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Palos Heights City Zoning Code

PLANNED RESIDENTIAL

DEVELOPMENT PROCEDURE

§ 153.120 SUMMARY OF PROCEDURE.

   A generalized summary of the steps for consideration and approval of Planned Residential Developments and subdivision plans relating thereto is as follows:
   (A)   Preapplication conference or conferences are held with the plan commission and the planning and zoning committee of city council in order to obtain information and guidance in preparing the development application.
   (B)   The development application (conceptual and schematic), with plans and statements, is submitted to the plan commission and the planning and zoning committee of city council. A public hearing is held.
   (C)   The development plan is approved. Applicant is authorized to proceed with the preparation of the final subdivision application.
   (D)   The final subdivision application is filed with the city clerk. The plan commission shall recommend to the city council to approve, modify, and approve or disapprove the application within 60 days after the final subdivision application is filed.
   (E)   Applicant is notified of city council action by the city clerk. Approved subdivision plans are recorded as required herein and by statute.
   (F)   Applicant shall commence construction within 6 months, for an approved subdivision; and one year for an approved development, following recordation of approved plans. Upon his failure to do so, the development and approvals are voidable.
(Ord. O-17-70, passed 7-7-70; amend. Ord. O-23-73, passed 4-24-73)

§ 153.121 APPLICANT.

   Planned Residential Development applications shall be filed in the name or names of the record owner or owners of property, included in the development, as shown in the Cook County recorder's office. However, the applications may be filed by the holder of an equitable interest in the property. If record title is changed for all or any portions of the property prior to issuing final subdivision approval, the records of the city clerk and the plan commission, and related documents, shall be amended to reflect the changes, before maps and documents are filed in the Cook County recorder's office, as provided herein.
(Ord. O-17-70, passed 7-7-70)

§ 153.122 PREAPPLICATION CONFERENCE.

   To obtain information, each applicant shall confer with the plan commission in connection with the preparation of the Planned Residential Development application. The general outlines of the proposal, evidenced schematically by sketch plans, are to be considered before submission of the development application. Thereafter, the plan commission shall furnish the applicant with their written comments regarding the conference, including appropriate recommendations to inform and assist the applicant prior to his preparing the components of the development application. It is not required that any person requesting a preapplication conference be an owner or holder of an equitable interest in the subject property.
(Ord. O-17-70, passed 7-7-70)

§ 153.123 PLANNED RESIDENTIAL DEVELOPMENT APPLICATION.

   (A)   All Planned Residential Development plans shall be submitted to the city clerk's office with an application in the form to be prescribed by it. The city clerk's office shall charge, for the processing of the application for the proposed improvements, a fee of $100 for each application. This fee shall be in addition to the fee prescribed in the subdivision code.
   (B)   Within 30 days after a complete development application has been filed with the city clerk, the plan commission shall hold a public hearing, which shall be construed as satisfying any requirement for a subdivision hearing.
   (C)   The plan commission shall approve, modify, and approve or disapprove any application within 30 days after the public hearing.
   (D)   The development application shall include the following:
      (1)   A declaration by the developer in which there is furnished:
         (a)   An evaluation of the proposed development, together with the factors considered in the evaluation.
         (b)   Evidence of financial ability to initiate and complete the development.
         (c)   Evidence of past experience in similar developments undertaken by this developer, or of his having retained people of demonstrated competence in the areas involved.
         (d)   A general statement regarding the nature and location of common open space and the means by which the developer will guarantee its continuity and maintenance.
         (e)   The general location and purpose of all nonresidential structures, if any.
         (f)   A general statement indicating the proposed types and locations of dwelling units, and the anticipated population density associated with each type.
         (g)   The method by which utilities will be provided.
      (2)   Conceptual and schematic plans incorporating the following elements:
         (a)   Those listed in § 153.107 hereof.
         (b)   Conceptual plans of the entire site showing:
            1.   Existing contours accompanied by outline of the grading plans.
            2.   Typical cross sections.
            3.   Drainage control.
            4.   Conceptual location of all main and accessory structures accompanied by an outline explaining intended heights, coverage, and treatment of yards.
            5.   General outline of motor vehicle parking and loading provisions.
            6.   General traffic circulation features, public and private streets, width of right-of-way and roadway, and location of vehicular access points thereto.
            7.   Pedestrian circulation features, walks, and paved areas.
            8.   Landscaping and forestry features.
            9.   General nature and location of public and private utilities and community facilities and services, including maintenance facilities.
            10.   Recreational and other nonbuilding areas, designated.
            11.   Soils map indicating buildability.
   (E)   Common open space information including:
      (1)   Percentage of acreage of the common open space in each part of the development.
      (2)   General nature of the common open space use.
      (3)   Topographical factors affecting the common open space.
   (F)   A schematic plan summarizing:
      (1)   Residential densities for each part of the development.
      (2)   Maximum square footage of gross floor area (under roof) of the mercantile and office space.
      (3)   Acreage of the common open space in each part of the development.
   (G)   A document describing the proposed phasing program for the development, for all dwelling units, nondwelling structures, recreational and other common facilities, and open space improvements, including the impact of each phase on the public school district.
(Ord. O-17-70, passed 7-7-70)

§ 153.124 APPROVAL, NOTICE, AND AUTHORITY TO PROCEED.

   (A)   Upon approval of the Planned Residential Development application by the city council, the city clerk forthwith shall:
      (1)   Furnish the developer with written notice of the approval.
      (2)   Cause the development to be noted on the face of the official zoning map of the city, indicating the approval date.
      (3)   Recording notice thereof in the office of the Cook County recorder in the name of the record owner of land affected thereby, giving:
         (a)    A legal description of the land.
         (b)   Specific reference to the approved development schematic plan.
      (4)   Record in the Cook County recorder's office a copy of the development schematic plan.
   (B)   The land described in the above notice shall be used only in accordance with the uses and densities shown on the recorded development schematic plan, except as provided in § 153.130.
   (C)   When the procedures above have been completed, the developer may proceed with the preparation of the preliminary subdivision application.
(Ord. O-17-70, passed 7-7-70)

§ 153.125 SUBDIVISION PROCESSING.

   (A)   Subdivision plans. Subdivision plans shall be submitted in accordance with the subdivision code, to a scale of 1 inch = 40 feet (minimum scale of not less than 1 inch = 100 feet may be accepted in special circumstances if the required data can be clearly shown at such a scale). Subdivision plans shall also show the following:
      (1)   Preliminary.
         (a)   Boundaries.
         (b)   Streets and ways.
         (c)   Easements.
         (d)   Pedestrian ways for general circulation.
         (e)   Outside parking areas.
         (f)   Areas to be kept open for community use.
         (g)   Locations of all existing trees, shrubs, as well as all new plantings of trees, shrubs.
         (h)   Parcels for subsequent sale (if any).
         (i)   Insert key map for overall tract when site under consideration is only a part of the Planned Residential Development.
      (2)   Final.
         (a)   Exact engineering data on boundaries, streets, ways, easements, parcels for sale, and monuments, in accord with the subdivision code.
         (b)   Monuments for angles and intersection points on survey line of public streets.
         (c)   Cross-reference to the recorded development schematic plan.
      (3)   Subdivision plans may be submitted for the whole development at one time, or the plans may be submitted for a part or parts of the development from time to time.
   (B)   Documents.
      (1)   At the time the preliminary subdivision application is filed with the city clerk, the developer shall file also:
         (a)   Project cost estimates for all public improvements in the subdivision plan.
         (b)   Other statements required by the subdivision code.
      (2)   At the time the final subdivision application is filed with the plan commission, the developer shall file in the office of the Cook County recorder all documents required by this section affecting title, occupancy, and use of the property contained in the subdivision.
(Ord. O-17-70, passed 7-7-70)

§ 153.126 FINAL APPROVAL.

   (A)   Within 6 months following the approval of the preliminary subdivision plan, the applicant shall file with the city clerk a final subdivision plan containing in final form all the information required. Upon written request by the applicant, the plan commission, for good cause, may extend for 6 months the period for filing the final subdivision plan.
   (B)   Within 60 days after the complete preliminary subdivision application is filed, with all necessary documents and exhibits, the city council must approve or modify, or disapprove it.
(Ord. O-17-70, passed 7-7-70)

§ 153.127 RECORDING.

   Upon approval of the final subdivision application, the city clerk shall notify the applicant, by certified mail, and thereafter upon payment of the required fee by the applicant, the maps and other related documents shall be recorded with the office of the city clerk in the city. If the city council approves the final subdivision application with modifications, the applicant shall cause the modifications to be made and then proceed as above.
(Ord. O-17-70, passed 7-7-70)

§ 153.128 FAILURE TO BEGIN PLANNED RESIDENTIAL DEVELOPMENT.

   (A)   If no construction has begun in the Planned Residential Development within one year from the date of approval and recording of documents, the approval shall lapse and be of no further effect. The city council, for good cause, may extend, for periods not to exceed one year, the time for beginning construction.
   (B)   If an approved development application shall lapse, as provided herein, notice of the lapse shall be recorded by the city clerk in the Cook County recorder's office, and thereafter the approval shall be considered as having been revoked.
   (C)   Nothing herein shall be considered as affecting the lapse and revocation if the developer commences construction. If construction commences, the final development approval may be modified only in accordance with § 153.129 hereafter.
   (D)   If no construction has begun in any subdivision within a development within 6 months from the date the approved subdivision map was recorded, the subdivision approval shall lapse and be of no further effect. The city council, for good cause, may extend for periods of 6 months the time for beginning construction. Except as provided in division (A) above, the lapsing of subdivision approval shall not result in the lapsing of a development approval.
   (E)   Written notification of the lapse shall be forwarded to the developer, and the city clerk shall attach a copy of the notification to the recorded subdivision map.
(Ord. O-17-70, passed 7-7-70)

§ 153.129 REVISIONS OF APPROVED FINAL PLANNED DEVELOPMENT APPLICATION.

   (A)   The development shall conform to the approved residential development plan and the approved final subdivision plan. The applicant, and his successors and assigns shall make no alterations, additions, or deletions to the Planned Residential Development plan, the related documents, or the site, except as provided herein.
   (B)   Upon final approval, changes may be made only pursuant to a new submission of a development application, which shall be processed and approved in accordance with this section. The plan commission may authorize minor changes, with approval of the city council, provided that the overall density is not increased without a new development application.
(Ord. O-17-70, passed 7-7-70)

§ 153.130 ESTABLISHMENT OF COMMON OPEN SPACES.

   The establishment of common open spaces and construction of public or common recreational facilities shown on the recorded Planned Residential Development plan, together with the construction of other nonresidential structures, shall proceed substantially in accordance with the phasing program referred to in § 153.125 (A) (3). But in no event shall residential construction proceed beyond 25% of the total residential development, unless planned open space, recreational, community, and any other nonresidential facilities are at an equal stage of completion. After general construction commences, the planning and zoning committee of the city council shall review, at least once every 6 months, all building permits issued, and compare them to the overall plan and phasing program. If it determines that the rate of construction of residential units or nonresidential units substantially differs from the phasing program, they shall so notify the developer and the plan commission in writing. Thereafter, the city council may issue orders to the developer as it sees fit, and, upon continued violation of this division, may suspend the developer from further construction until compliance is achieved.
(Ord. O-17-70, passed 7-7-70)

§ 153.131 VIOLATION.

   (A)   Whenever the city council shall find, in the case of any approved Planned Residential Development, that any of the terms, conditions, or restrictions upon which the approval was granted are not being complied with, the city council may rescind and revoke the approval. Notice thereof shall be given in accordance with § 153.128.
   (B)   Violation of a development as approved shall constitute a violation of the zoning code.
(Ord. O-17-70, passed 7-7-70)