spirit of the Comprehensive Plan and other planning objectives established for the Village of Newark.
   3. Compatibility. Uses permitted in a planned development shall be compatible with surrounding land uses.
   4. Subdivided. Unless otherwise approved by the Village Board, only one principal building shall be constructed per parcel. Preliminary and final plats of subdivision shall be required in accordance with procedures set forth in the Village’s Subdivision Code, as may be amended from time to time.
   5. Yards. The required yards along the periphery of a planned development shall be at least equal in depth to those of the underlying zoning district, or the adjacent zoning district, whichever is greater. The Plan Commission may recommend greater setbacks from the boundary line of a planned development when determined necessary to protect the privacy of residents in both existing and proposed subdivisions.
   6. Landscaping. At a minimum, the proposed planned development shall conform to the landscaping requirements set forth in Section 21.1303F, Article 21-13, Site Development Requirements. The Plan Commission may recommend landscaping in excess of these minimum standards where determined necessary to achieve the objectives set forth in this Article.
   7. Sidewalks. Sidewalks and/or bike paths shall be constructed on both sides of all streets in residential, commercial, and Manufacturing developments. In addition, walks or paths shall be provided for convenient access for pedestrians between residential blocks, to site features as well as between differing land uses. (See Article 21-13 Site Development Requirements.)
   8. Public Streets.
      1. All streets shall be publicly dedicated, and constructed in accordance with applicable standards contained in the Village’s Subdivision Code, as may be amended from time to time.
      2. The Plan Commission may recommend, and the Village Board approve, reduced rights-of-way or pavement width in residential subdivisions, if it is determined appropriate for maintaining the rural character of the area, or for preserving natural features.
      3. It shall be necessary in any residential or commercial subdivision to provide connections to adjacent parcels and existing road stubs.
   9. Vehicular Access. Points of vehicular ingress and egress to the site shall be minimized to maintain the safety and operational efficiency of Newark’s streets. Cross-access (road stubs) between properties shall be provided.
   10. Screening. Where a non-residential use abuts, or is across the street from a residential or institutional use, screening shall be provided according to Section 21.1303, Article 21-13, Site Development Requirements.
   11. Underground Utilities. All utilities (including electric, telephone, gas and cable TV) shall be installed underground.
   12. Tree Replacement. Where determined appropriate by the Plan Commission, trees greater than six (6) inches in caliper, as measured twelve (12) inches above grade, which are identified to be removed for construction shall be replaced in accordance with a tree replacement plan that is subject to review by the Plan Commission and approval by the Village Board.
   13. Performance Standards. All activities associated with a business, office, or mixed use planned development shall conform to the performance standards established by Article 21-14, Performance Standards of this Ordinance.
   14. Preliminary Approval. Preliminary approval of a planned development by the Village Board shall be null and void, in the event that the petitioner has failed to obtain final planned development approval for at least the first phase of the development within twelve (12) months of the date of the preliminary approval.
   15. Completion. The planned development shall be substantially completed within the period of time specified by the petitioner and set forth in the development ordinance prepared for the project, unless an extension is requested by the petitioner and approved by the Village Board. All planned development phases shall be completed within two (2) years of final planned unit development approval for that phase, except when the size or complexity dictates a longer period, as may be granted by the Village Board, upon request by the petitioner.
   16. Compliance with Zoning or Other Codes and Ordinances. Where there is a conflict, or difference between the provisions of this Article and those of other Articles of this Ordinance, or other codes and ordinances, the provisions of this Article shall prevail. Except as otherwise set forth herein, all other applicable Village Code provisions shall apply.
   17. Exceptions. The P1an Commission may recommend, and the Village Board approve exceptions to standards and criteria when determined necessary to achieve the planning objectives set forth in this Article.
       

1. Open Space/Greenbelt. Open space shall be provided for Village residents in the form of parks, greenbelts, open space and recreational facilities, consistent with regulatory and policy directives of Newark and the provisions of this Article.
   1. Unless otherwise recommended by the P1an Commission and approved by the Village Board, or unless otherwise provided by annexation agreement, not less than twenty-five (25) percent of the land within a residential planned development shall be reserved as designated as open space, greenbelt and/or recreational facilities.
   2. This land shall be dedicated in addition to land or cash otherwise required for schools and parks under the applicable Village Land/Cash Donations and Subdivision Ordinance.
   3. Where parks and greenbelts illustrated on the Land Use Plan pass through a proposed residential subdivision, land, in lieu of cash, shall be provided.
      1. The Board of Trustees has determined that the dedication of land in these areas is essential for implementing the continuous greenbelt and open space system adopted as part of the Village’s Comprehensive Land Use Plan.
      2. Article 21-7, Residential Districts, includes standards and minimum requirements that are applicable to planned developments which incorporate greenbelts.
   4. Designated open space, greenbelts or public recreational facilities reserved under a planned development shall be held and maintained by a homeowner’s association, until conveyed to a public authority approved by the Village Board. Such designated open space shall be for the benefit and use of all Village residents.
   5. All designated open space, greenbelts and/or recreational facilities shall be dedicated as open space in perpetuity, and shall be so designated in the development ordinance and final plat of subdivision(s) recorded for the planned development.
   6. The cost of improving open space or greenbelts, or constructing recreational facilities proposed as part of a planned development shall be included in the letter of credit or other surety required for the public or quasi-public improvements as more fully described in the Village’s Subdivision Code.
   7. Open space shall be suitably improved for its intended use. However, open space containing natural features worthy of preservation may be left unimproved.
   8. No portion of a planned development shall be conveyed as public open space, greenbelt or recreation to any public body until such conveyance is reviewed by the Plan Commission and approved by the Village Board.
   9. For the purpose of this Article, recreational facilities and open space provided as part of the planned development shall include, but not be limited to, the following:
      1. Parks
      2. Greenbelts
      3. Golf course
      4. Swimming pools
      5. Community center
      6. Health clubs
      7. Tennis courts
      8. Jogging trails
      9. Physical fitness courses
   10. Wetlands, floodplain and retention/detention ponds generally shall not be acceptable as required open space land donations, since these will either be regulated by the Village by applicable ordinances, or by regulatory agencies, such as the U.S. Army Corps of Engineers, Illinois Environmental Protection Agency, or Illinois Department of Natural Resources, Office of Water Resources.
   11. However, the Village Board may agree to accept land donations consisting of not more than fifty (50) percent of such areas, provided the Plan Commission recommends, and the Village Board concurs, that wetlands, floodplain and retention/detention ponds can, and will be suitably improved with trails and other substantial landscape features in order to meet the intended purposes of this Article.
2. Density Transfer. Where such open space and/or recreational facilities are determined to benefit residents of a planned development, the following shall apply:
   1. The net residential density allowed by the underlying zoning district on land proposed for open space or recreation may be transferred to the remaining net developable acreage.
   2. The net developable acres exclude open space, recreation, greenbelts, natural features and street rights-of-way. For the purpose of this Article, it has been assumed that fifteen (15) percent of the gross acres will be set aside for street rights-of way and easements.
3. Minimum Lot Size. Minimum lot size shall be as set forth in the Village’s Zoning Ordinance unless a minimum of twenty-five (25) percent or more of the total gross acres has been set aside for: active recreational areas and/or facilities; open space; or preservation of major stands of trees, or other natural areas. The Village finds that flexibility in its standards is warranted only when such amenities are proposed as part of a planned development.
   1. Residential Estate Planned Development.
      1. In a Residential Estate Planned Development, the minimum lot size shall not be less than two (2) acres.
      2. Actual lot size shall, however, be based on soil suitability for individual septic and well, unless connection to a municipal sewer and/or water system is required.
   2. R-R Planned Development.
      1. An R-R Planned Development may consist of a mixture of dwelling unit types, but shall be limited to single-family homes, patio homes, townhomes, two-family or duplexes or quadruplexes, as defined in this Article.
      2. Unless otherwise recommended by the Plan Commission and approved by the Village Board, the net lot size for single-family dwellings, or net lot area for each multi-family dwelling shall not be reduced below that identified in Section 21.1206 C(3)(b), which follows.
      3. The Plan Commission may recommend, and the Village Board may approve minimum lot sizes or net lot area for single-family and/or multiple-family dwellings that are larger than the minimum sizes which follow, if determined necessary to achieve the objectives of the Land Use Plan or those of this Article.
   3. R-1 Planned Development.
      1. The R-l Planned Development is intended, but not required, to consist of a mixture of dwelling unit types.
      2. Unless otherwise recommended by the Plan Commission and approved by the Village Board, the net lot size for single-family dwellings, or net lot area for each multi-family dwelling, shall not be less than that which follows:
         1. Single-Family, detached: 8,000 square feet
         2. Zero lot line House: 7,300 square feet
         3. Townhome: 4,550 square feet
         4. Two-Family or Duplex: 4,550 square feet
         5. Quadruplex: 3,750 square feet
         6. Apartments, Low-Rise: 3,350 square feet
      3. The Plan Commission may recommend, and the Village Board may approve minimum lot sizes or net lot area for single-family and/or multiple-family dwellings that are larger than minimum sizes listed above, if determined necessary to achieve the objectives of the Land Use Plan or those of this Article.
   4. R-2 Planned Development.
      1. The R-2 Planned Development is intended, but not required, to consist of a mixture of dwelling unit types.
      2. Unless otherwise recommended by the Plan Commission and approved by the Village Board, the net lot size for single-family dwellings, or net lot area for each multi-family dwelling, shall not be less than that which follows:
         1. Single-Family, detached: 9,000 square feet
         2. Zero lot line House: 7,300 square feet
         3. Townhome: 4,550 square feet
         4. Two-Family or Duplex: 4,550 square feet
         provided, however, that the average net lot area shall not be less than 11,000 square feet.
      3. The Plan Commission may recommend, and the Village Board may approve minimum lot sizes or net area for single-family and/or multiple-family dwellings that are larger than minimum sizes listed above, if determined necessary to achieve the objectives of the Land Use Plan or those of this Article.
   5. R-3 Planned Development.
      1. The R-3 Planned Development is intended, but not required, to consist of a mixture of dwelling unit types.
      2. Unless otherwise recommended by the Plan Commission and approved by the Village Board, the net lot size for single-family dwellings, or net lot area for each multi-family dwelling, shall not be less than that which follows:
         1. Single-Family, detached: 8,000 square feet
         2. Zero lot line House: 7,300 square feet
         3. Townhome: 4,550 square feet
         4. Two-Family or Duplex: 4,550 square feet
         5. Quadreplex: 3,750 square feet
         6. Apartments, Low-Rise: 3,350 square feet
      3. The Plan Commission may recommend, and the Village Board may approve minimum lot sizes or net lot area for single-family and/or multiple-family dwellings that are larger than minimum sizes listed above, if determined necessary to achieve the objectives of the Land Use Plan or those of this Article.
4. Design. Dwellings in all residential Planned Development shall be designed to blend with the landscape of which they are a part. Both visual and acoustical privacy for residents shall be provided by means of site and architectural design. The Plan Commission may require architectural controls to set guidelines and standards for planned developments.
   

1. Administrative.
   1. A planned development may be granted as a special use in accord with the procedures and standards of this Article and may depart from the normal procedures, standards and other requirements of the other Sections of the Zoning Ordinance.
   2. Application. Applications for planned developments shall be made on forms provided by the Village Clerk, and shall be accompanied by plans, drawings, documents and other information required by this Article. Applications and other required documentation shall be reviewed by the Zoning Enforcement Officer for compliance with submittal requirements set forth herein for pre-application, preliminary or final plan review, before forwarding to the Plan Review Committee, Plan Commission or Village Board.
   3. Development Ordinances.
      1. Planned developments shall be controlled by means of development ordinances prepared by the Village Attorney, and adopted by the Village Board subsequent to approval of preliminary and final plans. Said development ordinance shall include graphics and other support documentation upon which Village Board approval is based. The development ordinance shall specify any conditions of approval established by the Village Board.
      2. Ordinances approving preliminary and final plans may provide for exceptions from district regulations governing use, density, area, bulk, parking, and subdivision design standards, as determined to be desirable to achieve the objectives of the proposed planned development, provided such exceptions are consistent with the standards and criteria contained in this Article.
2. Pre-Application Procedure (Mandatory).
   1. Prior to the filing of an application for approval of a planned development, the petitioner shall contact the Village Clerk to arrange an informal meeting with the Plan Review Committee (Committee). The Committee may request the presence of the Village consultants, as determined appropriate by the Zoning Enforcement Officer or Village President.
   2. The purpose of the pre-application meeting is to informally discuss how the proposed development is consistent with Newark’s planning and zoning objectives, as expressed in the Comprehensive Land Use Plan, and this Article. No commitments shall be given, nor shall statements or opinions of any Village official be deemed binding.
   3. Not less than fifteen (15) days before the pre-application meeting, the petitioner shall provide eight (8) copies of:
      1. Concept Plan. A concept plan at a scale necessary to describe the proposed development and surrounding area in sufficient detail to demonstrate the relationship of the planned development to adjoining uses, both existing and proposed, and to the topography and natural features of the adjoining land uses. The concept plan shall include:
         1. North arrow, scale and date of preparation.
         2. Name and address of the land planner or other consultant who prepared the plan.
         3. Proposed name of the planned development.
         4. Proposed land uses.
         5. Total acreage and percent of the site devoted to each land use.
         6. Proposed layout of streets, lots and blocks.
         7. Proposed dedication of land for school and park sites, if applicable.
         8. Proposed dedication of land for the greenbelt, if applicable, and other open space or developed recreation areas.
         9. Proposed building footprints and estimated floor area of all non-residential structures, if any.
         10. Approximate densities of dwellings, if any.
         11. Wetlands, floodplain, floodways and surface waters, including lakes, ponds, streams and drainage swales.
         12. Major stands of trees and other existing vegetation.
         13. Existing topographic data and contour lines with a minimum of two (2) foot intervals.
         14. Proposed water, sanitary and storm sewer systems.
         15. Any other data reasonably necessary to provide an accurate overview of the proposed development.
      2. Written Statement. A brief written statement shall be submitted that includes a general description of the planned development, and addresses:
         1. Statement of ownership, including:
            1. Disclosure of interest
            2. Letters of authorization
            3. Identification of owners of beneficial interest
            4. Title insurance policy, or most recent deed of record
         2. A description of contiguity, when proposed for annexation.
         3. Economic benefits to the Village of Newark, which are attributable to the proposed planned development.
         4. Preliminary implementation schedule.
      3. Exceptions from Ordinances. A comprehensive list of all requested exceptions to applicable ordinances and codes.
      4. Statement as to Reimbursement of Village Costs. An agreement in form and content satisfactory to the Village wherein petitioner agrees to reimburse the Village for all costs and expenses incurred by the Village for its professional consultants, engineer and attorney in reviewing the proposal and participating in the concept plan process.
      5. Payment of Fee. The payment of any fee established by the Village Board for planned development concept review.
      6. Other. Information other than that identified above may be requested by the Zoning Enforcement Officer or Village President, if it is determined necessary to clearly describe the planned development.
   4. The Plan Review Committee shall evaluate the proposed concept plan and other documentation and shall advise the petitioner as to the compatibility of the planned development with the Comprehensive Plan, the Zoning Ordinance, Subdivision Control Ordinance, and the goals and policies for planning of the Village of Newark. Recommendations relative to a pre-application review are advisory only, and shall not constitute a waiver from the requirements contained in applicable Codes and Ordinances.
   5. The Plan Review Committee may, at its discretion, require plans and support documentation to be revised before referring the proposed planned development to the Plan Commission and the Village Board. This may require additional meetings between the petitioner and the committee, to assure that the proposed planned development conforms, to the maximum extent possible, with applicable code provisions, goals, and policies of Newark.
   6. When determined desirable by the Committee, the Village staff and/or its consultants may prepare a written report, which shall be forwarded to the Plan Commission and Village Board. The report shall:
      1. Evaluate the compatibility of the planned development with Newark’s Comprehensive Plan.
      2. Identify and comment on exceptions from applicable codes and ordinances, which have been requested by the petitioner.
      3. Summarize recommendations by the Plan Review Committee regarding the proposed planned development.
      4. Summarize the petitioner’s proposed schedule for submitting preliminary and final plans according to procedures set forth herein.
      No recommendations need be made to the Village Plan Commission or Village Board. No formal action on a concept plan shall be made or required by either the Plan Commission or Village Board.
3. Preliminary Plan.
   1. Purpose.
      1. The purpose of the preliminary plan is to obtain tentative approval and/or commitments from the Village that the plans, design and program that the petitioner intends to build and follow are acceptable, and that the petitioner can reasonably proceed into final detailed architecture, engineering, surveying and landscape architecture in anticipation of final approval and subsequent construction.
      2. This is a relatively detailed submission that assures the petitioner that his plan is acceptable and that he can invest the money necessary to prepare final plans with the assurance that the final plat and plans will be accepted if they substantially conform to the preliminary plat and plans. It is at this stage that final modifications, adjustments and interpretations are made to the concept plan.
   2. Procedure.
      1. A request for preliminary plan approval, signed by the owner of record of a planned development, shall be submitted to the Village Clerk, who will forward the request to the Village Board of Trustees. The Village Board will refer the matter to the Plan Commission for public hearing, report and recommendation as to whether or not the Village Board should approve the Preliminary Plan.
      2. Preliminary and final plans must be filed and processed consecutively, and not simultaneously, unless the Village Board specifically exempts a petitioner from this requirement.
      3. Preliminary plats of subdivision may be processed along with the preliminary plan submittal, according to procedures and submittal requirements set forth in the Village’s Subdivision Ordinance, as may be amended from time to time.
   3. Distribution of Plans and Required Documentation.
      1. Subsequent to referral by the Village Board, the petitioner shall file twenty (20) copies of the plans and other support documentation, as identified below, with the Zoning Enforcement Officer.
      2. Once all required drawings and information have been received, the Zoning Enforcement Officer shall distribute the preliminary plan submittal to the Plan Commission, who shall distribute copies to other reviewers designated by the Zoning Enforcement Officer. This shall include, but not be limited to the following:
         1. Plan Commissioners and recording Secretary.
         2. Board of Trustees.
         3. Village President
         4. Village Land Planner.
         5. Village Engineer.
         6. Village Attorney.
         7. School District(s)
         8. Fire District
         9. Library District
         10. Sanitary District
      3. Required plans and support documentation shall be submitted no later than twenty-one (21) working days before the regularly scheduled meeting of the Plan Commission, to assure adequate time for review by members of the Plan Commission, Village staff and its consultants.
   4. Required Submittals. Unless specific submittal requirements are waived by the Zoning Enforcement Officer, the following plans, drawings and other documents shall be submitted before any official action may be taken on the petitioner’s application:
      1. Detailed Plan. A drawing of the Planned Unit Development shall be prepared at a scale of not less than one inch to one hundred feet (1” = 100’) 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:
         1. Boundary lines – bearings and distance, and legal description of site by section, township and range.
         2. Easements – location, width and purpose.
         3. Streets on and adjacent to the tract street names, right-of-way widths, existing or proposed centerline elevations, pavement type, walks, curbs, gutters, culverts, etc.
         4. Utilities: A preliminary engineering study providing information on existing and proposed sanitary, storm, water and other utilities necessary to adequately service the development.
         5. Ground elevation on the tract.
         6. Other conditions on the tract – watercourses, flood, plains, marshes, rock outcrops, wooded areas, isolated preservable trees one foot (1’) or more in diameter, houses, accessory buildings, and other significant features.
         7. 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 nonresidential land uses or adverse influences; owners of adjacent unplatted land; for adjacent platted land refer to subdivision plat by name, and show approximate percent built-up, typical lot size and dwelling type.
         8. Zoning – show zoning districts on and adjacent to the tract.
         9. Proposed public improvements – highways or other major improvements planned by public authorities for future construction on or near the tract.
         10. 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.
         11. Structures – general location, purpose and height, of each building.
         12. Map Data – name of development, name and address of land planner, engineer, surveyor, landscape architect, north point, scale, date of preparation, and acreage of site.
         13. Miscellaneous – such additional information as may be required by the Plan Commission.
      2. Objectives. A statement of planning objectives to be achieved by the Planned Unit Development. This statement should include a description of the character of the proposed development and the rationale behind the assumptions and choices of the developer.
      3. Ownership. Statement of present and proposed ownership o all land within the project, including present tract designation according to official records in offices of the County Recorder of Deeds. If legal title to the property is in trust, then a statement of the names and percentage of interest of all the beneficiaries shall be submitted. If legal title to the property is in a corporation, limited partnership or other legal entity, then a statement of the names of all persons or entities owning ten percent (10%) or more of the stock or other ownership interest shall be submitted.
      4. Schedule. Development schedule indicating:
         1. Stages in which 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 shall be shown on the plat and through supporting graphic material.
         2. Approximate dates for beginning and completion of each stage.
      5. 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. Said covenants shall be reviewed by the Village Attorney for conformance with Illinois statutes prior to recordation.
         1. The covenants shall include language regarding the enforceability of the covenants and how property owners falling under the provisions of the covenants may seek action to enforce them. It shall be clearly stated that the covenants are private and not enforceable by the Village of Newark.
         2. The existence of the covenants shall be clearly stated on the Final Plat of Subdivision.
      6. Density. Provide information on the density of residential uses, including the number of dwelling units per acre, the number of dwelling units by type, the number of buildings by type, and the number of bedrooms in each dwelling unit type.
      7. Non-Residential Use. Provide information on the type and amount of ancillary and non-residential uses, including the amount of common open space.
      8. Service Facilities. Provide information on all service facilities and off-street parking facilities.
      9. Architectural Plans. Preliminary architectural plans for all primary buildings shall be submitted in sufficient detail to permit an understanding of the style of the development, the design of the building, and the number, size and type of dwelling units. Also, provide floor area of building types and total ground coverage and height of buildings.
      10. Landscape Plans. Preliminary plans for vegetation, earth sculpting, berming and aesthetic features shall be submitted.
      11. Facilities Plans. Preliminary plans or information, adequate to indicate that the proposed development can be serviced, shall be submitted for:
          1. Roads including classification, width of right of way, width of pavement and typical construction details.
          2. Sanitary sewers.
          3. Storm drainage.
          4. Water supply system.
          5. Lighting programs.
          6. Sidewalks, paths and trails.
          All information necessary to evidence intended compliance with the requirements of the Kendall County Stormwater Ordinance shall be submitted.
      12. School Impact Study. Provide information on the student load and financial impact on the local school districts, including expected scheduling of potential students.
      13. Tax Impact Study. Provide information on the taxes to be generated by the proposed project and the cost to the various taxing bodies to provide the necessary service to the project.
      14. Traffic Analysis. Provide information on the adequacy of the local transportation and thoroughfare system to handle anticipated traffic volumes generated by the Planned Unit Development. Also, an analysis should be made of the adequacy of the internal vehicular circulation pattern.
      15. Market Study. Provide an economic feasibility study of the proposed development, including information on land utilization and marketing potential. Evidence should be presented showing the need and feasibility of the proposed development.
      16. The application shall be accompanied by a fee which shall be established from time to time by the Village Board and a signed agreement that the petitioner will pay all fees incurred by the Village for any consulting planners, engineers and legal review of the proposed development.
   5. Public Meetings.
      1. The Zoning Enforcement Officer shall obtain certification from the Village Engineer and Village Attorney that the submittal is in complete accord with the ordinance. If the submittal is incomplete then the Zoning Enforcement Officer shall inform the petitioner in writing as to the deficiencies of the submittal.
      2. Upon receipt of all required submittals, the Zoning Enforcement Officer shall notify the petitioner of the next available regularly scheduled meeting of the Plan Commission.
      3. The Village Land Planner, Village Engineer and Village Attorney shall prepare staff reports, which evaluate the proposed planned development for compliance with applicable codes, ordinances and the Comprehensive Land Use Plan:
         1. Staff reports shall be made available to the petitioner on the Friday before the scheduled meeting.
         2. Reports may be obtained from the Zoning Enforcement Officer at the Village Hall.
      4. At the public meeting, the petitioner shall:
         1. Provide an overview of the proposed planned development.
         2. Respond to questions raised by Commissioners, Village staff, and its consultants.
      5. Plans and other supporting documentation shall be revised as necessary to respond to questions and concerns.
      6. The petitioner shall present revised submittals to the Plan Commission at a date determined to be mutually acceptable by the Commission, Village staff, its consultants, and the petitioner. Meetings shall be scheduled to allow the Village staff and its consultants a minimum of twenty-one (21) days to review revised submittals and to prepare supplemental reports for Plan Commission distribution.
      7. The Plan Commission shall, after receiving a preliminary development plan complete in all respects, direct the Zoning Enforcement Officer to schedule a public hearing.
   6. Public Hearing. The Plan Commission shall hold a public hearing on the application for a planned development, in accordance with the procedures of the Zoning Ordinance applicable to Special Uses. However, the Zoning Enforcement Officer may require notice to be given to residents beyond Two Hundred and Fifty Feet (250’) in any direction if he deems it necessary and reasonable because of the size or nature of the development, unusual configuration of the property involved, or any other reason likely to result in a direct impact of the development on residents beyond Two Hundred and Fifty Feet (250’).
   7. Plan Commission Action. Following the public hearing on the preliminary plan submitted and supporting documentation, the Plan Commission shall, within 45 days, unless an extension is requested by the petitioner, submit written Findings of Fact and Recommendation to the Village Board for the approval, approval with modification or disapproval of the preliminary plan and the reasons therefore. In the event such findings of fact and recommendation cannot be timely submitted to the Village Board then the Plan Commission shall submit a written report to the Village Board indicating why such written finding of fact and recommendation cannot be timely submitted.
      1. The Plan Commission’s Statement of Findings of Fact and Recommendation shall include but not be limited to:
         1. Name and address of the petitioner, and the petitioner’s attorney.
         2. The petitioner’s request.
         3. A description of the project.
         4. A list of requested exceptions from zoning or planned development standards, if any, and the basis for recommending approval or denial of each exception.
         5. A list of exhibits upon which the Plan Commission’s recommendation is based.
         6. Copies of all written reports and recommendations, if any, provided to the Plan Commission by the Village Land Planner, Village Engineer and Village Attorney.
         7. Recommendation of the Plan Commission, including conditions of approval, if any.
         8. The roll call vote.
      2. The Village Plan Commission’s Statement of Findings of Fact shall also specify in what respects the proposal would, or would not be in the public interest, and shall, at a minimum, address:
         1. The extent to which the proposed planned development departs from the zoning and subdivision regulations otherwise applicable to the subject property, including, but not limited to density, setbacks, lot area, bulk and use, and the reasons why such departures are, or are not in the public interest.
         2. The extent to which the proposed planned development meets the requirements and standards of the planned development regulations, and the reasons why such departures are, or are not deemed to be in the public interest.
         3. The physical design of the proposed planned development and the manner in which said design does, or does not:
            1. Make adequate provision for public services;
            2. Provide adequate control over vehicular traffic;
            3. Provide for and protect designated open space; and
            4. Furnish the amenities of light and air, recreation and visual enjoyment.
         4. Compatibility of the proposed planned development with adjacent properties and neighborhoods.
         5. The desirability of the proposed planned development, or lack thereof, for the Village’s tax base and economic well-being.
         6. The adequacy of the methods by which the proposed planned development:
            1. Provides control over pedestrian and vehicular traffic;
            2. Makes provision for landscaping and open space;
            3. Provides adequate parking, loading and lighting;
            4. Furnishes the amenities of light, air and visual enjoyment.
         7. Compatibility with the Comprehensive Land Use Plan and the goals and policies for planning within the Village of Newark.
   8. Zoning Board of Appeals Action.
      1. The Zoning Enforcement Officer shall obtain certification from the Village Engineer and Village Attorney that the submittal is in complete accord with the ordinance. If the submittal is incomplete then the Zoning Enforcement Officer shall inform the petitioner in writing as to the deficiencies of the submittal.
      2. Upon receipt of all required submittals, the Zoning Enforcement Officer shall notify the petitioner of the next available regularly scheduled meeting of the Zoning Board of Appeals.
      3. The Village Land Planner, Village Engineer and Village Attorney shall prepare staff reports, which evaluate the proposed planned development for compliance with applicable codes, ordinances and the Comprehensive Land Use Plan:
         1. Staff reports shall be made available to the petitioner on the Friday before the scheduled meeting.
         2. Reports may be obtained from the Zoning Enforcement Officer at the Village Hall.
      4. At the public meeting, the petitioner shall:
         1. Provide an overview of the proposed planned development.
         2. Respond to questions raised by ZBA members, Village staff, and its consultants.
      5. Plans and other supporting documentation shall be revised as necessary to respond to questions and concerns.
      6. The petitioner shall present revised submittals to the Zoning Board of Appeals at a date determined to be mutually acceptable by the ZBA, Village staff, its consultants, and the petitioner. Meetings shall be scheduled to allow the Village staff and its consultants a minimum of twenty-one (21) days to review revised submittals and to prepare supplemental reports for ZBA distribution.
   9. Zoning Board of Appeals Action. Following the public meeting on the preliminary plan submitted and supporting documentation, the Zoning Board of Appeals shall, within 45 days, unless an extension is requested by the petitioner, submit written Findings of Fact and Recommendation to the Village Board for the approval, approval with modification or disapproval of the preliminary plan and the reasons therefore. In the event such findings of fact and recommendation cannot be timely submitted to the Village Board then the Zoning Board of Appeals shall submit a written report to the Village Board indicating why such written finding of fact and recommendation cannot be timely submitted.
      1. The Zoning Board of Appeals Statement of Findings of Fact and Recommendation shall include but not be limited to:
         1. Name and address of the petitioner, and the petitioner’s attorney.
         2. The petitioner’s request.
         3. A description of the project.
         4. A list of requested exceptions from zoning or planned development standards, if any, and the basis for recommending approval or denial of each exception.
         5. A list of exhibits upon which the ZBA’s recommendation is based.
         6. Copies of all written reports and recommendations, if any, provided to the ZBA by the Village Land Planner, Village Engineer and Village Attorney.
         7. Recommendation of the ZBA, including conditions of approval, if any.
         8. The roll call vote.
      2. The Zoning Board of Appeals Statement of Findings of Fact shall also specify in what respects the proposal would, or would not be in the public interest, and shall, at a minimum, address:
         1. The extent to which the proposed planned development departs from the zoning and subdivision regulations otherwise applicable to the subject property, including, but not limited to density, setbacks, lot area, bulk and use, and the reasons why such departures are, or are not in the public interest.
         2. The extent to which the proposed planned development meets the requirements and standards of the planned development regulations, and the reasons why such departures are, or are not deemed to be in the public interest.
         3. The physical design of the proposed planned development and the manner in which said design does, or does not:
            1. Make adequate provision for public services;
            2. Provide adequate control over vehicular traffic;
            3. Provide for and protect designated open space; and
            4. Furnish the amenities of light and air, recreation and visual enjoyment.
         4. Compatibility of the proposed planned development with adjacent properties and neighborhoods.
         5. The desirability of the proposed planned development, or lack thereof, for the Village’s tax base and economic well-being.
         6. The adequacy of the methods by which the proposed planned development:
            1. Provides control over pedestrian and vehicular traffic;
            2. Makes provision for landscaping and open space;
            3. Provides adequate parking, loading and lighting;
            4. Furnishes the amenities of light, air and visual enjoyment.
         7. Compatibility with the Comprehensive Land Use Plan and the goals and policies for planning within the Village of Newark.
   10. Action by the Village Board.
       1. Within 45 days of the receipt of the Findings of Fact and Recommendation from the Plan Commission and the Zoning Board of Appeals, unless and extension is requested by the petitioner, the Village Board shall approve, approve with modification or disapprove the preliminary plan and supporting documentation submitted therewith. In the case of approval, or approval with modification, the Village Board shall direct the Village Attorney to prepare a development ordinance and such other ordinance or resolutions as may be required to grant the special use, and approve the preliminary plan submitted and to arrange Zoning Map Modifications as may be necessary. The Village Board may require such special conditions as they may deem necessary to insure conformance with the intent of the planning objectives of the Village and the stated purposes of the planned development.
       2. Approval of a preliminary planned development plat shall not constitute approval of the final plat. Rather, it shall be deemed an expression of approval to the layout submitted on the preliminary plat as a guide to the preparation of the final plat which will be submitted for approval of the Village and subsequent recording upon the fulfillment of the requirements of these regulations and conditions of the preliminary approval, if any. The final plat shall be approved if it conforms with the preliminary 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 both the preliminary plat and final plat procedures are met. No building permit shall be issued for any structure until the Final Plat has been filed, approved and recorded.
4. Final Plan.
   1. Process.
      1. Subsequent to the adoption of the preliminary planned development ordinance, the petitioner shall file all required final plan submittals with the Zoning Enforcement Officer. The submittal shall address all conditions of approval that are set forth in the preliminary plans and development ordinance.
      2. The request for final approval of a planned development shall be submitted to the Zoning Enforcement Officer who, upon receipt of all required submittals, will forward the request to the Plan Commission for its review and recommendation. Final plan approval may be obtained in phases, in accordance with the petitioner’s development schedule.
      3. Final plats of subdivision shall be processed along with the final plan submittal in accordance with the Village’s Subdivision Control Ordinance, as may be amended from time to time.
      4. Final plan submittals shall demonstrate compliance with the preliminary planned development ordinance. The petitioner shall file twenty (20) copies of plans and other required supporting documentation with the Zoning Enforcement Officer.
      5. Once all required drawings and information have been received, the Zoning Enforcement Officer shall distribute the final plan submittal to the Plan Commission and to other designated reviewers (see Section 21.1207C(3)(b), above, for list of reviewers).
      6. Required plans and documentation shall be submitted no later than twenty-one (21) days before the regularly scheduled meeting of the Plan Commission to assure adequate time for review.
      7. The final plat and all supporting documents and data required herein shall be submitted, with appropriate comments from Village staff and Village consultants, to the Plan Commission for certification that the final plat and other required documentation is in conformity with the Zoning Ordinance, the preliminary plan development ordinance and any conditions of approval thereof.
      8. The final plats must be submitted for approval in accordance with the scheduling approved by the plan commission. The first final plat must be submitted not later than one (1) year from the approval of the preliminary plat and construction as authorized by the issuance of a building permit must begin within one (1) year of the date of the filing of the final plat dealing with such construction. In the event that same is not done, the planned development special use shall be null and void and the plan commission shall initiate such zoning changes as it deems necessary to serve the public interest. If construction falls more than six (6) months behind the building schedule filed with the final plat, the Village Board shall either extend the schedule period or initiate action to revoke the planned development special use. Extensions in the building schedule for six (6) month period may be recommended by the plan commission and granted by the Village Board.
      9. Upon the completion of the planned development, a portion thereof, or an individual building or element of the planned development in full compliance with the final planned development plat and supporting data, then and only then may an occupancy permit be issued by the Zoning Enforcement Officer to allow the use of a building or facility.
   2. Submittals. Required submittals shall include, but not necessarily be limited to the following, as applicable:
      1. Final Detailed Plan. A final planned development plat, suitable for recording with the County Recorder of Deeds, shall be prepared and submitted to the Plan Commission for approval. The purpose of the final 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 plat shall include, but not be limited:
         1. An accurate legal description of the entire area under immediate development within the planned development.
         2. A subdivision plat of all subdivided lands in the same form and meeting all the requirements of a normal subdivision plat.
         3. An accurate legal description of each separate unsubdivided use area, including common open space.
         4. Designation of the exact location of all buildings to be constructed.
         5. Certificates, seals and signatures required for the dedication of lands, and recording the documents.
         6. Tabulation on separate unsubdivided use area, land area, number of buildings, number of dwelling units, and dwelling units per acre.
      2. Common Open Space Documents. All common open space may 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. In any event, the plan commission may require legally binding covenants and other guarantees, in a form approved by the Village Attorney, that the common open space will be permanently preserved as an open area. All land conveyed to a not-for-profit corporation or like entity shall be subject to the right of said corporation to impose a legally enforceable lien against the individually owned property in the planned development for maintenance and improvement of the common open space. Such documents shall also provide that the Village shall have the right, but not the obligation, to perform necessary maintenance of the common open space, and shall have a lien against the individually owned property in the planned development for the costs thereof.
      3. Public and Quasi-Public Facilities. All public and Quasi-public facilities and improvements made necessary as a result of the planned unit development shall be either constructed in advance of the approval of the final plat pursuant to a permit duly obtained, or a clear, non-declining irrevocable letter of credit in a form approved by the Village Attorney or bond satisfying Illinois statutory requirements shall be posted to guarantee construction of the required improvements. The letter of credit, payable to the Village, shall be issued by a federally insured bank or savings and loan association with resources of at least $100,000,000.00 and shall be sufficient to cover the full cost of the improvements as estimated by the Village Engineer, plus twenty-five percent (25%). Detailed construction plans shall be submitted for all public and quasi-public facilities to be built. Public and quasi-public facilities shall include, but not be limited to mass earthwork, roads, curbs, gutters, sidewalks, streetlights, street signs, water, sewer improvements or open spaces, recreational facilities, landscaping and public parking facilities.
      4. Construction Plans. Detailed plans shall be submitted for the design, construction or installation of site amenities; including buildings, landscaping, lakes and other site improvements.
      5. Construction Schedule. A final construction schedule shall be submitted for that portion of the planned development for which approval is being requested.
      6. Guarantee Deposit. A deposit shall be made to the Village in cash, clean, non-declining irrevocable letter of credit approved by the Village Attorney or bond satisfying Illinois statutory requirements, in an amount equal to fifteen percent (15%) of the cost of all public facility installations as established and determined by the Village Engineer. This deposit shall be a guarantee of satisfactory performance of the facilities constructed within the planned development and shall be held by the Village for a period of twenty-four (24) months from the date of acceptance of the facilities by the Village. After such twenty-four (24) months, the deposit shall be refunded if no defects have developed, or if any defects have developed, then the balance of such deposit, if any, shall be refunded after reimbursement for amounts expended in correcting defective facilities.
      7. Covenants. Final agreements, provisions or covenants which will govern the use, maintenance and continued protection of the planned development shall be submitted to the Village Attorney for review and approval. Said covenants shall not be recorded without the written approval of the Village Attorney. Existence of the covenants shall be clearly stated on the Final Plat of Subdivision.
   3. Plan Commission Action Thereon.
      1. The Plan Commission shall review the final plan submittal including the proposed final plat at a public meeting. After review thereof, the plan commission within 45 days, unless extension is requested by the petitioner, shall recommend to the Village Board approval if it is in substantial compliance with the preliminary plan development ordinance, or disapproval if not in substantial compliance therewith. All recommendations shall be in writing and shall state the reasons therefore. Their recommendation may include such additional conditions as may be appropriate, based on the final documentation submitted.
      2. If the final plan is substantially different from the approved preliminary plan, the Plan Commission shall either:
         1. Recommend disapproval of the final plan submittal; or
         2. Recommend to the Village Board that a new public hearing be held according to procedures established for preliminary plan approval.
      3. With a recommendation of approval, the Commission shall submit to the Village Board, a written recommendation which:
         1. Confirms that final plan submittals are in conformity with the preliminary plan development ordinance; and
         2. Identifies any additional conditions of approval.
   4. Village Board Action Thereon.
      1. Within 45 days of receipt of the final plat and written recommendation of the Plan Commission on the final plan submittal unless an extension is requested by the petitioner, the Village Board shall approve or disapprove the final plat.
      2. If the Village Board decides to approve the final development plan, it shall authorize the Village Attorney to prepare the final plan development ordinance. If the Village Board determines that the final development plan shall be disapproved, it shall do so by a motion of the Board. In lieu of denial, the Village Board may grant the petitioner additional time to remedy any deficiencies.
   5. No plats shall be recorded, and no building permits issued until final plan submittals, including the final planned development plat, have been approved by the Village Board.
   6. Final plats shall be recorded by the petitioner within 30 days of the date of the adoption of the final planned development ordinance. The ordinance shall provide that it shall be effective only upon the recording of the final planned development plat with the Recorder of Deeds. The recording of the final planned development plat shall inform all who deal with the planned development of the restrictions placed upon the land and shall act as a zoning control device.
5. Guarantees. In all cases where special use permits for a planned development are granted, the Village Board shall require such evidence and guarantees as it may determine necessary as proof that the conditions stipulated in connection with the planned development are being, and will be complied with.
   

1. The planned development shall be implemented only according to the approved final planned development ordinance and recorded final plats of subdivision recorded for the planned development. The recorded final plats and supporting data, together with all recorded documents and amendments, if any, shall be binding on the owners, successors, grantees, heirs, and assigns, and shall limit and control the use of the premises (including the internal use of buildings and structures) and locations of structures in the planned development as set forth therein.
2. Changes to a planned development may be made as follows:
   1. Major Changes.
      1. Changes which alter the concept or intent of the planned development may be approved by the Village Board after review and recommendation by the Plan Commission and Zoning Board of Appeals only by submission of a new final plan and final plats of subdivision for the planned development. Any major changes may be approved only by submission of a new final planned development plat and final plan submittal with supporting documentation and by following the procedure set forth herein above for final plan approval.
      2. Major changes include, but are not limited to, the following:
         1. Increases in density.
         2. Increases in the heights of buildings.
         3. Reductions in approved open space, greenbelts, or preservation areas.
         4. Modifications to the approved uses, and a change by more than ten (10) percent in the acreage allocated to each use.
         5. Rearrangement of lots, blocks, and building tracts.
         6. Modifications to the approved architectural drawings.
         7. Modifications to the development schedule.
         8. Changes in road standards.
   2. Minor Changes. Minor changes may be approved by the Village Board, provided said changes do not alter the spirit and intent of the approved planned development. Minor changes include:
      1. Minor modifications to the location of buildings, provided all setbacks established for the planned development are met.
      2. Minor changes to the location and configuration and size of approved open space, greenbelts and recreational facilities, due to circumstances that were not foreseen at the time the final plans were approved.
   3. Incidental Field Changes. Incidental field changes may be approved by the Zoning Enforcement Officer, after review by appropriate staff.
   4. Recording. Major changes which are approved for the final planned development shall be recorded as amendments to the recorded copy of the final plat of subdivision(s).
      

All professional and consulting fees and other costs incurred by the Village in the consideration or processing of any application or request for a planned development under this Article including, but not limited to engineering, planning, legal, publication and court reporter fees, shall be paid by the petitioner, applicant or owner, as the case may be. This requirement for reimbursement shall extend to any and all fees and costs the Village may incur in conducting any public hearings in connection with any application made under this Article, including, but not limited to any special counsel fees the Village may incur therewith. This reimbursement requirement further extends to any and all such fees and costs the Village may incur in implementing and enforcing any formal action taken by the Village on any application made under this Article. No action shall be taken on any application for planned development until all such applicable fees, charges and expenses have been paid in full.