(a)

The purpose of the planned unit development provisions which follow is to promote efficient land patterns which provide site amenities, secure large parcels of permanent open space, characteristic of village's existing semi-rural environment, and to preserve, to the greatest extent possible, the historic resources and natural landscape features and amenities of a development site and to utilize such features in a harmonious fashion in the development. The planned unit development provisions are intended to encourage and accommodate for more creative and imaginative design for land development than would otherwise be possible under the strict application of the village's conventional zoning ordinance.

(b)

Implementation of this article will result in efficient land patterns and, therefore, more economical land development that:

(1)

Fosters high quality development by allowing flexibility in land use and design standards, thereby encouraging innovative site planning;

(2)

Promotes more efficient land patterns, which not only preserve open space and natural resources, but also provide for more economical networks of utilities, streets, and other facilities;

(3)

Promotes diverse, high quality, residential environments, which include a mixture of dwelling unit types;

(4)

Promotes a land use pattern with a mixture of residential and nonresidential uses that will mutually support each other;

(5)

Provides for the permanent preservation of open space for the continued use and enjoyment of residents of the village;

(6)

Provides usable and suitably located public and private recreational facilities;

(7)

Encourages developers to provide amenities that enhance the quality of life, both within the planned unit development, as well as within the community as a whole;

(8)

Encourages a land use pattern which promotes the public health, safety, comfort, morals, and welfare;

(9)

Allows more than one building per zoning lot, when determined to be of benefit to the residents of a proposed subdivision; and

(10)

Allows the creation of a mixed use residential and commercial planned unit development, pursuant to criteria set forth in this article.

(c)

The provisions of this article apply to planned unit developments.

(Code 2009, § 9-12-1)

(a)

Except as modified by and approved in the ordinance approving a final development plan, a planned development shall be governed by the regulations of the district in which the said planned development is located.

(b)

The ordinance approving the final development plan for the planned development may provide for such exceptions from the district regulations governing use, density, area, bulk, parking and signs, and the subdivision design standards as may be necessary or desirable to achieve the objectives of the proposed planned development, provided such exceptions are consistent with the standards and criteria contained in this article. No modifications of district requirements may be allowed when such proposed modification would result in:

(1)

Inconvenient or unsafe access to the planned development;

(2)

Traffic congestion in the streets which adjoin the planned development;

(3)

An undue or disproportionate burden on public parks, recreational areas, fire and police protection, schools, and other public facilities which serve or are proposed to serve the planned development;

(4)

A development which will be incompatible with the purpose of this chapter and the goals and objectives of the village comprehensive plan;

(5)

Alteration, destruction, or diminution of natural landscape features, such as floodplains, wetlands, fens, woodlands, prairie, rock outcroppings, seeps, springs, or steep slopes; and

(6)

Alteration or destruction of archeological and historic features.

(c)

The planning commission may recommend to the village board and the village board may grant a planned unit development which modifies the applicable district zoning regulations and subdivision regulations upon a written finding by the planning commission that the planned development meets the applicable objectives and standards and criteria contained in this article. Such written finding shall set out the reasons supporting each finding and shall support each of the following standards and the applicable provisions of this article.

(Code 2009, § 9-12-1-1)

No planned development shall be authorized by the village board unless the planning commission shall find evidence establishing that:

(1)

The proposed development will not injure or damage the use, value and enjoyment of surrounding property nor hinder or prevent the development of surrounding property in accordance with the village comprehensive plan.

(2)

The proposed development can be substantially completed within the period of time specified in the schedule of development submitted by the applicant.

(3)

The entire tract or parcel of land to be occupied by the proposed development shall be held in a single ownership, or if there are two or more owners, the application for such proposed development shall be filed jointly by all such owners.

(4)

The development plan shall contain such proposed covenants, easements, and other provisions relating to the bulk and location of buildings, uses and structures and public facilities as are necessary for the welfare of the planned development and are not inconsistent with the best interests of the village. Such covenants, easements and other provisions, when part of the approved final development, may be modified, removed or released only with the consent of the village board after a public hearing before, and recommendation by, the planning commission as provided in this article.

(5)

Sanitary sewers, storm sewers and water supply to service the development are adequate to serve the proposed development and will not reduce existing capacity below that necessary to serve existing developments, or overload local facilities beyond design capacity.

(6)

The location and arrangement of structures, parking areas, walks, lighting and appurtenant facilities is compatible with the surrounding land uses, and any part of a proposed development not used for structures, parking and loading areas, or access ways is landscaped or otherwise improved.

(7)

The project area is adaptable to unified development and shall have within or through the area no physical features that will tend to destroy the neighborhood or community cohesiveness. There is no minimum project area for planned development.

(8)

The uses permitted in the development are necessary or desirable, and the need for such uses is clearly demonstrated by the applicant.

(9)

The dominant land use of the proposed planned development is consistent with the recommendations of the village comprehensive plan for the area containing the project.

(10)

Any modifications of the standards and specifications of this article or other regulations that would otherwise be applicable to the site are warranted by the design of the development plan, and the amenities incorporated in it, and are not inconsistent with the public general welfare.

(11)

All proposed streets and driveways are adequate to serve the residents, occupants, visitors, or other anticipated traffic of the planned development. Entrance points or locations of streets and driveways upon previously existing public roadways shall be subject to the approval of the village and, if applicable, Shabbona Township, the county highway department, and the state department of transportation. If traffic control devices are required to prevent or relieve hazards or congestion on adjacent streets and the proposed control device is not within the normal or scheduled sequence of installations, the village board may require, as a condition of approval of a proposed planned development, such devices to be provided at the developer's cost.

(12)

Off-street parking is conveniently accessible to all dwelling units and other uses in the planned development. Where appropriate, common driveways, parking areas, walks, and steps to parking and service areas are to be screened through ample use of trees, shrubs, hedges, land forms, and walls.

(13)

A pedestrian circulation network is provided.

(14)

The planned development provides for underground installation of all utilities (including electricity and telecommunications) in public ways and private extensions thereof. Provisions shall be made for acceptable design and construction of storm sewer facilities, including grading, gutter, piping, and treatment of turf to handle stormwater, prevent erosion, and the formation of dust. Utilities and maintenance of facilities shall be in accordance with the requirements and regulations of the village as set forth in this chapter.

(15)

The proposed planned development satisfies the applicable objectives as provided in this article.

(16)

Existing ponds, creeks, rivers, lakes, wetlands, or fens on or adjacent to the planned development are enhanced or protected from development.

(17)

The planned development provides for the connection of all local streets, alleys (where applicable), bike paths, and walking trails with existing or planned streets, alleys, bike paths, and walking trails.

(Code 2009, § 9-12-1-2)

(a)

General requirements. All planned developments shall be processed and reviewed in four steps, subject to subsection (f) of this section, leading to approval for recording and construction: preapplication conference, concept development plan, preliminary development plan, and final development plan. Prior to beginning the planned development review process, the applicant is encouraged to obtain from the village a copy of this chapter, building regulations contained in chapters 8 and 9, and application forms. Applications shall be made on forms supplied by the village and shall be made in accordance with the provisions of article II, divisions 1, 2, and 3 of this chapter, except as specifically provided herein to the contrary.

(b)

Preapplication conference. Before submitting an application for planned development, the applicant shall confer with the village administrator to informally discuss the proposed planned development to obtain information and guidance before entering into binding commitments or incurring substantial expense.

(c)

Concept plan.

(1)

Submission; information required. An applicant shall submit a concept plan in accordance with the provisions of this chapter to the village for tentative review and approval prior to incurring the expenses associated with formal site plan submission in order to discover whether the village will accept, or under what circumstances the village will accept, a planned development of the type proposed at the site. The following items shall be required:

a.

Maps which are part of the concept plan may be in general form and shall contain the proposed land uses, the natural features of the site, the character and approximate density of dwellings, and the approximate location of proposed thoroughfares and water, sewage, and drainage systems.

b.

The written statement shall contain a general explanation of the size and character of the planned development, including a statement of the present ownership of all the land within the planned development and expected schedule of construction.

(2)

Planning commission review. The planning commission shall review the concept plan within 60 days after receipt of such plan, and shall prepare a written report containing its recommendations to the village board and the applicant. Approval of the concept plan does not guarantee approval of the preliminary development plan.

(3)

Board of trustees action. The village board shall accept or reject the planning commission recommendation within 30 days following the date of action by the planning commission.

(d)

Preliminary development plan.

(1)

Required information. The preliminary development plan shall contain:

a.

A plot plan for each building site and planned open area, showing the approximate location of all buildings, structures, and improvements and indicating the open space around the buildings and structures.

b.

A preliminary drawing indicating the architectural character of all proposed structures and improvements. The drawings need not be the result of final architectural decisions and need not be in detail.

c.

A development schedule indicating:

1.

The approximate date when construction of the project can be expected to begin;

2.

The stages in which the project will be built and the date when construction of each stage can be expected to begin;

3.

The date when the development of each of the stages will be completed;

4.

The area and locations of planned open space that will be provided at each stage;

5.

Proposed agreements, bylaws, provisions or covenants which govern the use, maintenance, and continued protection of the planned development and any of its planned open space or other facilities;

6.

A list of all departures from the district regulations and the subdivision design standards that will be necessary for the proposed planned development;

7.

A statement by the applicant demonstrating how the planned development conforms with the purpose and the standards and criteria of this article; and

8.

If the planning commission finds that the planned development requires further in depth review, the following information may be required:

(i)

A circulation diagram indicating the proposed movement of vehicles, goods, and pedestrians within the development to and from existing village thoroughfares.

(ii)

A comprehensive drainage plan with analysis of the impact that the development creates on the site and on the surrounding area.

(2)

Planning commission review. The planning commission shall review the preliminary development plan and shall recommend whether it is in substantial compliance with the concept plan and whether it complies with all other standards in this chapter which were not considered when the concept was approved.

(3)

Hearing. Upon completion of the staff review, the planning commission shall, within 90 days of receiving a preliminary development plan, complete in all respects, hold a public hearing after due public notice and recommend to the village board the approval or denial of the proposed planned development. If the recommendation is to disapprove, the report shall set forth the findings of fact related to the specific proposal and shall set forth particularly in what respects the proposal would or would not be in the public interest, including, but not limited to, findings of fact on the following:

a.

In what respects the proposed plan is or is not consistent with the stated purpose of the planned development regulations.

b.

The extent to which the proposed planned development departs from the zoning and subdivision regulations otherwise applicable to the subject property, including, but not limited to, the density, dimension, area, bulk, use and the reasons why such departures are or are not in the public interest.

c.

The extent to which the proposed planned development meets the requirements and standards set forth in this article.

d.

The physical design of the proposed planned development and the manner in which said design does or does not provide for adequate control over vehicular traffic, provide for and protect designated planned open space and schools, and further the amenities of light and air, recreation, and visual enjoyment.

e.

The planned development's conformity with the recommendations of the village comprehensive plan, particularly the community design principles.

(4)

Board of trustees action. Within 90 days of the planning commission recommendation, the village board shall approve with modifications or disapprove the preliminary development plan.

(5)

Limitations on approval. No plats shall be recorded and no building permits issued until a final development plan has been approved by the village board.

(e)

Final development plan.

(1)

Time for filing; required information. Within one year following the approval of the preliminary development plan, the applicant shall file with the village a final development plan for the first phase of development, containing in final form the information required in the preliminary plan. The final development plan shall also include:

a.

A final land use plan, suitable for recording with the county recorder of deeds. The purpose of the final development plan is to designate the land subdivided into lots as well as the division of other lands not so treated into planned open area and building areas, and to designate and limit the specific internal uses of each building or structure, as well as of the land in general.

b.

If subdivided lands are included in the planned development, a subdivision plat of all subdivided lands in the same form and meeting all the requirements of a subdivision plat.

c.

An accurate legal description of each separate unsubdivided use area, including planned open space.

d.

Designation of the location of all buildings to be constructed, and a designation of the uses for which each building is designated.

e.

Final agreements, bylaws, provisions or covenants which govern the use, maintenance, and continued protection of the planned development and any of its planned open space or other facilities conveyed to a homeowners' association or similar organization.

f.

Final development and construction schedule.

g.

Final architectural elevations for all structures and amenities, such as fences and walls, street furniture, and the like.

(2)

Approval procedure. The final development plan shall be approved as follows:

a.

The planning commission shall, within 90 days of receiving a final development plan application, recommend approval if it is in substantial compliance with the preliminary development plan. The planning commission shall certify to the village board that the final development plan is in substantial conformity with the previously filed preliminary development plan and meets all the requirements for a final development plan.

b.

If the planning commission finds that the final development plan does not substantially conform to the preliminary development plan or that it does not meet the requirements for a final development plan, it shall so notify the applicant and the village board in writing within 90 days of receipt of a completed final development plan.

c.

The village board shall approve the final development plan if it is in substantial conformance with the preliminary development plan and meets all the requirements for a final development plan. It shall pass an appropriate ordinance granting the PUD classification.

(f)

Combined preliminary and final development plan. The village may consider a combined application for preliminary and final development plan approval. In such instance, the final development plan shall include all of the information required of a preliminary development plan and a final development plan.

(Code 2009, § 9-12-1-3; Ord. of 9-22-2014)