Planned unit developments are a specific type of special use recommended by the planning commission and approved by the village board. Particular purposes include:

   A.   Providing flexibility in the development of land and in the design of structures located on the land, and permit planned diversification in the location of such structures that might not otherwise be achieved due to the strict applications of this title.

   B.   Preserving common open space and recreation facilities.

   C.   Preserving natural vegetation areas, topography, and geologic features by using a creative and efficient use of land.

   D.   Providing quality construction that is compatible with and enhances the character of the surrounding properties.

   E.   Providing a rational and economical public utilities system and ensuring that traffic circulation is safe and convenient. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

The following are types of planned unit developments:

   A.   Residential planned unit developments.

   B.   Mixed use planned unit developments. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

   A.   Residential Planned Unit Developments:

Any permitted uses and special uses within any district as provided in chapter 7 of this title.

Up to ten percent (10%) of the total land area may be used for commercial permitted and special uses as provided in chapter 8 of this title.

   B.   Mixed Use Planned Unit Developments:

Any permitted uses and special uses within a commercial or industrial district as provided within chapters 8 and 9 of this title.

Combination commercial/residential structures may be permitted if the commercial uses are only restricted to the ground level.

Up to twenty percent (20%) of the total land area may be used for residential permitted and special uses as provided in chapter 7 of this title. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

Both residential planned unit developments and mixed use planned unit developments are subject to the following provisions:

   A.   Location: Planned unit developments are allowed as a special use within any land use district, though the primary land use shall be the district in which the planned unit development is located.

   B.   Ownership: The site of a proposed planned unit development shall be controlled under one owner or under unified ownership.

   C.   Total Lot Size: The minimum size of a planned unit development shall be at least two (2) acres. The planning commission may waive this requirement if there are certain special site restrictions, such as topographical changes, heavily wooded areas, wetlands, floodplains, soil conditions, or utility easements. No minimum lot size is required for individual buildings; except, that single-family detached dwellings shall not be less than five thousand (5,000) square feet in lot area on average, and single-family attached dwellings shall not be less than three thousand (3,000) square feet in lot area per unit on average.

   D.   Lot Width: The minimum lot width of the entire planned unit development shall be at least two hundred feet (200'). (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

   E.   Parking: The parking requirements for individual uses permitted within the planned unit development shall be consistent with the requirements for each particular use. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004; amd. 2013 Code)

   F.   Traffic: Adequate provision shall be made to provide the least amount of pedestrian and automobile traffic congestion possible on the public streets.

   G.   Design: The general design of the planned unit development shall not endanger the health, safety, and welfare of the general public.

   H.   Signs: All signs shall conform to the provisions provided in chapter 15 of this title.

   I.   Utilities: Whenever possible, all planned unit developments shall provide for the underground installation of utilities. The appropriate design, construction, and location of storm sewers, water lines, retention areas, electric lines, and telephone service shall be provided. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

   A.   Maximum Building Height: The maximum building height for all buildings shall be consistent with the requirements for each particular district in which the building is to be located.

   B.   Maximum Impervious Coverage: The total impervious coverage in all residential buildings shall not exceed forty five percent (45%) of the lot area and must be consistent with the character of the surrounding existing developed areas. The total impervious coverage in all commercial and industrial buildings shall not exceed seventy percent (70%) of the lot area.

   C.   Setbacks: The front, side, and rear setbacks of the planned unit development shall be provided in accordance with the requirements of the district(s) in which the use(s) is located along the perimeter of the planned unit development and along all public streets. If single-family detached dwellings are part of the planned unit development, at least fifty feet (50') shall be provided between the front and rear of each dwelling unit, and at least twenty feet (20') shall be provided between the sides of abutting dwelling units. However, the planning commission may modify these requirements to encourage residential cluster developments.

   D.   Lighting: All off street parking lots shall have adequate lighting. The level of lighting shall be consistent with the requirements for each particular use.

   E.   Landscaping And Screening:

      1.   For all uses within the planned unit development, a five foot (5') landscaped divider strip shall be placed between all parking areas and sidewalks. Within or adjacent to a residential district or residential uses, all open off street parking areas for six (6) or more cars shall be effectively screened by a wall, a solid fence, or a densely planted, compact hedge along any side which is adjacent to property in residential use unless that use is across a public street or alley from such parking area.

      2.   All service entrances, dumpsters, air conditioning units, and any storage items shall be located at the rear of buildings and screened from view.

   F.   Common Open Space:

      1.   The open space of the planned unit development shall not be less than twenty percent (20%) of the total land area. Of the open space provided, at least ten percent (10%) of the total land area within the planned unit development shall be usable open space.

      2.   The area of each parcel of open space shall not be less than six thousand (6,000) square feet in area nor less than thirty feet (30') in its smallest dimension. Also, at least fifty percent (50%) of the common open space shall be contiguous or connected via pedestrian/bicycle paths.

      3.   The common open space should be distributed equitably throughout the planned unit development and be highly accessible, as much as is practical. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

The planned unit development may be eligible for an increase in the percentage of residential, commercial, or industrial impervious coverage up to ten percent (10%) if certain design elements are met. The planning commission shall make a recommendation to the village board about the increase in percentage of impervious coverage, if any, to be allowed for any particular incentive. Each design element is worth a maximum of five percent (5%) in increased impervious coverage. The applicant can request two (2) of the following incentives:

   A.   At least five percent (5%) more of the usable open space is provided above the minimum standard.

   B.   Creative site design, planning, and preservation of existing natural vegetation and terrain.

   C.   Providing additional recreational amenities such as tennis courts, golf courses, ball fields, swimming pools, or community centers.

   D.   At least twenty percent (20%) of the residential dwelling units are allocated for people with low income levels as determined by the latest U.S. census data.

   E.   At least fifty percent (50%) of the minimum parking requirements are met using underground parking structures.

   F.   At least fifty percent (50%) more of the parking lot landscaping is provided above the minimum standard.

   G.   Part of the planned unit development provides public access to the Illinois River or I&M Canal. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

A preapplication meeting is required with the zoning enforcement officer along with the planning commission and/or village engineer and/or village officials to discuss the planned unit development proposal. This meeting is required for the developer to generally discuss the planned unit development proposal with the zoning enforcement officer and commission and to receive general comments regarding the proposal and regulations of this title. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

   A.   Application Requirements:

      1.   Application Filed; Fee: The applicant shall file an application for a planned unit development with the village clerk, accompanied by a filing fee to be established by the village board. The fee does not include the fees for the individual buildings where building permits must also be obtained. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

      2.   Contents Of Application:

         a.   The application shall set forth the facts and details concerning the proposed planned unit development and shall have attached thereto a diagram or plan showing the result the proposed planned unit development would have on the subject property(ies) and surrounding properties.

         b.   Eleven (11) copies of the preliminary development plan shall be included with the application and forwarded to the planning commission. The application shall contain the following requirements within the preliminary development plan along with all fees:

            (1)   A legal description of the property, common address, and parcel identification number (PIN).

            (2)   The names and addresses of all owners of the site proposed for development as well as the names and addresses of all professional site planners, architects, engineers, surveyors, or other consultants.

            (3)   A general plan drawing reflecting the intended use and future street locations for adjacent areas when the proposed planned unit development is intended to represent a single phase of a longer range development.

            (4)   A site plan of the proposed development (at a scale of not less than 1 inch equals 50 feet, including north arrow) including the general location of the following:

               (A)    An indication of the existing conditions on the tract including contour lines (2 foot intervals), watercourses and existing drainage facilities, existing wooded areas and isolated trees to be retained and proposed new vegetation, walks or other improvements, and existing buildings and structures with an indication of those which will be removed and those which will be retained as part of the development.

               (B)    Adjacent property owners, including rights of way.

               (C)    An indication of the area surrounding the site showing land use, peculiar physical features, public facilities, and existing and proposed zoning (if applicable).

               (D)    All buildings, structures, and other improvements, including building setbacks and distance between buildings.

               (E)    Common open space, including recreation areas and facilities.

               (F)    Off street parking facilities and number of spaces to be provided.

               (G)    Location and dimensions of all driveways, pedestrian walkways, streets, and off street parking and loading facilities.

               (H)    Landscaping and screening of the development, including the perimeters and off street parking and loading facilities. The phasing of landscape installation and planting methods shall be indicated.

               (I)    Location, height, design, and illumination characteristics of all external lighting fixtures.

               (J)    Location and dimensions of all public streets and uses, including, but not limited to, schools, parks, churches, and public buildings.

               (K)    Other documents or plans as determined necessary by the zoning enforcement officer, village engineer, and planning commission.

            (5)   Quantitative data indicating the following:

               (A)    Total number of dwelling units by type (if applicable).

               (B)    Total number of dwelling units by number of bedrooms per unit.

               (C)    Proposed lot coverage of buildings and structures (percent of total).

               (D)    Approximate gross and net residential densities, excluding all streets and roadways (if applicable).

               (E)    Total number of off street parking spaces provided.

               (F)    Total amount of usable open space area provided.

               (G)    Other calculations as determined necessary by the zoning enforcement officer, village engineer, and planning commission.

            (6)   Elevation or perspective drawings of all buildings and general architectural character of the buildings.

            (7)   A development schedule indicating:

               (A)    The approximate date when construction of the project will begin. This schedule is not binding to the applicant, but shall be a basis for the village to use for constructing any public utility facilities, if necessary.

               (B)    The stages in which the project will be built and the approximate date when construction of each stage will begin.

               (C)    The approximate dates when the development of each of the stages will be completed.

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

            (8)   A statement shall be presented to the planning commission if the applicant intends to sell or lease all or a portion of the planned unit development after the project is approved. The conditions of sale and maintenance of such developed properties shall be stipulated. Any covenants, deed restrictions, or other similar agreements between the applicant and future owners shall be presented. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004; amd. Ord. 2007-24, 8-8-2007)

      3.   Date Of Filing: The application shall be filed prior to the date the notice of hearing specified has been published in the local newspaper.

   B.   Review Of Application; Recommendation To Planning Commission: The village clerk shall send a copy of the planned unit development application to all appropriate village and county officials for comment. After receipt of a complete application for a planned unit development, the zoning enforcement officer and village engineer shall complete the review of the application and shall send a recommendation to the planning commission. The recommendation shall set forth whether the planned unit development application should be granted or denied. The recommendation shall state the grounds for any such recommendations as they relate to the standards and the purposes of the zoning district classifications of the village in which the planned unit development would be located closest.

   C.   Date Of Hearing; Notice: The village planning commission, through its chairperson, shall set a regular date, time, and place for a public hearing on the application and shall inform the applicant of the same. The chairperson has the option of changing the time and/or date if there is a conflict with other meetings held concurrently at the village hall. Notice of the public hearing of petitioner's application is to be given in the following manner:

      1.   By publishing the notice of the date, time, and place of such hearing in a paper of general circulation in the village at least three (3), but not more than thirty (30), days prior to the hearing. The planning commission shall be given at least fifteen (15) days to review the preliminary development plans.

      2.   By causing the notice to contain the particular location for which the planned unit development is requested as well as a brief statement describing the proposed planned unit development. The legal description shall, in addition to the required metes and bounds or lot and block description, contain a simple description of the property as to area and location of such a nature to enable the ordinary reader to accurately locate such property. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

      3.   The petitioner shall post a sign on the property that is subject to the planned unit development application at least ten (10), but not more than thirty (30), days prior to the hearing. The village will supply a sign upon payment by the petitioner of a fifty dollar ($50.00) deposit. The sign shall be displayed in a prominent location on the property until the conclusion of the hearing. The village reserves the right to specify the location on the property of the placement. The deposit shall be returned to the petitioner upon return of the sign, in the same condition as when issued. (Ord. 2007-24, 8-8-2007; amd. 2013 Code)

   D.   Public Hearing:

      1.   No planned unit development, in any case, shall be granted by the village board without a public hearing by the planning commission as required herein, nor without a report having been made by the commission to the village board, and every report shall be accompanied by findings of fact specifying the reasons for the reported recommendations. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

      2.   The planning commission shall review the application, the recommendation of the zoning enforcement officer and village engineer, and the testimony at the public hearing and shall recommend approval, recommend approval subject to specified conditions, or recommend denial of the preliminary development plan. If the planning commission neither approves nor disapproves the amendment within sixty (60) days after the same has been submitted, it shall be considered to be approved by the commission. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004; amd. 2013 Code)

   E.   Planning Commission Findings Of Fact: In considering all appeals and a review by the zoning enforcement officer and village engineer, the commission shall, before recommending that the village board approve any preliminary development plan in a specific case, first determine and make findings of fact that the proposed planned unit development:

      1.   Is necessary or desirable to provide a service which is in the interest of public convenience.

      2.   Will cause no additional threat to public health, safety, or welfare or the creation of a nuisance.

      3.   Will cause no additional public expense for flood protection, fire rescue or relief operations, policing, or repairs to roads, utilities, or other public facilities.

      4.   Will not unduly increase traffic congestion on public roads and highways.

      5.   Will not alter the essential character of the property in question.

      6.   Will not adversely affect the adjacent properties.

      7.   Meets other requirements of this title, such as parking and landscaping.

      8.   Is consistent with the purpose and intent of the comprehensive plan.

   F.   Village Board Action:

      1.   Upon the report of the planning commission and the zoning enforcement officer or village engineer, the village board, without further public hearing, may adopt or deny the proposed preliminary development plan for a planned unit development or may refer the report back to the commission for further consideration.

      2.   No preliminary development plan shall be considered approved unless it receives a simple majority vote of the village board.

      3.   Approval of the preliminary development plan by the village board does not constitute approval of the plan, but is merely an authorization to proceed with the preparation of the final development plan. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

   A.   Time For Submission; Contents:

      1.   Within one year following the approval of the preliminary development plan by the village board, the applicant shall submit the final development plan with the village engineer. Eleven (11) copies of the final development plan shall be filed containing all information, plans, and data as required by this chapter and as follows:

         a.   All material listed in section 10-11-8 of this chapter for the preliminary development plan.

         b.   Certificates, seals, and signatures required for the dedication of land, covenants, easements, recording the documents, and such other legal documents as may be required.

         c.   Accurate tabulations on the use of the area including land area, number of buildings, number of dwelling units per acre (if applicable), total common open space, percentage of paved area, and total number of parking spaces provided.

         d.   Any other plans or specifications that may be necessary for final engineering approval of drainage, street design, and other facilities by the village engineer or planning commission.

         e.   (1)    A development schedule indicating:

               (A)    The date when construction of the project will begin.

               (B)    The stages in which the project will be built and the approximate dates when construction of each stage will begin.

               (C)    The approximate dates when the development of each of the stages will be completed.

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

            (2)   Failure to maintain the schedule may allow for revocation of the approval for the planned unit development, and no further building permits or occupancy permits shall be granted.

      2.   If the applicant intends to sell or lease all or a portion of the planned unit development after the project is approved, a statement shall be presented to the village board. The conditions of sale and maintenance of such developed properties shall be stipulated. Any covenants, deed restrictions, or other similar agreements between the applicant and future owners shall be presented.

      3.   The applicant shall set forth in detail the proposal for the perpetual maintenance of common areas and other community facilities, such as, but not limited to, landscaped areas, pedestrian walkways, recreation facilities, parking areas, project gates, project security or protective devices, wastewater treatment facilities, or potable water supply. This proposal for such maintenance may include one or more of the following devices: mandatory homeowners' association or community association permanent trust, public ownership and maintenance of the fee or a lesser interest, public utility maintenance or operation by the landlord, a combination of one or more of these arrangements, or a similar device. The proposal for perpetual maintenance shall be subject to village approval, with or without modification, deemed necessary to ensure perpetuity.

   B.   Planning Commission Review And Action: The planning commission shall review the final development plan and the recommendation of the zoning enforcement officer and village engineer and shall approve, approve subject to specified conditions, or deny the final development plan. The decision shall be based on whether the final development plan is in sufficient compliance with the preliminary development plan. If the planning commission neither approves nor disapproves the amendment within sixty (60) days after the same has been submitted, it shall be considered to be approved by the commission. However, the person requesting the special use and the commission may mutually agree to an extension of time.

   C.   Village Board Action: Upon the report of the planning commission and the zoning enforcement officer or village engineer, the village board, without further public hearing, may adopt or deny the proposed final development plan for a planned unit development or may refer the report back to the commission for further consideration. No final development plan shall be considered approved unless it receives a simple majority vote of the village board.

   D.   Changes To Approved Plan:

      1.   No changes may be made in the final development plan during the construction of a planned unit development except upon application to the village clerk, who shall refer it to the planning commission. Minor changes in the location, siting, and height of buildings and structures may be authorized by the planning commission without additional public hearings, if required by engineering or other circumstances not foreseen at the time the final plan was approved. No change authorized by this chapter may cause any of the following:

         a.   A change in the use or character of the development.

         b.   An increase in overall coverage of structures.

         c.   An increase in the intensity of use.

         d.   A reduction in approved open space.

         e.   A reduction of off street parking and loading spaces.

         f.   An increase in the problems of traffic circulation and public utilities.

         g.   A reduction in approved pavement widths.

      2.   All other changes in use, or rearrangement of lots, blocks and building tracts, or any changes in the provision of common open space, and all other changes, must be made by the village board after a public hearing and a recommendation by the planning commission. Any changes which are made to the final development plan shall be made as amendments to the recorded copy of the final development plan. Such amendments may be made only if they are shown to be required by changes in conditions that have occurred since the final plan was approved, or by changes which are approved in the final plan, and must be recorded as amendments in accordance with the provisions provided in section 10-3-4 of this title.

   E.   Lapse Of Plan; Extension:

      1.   The applicant shall conform to the development schedule as required in this chapter. If no construction has begun or no approved principal use is established in the planned unit development within one year from the approval of the final development plan by the village board, the approval of the formal development plan shall lapse and be voided and no longer be in effect.

      2.   In its discretion and for good cause, the planning commission may recommend to the village board the extension, for one additional year, of the period for the beginning of construction, the establishment of an approved principal use, or completion of a phase of development as indicated in the development schedule. If a final development plan lapses under the provisions of this chapter, the zoning enforcement officer shall notify the applicant, at the address given on the plan submitted, of the revocation of approval of the planned unit development. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)