The purpose of the R-4 Planned Unit Development District is to provide locations for low intensity multi-family housing developments, that may include some single-family detached housing, that are compatible with each other and with the surrounding neighborhood, and that have a higher level of environmental and recreational features, as identified in the Comprehensive Plan of the Village, which result from creative and innovative cluster design.

(Ord. 2011-38. Passed 9-12-11.)

   In addition to planned unit developments in R-4 and R-5 Districts, a planned unit development may be granted in any other district as a special use in accordance with the same procedures and standards applicable in the R-4 and R-5 Districts, as the same are set forth herein.

   (a)   Preliminary Conference. The applicant shall request a conference with the Plan Commission for a preliminary discussion of the proposed planned unit development. Such conference may be continued from time to time. The applicant shall present such exhibits and written information as may be necessary to fully acquaint the Commission with the proposed development, such exhibits and information to include, but not necessarily be limited to, the following:

      (1)   A tentative sketch plan, which may be in free-hand sketch form, showing the location and extent of the types of land uses proposed;

      (2)   The existing topography at five-foot contour intervals which may be taken from U.S.G.S. information;

      (3)   Existing streets surrounding the subject property;

      (4)   Existing utilities including storm drainage facilities;

      (5)   Existing sewage facilities;

      (6)   Existing water supply facilities;

      (7)   The following, to be provided by either graphic exhibits or a written statement:

         A.   The density of residential uses and the number of dwelling units by type;

         B.   Ancillary and nonresidential uses to be provided in a residential development;

         C.   Off-street parking and other service facilities proposed; and

         D.   Exceptions or variations to the Zoning Code or the Subdivision Regulations being requested as part of the planned unit development application;

      (8)   A complete property survey and legal description of the site proposed for development;

      (9)   Preliminary architectural concepts for the development presented to indicate the proposed character of the buildings in the development;

      (10)   A preliminary school and tax impact study indicating the impact of the development on the local taxing bodies;

      (11)   A preliminary market study giving evidence of the need and feasibility of the proposed development;

      (12)   A preliminary development schedule indicating the approximate dates when construction of various stages of the development can be expected to begin and be completed; and

      (13)   A preliminary traffic analysis.

   Within thirty days after adjournment of the conference, the Commission shall submit to Council its report in writing containing recommendations and requesting Council's guidance as to further action. Upon receipt of the assent of Council, the Commission shall request the applicant to submit his or her formal petition.

   (b)   Formal Petition.

      (1)   A formal petition for the planned unit development with twelve copies, shall be addressed to Council and be filed with the Village Clerk, the original and each copy to have attached to it copies of the supporting documents and exhibits provided for in this section.

      (2)   A filing fee of two hundred fifty dollars ($250.00) shall be paid to the Clerk at the time of such filing.

      (3)   All requests for residential planned unit development shall be reviewed by Village staff for completeness, and then forwarded in a timely manner to the Plan Commission, who shall consider said request at a public hearing, and make recommendations to the applicant and to the Village Council, who shall approve or deny said request. The notices and public hearing procedures shall conform to Section 1262.10 of the Village Code.

      (4)   The Clerk shall forward a copy of the petition to the Mayor and to each member of Council and of the Commission.

      (5)   Within thirty days after the public hearing date, the Commission shall report to Council its findings and recommendations in writing, accompanied by such plats, exhibits and agreements as have been presented to the petitioner, each identified for reference by letter or number, together with any suggested changes therein. The Commission shall certify that the final plat meets the requirements of this Zoning Code.

   (c)   Contents of Formal Petition. The formal petition shall contain, in addition to all other requirements, the following:

      (1)   A planned unit development plat, as prepared by a qualified land planner and/or a licensed architect. Such plat shall be at a scale not less than one inch equals 100 feet and shall show all proposed streets (public and private), all principal and accessory buildings and their use, off-street parking, service areas, open space, recreational facilities and any other information necessary to clearly show the proposed elements of the development.

      (2)   Preliminary architectural plans for all multifamily buildings, submitted in sufficient detail to show the basic building planning, the number of units per building and the number of bedrooms per dwelling unit;

      (3)   A topographic survey and a boundary survey of the subject area, including contours at five-foot intervals, locations of all major trees, and natural amenities such as creeks, soil test data, etc. , prepared and certified by a registered State surveyor;

      (4)   A plan of the development area, showing in contrasting colors, or by other means, the respective proposed streets, street classifications, lot sizes, rights of way, building lines, easements for utility services, existing buildings or structures and the location of all categories of land use;

      (5)   A map of the Village showing the development area and its relation to the existing streets and use districts in and immediately adjacent to the Village;

      (6)   Preliminary plans and outline specifications, as prepared by a licensed engineer, of the following improvements:

         A.   Roads, streets and alleys, including classification, widths of rights of way, widths of paved surfaces and construction details;

         B.   Sidewalks, including widths of paved surfaces and construction details;

         C.   The sewage disposal system;

         D.   The water supply system;

         E.   The street and public area lighting system; and

         F.   Recommended installations for electric, gas and telephone facilities and distribution;

      (7)   A statement of planning objectives to be achieved by the planned unit development. Such statement shall include a description of the character of the proposed development and the rationale behind the assumptions and choices of the developer.

      (8)   A statement of present and proposed ownership of all land within the project, including present tract designation according to official records in the offices of the County Recorder of Deeds. A certificate shall be furnished that there are no delinquent taxes constituting a lien on the property or any part thereof.

      (9)   The names and addresses of the persons to whom the notice of the hearing to be held by the Commission should be sent (i.e. the developer, the designer and the owners of the land immediately adjoining);

      (10)   A development schedule indicating:

         A.   Stages in which the project will be built, with emphasis on area, density, use and public facilities, such as open space, to be developed with each stage. The overall design of each stage shall be shown on the plat and through supporting graphic material.

         B.   Approximate dates for beginning and completion of each stage; and

         C.   The mix of uses built in each stage, if different land use types are to be included within the development;

      (11)   Proposed agreements, provisions or covenants which will govern the use, maintenance and continued protection of the planned development and any of its common open space;

      (12)   Information on the type and amount of ancillary and nonresidential uses, including the amount of common open space;

      (13)   Preliminary plans for plant materials, earth sculpturing, berming and aesthetic features;

      (14)   Information on the student load and financial impact on the local school districts, including expected scheduling of potential students;

      (15)   Information on the taxes to be generated by the proposed project and the cost to the various taxing bodies to provide the necessary services to the project;

      (16)   Information on the adequacy of the local transportation and thoroughfare system to handle anticipated traffic volumes generated by the planned unit development, as well as an analysis to show the adequacy of the internal vehicular circulation pattern; and

      (17)   An economic feasibility study of the proposed development, including information on land utilization and marketing potentials and evidence showing the need and feasibility of the proposed development.

   (d)   Approval of Plat. Council, after receipt of the final plat from the Commission, shall approve or disapprove such plat within sixty days and, if approved, shall pass an ordinance authorizing the planned unit development and allowing the issuance of all necessary permits in accordance with this Zoning Code.

(Ord. 2010-06. Passed 2-8-10.)

   Upon final approval of the planned unit development by Council, the following items and documents shall be submitted to the Village Clerk:

   (a)   Final Plat. A final planned unit development plat, suitable for recording with the County Recorder of Deeds, shall be prepared. The purpose of the final plat is to designate with particularity the land subdivided into conventional lots as well as the division of other land, not so treated, into common open areas and building areas. The final plat shall include, but not be limited to:

      (1)   An accurate legal description of the entire area under immediate development within the development;

      (2)   A subdivision plat of all subdivided lands in the same form as, and meeting all the requirements of, a normal subdivision plat;

      (3)   An accurate legal description of each separate unsubdivided use area, including common open space;

      (4)   A designation of the exact location of all buildings to be constructed;

      (5)   Certificates, seals and signatures required for the dedication of lands and the recording of the document; and

      (6)   A tabulation on the separate unsubdivided use area, including the land area, the number of buildings, the number of dwelling units and the number of dwelling units per acre.

   (b)   Common Open Space Documents. All common open space shall be conveyed to a Municipal or public corporation, conveyed to a not-for-profit corporation or entity established for the purpose of benefiting the owners and residents of the planned development or retained by the developer with legally binding guarantees, in a form approved by the State's Attorney, that the common open space will be permanently preserved as open area. All land conveyed to a not-for-profit corporation or similar entity shall be subject to the right of such corporation to impose a legally enforceable lien for maintenance and improvement of the common open space.

   (c)   Public Facilities. No public facilities and improvements for the planned unit development shall be constructed in advance of the approval of the final plat or until a subdivider's bond is posted to guarantee construction of the required improvements. The subdivider's bond, payable to the Village, shall be sufficient to cover the full cost of on-site improvements plus ten percent. Detail construction plans shall be submitted for all public facilities to be built.

   In lieu of a subdivider's bond, the developer may deposit, with the Clerk, cash, a cashier's check or a certified check drawn upon an acceptable bank in the amount of ten percent of the cost of such public facilities and improvements. Such cash or check shall be returned upon completion of such public facilities and improvements according to the approved site plan and upon acceptance by the Village Commissioner of Streets and Public Improvements.

   No construction work shall be started until the building permit is issued and until such bond or deposit requirements are met.

   (d)   Construction Plans. Detailed plans shall be submitted for the design, construction or installation of site amenities, including buildings, landscaping, lakes and other site improvements.

   (e)   Construction Schedule. A final construction schedule shall be submitted for that portion of the planned unit development for which approval is being requested.

   (f)   Delinquent Taxes. A certificate shall be furnished from the appropriate County official showing that no delinquent taxes exist and that all special assessments constituting a lien on the property, or any part thereof, of the planned unit development, have been paid.

   (g)   Covenants. Final agreements, provisions or covenants which will govern the use, maintenance and continued protection of the planned unit development shall be recorded at the same time as the final planned unit development plat.

   No work shall be started until the building permit is issued and a bond is posted in accordance with the following: The petitioner or developer shall construct and install the required improvements and must post with the Village a sum, in cash, negotiable securities or a surety bond running to the Village, in an amount sufficient to cover the full cost at the time of construction, including engineering and inspection fees and costs, to assure the satisfactory installation of such improvements. The amount of such deposit or bond shall be based upon the confirmed estimate of cost hereinabove provided for. If a surety bond is submitted, it shall have a good and sufficient surety thereon and shall not be accepted until approved by Council. The above total performance requirement may be waived at the discretion of Council, except that at no time may bond requirements for Municipal improvements be waived. The Building Commissioner and his or her inspectors shall have access to the development at all times during the period of construction. Upon completion, inspection shall be made by Council or its agent at the expense of the developer, and upon approval or acceptance of the improvements by Council the amount of the bond may be reduced to equal the cost of such improvements.

   If the planned unit development is to be constructed in stages or phases, the deposit of cash or securities or the bond posted shall be in an amount based upon the confirmed estimated cost of installation of improvements in the respective stage or phase as approved by the Village Engineer.

   (a)   Building permits shall be issued only after the final planned unit development and supporting data have been recorded with the County Recorder of Deeds, and shall be issued in full conformity with this Zoning Code. Proof of the recording of the final plat shall be provided to the Village Clerk.

   (b)   Building permits shall be issued by the Building Commissioner only after:

      (1)   All requirements of the Village Building Code are met;

      (2)   The deposit of the performance bond; and

      (3)   Approval by Council of the final plat.

   (c)   No plans shall be approved for a permit unless such plans are in accordance with the B.O.C.A. Basic Building Code for multifamily dwellings, are signed and sealed either by an architect licensed to practice architecture, as provided by the Illinois Architectural Act, by a structural engineer licensed to practice structural engineering, as provided by, the Illinois Structural Engineering Act, or by a registered professional engineer licensed to practice professional engineering, as provided by the Illinois Professional Engineering Act.

   (d)   All utilities shall be underground.

(Adopting Ordinance; Ord. 2000-18. Passed 5-22-00; Ord. 2014-22. Passed 9-22-14.)

(Ord. 1988-20. Passed 5-9-88; Ord. 2000-05. Passed 2-14-00; Ord. 2011-28. Passed 6-13-11.)

(Ord. 2022-15. Passed 6-27-22.)

   The development project shall be developed only according to the approved and recorded final plat and all supporting data. The recorded final plat and supporting data, together with all recorded amendments, shall be binding on the applicants, their successors, grantees and assigns and shall limit and control the use of premises and the location of structures in the planned unit development project as set forth therein.

   (a)   Major Changes. Changes which alter the concept or intent of the planned unit development, including increases in density, increases in the height of the buildings, reductions of proposed open spaces, changes in the development schedule, changes in road standards or changes in the final governing agreements, provisions or covenants, or other changes, may be approved only by submission of a new final planned unit development plat and by supporting data and following the final plat procedure. All changes from the original final plat shall be recorded with the County Recorder of Deeds as amendments to the final plat or reflected in the recording of a new corrected final plat.

   (b)   Minor Changes. The Building Commissioner may approve minor changes in the planned unit development which do not change the concept or intent of the development and are not defined as a major change.

   The final plats must be submitted for approval in accordance with agreed scheduling. The first final plat must be submitted not later than two years from the approval of the preliminary plat, and construction authorized by the issuance of a building permit must begin within two years of the date of the filing of the final plat dealing with such construction. If the same is not done, the approval shall be null and void and the Plan Commission shall initiate such zoning changes as it deems necessary to service the public interest. If construction falls more than three years behind the building schedule filed with the final plat, Council shall either extend the schedule period or initiate action to revoke approval of the planned unit development. Extensions in the building schedule for two-year periods may be recommended by the Commission and granted by Council.

   No plat of a planned unit development shall be entitled to record in the County Recorder's Office or have any validity until it has been approved in a manner prescribed in this chapter.

   All plats, after the same have been submitted and approved as provided in this chapter and recorded in the office of the County Recorder of Deeds, shall be filed and kept by the Village Clerk among the records of the Village.

   Wherever any provision of this chapter is in conflict with another provision of this Zoning Code or another ordinance of the Village, the provision of this chapter shall prevail, except that the requirements of Chapter 1462 of the Building and Housing Code must be complied with.

   In addition to other uses permitted within the R-4 Planned Unit Development District, small wireless facilities, as defined and regulated in Chapter 1032, shall be a permitted use within an R-4 Planned Unit Development District when located entirely within a public right-of-way, and shall be classified as a minor change under Section 1270.07.

(Ord. 2018-24. Passed 8-13-18.)