The purpose of these planned unit development (PUD) regulations is to:

(1)

Encourage flexibility in the development of land and in the design of structures.

(2)

Encourage planned diversification in the location of structures.

(3)

Encourage a creative approach to the use of land that results in better development and design than might otherwise be accomplished under the strict application of this chapter.

(4)

Provide for the efficient use of land to facilitate a more effective arrangement of land uses, buildings, circulation systems and utilities.

(5)

Provide for more usable and suitably located open space and recreation areas than might otherwise be provided under the application of this chapter.

(6)

Encourage the construction of appropriate aesthetic amenities which will enhance the character of the site.

(7)

Guarantee quality construction commensurate with other developments within the community, and compatible with the character of the surrounding area and adjoining properties.

(8)

Provide for the development of unique land areas and sites that would not be possible under the strict application of this chapter.

(9)

Encourage quality construction and design through an efficient application procedure which is sensitive to the need for expeditious development review.

(Ord. No. 08-50, § 2(exh. A(6.1)), 8-12-2008)

A planned unit development may be authorized as a special use in all zoning districts. A planned unit development shall be granted in accordance with the procedures and standards of this section, and the special use provisions of section 82-97, special uses. Unless specifically approved by the ordinance granting or amending the planned unit development as a special use, the requirements of the underlying district shall apply. The ordinance granting or amending the planned unit development as a special use may depart from the normal procedures, standards and other requirements of this chapter.

(Ord. No. 08-50, § 2(exh. A(6.2)), 8-12-2008)

(a)

The site of the planned unit development shall be under common ownership and/or unified control. If there are two or more owners, the application for the planned unit development shall be jointly filed by all such owners.

(b)

There is no minimum size requirement for planned unit developments.

(c)

The ordinance authorizing the special use for a planned unit development may grant exceptions to the regulations contained in this chapter including, but not limited to, use, density, area, bulk, off-street parking and loading, and signs, as may be desirable to achieve the objectives of the proposed planned unit development, provided that such exceptions are fully consistent with and authorized by this section.

(d)

Planned unit developments shall be compatible with the purpose and intent of this chapter and village plans and policies. A planned unit development shall not substantially diminish the market value of surrounding properties, and it shall cause no substantial impairment of the use of those properties.

(e)

Planned unit developments shall not adversely affect the natural environment of the community as a whole. Natural assets and features, such as existing trees and native vegetation, shall be protected and preserved to the greatest extent practical.

(f)

The site shall be accessible to public streets that are adequate to carry the traffic that will be generated by the proposed development. The streets and driveways within the proposed development shall be adequate to serve the uses within the development The applicant shall be responsible for the cost and installation of additional traffic controls and regulating devices that are required.

(g)

All proposed streets, alleys and driveways shall be adequate to serve the residents, occupants, visitors or other anticipated traffic. The planned unit development may be designed to discourage outside through traffic from traversing the development. Access points to public streets, and the location of private streets, alleys and driveways shall be subject to the approval of the village board when granting the special use.

(h)

The pedestrian circulation system and its related walkways shall be located to provide for separation of pedestrian and vehicular movement and for maximum pedestrian safety.

(i)

All planned unit developments shall provide for underground installation of utilities, including electricity, cable and telephone. Provisions shall be made for acceptable design and construction of storm sewer facilities and appropriate storm retention and detention devices. The construction and maintenance of all utilities, roadways, parking facilities and other site improvements shall be in accordance with the requirements of this chapter and other regulations of the village.

(Ord. No. 08-50, § 2(exh. A(6.3)), 8-12-2008)

(a)

The zoning board of appeals/plan commission may recommend and the village board may grant exceptions to the district bulk regulations where a planned unit development is located. The planned unit development is subject to the underlying district regulations unless such exception is granted. Exceptions from district regulations may be granted for planned unit developments with respect to height, density, bulk regulations and setbacks, off-street parking and loading, landscaping and screening and signs, if the village board finds that allowing such exceptions:

(1)

Enhances the overall merit of the planned unit development.

(2)

Promotes the objectives of both the village and the development.

(3)

Enhances the quality of the design of the structures and the site plan.

(4)

Enables the development to offer environmental and pedestrian amenities.

(5)

Will not cause such an adverse impact on neighboring properties so as to outweigh the benefits of the development.

(6)

Is compatible with the land use policies of the village.

(7)

Provides a public benefit to the village, as described in subsection (c) of this section.

(b)

The planned unit development is subject to the underlying district use regulations unless the zoning board of appeals/plan commission recommends and the village board approves uses other than those allowed within the district when it is determined by the village board to be desirable in achieving the objectives of the planned unit development. However, there must be clear evidence that such uses are desirable and appropriate with respect to the purpose of the development, and are not of such a nature, or so located, as to exercise a detrimental influence on the development or the surrounding neighborhood.

(c)

Exceptions to district regulations may be granted where it is determined that such modifications will not negatively affect the value and enjoyment of surrounding property, the provision of municipal services, or the flow of traffic. To be granted such exceptions, the applicant must demonstrate superior design and enhanced amenities. In no case shall an exception to district regulations within a planned unit development be granted unless the applicant demonstrates a substantial benefit to the village. Design characteristics and amenities to be considered in this determination shall include, but are not limited to the following:

(1)

Landscaping, buffering or screening within or around the perimeter of the planned unit development that is in addition to the minimum required by this chapter.

(2)

The provision of underground parking, and additional landscaping and screening of parking lots and structures, in addition to the minimum required by this chapter.

(3)

Reduced use of impervious surface materials, including cluster development and use of semi-pervious materials such as grass-crete.

(4)

Design characteristics including, but not limited to, mixed-use development, circulation systems that utilize alleys or traffic-calming techniques, and a pedestrian-oriented environment.

(5)

Use of sustainable design and green architecture such as: green roofs and other energy efficient design concepts; water conservation; environmental sensitivity; new building technologies; leadership in energy and environmental design (LEED) techniques; and xeriscaping (water conservation landscaping).

(6)

Community amenities including plazas, mails, formal gardens, places to congregate, outdoor seating, public art, and pedestrian and transit facilities.

(7)

Preservation of environmental features.

(8)

Preservation of historic features.

(9)

Open space and recreational amenities that are available to the public such as:

a.

Swimming pools.

b.

Tennis courts.

c.

Recreational open space accessory buildings.

d.

Jogging trails and fitness courses.

e.

Playgrounds.

f.

Natural water features, wetlands and conservation areas.

g.

Detention areas which are accessible to occupants or the public via nature trails, boardwalks and/or perimeter walkways, but only if they are designed as natural water features and are landscaped with native vegetation.

(10)

Additional public infrastructure improvements in addition to the minimum required by the planned unit development, such as new or repaved streets, installation of gutters and sewers, and traffic control devices to improve traffic flow.

(11)

Provision of accessible dwelling units with accessible features beyond what is required by the Americans with Disabilities Act (ADA) or any other applicable codes.

(Ord. No. 08-50, § 2(exh. A(6.4)), 8-12-2008)

In its establishment and authorization as a special use, in addition to the special use standards of section 82-97, special uses, the following procedures, requirements, restrictions and conditions shall be observed. The following procedures shall be observed with respect to all planned unit developments.

(1)

Preapplication consultation (optional). Prior to the filing of an application for a planned unit development, the applicant, at his option, may confer with the village staff regarding the proposed development. At the preapplication meeting, the applicant shall provide information as to the location of the proposed planned unit development, the proposed uses, proposed public and private improvements, a list of any known exceptions to this chapter and other ordinances of the village, and any other information necessary to clearly explain the planned unit development. The purpose of such preapplication presentation and conference is to make advice and assistance available to the applicant before preparation of the preliminary plan, so that the applicant may determine:

a.

Whether the proposed planned unit development appears in general to be in compliance with the provisions of this chapter and other applicable regulations.

b.

Whether any exception is required in connection with the proposed planned unit development.

c.

Whether the proposed planned unit development will be in conformity with the goals and policies of the village for development. The preapplication conference does not require formal application, fee or filing of a planned unit development.

(2)

Preliminary plan. All applications for planned unit developments shall contain a preliminary plan which shall be filed with the zoning administrator, who shall forward a copy of the same to the planning and zoning commission.

a.

Minimum requirements. Every preliminary plan shall contain the following:

1.

A plat of survey of the parcel or parcels of land comprising the zoning lot. The plat shall be drawn to scale showing the actual dimensions of this zoning lot, including all parcels or lots within the zoning lot. The plat shall be drawn in accordance with the recorded plat of such land.

2.

Proof of ownership.

3.

A preliminary site plan drawn to an appropriate scale showing:

(i)

The location, ground area, height, bulk and approximate dimensions of all existing and proposed buildings and structures within the planned unit development.

(ii)

The use or uses to be made of such existing and proposed buildings and structures.

(iii)

The dimensions of all perimeter setbacks and the distance between all buildings and structures.

(iv)

The location and dimensions of all pedestrian walkways, driveways, streets, off-street parking and loading facilities, including the number of parking spaces serving each building or land use type and all parking related screening and landscaping.

(v)

The location, height, design and illumination characteristics of all external lighting fixtures within the development.

(vi)

The location and dimensions of any areas proposed to be conveyed, dedicated or reserved for parks, parkways, playgrounds, places of worship, school sites, public buildings or for any other public or quasi-public use.

4.

Typical building elevations and schematic design presentations indicating the general architectural character of all proposed buildings and structures. The drawings need not be the result of final architectural decisions and need not be in detail.

5.

A traffic circulation plan indicating the proposed movement of vehicles, goods and pedestrians within the planned unit development, and to and from adjacent streets, and the impact of the proposed planned unit development upon existing traffic patterns. Such study shall also include an examination of the adequacy of off-street parking facilities, vehicular circulation patterns and pedestrian access and safety.

6.

A drainage plan indicating the manner in which surface drainage will be controlled and managed, consistent with all village and other governmental jurisdictions, regulations and requirements.

7.

A utilities study prepared by a qualified professional indicating the adequacy of the utility systems serving the proposed planned unit development, including water distribution lines, sanitary sewers and stormwater drainage facilities.

8.

A preliminary landscape plan prepared by a qualified professional indicating the general character of all proposed landscaping, screening and fencing, including all open space areas around buildings and structures. Said landscape plan need not be the result of final architectural decisions and need not be in detail.

9.

A separate schedule setting forth any proposed exceptions to any village regulations. The schedule shall include, but not necessarily be limited to, the regulations governing use, density, area, bulk, off-street parking and loading and signs as they apply to the zoning district or districts within which the planned unit development is to be located. This schedule shall cite, by chapter section number, each and every regulation from which an exception is sought.

b.

Preliminary plan procedure. The procedure for approval of the preliminary plan shall be:

1.

The zoning board of appeals/plan commission shall review the preliminary plan and special use at a public hearing within 30 days of receipt of a complete application. If, in the zoning board of appeals/plan commission's judgment, the application does not contain sufficient information to enable it to properly discharge its responsibilities, the zoning board of appeals/plan commission may request additional information from the applicant. In that event, the 30-day period shall be suspended pending receipt of all requested information. Within 30 days of the close of the public hearing, the zoning board of appeals/plan commission shall either:

(i)

Recommend approval of the preliminary plan and special use and submit its written recommendation to the village board.

(ii)

Advise the applicant in writing of any recommended changes, additions or corrections to the preliminary plan. The applicant may, within 30 days, submit the revised preliminary plan for zoning board of appeals/plan commission consideration at a continuation of, or at a new, public hearing. The applicant may do so without paying an additional filing fee. The zoning board of appeals/plan commission shall then recommend approval or denial of the preliminary plan and special use and submit its written recommendation to the village board.

2.

The zoning board of appeals/plan commission's recommendation to the village board shall set forth in what respects the planned unit development is or is not in the public interest including, but not limited to, findings of fact on the following:

(i)

The site or zoning lot upon which the planned unit development is to be located is adaptable to the proposed development.

(ii)

The planned unit development will not be detrimental to or endanger the public health, safety or general welfare.

(iii)

The proposed planned unit development will not be injurious to the use and enjoyment of other property in the vicinity for the purposes already permitted.

(iv)

The proposed planned unit development will not diminish or impair property values within the neighborhood.

(v)

The proposed planned unit development will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the zoning district.

(vi)

There is provision for adequate utilities, drainage, off-street parking and loading, pedestrian access and all other necessary facilities.

(vii)

There is provision for adequate vehicular ingress and egress designed to minimize traffic congestion upon public streets.

(viii)

The location and arrangement of structures, parking areas, walks, lighting and appurtenant facilities is compatible with the surrounding neighborhood and adjacent land uses.

(ix)

All portions of the proposed planned unit development not used for structures, parking and loading areas, or access ways, suitably landscaped.

3.

The village board, after receipt of the recommendations from the zoning board of appeals/plan commission, shall approve, modify or deny the preliminary plan and special use within 30 days following the receipt of the written recommendations of the zoning board of appeals/plan commission. However, the village board may, by motion, extend the 30-day period.

(i)

If the preliminary plan is denied, the village board shall state in writing the reasons for the denial, and such writing shall be filed with the zoning administrator and a copy shall be sent to the applicant.

(ii)

If the preliminary plan and special use is approved, the applicant shall submit a final plan for the planned unit development.

c.

Limitations on denials. No special use application for a planned unit development, which has been denied by the village board, shall be reconsidered for a period of one year from that date of denial.

(3)

Final plan.

a.

Procedure. Within one year following the approval of the preliminary plan, the applicant shall file with the zoning board of appeals/plan commission a final plan containing, in final form, the information required for the preliminary plan. If the planned unit development is to be developed in phases, the applicant need only file a final plan for the first phase of development, as indicated in the development and construction schedule prescribed below. The final plan for the remaining phases shall be filed in accordance with the development and construction schedule. Every final plan shall contain the following information and documentation:

1.

A final site plan drawn to an appropriate scale on a Mylar or other material suitable for recording with the Cook County Recorder of Deeds. The final site plan shall include the following information:

(i)

Final designation of the location, ground area, height, bulk and exact dimensions of all existing and proposed buildings and structures within the planned unit development.

(ii)

A detailed tabulation of each separate land use area, including land and building areas, and where applicable, residential density.

(iii)

The use or uses to be made of such existing and proposed buildings or structures.

(iv)

The dimensions of all perimeter setbacks and the distances between all buildings and structures.

(v)

The final location and dimensions of all pedestrian walkways, driveways, streets, parking and loading facilities, including the number of parking spaces serving each building or land use type and all parking related screening and landscaping.

(vi)

The exact location and dimensions of any areas to be conveyed, dedicated or reserved for parks, parkways, playgrounds, places of worship, school sites, public buildings, or for any other public or quasi-public use.

2.

An accurate legal description of the entire zoning lot upon which the planned unit development is to be located, and a legal description of each separate subdivided parcel, including any areas to be conveyed, dedicated or reserved for public or quasi-public uses.

3.

All covenants, easements, agreements and other provisions required to govern the use, maintenance and continued protection of the planned unit development, along with an agreement assuring that the applicant, any subsequent owner or, where applicable, a homeowners' association shall be responsible for all street, utility and common open space maintenance within said development and for snow plowing and refuse disposal.

4.

All plats, certificates, seals and signatures required for the dedication or vacation of land and/or the recording of the final site plan.

5.

If subdivision of the development site is included in the planned unit development, a plat of subdivision shall be prepared suitable for recording with the Cook County Recorder of Deeds. Such plat of subdivision shall be prepared in the same form and meet the same specifications required for a normal subdivision as prescribed in the subdivision regulations of this chapter. In like manner, if a vacation or dedication of a public street or alley is included, a plat of vacation or dedication shall be prepared.

6.

A detailed landscape plan based on final architectural decisions indicating the specific location and character of all landscaping, including the size and species of all trees, shrubs, hedges and other ground cover, the location, size and type of all screening and fencing and the location, height, design and illumination characteristics of all external lighting fixtures within the development.

7.

A detailed utilities and drainage plan based on final architectural decisions indicating the size and location of all water distribution lines, sanitary sewers and storm drainage facilities required to serve the planned unit development and the manner in which surface drainage will be controlled and managed consistent with all applicable regulations.

8.

A development and construction schedule indicating the following:

(i)

The date when construction of the planned unit development will begin or, if developed in phases, the date when construction of the initial phase will begin.

(ii)

If the planned unit development is to be developed in phases, a map indicating the phases in which the planned unit development will be built, the dates when the final plan for all but the initial phase will be filed, and the approximate dates when construction of each subsequent phase will begin.

(iii)

The date when construction of the planned unit development will be completed, and the date when a specific use or uses will be established, or if developed in phases, the date when construction of each phase will be completed, and the date when a specific use or uses will be established for each phase.

9.

Typical building elevations and schematic design presentations indicating the architectural character of all proposed buildings and structures based on final architectural decisions and prepared in detail.

10.

Detailed drawings and design presentations of all signs to be erected within the planned unit development in accordance with the applicable regulations contained in this chapter.

b.

Action. The final plan shall be approved as follows:

1.

Conformance with preliminary plan. The zoning board of appeals/plan commission shall review the final plan within 30 days of the receipt of the complete final plan, and shall recommend approval if it is in substantial compliance with the preliminary plan and all village regulations. The zoning board of appeals/plan commission shall certify to the village board that the final plan is in substantial conformance with the previously filed preliminary plan. Within 30 days of receipt of the zoning board of appeals/plan commission's recommendation, the village board shall review the final plan.

2.

Nonconformance with preliminary plan.

(i)

The zoning board of appeals/plan commission shall review the final plan within 30 days from the receipt of the complete final plan. If the final plan is substantially changed from the approved preliminary plan, or is otherwise not in accordance with village regulations, then the zoning board of appeals/plan commission shall recommend to the village board that the final plan be denied. If the final plan is held not to be in conformity with the preliminary plan or other regulations, the zoning board of appeals/plan commission shall inform the applicant with regard to specific areas found not to be in compliance, and the applicant may resubmit the final plan to the zoning board of appeals/plan commission with changes to those areas found not to be in compliance.

(ii)

Within 30 days of receipt of the zoning board of appeals/plan commission's recommendation, the village board shall review the final plan and shall, if the final plan is held not to be in conformity with the preliminary plan or other village regulations, inform the applicant with regard to specific areas found not to be in compliance. The applicant may resubmit the final plan to the village board with changes to those areas found not to be in compliance. The applicant may also resubmit the plan as a preliminary plan in conformance with the procedures for approval of a preliminary plan.

3.

Approval. After the approval of the final plan, the use of the land and the construction, modification or alteration of any buildings or structures within the planned unit development will be governed by the approved final plan rather than by any other provisions of this chapter.

(Ord. No. 08-50, § 2(exh. A(6.5)), 8-12-2008)

No changes may be made in the approved final plan, except upon application to the village, according to the following provisions:

(1)

During construction. During the construction of the planned unit development, the procedure shall be as follows:

a.

Minor changes. Minor changes, as required by engineering or other physical site circumstances not foreseen at that time that the final plan was approved, and verified by the village engineer, may be authorized by the zoning board of appeals/plan commission. Any changes to the final plan must be recorded as amendments to the planned unit development ordinance. If changes are allowed in a final site plan, then a new site plan reflecting such changes must be filed with the village noting the date of the changes.

b.

Major changes. Major changes are those changes that substantially affect the basic design, density or bulk of the development. All changes in land use, building height or density, or in the arrangement of lots, blocks and building tracts changes that substantially affect the basic design, density or bulk of the development shall be considered a major change, and must be approved by the village board.

(2)

After construction. After the completion of construction of the planned unit development, the procedure shall be as follows:

a.

Any minor extension, alteration or modification of existing buildings or structures may be authorized by the zoning board of appeals/plan commission. No such change may increase the cubic area of any single building or structure by more than ten percent.

b.

Any building or structure that is totally or substantially destroyed may be reconstructed only in compliance with the final plan, unless an amendment to the final plan is approved following the procedures for an amendment.

c.

All other changes in the final plan must be made by the village board, under the procedure authorized for an amendment. No changes may be made in the final plan unless they are required for the continued successful functioning of the planned unit development, or unless they are required by changes in conditions that have occurred since the final plan was approved or by changes in the development policy of the village.

(Ord. No. 08-50, § 2(exh. A(6.6)), 8-12-2008)

If construction work on the proposed planned unit development has not begun within 18 months from the date of authorization by the village board, the authorization shall become null and void and all rights shall lapse. However, the applicant can request an extension, upon his written application, filed prior to the termination of the 18 month time limit. The village board may authorize a single extension of not more than 12 months without a public notice.

(Ord. No. 08-50, § 2(exh. A(6.7)), 8-12-2008)

Prior to granting any special uses, the zoning board of appeals/plan commission may recommend, and the village board may stipulate, such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the planned unit development as deemed necessary to guarantee performance of all conditions.

(Ord. No. 08-50, § 2(exh. A(6.8)), 8-12-2008)

Building permits may only be issued if the construction work in question is in conformity with the approved final plan and with all other applicable ordinances and regulations.

(Ord. No. 08-50, § 2(exh. A(6.9)), 8-12-2008)

(a)

The zoning administrator may periodically review all permits issued for the planned unit development in conjunction with the construction that has taken place on the planned unit development site, and compare actual development with the approved development and construction schedule.

(b)

If the zoning administrator shall find that the applicant has failed to meet the approved development and construction schedule, the zoning administrator shall notify the zoning board of appeals/plan commission and village board in writing. Within 30 days of such notice, the village board shall either revoke the special use and the land shall revert to its former classification or, for good cause shown by the applicant, the development and construction schedule may be extended for a reasonable time.

(Ord. No. 08-50, § 2(exh. A(6.10)), 8-12-2008)