Planned unit developments (PUDs) are of such substantially different characteristics from permitted uses and subdivision ordinance control that specific and additional standards and exceptions are set out to guide the recommendations of the PZC and the action of the Village Board.

(Ord. No. 2542, § 1, 9-12-2017)

1.

Residential PUDs permitted under the provisions of this section in the Agriculture District and R-1, R-2, R-3, and R-4 residential districts may include any permitted or special use in the Agriculture District or residential districts as a principal or accessory use. A maximum of 10 percent of the gross site area of a residential PUD may be devoted to commercial uses that are permitted by right (with issuance of a building permit) or as a special use in the commercial districts, including the required parking and any other accessory uses.

2.

Commercial PUDs, general shopping centers, and convenience shopping centers are permitted under the provisions of this section in the C-1 Neighborhood Commercial District, CB Central Business District, C-2 General Commercial District, C-3 Interstate Commercial District, and C-4 Commercial/Industrial District.

3.

Industrial PUDs are permitted under the provisions of this section in the I-1 Industrial District and I-2 Industrial District.

4.

A PUD in the Institutional District or Recreation District may include any permitted or special use in the Institutional or Recreation Districts. A maximum of 10 percent of the gross site area of a PUD in the Institutional District or Recreation District may be devoted to commercial uses that are permitted by right (with issuance of a building permit) or as a special use in the commercial districts, including the required parking and any other accessory uses.

5.

The particular uses included in a proposed PUD are subject to the review and approval procedures specified in this Article, and are not permitted by right.

(Ord. No. 2542, § 1, 9-12-2017)

1.

Minimum size.

a.

In order to qualify as an industrial PUD, a residential PUD, or a PUD in the Institutional or Recreational Districts, the parcel of land to be developed must comprise a total area of 200,000 square feet of contiguous land under single ownership, or with the consent of the owners of all land to be included. However, on any lot or group of adjoining lots recorded prior to November 1, 1980, a PUD is permitted if:

i.

The lots are surrounded on all sides by public streets, alleys, or other public land; or

ii.

The lots comprise one acre or more in area with a minimum dimension of 200 feet.

b.

A commercial PUD that is a shopping center may fall into the two following size classifications:

i.

General: A shopping center located on a site with a minimum land area of four acres and a combined building area of 50,000 square feet.

ii.

Convenience: A shopping center located on a site with a land area that is greater than 0.5 acres and less than four acres, with a combined building area between 12,000 and 50,000 square feet.

c.

The minimum lot size for a commercial PUD that is not a general shopping center or a convenience shopping center shall be 200,000 square feet.

2.

The front yard shall be a minimum of 30 feet in all districts.

3.

The rear yard and side yards shall be a minimum of 25 feet and shall be considered as the perimeter area less the front yard.

4.

Maximum building coverage.

Agricultural District: 30 percent.

R-1, R-2, R-3, or R-4 residential districts: 30 percent.

IN Institutional or RC Recreation districts: 50 percent.

C-1, CB, C-2, C-3, or C-4 commercial districts: 50 percent.

I-1 and I-2 Industrial districts: 50 percent.

5.

Maximum building height in all districts is 35 feet, or three stories.

6.

Minimum area in common open space.

Agricultural District: 15 percent.

R-1, R-2, R-3, or R-4 residential districts: 15 percent.

C-1, CB, C-2, C-3, or C-4 commercial districts: 10 percent.

IN Institutional District or RC Recreation District: 10 percent.

I-1 Industrial District or I-2 Industrial District: five percent.

(Ord. No. 2542, § 1, 9-12-2017)

1.

General goals of a planned unit development:

a.

To promote flexibility in design and permit planned diversification in the location of structures;

b.

To promote an efficient use of land, and to facilitate the conservation of energy and a more efficient arrangement of buildings, circulation systems, land uses, and utilities;

c.

To preserve to the greatest extent possible the existing landscape features and amenities, and to utilize such features in a harmonious fashion;

d.

To provide for more usable and suitably located recreation facilities and other public and common facilities that would otherwise be provided under conventional land development procedures;

e.

To combine and coordinate architectural styles, building forms, and building relationships within the PUD.

(Ord. No. 2542, § 1, 9-12-2017)

Procedure for PUD submission and approval shall be accomplished in accordance with the procedures indicated in this section.

1.

Preliminary conference: Prior to the preparation of a formal application, the applicant shall meet with the PZC to give the applicant the opportunity to be advised of the procedures and policies that may affect the application and to obtain whatever information the commission deems necessary concerning the application prior to its submission. At this time, the applicant may ask for a waiver of the preliminary plan submission if the plan falls into the category of convenience shopping center as defined in Article 2 of this Chapter. All final plan submission procedures must be followed.

2.

Preliminary development plan submission: The applicant shall submit a completed PUD application to the Zoning Administrator, including 12 copies of the preliminary development plan and an application fee as provided for by the Village Subdivision Ordinance. The preliminary development plan must contain all of the following material:

a.

The name and address of all owners of the site proposed for development, as well as the name and address of all professional site planners, architects, engineers, surveyors, or other consultants. The applicant shall promptly inform the secretary of the PZC of any changes that may occur in this information prior to the approval of the final development plan by the Village Board.

b.

A legal description of the site proposed for development.

c.

A general area plan showing the intended use and future street locations for adjacent areas, when the proposed PUD is intended to represent a single phase of a longer-range development.

d.

The location of all property lines, existing streets, easements, utilities, and any other significant physical features.

e.

Date, north arrow, and graphic scale (not less than one inch to 50 feet) of all drawings submitted.

f.

Present and proposed zoning.

g.

An indication of the existing conditions on the tract, including contour lines at intervals of two feet or less; watercourses, floodplain areas, and existing drainage facilities; wooded areas and isolated trees of six inches or more in diameter; existing streets, sidewalks 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.

h.

An indication of the area surrounding the site, showing land use, public facilities, existing zoning, and any notable physical features.

i.

A site plan of the proposed development, indicating the general location of the following:

i.

All buildings, structures, and other improvements;

ii.

Common open space;

iii.

Off-street parking facilities and number of parking spaces to be provided;

iv.

Sidewalks;

v.

Illuminated areas;

vi.

Use of open space being provided;

vii.

Screening or buffering of the development perimeters;

viii.

Identification of public streets;

ix.

All utilities, including storm drainage, sanitary sewer, and water service;

x.

Other documents, explaining other circumstances, as the PZC may require.

j.

Quantitative data indicating the following:

i.

Total number of dwelling units (if applicable);

ii.

Proposed lot coverage of buildings and structures, as a percentage of the total area;

iii.

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

iv.

The floor area of all buildings or structures;

v.

Other calculations, as the PZC may require.

k.

Elevation or perspective drawings of all buildings and improvements. The drawings need not be final architectural or engineering plans, but should be sufficient to show the developer's intent.

l.

A development schedule indicating:

i.

The approximate date when construction of the project will begin;

ii.

The stages in which the project will be built, and the approximate date when construction of each stage will begin;

iii.

The approximate dates when the development of each of the stages will be completed;

iv.

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

m.

If the applicant intends to sell or lease all or a portion of the PUD after the project is approved, a statement shall be presented to the commission to stipulate the conditions of sale and maintenance of such developed properties and to present any covenants, deed restrictions, or other similar agreements between the applicant and future owners.

3.

Preliminary development plan review:

a.

Upon receipt of the PUD application, the required material, and the applicable fees, the chair of the PZC shall schedule, and the PZC shall hold, a public hearing in accordance with the procedures for considering a special use. Within 30 days after completing the public hearing, the PZC shall recommend approval or disapproval, or, at the request of the applicant, continue discussion of the preliminary development plan. The PZC shall consider the proposed PUD in accordance with the definitions and goals of this section and the minimum requirements set forth in this section.

b.

The PZC shall forward the preliminary development application, the preliminary development plan, and its recommendation on the preliminary development application to the Village Board. The recommendation may include revisions of, additions to, or deletions from the application and development plan submitted by the applicant.

c.

It shall be the responsibility of the applicant to submit a reproducible copy of the preliminary development plan as approved by the PZC. This plan shall incorporate all revisions recommended by the PZC, and shall be submitted to them for their final review and approval before being forwarded to the Village Board. In the event that a PUD would require a change of zoning, then an application for such a change may be submitted in conjunction with the PUD application, to be considered simultaneously with the PUD proposal, in accordance with the procedures for amending this Chapter. However, any required change of zoning shall not be granted except in conjunction with approval by the Village Board of the final development plan of the PUD. If no construction has begun or no approved use has been established in the PUD within one year from the date of approval of the change of zoning and of the final development plan by the Village Board, the change of zoning, as well as the approval of the final development plan, will lapse and be void and no longer in effect.

4.

Preliminary development plan approval:

a.

Approval of the preliminary development plan by the Village Board shall constitute approval of the basic provisions and outlines of the plan. Approval shall not be construed as an implied waiver of any regulation or provision of this Chapter or the Village Code; a waiver of any such requirement shall be expressed in written form. Village Board approval shall be valid for six months from the date of passage of the ordinance or resolution detailing the approval. The Village Board may, at its discretion, extend the validity of the preliminary approval for an additional six months.

b.

In approving a preliminary development plan, the Village Board may include revisions of, additions to, or deletions from the application and development plan submitted by the applicant, or from those recommended by the PZC. It shall be the responsibility of the applicant to submit a reproducible copy of the preliminary development plan as approved by the Village Board, with the plan as approved by the Village Board containing a signature block for the signature of the village president should that plan differ in any respect from that recommended by the PZC. A reproducible copy shall be submitted to the village president for his signature.

c.

In case of a written protest against any proposed PUD, signed by the owners of 40 percent of neighboring lots, or lots that are wholly or partially within an area defined by a line extended 250 feet outward in all directions from the perimeter of the PUD, and filed with the Village Clerk prior to the commencement of the Village Board meeting at which a vote on the proposed PUD is taken, the approval shall not be granted except by a favorable vote of two-thirds of the members of the Village Board then holding office and not abstaining from voting on the question. For the purposes of this section, if any lot or property seeking to protest has multiple owners, such lot shall be counted as protected if at least 50 percent of all owners of such lots sign the protest document. The protest document need not be submitted as evidence at the public hearing, but must bear the signatures and common street address of those signing such document, and identify the property that each signatory owns. For the purposes of this section, the perimeter of the subject lot shall be the property line of the lot of land, excluding any land within a dedicated public right-of-way or railroad right-of-way. The owner of property shall be any of the following: the record owner of the fee title, the contract seller, and the contract buyer of such property.

5.

Final development plan submission: While the preliminary approval is still valid, the applicant shall file the final development plan with the Zoning Administrator, including the original and 12 copies of the final development plan, containing all information, plans, and data required in this Article for the entire area of the PUD given preliminary approval. The final PUD plan shall include, but not be limited to, the following:

a.

All material required for the preliminary plan submission;

b.

An accurate legal description and property survey by a registered land surveyor of the entire area included within the PUD;

c.

Designation of the location of all proposed structures, and the internal uses to which each building shall be put, in sufficient detail to determine off-street parking requirements;

d.

Architectural elevations, pavement types, culverts, common open space, recreation facilities, sidewalks, illumination, landscaping, and any other pertinent features of the PUD;

e.

Certificates, seals, and signatures required for the dedication of land, recording the documents, and such other legal documents as may be required;

f.

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 building coverage of the total area, percentage of paved area, and total number of parking spaces provided;

g.

All curb cuts, driving lanes, parking and loading area, public transportation points, street signs, and illuminated facilities for same;

h.

The plan shall include provisions for and indicate all utility services, including water, sanitary sewer, gas, electric, Internet service, and cable TV. Each unit shall be served by separate utility service lines;

i.

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 PZC, as well as plans necessary for approval by the Zoning Administrator such as a lighting plan, exterior building design plan, or landscape plan.

6.

Final development plan review: Upon receipt of the final PUD development plan, the PZC shall review the submitted documents and ascertain whether the final plans substantially conform to the approved preliminary development plan; following this review, the PZC shall forward to the Village Board its recommendation, the final plan, and any necessary supporting information.

7.

Final development approval:

a.

The Village Board shall consider the final development plan and the recommendation of the PZC, and shall vote whether or not to approve the plan. In case of a written protest against the proposed PUD at this stage, the provisions of subsection 4.c. of this section shall apply.

b.

Upon approval by duly enacted ordinance of the final development plan by the Village Board, the Village Clerk, upon direction of the applicant and receipt of the recording fees from the applicant, shall record the final development plan and all dedications, covenants, and any other documents that may be required by the village. The final development plan, as approved by the Village Board, shall be recorded within six months following passage of the ordinance approving the final development plan; if not so recorded, the approval thereof shall be automatically withdrawn.

c.

After the Village Clerk has received official written notice of the recording of the necessary documents, he or she shall notify the Zoning Administrator so that a special use permit may be issued. The Zoning Administrator shall then issue a permit for the PUD according to the approved plan. No construction shall begin upon the project until the provisions of this section are met, along with all other applicable village codes and ordinances.

8.

PUD phases: The final development approval may be granted in phases. Each final development approval of a phase shall be recorded in the same manner as a final development approval of the entire PUD.

9.

Performance schedule: The applicant shall conform to the development schedule as required above. If no construction has begun or no approved use has been established in the PUD within one year of the date of approval of the final development plan by the Village Board, the approval of the final development plan shall lapse and be void and no longer in effect. At its discretion and for good cause, the Village Board may by resolution extend the period for the beginning of construction, the establishment of an approved use, or completion of a phase of development as indicated in the development schedule for one additional year. If a final development plan lapses under the provisions of this section, the Zoning Administrator shall notify the applicants at the address given on the plan submittal.

10.

Abandonment of PUD and lapsing of PUD approval:

a.

Once the final development plan for a PUD is recorded, if the petitioner desires to abandon and vacate the final development plan, the petitioner shall petition the Village Board for the passage of an ordinance vacating such final development plan. In considering such a request, the Village Board may consult the PZC. If such an ordinance is passed, the Village Clerk shall record the ordinance with the County Recorder, with the recording fee to be paid by the petitioner. Unless such an ordinance is approved by the Village Board and duly recorded, no construction shall be undertaken or use established on the property included in the PUD, except in accordance with the approved PUD plan.

b.

If the final approval of a PUD lapses under the provisions of this section, the Village Board shall pass an ordinance declaring such PUD final development plan null and void under the terms of this section, and shall direct the Village Clerk to record an ordinance to this effect.

(Ord. No. 2542, § 1, 9-12-2017)

The PZC's review of the PUD preliminary and final applications and development plans and the commission's recommendations to the Village Board, shall be based on the following general criteria:

1.

The use or uses within the PUD shall be compatible with surrounding land uses.

2.

The intensity of development shall impose no unreasonably adverse effects on surrounding property.

3.

Ingress and egress to the PUD shall be provided in a manner to facilitate access by emergency vehicles and ensure efficient and safe traffic circulation in the vicinity.

4.

Street construction, regardless of ownership, shall be made in conformance with the minimum pavement widths and thickness described in the Village Subdivision Ordinance.

5.

Adequate and safe locations of play areas for children as well as other recreational areas shall be provided in residential PUDs.

6.

Open space at external boundaries of the site shall be adequately landscaped and maintained to avoid erosion.

7.

Buildings shall be oriented to ensure adequate light and air.

8.

The provisions of all other sections of this Chapter shall be met, unless specifically excluded by this section or waived by the Village Board.

9.

All construction shall conform to the requirements of all ordinances of the Village.

(Ord. No. 2542, § 1, 9-12-2017)

1.

All PUDs are subject to the standards contained in Section 46-113. Commercial uses in residential PUDs are also subject to the development standards, parking requirements, and sign regulations of the residential district in which the PUD is located.

2.

Two off-street parking spaces shall be provided for each dwelling unit in the development. Each space must be located within the PUD, and not farther than 300 feet from a ground floor entrance to the dwelling or to the building in which the dwelling unit is located.

3.

Provisions for fire protection and emergency access shall be subject to applicable codes, and shall be reviewed by the fire chief and police chief. The fire chief and police chief shall submit their recommendations to the PZC in writing.

4.

Exterior lighting within the PUD shall be of such quality as to promote safety and convenience, and shall conform to all relevant Village ordinances.

5.

The minimum proportion of the gross site area in open spaces that are required to be commonly owned and maintained in residential PUDs is described in section 46-113. Such common space may be dedicated to the public. At least 10 percent of the minimum required common open space in residential PUDs containing single-family and duplex houses, or 15 percent of residential PUDs including multi-family dwellings, must be devoted to active recreational use. The area of each parcel of open space to be used for active recreation shall not be less than 6,000 square feet, with a minimum dimension of 30 feet.

6.

All PUDs, regardless of the zoning district, shall be provided with adequate public sanitary sewer service prior to occupancy. Refuse removal and recycling service shall be provided to the entire development consistent with Village policy.

7.

Adequate storm drainage shall be provided with the requirements of the Village Subdivision Ordinance.

8.

The electrical distribution system and all telephone service in all PUDs shall be underground.

9.

All other codes, ordinances, and rulings of the Village, unless specifically modified by this section or by the Village Board, must be fully complied with.

(Ord. No. 2542, § 1, 9-12-2017)

1.

Required certificates and bonds. Prior to final approval of the PUD, the applicant must comply with the following:

a.

The applicant shall designate the common open space to be dedicated in accordance with this section. All common open space, upon mutual agreement of the village and the applicant, shall be:

i.

Conveyed to a municipal or public corporation, or conveyed to a not-for-profit corporation or entity established for the purpose of benefiting the owners and residents of the PUD, adjoining property owners, or any one or more of them, by providing perpetual maintenance of all lands in common in the PUD. All lands so conveyed shall be subject to the right of the grantee to enforce maintenance and improvement of the common open space.; or

ii.

Guaranteed by a restrictive covenant describing the open space and its maintenance and improvement, running with the land for the benefit of residents of the PUD or adjoining property owners or both.

b.

The construction and maintenance of all public facilities and improvements that are a part of the PUD shall be guaranteed to the village in cash or corporate surety bonds as approved by the village attorney. The guarantee for construction shall be a sum equal to 120 percent of the estimated cost, as determined by the village engineer. Maintenance shall be guaranteed to the Village and extended for a period of 18 months after final acceptance of facilities by the Village. The maintenance guarantee shall be made in a sum equal to 15 percent of the estimated cost of construction, and shall be made effective immediately upon acceptance of the construction of the public facility improvements. After such 18 months, the deposit shall be refunded if no defects have developed. If any defects have developed, then the balance of the deposit shall be refunded after reimbursement for amounts expended in correcting defective facilities.

c.

The applicant shall submit a certificate from the county clerk stating that no delinquent taxes or unpaid special assessments constituting a lien on the whole or any part of the property of the PUD are unpaid or exist. Such certificate shall be made a part of the PUD documents prior to its submission to the PZC for final recommendation.

d.

Final agreements, provisions, or covenants shall govern the use, maintenance, and continued protection of the PUD.

e.

Public street right-of-way dedications shall be made in conformance with the approved PUD plan. However, the requirement that sidewalks be constructed on both sides of every street may be waived if pedestrian circulation is provided for in a manner acceptable to the PZC and Village Board. Common open space to be dedicated in accordance with this section shall be designated by the applicant with the required documents for such dedication.

2.

Building permits. The Zoning Administrator shall issue a building permit for the buildings in the area approved for the PUD. He or she shall also issue a certificate of occupancy for any completed building or structure located in the area covered by the approved PUD, only if the completed building or structure conforms to the approved final development plan and to all other applicable ordinances and regulations, and provided further that sufficient site development is completed to present no health or safety hazards to the occupants. No certificate of occupancy for a commercial use in a residential PUD shall be issued until at least 25 percent of the total residential floor space is built and certificates of occupancy have been issued for the constructed residential spaces.

3.

Changes in the approved final development plan. No changes may be made in the final development plan during the construction of a PUD, except upon application to the appropriate agency under the procedures provided as follows:

a.

Minor changes in the location, sitting, and height of buildings and structures may be authorized, in writing, by the Zoning Administrator, if required by engineering or other circumstances not foreseen at the time the final plan was approved. No amendment to the approving ordinance shall be needed in such cases. No changes authorized by this subsection may cause any of the following:

i.

A change in the use or character of the development;

ii.

An increase in the overall coverage of structures;

iii.

An increase in the intensity of use;

iv.

An increase in the problem of traffic circulation and public utilities;

v.

A reduction in approved open space;

vi.

A reduction of off-street parking and loading space;

vii.

A reduction in required pavement widths.

b.

All other changes in use; rearrangement of lots, blocks, and building tracts; or any changes in the provision of common open spaces and changes other than listed in subsections 3.a.i—vii of this section, must be made by duly enacted ordinance by the Village Board, after a report from the Zoning Administrator. 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 in community policy. Any changes that are approved in the final plan must be recorded as amendments in accordance with the procedure established for the recording of the initial final plan documents.

(Ord. No. 2542, § 1, 9-12-2017)

1.

If the ownership of any parcel of land included within a PUD application changes after the application has been submitted, but prior to approval of the preliminary plan of the PUD by the Village Board, the new owner of the property shall be regarded as excluded from the application unless the new owner affirmatively joins in the application for the PUD.

2.

If the ownership of any parcel of land included within a PUD application changes after approval of the preliminary plan, but prior to the approval of the final development plan by the Village Board, then the new owner shall be regarded as subject to and joining in the preliminary plan, unless said new owner notifies the secretary of the PZC in writing of his or her desire to be excluded from the preliminary plan.

3.

If any parcel of land included within the PUD has a change of ownership after final approval of the PUD by the Village Board, then the new owner or owners shall take the land subject to all of the conditions and requirements set forth in the final development plan as approved, and the applicable portions of this Chapter.

4.

Nothing in this section shall be construed as exempting any transaction from compliance with all applicable state law and village ordinances.

5.

Violation of the terms and conditions of the special use permit for a PUD shall be deemed a violation of this Chapter. Extension of any time period, or changes in the development schedule or other time sequence that was approved as part of the special use permit, may be approved only by the Village Board. Any such extension or change that is not so authorized shall be deemed a violation of this Chapter, as provided in this subsection.

(Ord. No. 2542, § 1, 9-12-2017)