The purpose of the regulations, standards, and criteria contained in this chapter is to provide an alternate zoning procedure under which land can be developed or redeveloped with innovation, imagination, and creative architectural design when sufficiently justified under the provisions of this chapter. The objective of the planned development is to encourage a higher level of design and amenity than is possible to achieve under standard zoning regulations. The end result is intended to be a product which fulfills the objectives of the village of Oak Brook commercial areas revitalization master plan and planning policies of the village while allowing flexibility from the standard application of the use and bulk regulations of the zoning regulations. The planned development is intended to permit and encourage flexibility and to accomplish the following specific purposes, among others:

   A.   To stimulate creative approaches to the commercial, nonsingle-family residential, and commercial/mixed use development of land.

   B.   To provide more efficient use of land.

   C.   To preserve natural features and provide open space areas and recreation areas in excess of those required under standard zoning regulations.

   D.   To develop and implement new approaches to the living environment through variety in type, design and layout of buildings, transportation systems, and public facilities.

   E.   To unify building and structures through design.

   F.   To promote long term planning pursuant to the village's Comprehensive plan, which will allow harmonious and compatible land uses or combination of uses with surrounding areas. (Ord. G-890, 7-14-2009; Ord. G-1261, 10-22-2024)

   A.   Except as provided for in subsection 13-15-5E of this chapter, no new commercial, office, or mixed use development construction within the planned development overlay district shall be permitted except as approved as a planned development in accordance with this chapter; provided, however, that a stand alone project for construction of outdoor dining facilities or for drive-through facilities will not require a planned development under this chapter.

   B.   Each planned development shall be presented and reviewed on its own merits. It shall not be sufficient justification for approval of a planned development to rely on an already existing planned development, except to the extent that the existing planned development and the proposed planned development are part of an approved unified, phased, or master development plan.

   C.   The burden of providing evidence and persuasion that any planned development is necessary and desirable shall in every case rest with the applicant.

   D.   Buildings and uses or combinations of uses within a planned development shall be limited solely to those approved as part of the ordinance granting a planned development; provided, however, that any buildings and uses or combinations of uses in compliance with a unified, phased, or master development plan approved as part of the ordinance granting a planned development may be approved by the corporate authorities.

   E.   To the extent provided in the ordinance approving a proposed planned development, the proposed planned development need not comply with the density, dimension, area, bulk, use, and other zoning regulations that, but for the provisions of this chapter, would otherwise apply to the property on which the proposed planned development is intended. Modifications and departures from the standard zoning provisions may be provided in accordance with the provisions of this chapter and to the extent that they will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare. (Ord. G-890, 7-14-2009; Ord. G-904, 11-10-2009)

   A.   Planned Developments Are Not Permitted As Of Right: Planned developments shall be approved by the village only in direct response to the accrual of tangible public benefits from the planned development to the village and its residents, along with the neighborhood and area in which the planned development is proposed. These benefits shall include, without limitation, exceptional amenities, landscape features, architectural or site design, or the conservation of special manmade or natural features of the site, all as more specifically set forth in the standards set forth in subsection B of this section.

   B.   General Design Standards: No application for a planned development shall be approved by the corporate authorities unless the proposed planned development satisfies the standards set forth in this subsection B and subsection C of this section. All of these standards shall not be regarded as inflexible, but shall be used as a framework by the village to test the quality of the amenities, benefits to the community, and design and desirability of the proposal.

      1.   Comprehensive Plan: The planned development shall not be inconsistent with the planning policies, goals, objectives, and provisions of the village's Comprehensive plan. A planned development must also not be inconsistent with the intent and spirit of the village of Oak Brook comprehensive plan.

      2.   Public Welfare: The planned development shall be designed, located, and proposed to be operated and maintained so that it will not impair an adequate supply of light and air to adjacent property and will not substantially increase the danger of fire or otherwise endanger the public health, safety and welfare.

      3.   Impact On Other Property: The planned development shall not be unnecessarily injurious to the use or enjoyment of other property in the neighborhood for the purposes permitted pursuant to the applicable zoning district, shall not prevent the normal and orderly development and improvement of surrounding properties for permitted uses, shall not be inconsistent with the community character of the neighborhood, shall not alter the essential character of the neighborhood, and shall not substantially diminish or impair property values within the neighborhood, or be incompatible with other property in the immediate vicinity. The uses permitted in a planned development must be of a type and so located so as to exercise no undue detrimental influence upon surrounding properties. The planned development must also address compliance with the village's noise, lighting, and other performance standards.

      4.   Impact On Public Facilities And Resources: The planned development shall be designed so that adequate utilities, road access, drainage, and other necessary facilities will be provided to serve the development. The planned development shall include such impact donations as may be reasonably determined by the corporate authorities. The required impact donations, including, without limitation, obligations under the village's subdivision regulations, shall be calculated in reasonable proportion to the impact of the planned development on public facilities and infrastructure to the extent permitted by law.

      5.   Archaeological, Historical Or Cultural Impact: The planned development shall not substantially and adversely affect a known archaeological, historical, or cultural resource located on or off of the parcel proposed for development.

      6.   Parking And Traffic: The planned development shall have or make adequate provision to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets, provides appropriate cross access to adjacent properties and parking areas, and provides adequate access for emergency vehicles.

      7.   Adequate Buffering: The planned development shall have adequate landscaping, public open space, and other buffering features to protect uses within the development and surrounding properties.

      8.   Signage: Signage on the site of the planned development shall generally be in conformity with the village's sign regulations (chapter 11 of this title), except as may otherwise be specifically provided in the ordinance approving a planned development.

      9.   Ownership/Control Area: The site of the planned development must be under ownership and/or unified control of the applicant.

      10.   Need: A clear showing of need for the planned development must be made by means of an economic feasibility, land utilization and marketing study.

      11.   Compliance With Subdivision Regulations And Plat Act: All planned developments, whether or not they are by definition subject to the village's subdivision regulations or the Illinois plat act, shall comply with all standards, regulations and procedures of the village's subdivision regulations and the plat act except as is expressly provided otherwise in this chapter, or as otherwise provided by the corporate authorities pursuant to the ordinance approving the planned development, or the applicable sections of the village's subdivision regulations.

      12.   Covenants And Restrictions To Be Enforceable By Village: All covenants, deed restrictions, easements, and similar restrictions to be recorded in connection with the planned development shall provide that they may not be modified, removed, or released without the express consent of the corporate authorities and that they may be enforced by the village as well as by future landowners within the proposed development.

      13.   Security And Site Control: The planned development shall include the plans necessary to describe, establish, and maintain appropriate property and building security and site control measures for the planned development and the property on which the planned development is located. These plans shall also include measures to prevent adverse impacts on neighboring properties.

   C.   Additional Standards: In addition to the standards required in subsection B of this section, the following standards shall be considered in reviewing all proposed and amended planned developments, particularly with regard to elements of planned development proposals that do not satisfy the otherwise applicable provisions of the underlying zoning and subdivision regulations:

      1.   Integrated Design: A planned development shall be laid out and developed as a unit in accordance with an integrated overall design. This design shall provide for safe, efficient, convenient and harmonious grouping of structures, uses and facilities, and for appropriate relation of space inside and outside buildings to intended uses and structural features.

      2.   Beneficial Common Open Space: Any common open space in the planned development shall be integrated into the overall design. These open spaces shall have a direct functional or visual relationship to the main building(s) and shall not be of isolated or leftover character. The following would not be considered usable common open space:

         a.   Areas reserved for the exclusive use or benefit of an individual tenant or owner.

         b.   Dedicated streets, alleys and other public rights of way.

         c.   Vehicular drives, parking, loading and storage areas.

         d.   Irregular or unusable narrow strips of land.

      3.   Functional And Mechanical Features: Exposed storage areas, trash and garbage retainers, exposed machinery installations, service areas, truck loading areas, utility buildings and structures, and similar accessory areas and structures shall be accounted for in the design of the planned development and made as unobtrusive as possible. These features shall be subject to such setbacks, special planting or other screening methods as shall reasonably be required to prevent their being incongruous with the existing or contemplated environment and the surrounding properties.

      4.   Visual And Acoustical Privacy: The planned development shall provide reasonable visual, and acoustical privacy. Fences, insulations, walks, barriers and landscaping shall be used as appropriate for the protection and aesthetic enhancement of property and the privacy of its occupants, screening of objectionable view or uses, and reduction of noises.

      5.   Energy Efficient Design: A planned development shall be designed with consideration given to various methods of site design and building location, architectural design of individual structures, and landscaping design capable of reducing energy consumption within the planned development. The applicant will be encouraged, to the extent feasible, to obtain leadership in energy and environmental design ("LEED") certification for the project. A planned development applicant may also undertake the following:

         a.   Having at least one member of the applicant's project team be a "LEED accredited professional" - a person who has received the LEED accredited professional designation from the United States green building council ("USGBC"), the Green Building Certification Institute, or another entity authorized by the USGBC to grant that designation.

         b.   Having its application materials include a "LEED checklist" developed by the U.S. green building council indicating the credits pursued and total points anticipated for a project under the most appropriate LEED rating system, in consultation with the Director of Development Services.

      6.   Drives, Parking And Circulation: Principal vehicular access shall be from dedicated public streets, and access points shall be designed to encourage smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic. With respect to vehicular and pedestrian circulation, including walkways, interior drives and parking, special attention shall be given to location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic, adequate provision for service by emergency vehicles, and arrangement of parking areas that are safe and convenient, and insofar as feasible, do not detract from the design of proposed buildings and structures and the neighboring properties. To the extent practical, planned developments shall provide connections to and from existing bike and walking paths so as to ensure a continuous route without gaps or disconnections.

      7.   Surface Water Drainage: Special attention shall be given to proper site surface drainage so that removal of surface waters will not adversely affect neighboring properties or the public storm drainage system. Surface water in all paved areas shall be collected at intervals so that it will not obstruct the flow of vehicular or pedestrian traffic. (Ord. G-890, 7-14-2009; Ord. G-1261, 10-22-2024)

Proposed site development characteristics that are not consistent with the zoning regulations otherwise applicable to the property on which a planned development or planned development amendment is proposed, may be approved in accordance with this chapter as part of the ordinance approving the planned development or planned development amendment. The applicant shall specifically identify each site development departure and demonstrate how each departure will be compatible with surrounding development and is not inconsistent with the planned development standards set forth in section 13-15-3 of this chapter. Each departure shall be specifically stated and approved in the ordinance approving the planned development or planned development amendment. Any approved departures from the otherwise applicable zoning regulations shall not be deemed a nonconformity and shall not require a variation. (Ord. G-890, 7-14-2009)

The following procedures are required to assure the orderly review of every planned development application in a timely and equitable manner:

   A.   Preliminary Board Review:

      1.   A prospective applicant, prior to meeting with village staff for a formal prefiling review, shall appear before the corporate authorities for a preliminary board review. At a minimum, the applicant shall provide the following materials to the corporate authorities for its preliminary review: a) a preliminary concept plan of the development, and b) a brief narrative describing the overall character, intensity, uses, and nature of the proposed planned development. Prior to submission to the corporate authorities, the Director of Development Services will review the materials to confirm that the materials provide sufficient information to adequately inform the corporate authorities of the nature and scope of the proposed planned development. If sufficient information is provided, the applicant shall coordinate with the village manager to be placed on a corporate authorities agenda and scheduled for the earliest appropriate corporate authorities meeting.

      2.   The purpose of the preliminary board review shall be to broadly acquaint the corporate authorities with the applicant's proposal and to provide the applicant with any preliminary views or concerns that members of the corporate authorities may have at a time in the process when positions are still flexible and adjustment is still possible and prior to the time when the applicant is required to expend the funds necessary to prepare the complete documentation required for a formal application.

      3.   At the meeting at which the preliminary board review is conducted, any member of the corporate authorities may make any comments, suggestions or recommendations regarding the preliminary development concept plan deemed necessary or appropriate by that member; provided, however, that no final or binding action shall be taken with respect to any preliminary application. Any views expressed in the course of the corporate authorities' review of any preliminary development concept plan shall be deemed to be only preliminary and advisory and only the individual views of the member expressing them. Nothing said or done in the course of such review shall be deemed to create, or to prejudice, any rights of the applicant or to obligate the corporate authorities, or any member of it, to approve or deny any formal application following full consideration as required by this chapter.

   B.   Prefiling Review And Transmittal Of Application:

      1.   Conference:

         a.   Following the preliminary board review, a prospective applicant, prior to submitting a formal application for a planned development, shall meet for a prefiling review conference with the village manager, the Director of Development Services, and any other village official or employee designated by the village manager. The purpose of the conference is to assist the applicant in understanding the Comprehensive plan, the requirements of this chapter, the zoning regulations, the site development allowances, the standards by which the application will be evaluated, and the application requirements.

         b.   After reviewing the planned development process, the applicant may request a waiver of any application requirement which in the applicant's judgment should not apply to the proposed planned development. The justification for a waiver must be that the application requirement should not apply because it does not relate and is not necessary given the nature and scope of the proposed planned development. All requests for application waivers shall be made in writing to the Director of Development Services prior to the submission of the formal application documents.

         c.   All requests for waiver shall be reviewed by the Director of Development Services, who will make a final determination regarding the waiver within fifteen (15) working days of receipt of the request.

         d.   If deemed appropriate by the Director of Development Services, the applicant, prior to submitting a formal application for a planned development, will schedule a public meeting to discuss the proposed planned development and the nature and extent of impact, if any, on area residents. If a meeting is required, the applicant shall send a written notice of the meeting via certified mail to all taxpayers of record and residents for all property within five hundred feet (500') of the proposed planned development. The notice shall be mailed not more than thirty (30) nor less than fifteen (15) days prior to the date of the meeting. A copy of the notice and mailing list shall be provided to the Director of Development Services. A written summary of comments made at the meeting shall be maintained and submitted by the applicant with the application.

      2.   Filing Of Application: Following the completion of the prefiling review conference, the applicant shall file an application for a planned development in accordance with this chapter. The Director of Development Services shall deliver copies of the application to other appropriate village departments for review and comment.

      3.   Deficiencies: The Director of Development Services shall determine whether the application is complete. If the Director of Development Services determines that the application is not complete, then the Director of Development Services shall notify the applicant in writing of the deficiencies and shall take no further steps to process the application until the deficiencies are remedied.

      4.   Report On Compliance: A copy of the complete application and a written report incorporating the comments of village staff and other agencies regarding the compliance of the proposed planned development with the requirements and standards of this chapter shall be delivered to the planned development commission prior to the public hearing required by subsection C of this section.

      5.   Determination Not Binding: Neither the Director of Development Services determination that an application is complete nor any comment made by the Director of Development Services or village staff at a prefiling review conference or as part of the review process shall be intended or construed as a formal or informal recommendation for or against the approval of a proposed planned development, or any component part thereof, nor shall they be intended or construed as a binding decision of the village, the Planning and Zoning Commission, or village staff.

      6.   The application will be referred to Planning and Zoning Commission by the Village Board.

   C.   Review And Action By The Planning and Zoning Commission:

      1.   Upon receiving the report from the Director of Development services, and referral from the Village Board, the Planning and Zoning Commission shall hold a public hearing on the proposed planned development.

      2.   Notice of the required public hearing shall be published by the village, at the applicant's expense, not more than thirty (30) nor less than fifteen (15) days before the scheduled hearing in a newspaper of general circulation in the village and shall contain the following information:

         a.   The identification number designation of the application;

         b.   The date and time of the public hearing;

         c.   The location of the public hearing; and

         d.   The general location of the property, the legal description of the property and its street address, if applicable, and a short description of the proposed planned development and purpose of the public hearing.

      3.   Notice of the required public hearing shall also be provided by the village, at the applicant's expense, by posting a sign or signs on the property not more than thirty (30) days nor less than fifteen (15) days prior to the public hearing. The sign shall be weatherproof and contain the information as is required in subsection C2 of this section. Failure to post the sign(s) and/or the inadvertent removal or knocking down (by the village or others) of the sign after posting but before the public hearing shall not invalidate, impair, or otherwise affect any planned development subsequently granted following the public hearing, nor shall it require a postponement of the public hearing.

      4.   Notice of the required public hearing shall also be provided by the applicant by certified U.S. mail, return receipt requested, to the taxpayers of record and owners of record of the property which is the subject of the application (if different than the applicant), and the taxpayers of record and residents of all property within five hundred feet (500') of the subject property. The notice shall contain the information as is required in subsection C2 of this section and shall be mailed not more than thirty (30) nor less than fifteen (15) days prior to the date of the public hearing. The notice shall also include the name and address and phone number of the applicant for the planned development.

      5.   The transcript of testimony, if any, the commission's minutes, all applications, requests, exhibits, and papers filed in the proceeding before the commission, and the decision and report, or reports, of the commission shall constitute the record for that particular application.

      6.   The Planning and Zoning Commission shall review the application, the standards and requirements established by this chapter, the report of the Director of Development Services, and any oral and written comments and testimony received by the planned development commission before and at the public hearing. The Planning and Zoning Commission shall recommend approval, approval with conditions, or disapproval of the proposed planned development.

      7.   Every recommendation of the commission upon any application filed pursuant to this chapter shall include such findings of fact and conclusions as the commission shall deem necessary. The findings shall generally refer to the evidence in the record and to the exhibits, plans, or specifications upon which the recommendation is based. The findings shall generally specify the reason or reasons for the recommendation and shall contain a conclusion or statement separate from the findings setting forth the recommendation of the commission. The findings shall expressly set forth any limitations or conditions recommended by the commission. In order to make a recommendation to approve (with or without conditions) or a recommendation to deny a proposed planned development or an amendment to an existing planned development, the affirmative vote of a majority of all members of the commission then holding office shall be required.

   D.   Review And Action By The Corporate Authorities:

      1.   Within sixty (60) days of receipt of the report and recommendation of the Planning and Zoning Commission, and without further public hearing, the corporate authorities shall, at a minimum, commence consideration of the proposed planned development. The corporate authorities will attempt to conclude its consideration and render a final decision as soon as possible within that sixty (60) day time period, but may extend its consideration as necessary to allow a full and complete review and consideration of the proposed planned development. Following its consideration, the corporate authorities shall: a) deny the application; b) refer the application back to the Planning and Zoning Commission for further review and, if necessary, additional public hearings; c) postpone further consideration pending the submittal of additional information, including any application requirement previously waived but deemed necessary by the village for its consideration; or d) adopt an ordinance approving the planned development.

      2.   Any action taken by the corporate authorities pursuant to subsection D1 of this section shall require the concurrence of a majority of the corporate authorities; provided, however, that any proposed planned development that does not receive a recommendation of approval (with or without conditions) from the Planning and Zoning Commission shall not be approved by the corporate authorities except by the affirmative vote of two-thirds (2/3) of the corporate authorities.

      3.   In approving a planned development, the corporate authorities may attach such conditions to the approval as it deems necessary to have the proposed use or combination of uses meet the standards set forth in this chapter and to prevent or minimize adverse effects on other property in the immediate vicinity. The conditions may include, but are not limited to: impact donations and other related fees or property or monetary contributions; limitations on size, bulk, location, and setbacks; requirements for landscaping, signage, and outdoor lighting; provisions for adequate ingress and egress; hours of operation; and such other conditions as the corporate authorities may deem necessary in furtherance of the objectives of this chapter.

   E.   Exemptions: At the election of the applicant, the planned development provisions of this chapter shall not apply to an existing development or a proposed development project that satisfies all of the underlying zoning regulations applicable to the property. In such case, the proposed development will be subject to the processes of the village that are applicable to any new construction project. (Ord. G-890, 7-14-2009; Ord. G-904, 11-10-2009; Ord. G-1261, 10-22-2024)

   A.   Owner To File Application: The application for a planned development must be filed by the owner of the property on which the planned development is proposed to be located or any person or entity having a contractual interest in the property. If the application is not filed by the owner, the owner must, at a minimum, confirm to the village in writing that the owner has authorized the applicant to apply for the proposed planned development.

   B.   Information Required: Applications for a planned development shall be filed with the Director of Development Services in such form and accompanied by such information, with sufficient copies, as shall be established from time to time by the village. Every application shall contain, at a minimum, the following information and related data:

      1.   The names and addresses of the owner(s) of the subject property and the applicant(s).

      2.   A statement from the owner of the subject property, if not the applicant, approving of the filing of the application by the applicant.

      3.   A survey of, and legal description and street address for, the subject property.

      4.   A statement demonstrating compliance of the proposed planned development with the Comprehensive plan, and evidence of the proposed project's compliance in specific detail with each of the standards for planned developments provided in this chapter.

      5.   A scaled site plan showing the existing contiguous land uses, natural topographic features, zoning districts, public thoroughfares, and transportation and utilities.

      6.   A scaled site plan of the proposed planned development showing lot area, the required yards and setbacks, contour lines, common space, and the location, floor area ratio, lot area coverage and heights of buildings and structures, number of parking spaces and loading areas.

      7.   Schematic drawings illustrating the design and character of the building elevations, types of construction, and floor plans for all proposed buildings and structures. The drawings shall also include a schedule showing the number, type, and floor area for all uses or combinations of uses, and the floor area for the entire proposed planned development.

      8.   A landscaping plan showing the location, size, character, and composition of vegetation and other material.

      9.   The substance of existing covenants, easements, and other restrictions, and any to be imposed, on the use of land, including common open space, and buildings or structures.

      10.   A schedule showing the approximate date for beginning and completion of each stage of construction of the planned development.

      11.   A professional traffic study acceptable to the village showing the proposed traffic circulation pattern within and in the vicinity of the area of the planned development, including the location and description of public improvements to be installed, and any streets and access easements.

      12.   A professional environmental impact study identifying and describing the nature and extent of noise, light, and other potential environmental impacts associated with the planned development and the property on which the planned development is located, and the plans necessary to address those impacts.

      13.   A professional economic analysis acceptable to the village, including the following:

         a.   The financial capability of the applicant to complete the proposed planned development;

         b.   Evidence of the project's economic viability; and

         c.   A comprehensive analysis summarizing the economic impact the proposed planned development will have upon the village.

      14.   Copies of all environmental impact studies as required by law.

      15.   An analysis setting forth the anticipated demand on all village services resulting from the proposed planned development.

      16.   A plan showing off site utility improvements required to serve the planned development, and a report showing the cost allocations and funding sources for those improvements.

      17.   A site drainage and stormwater detention and maintenance plan for the proposed planned development.

      18.   A photometric/lighting plan for the proposed planned development.

      19.   A written summary of residents' comments pertaining to the proposed application from any public meeting or hearing held pursuant to subsection 13-15-5B or C of this chapter.

      20.   Plans necessary to describe, establish, and maintain appropriate property and building security and site control measures for the planned development and the property on which the planned development is located. These plans shall also include measures to prevent adverse impacts on neighboring properties.

   C.   Fees:

      1.   General Fees: Each application for a planned development shall be accompanied by a fee in the amount established by the corporate authorities from time to time payable to the order of the village to defray the costs and expenses of the planned development procedures, and any other filing or other charges established pursuant to this subsection.

      2.   Additional Cost Recovery: Every application filed for a planned development pursuant to this chapter that requires the village to incur third party costs or expenses, including, without limitation, legal fees incurred by the office of the village attorney or any attorney or firm retained by the village, shall be subject to the cost recovery fee and lien provisions set forth in this subsection. The cost recovery fee shall be in addition to the general fees.

      3.   Responsibility For Payment: The owner of the property that is the subject of the application and, if different, the applicant, shall be jointly and severally liable for the payment of the general fees, the cost recovery fee, and for the cost recovery lien. By signing and authorizing the application, the owner or applicant shall be deemed to have agreed to pay, and to have consented to, the general fees and cost recovery fee, plus any costs of collection, that have not been paid within thirty (30) days following the mailing of a written demand for payment to the owner or applicant at the address set forth on the application, including any additional cost recovery fees assessed herein. Any lien filed pursuant to this subsection may be foreclosed in the manner provided for mortgages or mechanics' liens under Illinois law.

      4.   Recoverable Costs: For purposes of calculating the cost recovery fee and general fees, the costs incurred by the village with respect to the following items shall be deemed to be the "actual costs" incurred by the village in processing an application for a planned development:

         a.   Publication and mailing of notices;

         b.   Court reporter and recording secretarial services;

         c.   Professional and technical consultant services;

         d.   Village attorney, or other village related attorney or law firm, consultation, meeting attendance, document preparation, and review;

         e.   Copy reproduction;

         f.   Document recordation; and

         g.   Inspection fees.

      5.   Escrow: For each application filed and processed pursuant to this chapter that requires the village to incur third party costs or expenses, an application fee escrow account shall be established as provided below:

         a.   Initial Deposit: Every petition filed that requires the village to incur third party costs or expenses shall be accompanied by an initial deposit for purposes of paying additional application fees. The amount of the initial deposit shall be determined by the village manager, and the initial deposit and any subsequent deposit shall be placed in an application fee escrow account. No interest shall be payable on any such escrow account.

         b.   Draws From Escrow: From the date of filing of any application, the village shall maintain an accurate record of the actual costs of processing and reviewing the application. The village shall, from time to time, draw funds from the escrow account established to pay costs identified in subsection C4 of this section and shall transfer funds to the appropriate village accounts. The village shall maintain an accurate record of all draws.

         c.   Additional Deposits: Should the village at any time determine that the escrow account established in connection with any application is, or is likely to become, insufficient to pay the actual costs of processing an application, the village shall inform the applicant of that fact in writing and demand an additional deposit in an amount deemed to be sufficient to cover foreseeable additional costs. Unless and until such additional amount is deposited by the applicant, the village may direct that processing of the application be suspended or terminated. Any termination shall be deemed a withdrawal of the application by the applicant.

         d.   Final Settlement: As soon as reasonably feasible following final action on an application, the village shall cause a final accounting to be made of the escrow deposits made in connection with the application and the actual costs of processing the application and shall make a final charge of costs against the escrow deposit. A copy of the accounting shall be provided to the applicant. If the amount in the escrow is insufficient to pay the total actual costs, a written demand for payment of the balance due shall be mailed to the applicant. If any unused balance remains in the escrow account after paying the total actual costs, that amount shall be returned to the applicant.

      6.   Waiver For Specified Public And Charitable Bodies: The provisions of this subsection may be waived by the corporate authorities for fees applicable to any application filed by any public body, or any agency deriving the majority of its revenues from taxes levied within the village, or any charitable or eleemosynary organization.

      7.   Condition Of All Planned Development Applications And Approvals: No application filed pursuant to this chapter shall be considered complete unless and until all fees due pursuant to this subsection C have been paid. Every approval granted and every permit issued pursuant to this chapter shall, whether or not expressly so conditioned, be deemed to be conditioned upon payment of cost recovery fees as required by this subsection C.

      8.   Time Periods: Where this chapter provides that the passage of time without decision or action shall be deemed an approval or recommendation for approval, all time periods shall be tolled during any period of nonpayment, but shall otherwise continue to run.

      9.   Failure To Pay: The failure to fully pay cost recovery fees when due shall be grounds for refusing to process an application and for denying or revoking any planned development approval sought or issued with respect to the land or development to which the unpaid fee relates. (Ord. G-890, 7-14-2009; Ord. G-1261, 10-22-2024)

   A.   Approval of the planned development by the corporate authorities authorizes the applicant to proceed with any necessary applications for building permits, certificates of occupancy, and other permits which the village may require for the proposed planned development. The village's Director of Development Services shall review applications for these permits for compliance with the terms of the planned development granted by the corporate authorities and other applicable requirements. No permit shall be issued for development which does not comply with the applicable requirements of law, including, without limitation, the terms and conditions of the planned development ordinance approved by the corporate authorities.

   B.   The village shall administratively revise the official zoning map to properly note the existence and boundaries of each approved planned development; provided, however, that any such notation of a planned development shall not constitute a map amendment to the official zoning map.

   C.   Subject to subsection G of this section, the corporate authorities may declare the approval of a planned development null and void if the recipient does not file a complete application for a building permit relative to the proposed planned development within nine (9) months after the date of adoption of the ordinance approving the planned development.

   D.   Subject to subsection G of this section, the corporate authorities may declare the approval of a planned development null and void if construction has not commenced within twenty four (24) months, and is not completed within thirty six (36) months, after the date of adoption of the ordinance approving the planned development, except as may otherwise be provided in the ordinance approving the planned development.

   E.   Subject to subsection G of this section, the corporate authorities may declare the approval of a planned development with a phasing plan null and void if construction has not commenced and is not completed in accordance with the terms of the phasing plan.

   F.   Subject to subsection G of this section, the corporate authorities may declare the approval of a planned development with a master development plan null and void if construction has not commenced and is not completed in accordance with the terms and conditions contained in the master development plan.

   G.   An extension of the time requirements provided pursuant to subsections C, D, E, and F of this section may be granted by the corporate authorities for good cause shown by the applicant, provided a written request is filed with the village at least four (4) weeks prior to the respective deadline.

   H.   The corporate authorities may declare the approval of a planned development null and void if the use or combination of uses for which the approval was granted ceases for a consecutive period of one year.

   I.   No application for a planned development which was previously denied by the corporate authorities shall be considered by the planned development commission or the corporate authorities if it is resubmitted in substantially the same form and content within one year of the date of such prior denial.

      1.   The Director of Development Services shall review the application for a planned development and determine if the application is or is not substantially the same as a previously denied application. An applicant has the right to request a meeting before the corporate authorities to appeal the determination of the Director of Development Services that the application is substantially the same, provided a petition for appeal is filed in writing with the village manager within ten (10) days after the Director of Development Services determination.

      2.   The corporate authorities shall affirm or reverse the determination of the Director of Development Services, regarding whether the new application is substantially the same as a previous application, within forty five (45) days after receipt of the appeal.

      3.   If it is determined that the new application is not substantially the same, then the applicant shall be entitled to continue with the application process and have the application reviewed in accordance with the provisions of this chapter. (Ord. G-890, 7-14-2009; Ord. G-1261, 10-22-2024)

   A.   Major Change: Except for those specific alterations that meet the standards to qualify as a "minor change" as provided in subsection B, or an administrative change as provided in subsection C, any amendments or modifications to an approved planned development or any addition to or expansion of an existing planned development shall require separate review and approval under the provisions applicable to the initial approval of a planned development.

   B.   A "minor change" is any change in the site plan or design details of an approved planned development which is consistent with the standards and conditions applicable to the planned development and which does not alter the concept or intent of the planned development, but does not meet the standards of an "Administrative Change" in subsection C. A developer's request for Minor Change must be accompanied by an accurate schematic and descriptive narrative of the proposed changes (the " Minor Change Request"). The Director of Development Services shall make a written recommendation (the "Written Recommendation") to the Village Manager who shall then submit the Minor Change Request and Written Recommendation to the Village President and Board of Trustees (collectively the "Corporate Authorities") for review, such review period not to exceed seven (7) calendar days (the "Notice Period"). At the conclusion of the Notice Period:

      1.   If less than two (2) members of the Corporate Authorities provide a written objection to the Village Manager, the Written Recommendation shall be deemed acceptable and the Minor Change Request shall be approved by the Village Manager;

      2.   If two (2) or more members of the Corporate Authorities provide a written objection to the Village Manager, the Written Recommendation and Minor Change Request shall be referred to the Corporate Authorities at next available Village Board of Trustees meeting for discussion and/or referral to the Planning and Zoning Commission. At the meeting:

         a.   If the Corporate Authorities, by majority vote present at such meeting, vote in favor to refer to the Minor Change Request to the Planning and Zoning Commission, then such request shall be deemed a Major Change, requiring separate review and approval under the provisions applicable to the initial approval of a planned development.

         b.   Any failed vote, by majority present at such meeting, to vote in favor to refer the Minor Change Request to the Planning and Zoning Commission shall be deemed acceptance of the Written Recommendation and the Minor Change Request shall be approved by the Village Manager.

   C.   Administrative Change: An "Administrative Change" is a nominal change in the site plan or design details of an approved planned development which is consistent with the standards and conditions applicable to the planned development and which does not materially alter the concept or intent of the planned development. Nominal changes shall be defined as minor shifting of elements within the plan which are otherwise unrecognizable to the general public. Such nominal changes may include shifting of landscape elements, without reduction in number, substantially similar material substitutions, minor architectural modifications such as shifting or rearrangement of features without reduction in the quality of materials or design, or shifting of underground utilities. An Administrative Change may be approved by the Village Manager following receipt of a written recommendation (the "Written Recommendation") of the Director of Development Services.

   D.   The standard to apply to changes outlined in subsections B and C of this section shall include any material change, which shall be defined as any change where there is a substantial likelihood that such change, when viewed by a reasonable person, would result in an outcome that: (i) is inconsistent with the standards and conditions applicable to the planned development; or (ii) alters the concept or intent of the planned development. The following changes shall be deemed to be material for purposes of this section and specifically excluded from the scope of an Administrative Change:

      1.   Any increase the planned development's density (including but not limited to FAR or Lot Coverage);

      2.   Any addition of any new uses not otherwise permitted by the underlying Zoning District;

      3.   Any increase in any applicable bulk regulation;

      4.   Any reduction in openspace;

      5.   Any modification of the proportion of units and/or bedroom counts;

      6.   Any change to, addition or removal of any new parking areas;

      7.   Any alteration of the alignment of roads or above-ground utilities;

      8.   Any amendment of final development agreements, provisions or covenants;

      9.   Any sign not permitted by the Sign Code;

      10.   Any electrical box, gas line, meter, emergency exit door, or other such feature facing an entrance or public street which is not fully screened in a year-round manner;

      11.   Any other change inconsistent with any standard or condition imposed by the corporate authorities in approving the planned development.

   E.   The provisions and limitations of subsections A through D of this section are subject to such additional conditions and provisions as the corporate authorities may include in the ordinance approving a planned development. (Ord. G-890, 7-14-2009; Ord. G-1261, 10-22-2024)