29.1a A maximum choice in the types of environment available to the public by allowing a development that would not be possible under the strict application of the other sections of this appendix.

29.1b Permanent preservation of common open space and recreation areas and facilities.

29.1c A pattern of development to preserve natural vegetation, topographic, and geologic features.

29.1d A creative approach to the use of land and related physical facilities that results in better development, design and the construction of aesthetic amenities.

29.1e An efficient use of the land resulting in more economic networks of utilities, streets, and other facilities.

29.1f A land use which promotes the public health, safety, comfort, morals, and welfare.

29.1g To improve stormwater management practices and reduce flooding, erosion, and sedimentation through the retention of open space, vegetation, and natural drainage patterns.

29.1h To implement adopted land use and community policies.

29.1i To implement provision of the Illinois Quad Cities Greenway Plan.

29.1j To create neighborhoods with direct visual access to open land, with amenities in the form of neighborhood open space, and with a strong neighborhood identity.

29.1k To conserve scenic views and elements of the municipality's rural character.

The PUD district is intended to provide for a development incorporating a single type or a variety of related uses which are planned and developed as a unit but departs from the normal standards and requirements of other sections of this ordinance. The planned unit development may provide amenities not otherwise required by law and may establish facilities and open space greater than the minimums required by law. Such development may consist of conventionally subdivided lots or provide for development by a land use and zoning plan which establishes the location and extent of the features of the planned unit development in keeping with the purpose of the plan. The foregoing purposes and principals shall not be interpreted to permit the reduction of standards set forth in this section.

   (1)   The application for a rezoning to the PUD zoning district shall be accompanied by an application plan meeting the requirements of this chapter and show evidence that the proposed development will conform to the official city plan. The Planning Commission and City Council shall grant or deny said application pursuant to the provisions contained in District Changes and Ordinance Amendments. Approval of the PUD zoning district shall constitute an expression of approval by the City Council of the application plan as a guide to the preparation of the preliminary PUD plan. The applications shall be accompanied by a filing fee in an amount equal to that prescribed by District Changes and Ordinance Amendments.

   (2)   To reduce the number of steps involved in the approval of a planned unit development, a preliminary PUD plan meeting the requirements of this chapter section may be submitted in lieu of an application plan required above.

   (1)   Copies of the preliminary PUD plan and supporting data shall be submitted to the Planning and Redevelopment Administrator for certification as to conformity with these regulations, recommendations, and suggestions regarding the overall design, if any.

   (2)   Copies of the preliminary PUD plan shall be submitted to the Planning Commission who shall hold public hearings on the application for a preliminary PUD plan giving notice of the times and places as required by state law by publishing a notice thereof at least once in a publication having general circulation within the city. Following the public hearings, a recommendation of approval or denial of the preliminary PUD plan shall be made by the Planning Commission to the City Council. If needed, the City Council shall review the preliminary PUD plan and grant or deny any exceptions or variances needed.

   (1)   In what respects the proposed plan is consistent with the stated purpose of the planned unit development requirements.

   (2)   The extent to which the proposed plan meets the requirements and standards of the planned unit development district.

   (3)   The extent to which the proposed plan departs from the zoning and subdivision regulations otherwise applicable to the subject property, including but not limited to the density, dimension, area, bulk and use, and the reasons why such departures are deemed to be in the public interest.

   (4)   The physical design of the proposed plan and the manner in which said design makes adequate provision for public services, provides adequate control over vehicular traffic, provides for and protects designated common open space, and furthers the amenities of light, air, recreation, and visual enjoyment.

   (5)   The relationship and compatibility of the proposed plan to the adjacent properties and neighborhood.

   (6)   The desirability of the proposed plan to physical development, tax base, and economic well-being of the entire community.

   (7)   The conformity with the intent and spirit of the comprehensive plan.

   (8)   Specific points noted on the plan that have impact on its design, function, and visibility in the community.

29.3d Following receipt of the recommendation by the Planning Commission and approval by the Planning Commission, the City Council shall, within sixty (60) days, recommend approval, modification within limits of a minor change, or disapproval of the planned unit development plan.

29.3e All conditions, documents, and plans required by the City Council must be delineated on the plat or agreed to in writing prior to City Council approval.

29.3f The City Council may require such special conditions as they may deem necessary to insure conformance with the intent of all comprehensive plan elements, the stated purpose of the planned development district and established city policies.

29.3g Approval of a preliminary planned unit development plan shall not constitute approval of the final plan. Rather it shall be deemed an expression of approval to the layout submitted on the preliminary plan as a guide to the preparation of the final plan which will be submitted for approval of the city. The final plan shall be approved as the final land use and zoning plan if it conforms substantially with the preliminary land use and zoning plan.

29.3h The final plan may be considered as a preliminary and final plan and may be submitted for preliminary and final approval, if all of the land is to be developed at one time, and if all requirements hereof are met.

29.3i The provisions of District Changes and Ordinance Amendments shall be applicable to the preliminary PUD plan.

29.4a A final planned unit development plan and other supporting data required for approval shall be in accord with the application provisions of this chapter. Final plans must be submitted for approval in accordance with agreed-to scheduling, but not later than five (5) years from the approval of the preliminary plan by the City Council. The City Council may grant an extension in time or the developer may resubmit an application; in the event that same is not done, the City Council shall initiate such zoning changes as it deems necessary to preserve the public interest. If construction falls more than two (2) years behind the schedule filed with the final plan, the plan becomes subject to revocation. The Planning and Redevelopment Administrator shall monitor all pending PUD projects and inform the City Council of those six (6) months or more behind schedule.

29.4b The final plan and supporting data shall be submitted to the City Council for certification that the final plan is in conformity with these regulations and in agreement with the approved preliminary plan.

29.4c After review of the final plan, the Planning Commission shall submit the planned unit development plan to the City Council with a recommendation for approval, disapproval, or approval with minor modifications as reviewed at the public hearing. Any changes or modifications which arise subsequent to the public hearing shall be specifically noted and referred to the City Council who shall determine whether the change constitutes a major or minor change and whether another public hearing is required.

29.4d The City Council shall, within sixty (60) days, approve, disapprove, or extend the time period for another sixty (60) days in acting on the final plan.

29.4e All conditions, documents, and plans required by the council must be delineated on the plan or agreed to in writing prior to council approval.

The construction of any public improvement in the planned unit development shall be initiated only after recording of the final PUD plan has been recorded with the county recorder, and shall be issued in full conformance with this ordinance.

The planned unit development shall be developed according to the approved and recorded final plan, recorded approved plan 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 location of structures in the planned unit development project as set forth therein.

29.6a Major changes: A change in the approved preliminary PUD plan or final PUD plan which alters the concept or intent of the planned unit development including a change in usage, the configuration, increase in floor area or the height of buildings, an increase in intensity, a reduction of proposed open space, a change in road locations or standards, a change in the final governing agreement, provisions or covenants, or other major changes, shall be approved only by submission of a new preliminary PUD plan in accordance with the procedures as previously set forth for the approval of preliminary and final PUD plans. All approved major changes in the final PUD plan shall be recorded with the county recorder as amendments to the final PUD plan.

   (1)   General site information: Data regarding site conditions, and characteristics, available community facilities and utilities, existing covenants and other related information.

   (2)   Sketch plan: A drawing in simple sketch form showing the proposed location and extent of the land uses, streets, sidewalks, lots, and other features.

   (1)   Design plan: A drawing of the planned unit development shall be prepared at a scale of either one-inch equals one hundred (100) feet or one-inch equals fifty (50) feet, or such other scale that may be recommended by appropriate city authority. Any change in scale between the preliminary and final plan shall be accompanied by a signed statement from the developer attesting that there have been no modifications. All plans shall show the general location of proposed streets (public and private), sidewalks, all buildings and their use, common open space, recreation facilities, parking areas, service areas, and other facilities to indicate the character of the proposed development. The submission may be composed of one or more sheets and drawings and shall include:

      a.   Boundary lines: Bearing and distances.

      b.   Easements: General location, width, and purpose.

      c.   Public and private streets on and adjacent to the tract: Street names, right-of-way widths, existing or proposed centerline elevations, pavement type, walks, curbs, gutters, culverts, distance to nearest intersection, etc.

      d.   Utilities (public or private) on and adjacent to the tract: Location, size and invert elevations of sanitary, storm and combined sewers; location and size of water mains; location of gas lines, fire hydrants, electric and telephone lines and street lights on the tract. The direction and distance to the nearest usable water mains and sewers anticipated to be utilized by the development and elevations of sewers. Drainage district boundaries and appropriate design criteria necessary for storm drainage plans.

      e.   Existing ground elevations on the tract: For land that slopes less than one-half of one (1/2 of 1) percent, show one-foot contours; show spot elevations at all breaks in grades along all drainage channels or swales and at selected points not more than one hundred (100) feet apart in all directions; for land that slopes more than one-half of one (1/2 of 1) percent show two (2) foot contours.

      f.   Subsurface conditions on the tract, if required by the commission or council: Location and results of tests made to generally ascertain subsurface soil, rock, and ground water conditions; depth to ground water unless test pits are dry at a depth of five (5) feet: The location and results of soil percolation tests if individual sewage disposal systems are proposed.

      g.   Other conditions are on the tract: Watercourses, flood plains, marshes, rock outcrop, wooded areas, isolated preservable trees one foot or more in diameter, houses, barns, accessory buildings and other significant features.

      h.   Other conditions on adjacent land: Approximate direction and gradient of ground slopes, including any embankments or retaining walls; character and general location of buildings, including a notation on the front setback, railroads, power lines, towers, and other nearby nonresidential land uses or adverse influences; owners of adjacent unplanted land; for adjacent platted land refer to subdivision plan by name and show approximate percent built up; typical lot size and dwelling type.

      i.   Zoning on and adjacent to the tract.

      j.   Proposed public improvements: Highways or other major improvements planned by public authorities for future construction on or near the tract.

      k.   Open space: All parcels of land intended to be dedicated for public use of all property owners with the purpose indicated.

      l.   General location, purpose, and height, in feet or stories of each building other than single-unit residences on individually platted lots.

      m.   Map data: Name of development, north point and scale, date of preparation, acreage of site and name and address of developer, designer, and engineer.

      n.   Miscellaneous: Such additional information as may be required by the appropriate authority or found in the subdivision control ordinance.

   (2)   Character: Explanation of the character of the planned unit development and the reasons why it has been planned to take advantage of the flexibility of these regulations.

   (3)   Ownership: Statement of present and proposed ownership of all land within the project, including present tract designation according to official records in offices of the county recorder.

   (4)   Schedule: Development schedule indicating:

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

      b.   Completion date or dates of new construction for above and below ground facilities, utilities, and buffer planting.

      c.   If different land use types are to be included within the planned unit development, the schedule must normally include the mix of uses to be built in each stage.

   (5)   Covenants: 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.

   (6)   Density: Provide information on the density of residential uses and the number of dwelling units by type.

   (7)   Use: Provide a list of uses planned for the ancillary and nonresidential uses.

   (8)   Service facilities: Provide information on all service facilities and off-street parking facilities.

   (9)   Architectural plans: Preliminary architectural plans for all primary buildings shall be submitted in sufficient detail to permit an understanding of the style of the development, the design of the building and the number, size, and type of dwelling units.

   (10)   Facilities plans (public and/or private). Preliminary plans for:

      a.   Roads and sidewalks, including classification, width of right-of-way, width of pavement, typical construction details, and plan and profile drawings.

      b.   Sanitary sewers.

      c.   Storm drainage and erosion.

      d.   Water supply system, if required by the appropriate authority.

      e.   Lighting program, if required by the appropriate authority.

      f.   Grading.

   (1)   Final detailed plan: A final land use and zoning plan shall be prepared. The purpose of the land use and zoning plan is to designate 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 land use and zoning plan shall include, but not be limited to:

      a.   An accurate legal metes and bounds description of the entire area under immediate development within the planned development.

      b.   A subdivision plan of all subdivided lands in the same form and meeting all the requirements of a normal subdivision final plan.

      c.   An accurate legal metes and bounds description of each separate unsubdivided use area, including common open space.

      d.   Designation of the exact location of all buildings to be constructed in unsubdivided areas.

      e.   Tabulations on separate subdivided use area, including land area, number of buildings, number of dwelling units, and dwelling units per acre.

      f.   Architectural plans unless waived by the appropriate authority during the preliminary stage.

   (2)   Common open space documents: All common open space shall be either conveyed to a municipal or public corporation, conveyed to nonprofit corporation or entity established for the purpose of benefiting the owners and residents of the planned unit development or retained by the developer with legally binding guarantees, in a form approved by the city attorney, that the common open space will be permanently preserved and maintained as open area. All land conveyed to a nonprofit corporation or like entity shall be subject to the right of said corporation to impose a legally enforceable lien for maintenance and improvement of the common open space.

   (3)   Engineering data: All public utilities or improvements required by the City in the development of a planned unit development shall be constructed only after the approval of the final plan. Supporting data to be submitted with the final plans shall include final engineering drawings (construction plans), as required by the appropriate authority.

   (4)   Guarantee deposit: Prior to the acceptance by the appropriate authority of public utilities and improvements, the contractor(s) for the owner of the land shall furnish to the City a good and sufficient bond with surety to secure to the City the actual construction and installation of such public utilities or improvements according to the City specifications within two (2) years from the date of approval by the appropriate authority of the final plan or a petition to the appropriate authority to provide the required public facilities or improvements and to assess the cost thereof against the subdivided property in accordance with the local requirements regarding special assessments; provided, however, that the subdivider or property owners shall be responsible for any differences between the cost of the public utilities or improvements and the amount that can be legally assessed by the City against the subdivided property, and shall furnish the necessary waivers to permit the assessment of the entire costs of the public utilities or improvements. A maintenance bond shall be provided for the repairs necessitated by defects in material or workmanship not to exceed four (4) years from the date of completion as certified by the appropriate authority.

   (5)   Certificates, seals, and signatures required for the dedication of lands and recording document, as set forth in the subdivision regulations.

   (6)   Covenants: Final agreements, provisions, or covenants which will provide for the use, maintenance, and continued protection of the planned unit development, if applicable.

   (1)   Comprehensive plan: A planned unit development must conform with the intent and spirit of the comprehensive plan.

   (2)   Size: The site of the total planned unit development must be under single ownership and/or unified control and be not less than twenty-thousand (20,000) square feet in area.

   (3)   Compatibility: The uses permitted in a planned unit development must be of a type and so located so as to exercise no undue detrimental influence upon surrounding properties.

   (4)   Space: Space between buildings shall be subject to approval during the review process.

   (5)   Open Space Land Use and Design:

      a.   Permitted open space uses: The following uses are permitted in open space land areas:

         1.   Conservation of open land in its natural state (for example, woodland fallow field, or managed meadow).

         2.   Agricultural and horticultural uses, including raising crops or livestock, wholesale nurseries, and associated buildings, including residences that are specifically needed to support an active, viable agricultural or horticultural operation. Specifically excluded are commercial livestock operations involving swine, poultry, and other animals likely to produce highly offensive odors.

         3.   Pastureland for horses used solely for recreational purposes. Equestrian facilities shall be permitted but may not consume more than 65% of the minimum required open space land.

         4.   Silviculture, in keeping with established standards for selective harvesting and sustained-yield forestry.

         5.   Neighborhood open space uses such as village greens, commons, picnic areas community gardens, trails, and similar low-impact passive recreational uses. Motorized off-road vehicles, rifle ranges, and other uses similar in character and potential impact are specifically excluded.

         6.   Active non-commercial recreation areas, such as ball fields, playgrounds, courts and bikeways, provided such areas do not consume more than half of the minimum required open space land or five acres, whichever is less. Ball fields, playgrounds, and courts shall not be located within one hundred (100) feet of abutting properties and shall not be illuminated for activity after dark. Parking facilities for the same shall also be permitted and shall generally be gravel-surfaced, properly drained, provide safe ingress and egress, and contain no more than ten parking spaces.

         7.   Golf courses may comprise up to seventy five percent (75%) of the minimum required open space land, but shall not include commercial driving ranges or miniature golf. Not more than ten percent (10%) of the remaining open space land may be wetland, submerged, or used for stormwater management. Golf course parking areas and any associated structures shall not be included within the minimum open space requirement. Parking and access ways may be paved and lighted. Golf courses included as part of the open space shall be designed to maximize the extent of fairways that front along adjacent public roads. Naturalistic plantings comprised of indigenous species shall be established in the buffer areas between the fairways and the adjacent roadways.

         8.   Stormwater drainage and detention areas designed, landscaped, and available for use as an integral part of the open space.

         9.   Easements for drainage, access, sewer or water lines, bike paths, or other public purposes.

         10.   Underground utility rights-of-way. Utility and street rights-of way may traverse conservation areas. Street rights-of way shall not count toward the minimum required open space land, but underground utility rights-of way shall.

      b.   Open space design standards. The following standards shall be adhered to in the design of the open space and greenway areas:

         1.   Open space shall be laid out in general accordance with the open space and greenway networks.

         2.   Long, narrow strips of open space are discouraged, except where designed to protect linear resources such as streets or trails or to provide connections between larger open space areas.

         3.   Fragmentation of open space into isolated unlinked pieces is discouraged, except to provide neighborhood parks and common areas.

         4.   Dedicated open space land shall generally remain undivided and may be owned and maintained by a homeowners' association, land trust, another conservation organization recognized by the municipality, or by a private individual (typically as part of "non-common" conservation land used for rural resource activities, such as equestrian facilities, tree nurseries, etc.). However, in no case shall less than 25 percent of the property be available for the common use and passive enjoyment of the subdivision residents. These ownership options may be combined so that different parts of the open space land may be owned by different entities.

         5.   The open space shall include land dedicated for public recreational use as outlined in the City subdivision regulations.

         6.   Where the proposed development adjoins public parkland, a natural open space buffer at least fifty (50) feet deep shall be provided within the development along its common boundary with the parkland, within which no new structures shall be constructed, nor shall any clearing of trees or understory growth be permitted (except as may be necessary for street or tail construction). Where this buffer is unwooded, the City may require vegetative screening to be planted, or that it be managed to encourage natural forest succession through "no-mow" policies and the periodic removal of invasive alien plant and tree species.

      c.   Other requirements:

         1.   No portion of any building lot may be used for meeting the minimum open space required. However, active agricultural land with farm buildings, excluding areas used for residences, may be used to meet the minimum required open space land.

         2.   Pedestrian and maintenance access, excluding those lands used for agricultural or horticultural purposes in accordance with the permitted open space uses specified herein, shall be provided to open space land in accordance with the following requirements:

            i.   Each neighborhood shall be provided with one centrally located access point to the open space per twenty five (25) lots, a minimum of thirty (30) feet in width.

            ii.   Access to open space land used for agriculture may be appropriately restricted for public safety and to prevent interference with agricultural operations.

         3.   All open space land areas that are not wooded or farmed shall be landscaped, re-vegetated, or managed to encourage natural succession to meadow or woodland.

   (6)   Yards:

      a.   The required yards along the periphery of the project should be at least equal in width or depth to that of the adjacent zoning district.

      b.   All other yards shall be subject to approval during the review process.

   (7)   Parking requirements: Adequate, adjacent parking shall be provided based on design and use.

   (8)   Traffic: That adequate provision be made to provide ingress and egress so designed as to minimize traffic congestion in the public streets. The appropriate authority or council may require a professional traffic engineer to investigate and submit a traffic study.

   (9)   Low Density Conservation Standard: Open space shall comprise a minimum of fifty percent (50%) of the development site. In no case shall the gross density of the development exceed 1.4 development units per acre. A development unit is defined as the entire impervious developed area of the unit including the building footprint and surfaced parking, driveways, sidewalks, etc. No more than twenty percent (20%) of the minimum open space land may be wetland, submerged or used as a stormwater retention facility. The open space requirement shall include land dedicated for public recreational use in accordance with the subdivision regulations of this City.

   (10)   Medium Density Conservation Standard: Open space shall comprise a minimum of 30 percent of the development site. In no case shall the gross density of the development exceed 2.0 development units per acre. A development unit is defined as the entire impervious developed area of the unit including the building footprint and surfaced parking, driveways, sidewalks, etc. No more than twenty percent (20%) of the minimum open space land may be wetland, submerged or used as a stormwater retention facility. The open space requirement shall include land dedicated for public recreational use in accordance with the subdivision regulations of this City.

   (11)   Other Standards: The planned unit development may depart from strict conformance with the required density, dimension, area, height, bulk, use, and other regulations for the standard zoning districts and other provisions of this ordinance to the extent specified in the preliminary land use and zoning plan and documents authorizing the planned unit development so long as the planned unit development project will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare. All new construction shall conform to City specifications and regulations.

Prior to the granting of any planned unit development, the appropriate authority may stipulate such conditions and restrictions upon the establishment, location, design, layout, height, density, construction, maintenance, aesthetics, operation and other elements of planned unit development as deemed necessary for the protection of the public interest, improvement of the development, protection of the adjacent area and to secure compliance with the standards specified in Section 32.4. In all cases in which planned unit developments are granted, the appropriate authority shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. (Ord. 070-2020, 12-21-2020)