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North Aurora City Zoning Code

CHAPTER 5

PLANNED UNIT DEVELOPMENTS

5.1 - Purpose.

The purpose of these planned unit development regulations is to:

A.

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

B.

Encourage planned diversification in the location of structures.

C.

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

D.

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

E.

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

F.

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

G.

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

H.

Facilitate the implementation of the Comprehensive Plan, particularly with respect to areas designated for potential redevelopment within the Plan.

I.

Provide for the development of unique land areas and sites that would not be possible under the strict application of the other Sections of this Ordinance.

J.

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

K.

Provide for the unitary and harmonious development of multiple lots or parcels of real estate.

(Ord. No. 12-08-20-02, § 2, 8-20-2012)

5.2 - Initiation.

The Village, or any person having a right of ownership of any property in the Village, may apply for consideration of such property as a planned unit development. All applications shall be filed with the Community Development Director in accordance with the requirements of Section 3.1 (Application). Planned unit developments initiated by the Village require an application, but are exempt from fees.

(Ord. No. 12-08-20-02, § 2, 8-20-2012)

5.3 - Authorization.

A planned unit development may be authorized as a special use in all zoning districts. A planned unit development shall be granted in accordance with the procedures and standards of this section, and the special use provisions of Section 4.3 (Special Use). Unless specifically approved by the ordinance granting or amending the planned unit development as a special use, the requirements of the underlying district shall apply. The ordinance granting or amending the planned unit development as a special use may depart from the normally applicable standards and other requirements of this Ordinance.

(Ord. No. 12-08-20-02, § 2, 8-20-2012)

5.4 - General standards for planned unit developments.

A.

The site of the planned unit development shall be under common ownership and/or unified control. If there are two or more owners, the application for the planned unit development shall be jointly filed by all such owners.

B.

Any nonresidential or multiple-family parcel, or parcels of land two acres or more in size shall be required to be a planned unit development.

C.

The ordinance authorizing the special use for a planned unit development may grant exceptions to the regulations contained in this Ordinance including, but not limited to, use, density, area, bulk, off-street parking and loading, and signs, as may be desirable to achieve the objectives of the proposed planned unit development, provided that such exceptions are fully consistent with and authorized by this section.

D.

Planned unit developments shall be compatible with the purpose and intent of this Ordinance and the Village's Comprehensive Plan. A planned unit development shall not diminish the market value of surrounding properties, and it shall cause no impairment of the use of those properties.

E.

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

F.

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

G.

The planned unit development shall be designed to encourage or discourage the flow of traffic in, to, through and around the planned unit development as appropriate depending on the unique characteristics of the planned unit development. Access points to public streets and the location of private streets, alleys and driveways shall be subject to the approval of the Plan Commission and the Village Engineer when a special use is granted.

H.

The pedestrian circulation system and its related walkways shall be located to provide for separation of pedestrian and vehicular movement and for the integration of pedestrian traffic in the planned unit development in relation to the area and the remainder of the Village.

I.

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

J.

The proposed development shall be substantially completed within the period of time specified in the schedule of development submitted by the applicant. However, the Village Board may extend the time period upon written request of the applicant.

K.

The development plan shall contain such proposed covenants, easements, and other provisions relating to the bulk and location of buildings, uses and structures, parking access and public facilities as are necessary or desirable for the welfare of the planned unit development and are not inconsistent with the best interest of the Village.

L.

The location and arrangement of structures, parking areas, walks, lighting and appurtenant facilities shall be compatible with the surrounding land uses, and any part of a proposed development not used for structures, parking and loading areas, or accessways, shall be landscaped or otherwise improved.

M.

The project area shall be adaptable to unified development and shall have within or through the area no physical features which will tend to negatively affect the neighborhood or community cohesiveness.

N.

Any modifications of the zoning or other regulations that would otherwise be applicable to the site shall be warranted by the design of the development plan, and the amenities incorporated in it, and shall not be inconsistent with the interest of the public generally.

O.

The project shall have adequate sanitary sewers, storm sewers and water supply.

P.

The project shall provide unique enhancements, amenities, features and/or standards that are not required, attainable or applicable under conventional zoning standards.

(Ord. No. 12-08-20-02, § 2, 8-20-2012)

5.5 - Exceptions from district regulations.

A.

The Plan Commission may recommend and the Village Board may grant exceptions to the district regulations where a planned unit development is located. The planned unit development is subject to the underlying district regulations unless such exception is expressly granted in the ordinance approving the planned unit development. Exceptions from district regulations may be granted for planned unit developments with respect to height, density, bulk regulations and setbacks, number of buildings on a zoning lot, allowance for access via private roadways, off-street parking and loading, landscaping and screening and signage, if the Plan Commission and Village Board find that each and every of the following standards:

1.

Enhance the overall merit of the planned unit development;

2.

Promote the objectives of both the Village and the development;

3.

Enhance the quality of the design of the structures and the site plan;

4.

Enable the development to offer environmental, pedestrian and other unique amenities;

5.

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

6.

Is compatible with the land use policies of the Village's Comprehensive Plan;

7.

Provide a public benefit to the Village, as described in paragraph C., below.

B.

The planned unit development is subject to the underlying district use and general zoning regulations unless the Plan Commission recommends and the Village Board permits uses other than those allowed within the district when it is determined by the Village Board to be desirable in achieving the objectives of the planned unit development. However, there must be clear evidence that such uses are desirable and appropriate with respect to the primary purpose of the development; and are not of such a nature, or so located, as to exercise a detrimental influence on the development or the surrounding neighborhood. Any deviations from the general or specific use restrictions for the underlying district must be incorporated into the ordinance approving the planned unit development in order to be effective.

C.

To be granted such exceptions, the planned unit development applicant must demonstrate superior design and enhanced amenities. In no case shall an exception to district regulations within a planned unit development be granted unless the applicant demonstrates a substantial benefit to the Village. Design characteristics and amenities to be considered in this determination shall include, but are not limited to, the following:

1.

Landscaping, buffering or screening within or around the perimeter of the planned unit development that is in addition to the minimum required by this Ordinance.

2.

The provision of off-street parking, and additional landscaping and screening of parking lots and structures in addition to the minimum required by this Ordinance.

3.

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

4.

Design characteristics including, but not limited to, mixed-use development, circulation systems that utilize alleys or traffic-calming techniques, and a pedestrian-oriented environment, including sidewalks and bike paths.

5.

Use of sustainable design and green architecture such as: green roofs and other energy efficient design concepts; water conservation; environmental sensitivity; new building technologies; Leadership in Energy and Environmental Design (LEED) techniques; and xeriscaping (water conservation landscaping).

6.

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

7.

Preservation of environmental features.

8.

Preservation of historic features.

9.

Open space and recreational amenities that are available to the public such as:

a.

Swimming pools.

b.

Tennis courts.

c.

Recreational open space accessory buildings.

d.

Jogging trails and fitness courses.

e.

Playgrounds.

f.

Natural water features, wetlands and conservation areas.

g.

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

10.

Additional public infrastructure improvements in addition to the minimum required by the planned unit development, such as new or repaved streets, installation of gutters and sewers, and traffic control devices to improve traffic flow.

11.

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

12.

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

(Ord. No. 12-08-20-02, § 2, 8-20-2012)

5.6 - Procedure.

In its establishment and authorization as a special use, in addition to the special use standards of Section 4.3 (Special Use), the following procedures, requirements, restrictions, and conditions shall be observed. Approval of a planned unit development is a four-step process, which includes a pre-application meeting, concept plan, preliminary plan, and final plan. No plans shall be recorded until a Final Plan has been approved, and no building permit shall be issued until a Final Plan has been recorded.

A.

Pre-Application Meeting. Prior to the filing of an application for a planned unit development, the applicant shall confer with members of the Village staff determined by the Community Development Director. At the pre-application meeting the applicant shall provide information as to the location of the proposed planned unit development, the proposed uses, proposed public and private improvements, a list of all exceptions to this Ordinance and other ordinances of the Village that will be requested, a summary of the proposed enhancements and benefits that exceed applicable zoning requirements and any other information necessary to clearly explain the planned unit development. The purpose of such pre-application meeting is to make advice and assistance available to the applicant before preparation of the preliminary plan so that the applicant may determine:

1.

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

2.

Whether any zoning exception is required in connection with the proposed planned unit development.

3.

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

B.

Concept Plan. Prospective applicants are encouraged and recommended to present a concept plan for planned unit developments to the Village Board prior to the filing of an application for approval of a planned unit development. The presentation of a concept plan is not binding on the applicant, but allows the applicant to obtain the input of the Village Board on a proposed plan before committing to the planned unit development process.

C.

Preliminary Plan Procedure. Applications for planned unit developments shall be filed with the Community Development Director, in accordance with the requirements of Section 3.1 (Application) and shall contain a Preliminary Plan. Upon receiving a complete application, the Community Development Director shall forward the application and preliminary plan to the Plan Commission, which shall be filed in such form and contain minimum requirements that the Plan Commission may prescribe by general rule. At the applicant's specific request, the preliminary and final plan procedure may be combined. Any applicant desiring to combine preliminary and final plan approval must make that request in writing as part of the initial planned unit development application.

1.

Minimum Requirements. Every preliminary plan shall contain the following:

a.

A plat of survey of the parcel or parcels of land comprising the proposed zoning lot(s). The plat shall be drawn to scale showing the actual dimensions of the proposed zoning lot, including all parcels or lots within the zoning lot. The plat shall be drawn in accordance with the recorded plat of such land.

b.

Proof of ownership.

c.

A site location map drawn to an appropriate scale showing the proposed planned unit development in relation to surrounding streets and property located within six hundred (600) feet in all directions of the development site. The map shall indicate the location, height and land use of all existing buildings and structures immediately adjacent to the development site.

d.

A preliminary site plan drawn to a scale of at least one inch to one hundred (100) feet on at least eleven (11) by seventeen (17) inch paper showing:

i.

The location, ground area, height, bulk and approximate dimensions of all existing and proposed buildings and structures within the planned unit development.

ii.

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

iii.

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

iv.

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

v.

The location, height, design and illumination characteristics of all external lighting fixtures within the development.

vi.

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

e.

Typical building elevations and schematic design presentations indicating the general architectural character of all proposed buildings and structures. The drawings need not be the result of final architectural decisions and need not be in detail.

f.

A traffic circulation plan indicating the proposed movement of vehicles, goods and pedestrians within the planned unit development, and to and from adjacent streets, and the impact of the proposed planned unit development upon existing traffic patterns. Such plan shall also include an examination of the adequacy of on-site parking facilities, vehicular circulation patterns and pedestrian access and safety.

g.

A drainage plan prepared by a registered engineer in the State of Illinois indicating the manner in which surface drainage will be controlled and managed, consistent with all Village and other governmental jurisdictions, regulations and requirements.

h.

A utilities study prepared by a registered engineer in the State of Illinois indicating the adequacy of the utility systems serving the proposed planned unit development, including water distribution lines, sanitary sewers and stormwater drainage facilities.

i.

A preliminary landscape plan prepared by a qualified professional indicating the general character of all proposed landscaping, screening and fencing, including all open space areas around buildings and structures. Said landscape plan need not be the result of final architectural decisions and need not be in detail.

j.

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

2.

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

a.

The Plan Commission shall conduct a public hearing on the preliminary plan and special use, in accordance with Section 3.3 (Public Hearing) after receipt of a complete application. Notice for the public hearing shall be in accordance with Section 3.4 (Public Notice). If, in the Plan Commission's judgment, the application does not contain sufficient information to enable the Commission to properly discharge its responsibilities, the Commission may request additional information from the applicant. After the close of the public hearing, the Plan Commission shall either:

i.

Recommend approval of the preliminary plan and special use as submitted ;

ii.

Recommend denial of the preliminary plan and special use as submitted;

iii.

Recommend approval of the preliminary plan and special use with additional conditions; or

iv.

Advise the applicant in writing of any recommended changes, additions or corrections to the preliminary plan and allow the applicant additional time to submit a revised preliminary plan. The applicant may, within thirty (30) days, submit the revised preliminary plan for Plan Commission consideration at a continuation of the public hearing. The applicant may do so without paying an additional filing fee.

The Plan Commission shall forward its ultimate findings and recommendation for approval or denial of the preliminary plan and special use in writing to the Village Board.

b.

The Plan Commission's recommendation to the Village Board shall set forth in what respects the planned unit development is or is not in the public interest including, but not limited to, findings of fact on the following:

i.

Is the site or zoning lot upon which the planned unit development is to be located adaptable to the unified development proposed?

ii.

Will the proposed planned unit development not have the effect of endangering the public health, safety, comfort or general welfare of any portion of the community?

iii.

Will the proposed planned unit development not be injurious to the use and enjoyment of other property in the vicinity for the purposes already permitted?

iv.

Will the proposed planned unit development not diminish or impair property values within the neighborhood?

v.

Will the proposed planned unit development not impede the normal and orderly development and improvement of surrounding property for uses permitted in the zoning district?

vi.

Is there provision for adequate utilities, drainage, off-street parking and loading, pedestrian access and all other necessary facilities?

vii.

Is there provision for adequate vehicular ingress and egress designed to minimize traffic congestion upon public streets?

viii.

Are the location and arrangement of structures, parking areas, walks, lighting and appurtenant facilities, compatible with the surrounding neighborhood and adjacent land uses?

ix.

Are the areas of the proposed planned unit development which are not to be used for structures, parking and loading areas, or access ways, suitably landscaped?

x.

Is the planned unit development in the specific location proposed consistent with the spirit and intent of this Ordinance and the adopted Comprehensive Plan?

xi.

Are there benefits or amenities in the proposed planned unit development that are unique and/or which exceed the applicable zoning requirements?

c.

The Village Board, after receipt and acknowledgement of the recommendations from the Plan Commission, shall approve, modify or deny the recommendation of the Plan Commission on the preliminary plan and special use.

i.

If the recommendation is denied, the Village Board shall state in writing the reasons for the denial, and such writing shall be filed with the Community Development Director and a copy shall be sent to the applicant.

ii.

If the recommendation of the Plan Commission on the preliminary plan and special use is approved, or approved with modifications the applicant shall submit a final plan for the planned unit development, or part thereof.

3.

Limitations on Denials. A special use application for a planned unit development is subject to Section 3.1.E (Successive Applications).

D.

Final Plan Procedure.

1.

Final Plan Procedure. Within one year following the approval of the preliminary plan, unless otherwise specified in the ordinance approving the planned unit development, the applicant shall file with the Plan Commission a final plan containing, in final form, the information required for the preliminary plan. The petitioner may file both a preliminary and final plat simultaneously at his/her own risk. If the planned unit development is to be developed in phases, the applicant need only file a final plan for the first phase of development, as indicated in the development and construction schedule prescribed below. The final plan for the remaining phases shall be filed in accordance with the development and construction schedule. Every final plan shall contain the following information and documentation:

a.

A final site plan drawn to an appropriate scale on a mylar or other material suitable for recording with the Kane County Recorder of Deeds. The final site plan shall include the following information:

i.

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

ii.

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

iii.

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

iv.

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

v.

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

vi.

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

b.

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

c.

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

d.

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

e.

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

f.

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

g.

A detailed utilities and drainage plan signed by a registered engineer in the State of Illinois, based on final site planning refinements indicating the size and location of all water distribution lines, sanitary sewers and storm drainage facilities required to serve the planned unit development and the manner in which surface drainage will be controlled and managed consistent with all applicable Village regulations.

h.

A development and construction schedule indicating the following:

i.

The date when construction of the planned unit development will begin or, if developed in phases, the date when construction of the initial phase will begin.

ii.

If the planned unit development is to be developed in phases, a map indicating the phases in which the planned unit development will be built, the dates when the final plan for all but the initial phase will be filed, and the approximate dates when construction of each subsequent phase will begin.

iii.

The approximate date when construction of the planned unit development will be completed, or if developed in phases, the date when construction of each phase will be completed.

i.

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

j.

Detailed drawings and dimensions of all signs to be erected within the planned unit development in accordance with the applicable regulations contained in this Ordinance.

2.

Action. The Plan Commission shall review the final plan and take action as follows:

a.

Conformance with Preliminary Plan. If the Plan Commission determines the Final Plan is in substantial compliance with the preliminary plan and all Village regulations, the Plan Commission shall certify to the Village Board that the final plan is in substantial conformance with the previously filed preliminary plan. After receipt of the Plan Commission' recommendation, the Village Board shall review the final plan.

b.

Nonconformance with Preliminary Plan.

i.

If the Plan Commission determines that the final plan is substantially changed from the approved preliminary plan, or is otherwise not in accordance with Village regulations, then the Plan Commission shall recommend to the Village Board that the final plan be denied; shall inform the applicant with regard to specific areas found not to be in compliance; and the applicant may resubmit the final plan to the Plan Commission with changes to those areas found not to be in compliance.

ii.

If upon receipt of the Plan Commission's recommendation, the Village Board determines that the final plan is not in conformity with the preliminary plan or other Village regulations, the Village Board shall inform the applicant with regard to specific areas found not to be in compliance. The applicant may resubmit the final plan to the Village Board with changes to those areas found not to be in compliance. The applicant may also resubmit the plan as a preliminary plan in conformance with the procedures for approval of a preliminary plan.

c.

Approval. The Village shall approve a final plan that is in conformity with the preliminary plan and all Village regulations. After the approval of the final plan, the use of the land and the construction, modification or alteration of any buildings or structures within the planned unit development will be governed by the approved final plan rather than by any other provisions of this Ordinance.

3.

Extension. An applicant may seek an extension of time in which to file a final plan for approval for a planned unit development or any phase thereof by making a written request to the Community Development Director. If an extension is not sought in writing and approved by the Village Board, within the time limitations for the filing of final plan approval, the preliminary plan approval shall lapse, and the developer shall be required to resubmit preliminary plans for approval prior to subsequent final plan approval. The Village Board may grant extensions for good cause shown.

(Ord. No. 12-08-20-02, § 2, 8-20-2012)

5.7 - Changes to planned unit developments.

No changes may be made in the approved final plan, except upon application to the Village, according to the following provisions.

A.

Major Changes. Major changes shall include any changes that require a formal amendment of this Ordinance, or any other change for which a public hearing is required by law or by the North Aurora Municipal Code, except as specifically provided herein. Whether a change is major or minor shall first be determined by the Community Development Director. If a developer or landowner disagrees with the Community Development Director's decision, appeal may be taken to the Village Board. Major changes must be approved by the Village Board after such hearing and recommendation by the Plan Commission as required by statute or Village Ordinance pursuant to submittal and processing of a petition filed by the applicant, as set forth in the North Aurora Municipal Code.

B.

Minor Changes. Minor changes shall include any change not defined herein as a major change or a technical change. Minor changes may be approved by the Village Board without Plan Commission review or public hearing.

C.

Technical Changes. Technical changes may be approved by the Community Development Director, and shall include any change to the engineering plans and specifications, any change to the building plans or changes in the Preliminary Plan which are determined by the Community Development Director as:

1.

In substantial compliance with the Preliminary Plan or other plans or plats as approved by the Village Board;

2.

In compliance with the North Aurora Municipal Code, as amended, except as specifically varied herein; and

3.

In compliance with good engineering practice.

(Ord. No. 12-08-20-02, § 2, 8-20-2012)

5.8 - Revocations and extensions.

If construction work on the proposed planned unit development has not begun within eighteen (18) months from the date of authorization by the Village Board, the authorization shall become null and void and all rights shall lapse. However, the applicant can request an extension, upon written application, filed prior to the termination of the eighteen-month time limit. The Village Board may authorize a single extension of not more than twelve (12) months without a public notice.

(Ord. No. 12-08-20-02, § 2, 8-20-2012)

5.9 - Conditions and guarantees.

Prior to granting any special uses for planned unit developments, the Plan Commission may recommend, and the Village Board may stipulate, such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the planned unit development as deemed necessary to guarantee performance of all conditions. Any applicant for a planned unit development shall post a letter of credit to the Village subject to Title 15, Chapter 15.56.

(Ord. No. 12-08-20-02, § 2, 8-20-2012; Ord. No. 24-10-07-05, § 9, 10-7-2024)

5.10 - Issuance of building permit.

Building permits may only be issued if the construction work in question is in conformity with the approved final plan and with all other applicable ordinances and regulations. A building permit may be revoked, and all work shall cease, if the construction work is determined to be in nonconformance with the approved final plan. In such case, the construction work may continue only upon written approval of the Community Development Director of the measures to be taken to bring the construction work into conformity with the approved final plan.

(Ord. No. 12-08-20-02, § 2, 8-20-2012)

5.11 - Enforcement of planned unit development.

A.

The Community Development Director shall periodically review all permits issued for a planned unit development and inspect the project in conjunction with the construction that has taken place on a planned unit development site, and compare actual development with the approved development and construction schedule.

B.

The Community Development Director shall notify the applicant, Plan Commission and Village Board in writing if an applicant has failed to meet the approved final plan development schedule, construction schedule, any requirements of Chapter 5: Planned Unit Development, or failed to comply with any submitted and approved plans or any provisions of the North Aurora Municipal Code. Following thirty (30) days of written notice from the date mailed, the Village Board shall either levy a fine, issue a stop work order, seek an injunction or may revoke the special use if it so chooses and the land shall revert to its former classification. The applicant may petition the Village Board in writing for a reasonable extension of time given extenuating circumstances.

(Ord. No. 12-08-20-02, § 2, 8-20-2012)