(A)   This subchapter establishes provisions for a Planned Unit Development (PUD).

   (B)   The purpose of this subchapter is to achieve the objectives enumerated in § 151.002 (the general intent and purpose of the Code) and the following additional objectives:

      (1)   To provide a regulatory mechanism whereby the village can be assured that upon completion, approved development projects will substantially conform to the plans or models which constituted the basis for the village's issuance of the necessary zoning, subdivision and/or building permit;

      (2)   To permit development of a variety of mixed uses in proximity to each other in a single comprehensively planned project;

      (3)   To preserve the natural topography, scenic features, mature trees, wetlands, riparian corridors and historic structures existing on sites proposed for development;

      (4)   To encourage innovative site layouts and coordinated architectural treatment;

      (5)   To ensure the provision of useable common open space in planned developments and to spur installation of amenities therein;

      (6)   To facilitate the installation of standard streets, sewers, utilities and other improvements;

      (7)   To ensure efficient and effective traffic and pedestrian circulation, both within and adjacent to the development site; and

      (8)   To create a safe and desirable living environment for residential areas characterized by a unified building and site development program.

   (A)   Generally.

      (1)   Planned unit developments are of three types in the village: residential, business and industrial.

      (2)   The minimum size for each type of planned unit development is five acres of contiguous land. This requirement may be reduced by the Village Board of Trustees on appeal, when it is found that conformance to the provisions contained elsewhere in this Code relating to lot size, bulk, dwelling type or number of structures or other requirements would result in a gross waste or inefficient use of a substantial portion of land area contained in a particular parcel proposed as the planned unit development or which would result in other consequences deemed incompatible with the purposes of this Code and the Comprehensive Plan. For areas located within the Town Core, as shown on the Comprehensive Plan Amendment of the PGAV Exhibit, the minimum size for a Planned Unit Development shall be one acre without the need for an appeal.

      (3)   Planned residential developments and planned commercial developments may be proposed in combination. Planned commercial developments and planned industrial developments may be proposed in combination. Planned residential developments and planned industrial developments may not be proposed in combination.

   (B)   Planned residential development (PRD). An area of minimum contiguous size, specified by this Code, to be planned, developed, operated and maintained as a unified development and containing one or more residential clusters, and with appropriate public, or quasi-public uses as may be approved by the Village Board of Trustees; provided that, such other uses are primarily for the benefit of the residential development.

   (C)   Planned commercial development (PCD). An area of minimum contiguous size, specified by this Code, to be planned, developed, operated and maintained as a unified development and containing one or more structures to accommodate retail, service, commercial or office uses, or a combination of such uses, and appurtenant common areas and accessory uses incidental to the predominant uses in the development.

   (D)   Planned industrial development (P1D). A planned development consisting primarily of industrial uses, with such other appropriate business, public or quasi-public uses as may be included on approval if the uses are primarily incidental to the industrial development.

(Am. Ord. 2013-12-02A, passed 12-2-2013)

   (A)   Dwelling unit density and area.

      (1)   The number of dwelling units which may be constructed within a Planned Residential Development will be determined by dividing the portion of the project area that is able to be counted toward meeting lot minimum size requirements as defined in § 151.222 by the required lot area per dwelling unit which is required in the zoning district in which the planned development is located. In cases where the land to which the plan pertains is divided into two or more adjoining districts of differing restrictions, the maximum number of dwelling units which may be located on the entire development parcel may not exceed the combination of the aggregate number of dwelling units permitted on each such parcel. In each planned residential development, the minimum lot size for any single-family residential structure located within the development shall be an average of 12,500 square feet with none being smaller than 8,000 square feet. Dwelling requirements, including setbacks, in the planned residential development will comply with the base zoning district requirements applicable to the development.

      (2)   In instances where the proposed PRD is in a multi-family zone, the Village Board may consider a minimum lot size conforming to § 151.185 rather than the minimum lot size of 8,000 square feet listed above. The minimum lot size listed in § 151.185 shall only apply to areas that are zoned multi-family.

   (B)   Ground coverage.

      (1)   The percentage of ground coverage and/or percentage of lot coverage of a planned residential development to be occupied by buildings, lot improvements and structures not included in common open space shall be the same as permitted in the existing zoning district in which the parcel or zoning lot is located.

      (2)   However, in unique situations, the Village Board may consider reducing the side setback requirements if the developer proposes enhancements not specifically required by code.

   (C)   Common open space.

      (1)   Common open space shall be provided in all planned residential developments for the benefit of all residents of the development and shall be of a design approved by the Planning Commission and Village Board. Construction and completion of all common open space and other common use or public facilities included in the plan for the development shall occur at an equivalent or greater rate than the construction of residential structures within the development.

      (2)   The Planning Commission and Village Board shall establish conditions necessary to assure the preservation and maintenance of common open space for their intended purpose as demonstrated in the development plan. The developer shall give legally enforceable assurances satisfactory to the Planning Commission and Village Board, that common open space and/or public facilities shall be properly developed and maintained throughout the life of the planned residential development.

      (3)   The area of any outlot or common open space locations shall not be less than 6,000 square feet in area nor less than 30 feet in its smallest dimension. In addition, common open space shall be contiguous or connected via the pedestrian/bicycle path.

      (4)   Common open spaces should be distributed equitably throughout the development in relation to the dwelling units that such common open space is intended to serve. The common space shall not be isolated in one corner of the development, but shall be highly accessible (physically and/or visually) to the residents of the development

   (D)   Perimeter buffer requirements.

      (1)   Where a PRD development proposes residential development along the perimeter of the site, which is higher in density than that of an adjacent dwelling district, there shall be a minimum 30-foot wide buffer area. The buffer area shall be kept free of buildings or structures and shall be landscaped or protected by natural features so that all higher-density residential buildings are effectively screened from the abutting lower density residential property.

      (2)   Where a PRD development abuts a commercial or industrial use or district, there shall be a minimum 30-foot wide buffer area. This buffer area shall be permanent and landscaped and otherwise provided with screening (i.e., sight proof fencing) so as to effectively screen the commercial or industrial use from the PRD development.

   (E)   Deed covenants.

      (1)   The planned residential development plan shall contain such covenants, easements and other provisions relating to the bulk, location and density, of all structures, including residential structures, non-residential structures, common facilities, public facilities and other structures, within the development as are necessary for the welfare of the planned residential development project and are not inconsistent with the best interest of the village.

      (2)   Such covenants shall include provisions for the creation and maintenance of homeowner or property owner associations to maintain common open space, common facilities and public facilities within the development, and shall be a requirement for such developments. All such deed covenants and similar instruments shall be subject to approval by the Planning Commission and the Village Board. All developments shall provide for such means, through home owner or property owner associations or the equivalent, to provide for the maintenance of all common open spaces, common facilities and public facilities within the development.

   (F)   Landscaping and utility lines.

      (1)   All required open space, parking lot islands and all land area not otherwise developed shall be appropriately landscaped in a manner, with village approval, that enhances the appearance of the planned residential development project (see also landscaping requirements elsewhere in this Code.)

      (2)   All utility lines shall be installed beneath the surface of the ground and a planned layout and specifications to accomplish these requirements shall be submitted to the village staff as an integral part of the planned residential development plan. All planned residential developments shall be provided with public water and public sanitary sewer systems.

   (G)   Parking.

      (1)   Sufficient parking shall be provided on the same site as the use which it is intended to serve.

      (2)   The parking must be in an amount comparable to the requirements for the zoning district in which the parcel is located.

      (3)   Additional parking may be required where it is deemed necessary for proper development of the planned residential development, or provision of space to add future parking may be required as part of the development.

   (H)   Natural features. Provision is to be made in each plan to accommodate, preserve and assure the maintenance of unique natural and human-made amenities such as streams, stream banks, flood plains, wooded areas, riparian corridors, rough terrain, historic sites and similar areas consistent with the development of the planned residential development. (See Conservation Overlay in Comprehensive Plan for further information.)

   (A)   Generally. A planned commercial development is intended to be utilized for development involving retail, shopping centers, medical centers, recreational areas, commercial office complexes with mixed uses and similar types of generally larger scale compatible use developments. The intent of a planned commercial development is to allow mixed uses in a compatible format.

   (B)   Requirements and standards for planned commercial development.

      (1)   Natural features. Provision is to be made in each plan to accommodate and assure the maintenance of unique natural and man-made amenities such as streams, stream banks, flood plains, wooded areas, rough terrain, historic sites, riparian corridor and similar areas consistent with the development of the Planned Commercial Development.

      (2)   Unified control. The developed land is or will be under continuing unified control during and after construction, subject to the provisions of this Code.

      (3)   Common open space.

         (a)   Common open space shall be provided in all planned commercial developments for the benefit of all employees or visitors of the development and the community at large. Common open space shall be a design approved by the Planning Commission and Village Board. Construction and completion of all common open space and other common use or public facilities included in the plan for the development shall occur at an equivalent or greater rate than the construction of structures within the development.

         (b)   The Planning Commission and Village Board shall establish conditions necessary to assure the preservation of common open space for their intended purpose as demonstrated in the development plan. The developer shall provide legally enforceable assurances satisfactory to the Planning Commission and the Village Board, that common open space or common use or public facilities shall be properly maintained throughout the life of the planned commercial development.

         (c)   The area of any outlot or common open space locations shall not be less than 6,000 square feet in area nor less than 30 feet in its smallest dimension. In addition, common open space shall be contiguous or connected via the pedestrian/bicycle path.

         (d)   Common open spaces should be distributed equitably throughout the development in relation to the buildings that the common open space is intended to serve. The common space shall not be isolated in one corner of the development, but shall be highly accessible (physically and/or visually) to the employees or visitors and the community at large.

         (e)   Common open space shall comprise at least 15% of the gross area.

      (4)   Maximum gross floor area. For business and commercial uses within the planned commercial development, the total gross floor area of all buildings and open storage or retail sales areas should generally not exceed 40% of the project net area for commercial uses subject to the following.

         (a)   Exceptions to the maximum gross floor area may be permitted by the Village Board for commercial uses; provided that, the exceptions are clearly set forth in the approved development plan and adequate off-street parking and other facilities are provided. Building coverage, parking structures, parking lots and parking spaces added together shall not, however, exceed 70% of the project area.

         (b)   The Village Board may consider an increase in the maximum site coverage from 70% to 80%. In order to qualify for this bonus the development plan must demonstrate compliance with four or more of the following criteria:

            1.   Incorporate storm drainage retention facilities as a site amenity;

            2.   Install storm drainage detention facilities underground;

            3.   Increasing parking lot landscaping by 50% more than otherwise required;

            4.   Submitting for approval developments on tracts that are more than five acres in size;

            5.   Modifying any adjacent "rural" road section to an "urban" road section with storm sewers;

            6.   Construction of separate-grade pedestrian and bicycle paths;

            7.   Providing storm water management features that exceed those required by the code by at least 25%;

            8.   Demonstration of a development using innovative architectural, site planning and land use design and of the quality as to set an excellent example for subsequent development or redevelopment projects; and

            9.   Any other performance criteria that further the goals, objectives and policies of the Comprehensive Plan and that, in the opinion of the Planning Commission and Village Board warrant the approval of development bonuses.

         (c)   In cluster developments, shopping centers or business parks, there shall be no gross floor area or building coverage restrictions on individual building lots; provided that, there are provisions for the planned development project to meet all of the other criteria listed herein.

      (5)   Building types permitted. In the Planned Commercial Development only the type of building, structures or uses permitted by the base district regulations applicable to the development shall be permitted. Determination of compliance with this requirement shall be included within the review of the development plan by the Planning Commission.

      (6)   Setbacks and open spaces. Building setbacks and distances between buildings shall be dimensioned on the required plans for the development and shall be established as part of the plan approval for individual building lots within the planned commercial development project. Building setbacks from the planned development boundary shall conform to the perimeter setback requirements set forth below, unless otherwise established as part of plan approval.

      (7)   Perimeter setbacks.

         (a)   At locations where the planned commercial development adjoins or abuts a residential lot, use or zoning district, there shall be a minimum 50-foot buffer area between nonresidential and residential use. This buffer to be landscaped as described elsewhere within the Code and be sufficient to screen excessive sounds and view from the development into the adjoining or nearby residential areas.

         (b)   In addition to the buffer requirements, any structure exceeding 30 feet in height within the development which adjoins property in a residential zoning usage shall be setback an additional one foot for every two feet in height above 30 feet.

         (c)   Greater setbacks may be required by the Planning Commission to ensure compatibility with adjoining developments or uses.

      (8)   Off-street parking and loading.

         (a)   Off-street parking and loading shall be provided as otherwise required by the provisions of this Code for the uses proposed within the planned commercial development project. Off-street parking designed to accommodate the entire development may be established on a single parcel of land owned in common in which the parking areas, drives and landscaping are maintained by the owners, tenants or occupants of the planned development project for common usage. In such circumstances, means shall be provided for the care and maintenance for such off-street parking for the duration of the development.

         (b)   Where the Planned Commercial Development includes two or more uses, the Planning Commission may approve a reduction of not more than 30% in the otherwise required off-street parking for developments which exceed 500,000 square feet of gross floor area under a single ownership or management control. If it is demonstrated that the combined uses and customary operation of the uses in the development will not require the higher level of parking which would otherwise be required.

      (9)   Accessory structures or minor additions.

         (a)   Accessory uses and structures shall meet the requirements of the base zoning district regulations in which the development is located and such uses shall be included in the development plan.

         (b)   Accessory structures and minor additions may be added; provided that, detailed plans are in substantial conformance with the plan as approved by the Village Board.

      (10)   Lighting. All lighting facilities shall be arranged and designed in a manner which will minimize direct glare or hazardous interference of any kind and will protect neighboring properties from excessive glare or the spillage of lighting. (See also lighting requirements elsewhere in this Code.) For the preliminary submittal, a light intensity survey is not required. Applicant is advised that improvement plans shall meet the code requirements.

      (11)   Landscaping and utility lines.

         (a)   All required open space, parking lot islands, and all land area not otherwise developed shall be landscaped in a manner which enhances the appearance of the planned commercial development project. All utility lines shall be installed beneath the surface of the ground and a plan layout and specifications to accomplish these requirements shall be submitted to the village staff as an integral part of the planned commercial development. All planned commercial development shall be provided with public water and sewer systems. (See also landscape requirements elsewhere in this Code.)

         (b)   For the preliminary submittal only, a general landscape plan is required. Applicant is advised that improvement plans shall meet the code requirements.

   (A)   Planned industrial developments are intended to permit industrial activities found in the industrial zoning district regulations within a planned unit development. The planned industrial development is intended to provide for mixed use of industrial development.

   (B)   Permitted uses within a planned industrial development shall include all of those allowed by the industrial zoning district in which the development is located, subject to the restrictions applicable to such uses within that zoning district, and include:

      (1)   Industrial parks;

      (2)   Landscaped areas, parks and open space areas which are integrated into the Planned Industrial Development;

      (3)   The following commercial uses are permitted in the planned industrial development when approved by the Planning Commission as part of the approval process for the development. Retail, service, office and recreational uses which are compatible with the industrial uses occurring in the planned industrial development and which are primarily designed to accommodate the needs of the planned industrial development; and

      (4)   Planned industrial developments shall follow § 151.453.

   (A)   To the extent that the planned unit development entails a subdivision of real estate the procedures for subdivision approval shall be coordinated with the procedures for consideration of the planned development by the Planning Commission and Village Board.

   (B)   Where practicable, submittal, public hearings and meeting for consideration of the Planned Development shall operate in conjunction with the other procedures of this Code.

      (1)   Pre-application conference.

         (a)   Prior to submitting an application for a planned development, an applicant shall confer with the village staff to obtain information and guidance before entering into the development or incurring substantial expense in the preparation of plans, surveys and other data expense in the preparation of plans, surveys and other data required for the planned development. Applicants are encouraged to submit a sketch plan.

         (b)   No planned development shall be allowed that would result in:

            1.   Inadequate or unsafe access to the development;

            2.   Peak-hour traffic volumes exceeding the capacity of the adjoining or nearby street. Capacity shall be based on a street providing a "level of service of "D" or better as defined in the latest publication of Transportation and Traffic Engineer's Handbook, Institute of Transportation Engineers;

            3.   An undue burden on public parks, recreation areas, fire and police protection and any other public facilities which serve or are proposed to serve the planned development; and

            4.   Other detrimental impacts on the surrounding area including, but not limited to, visual and noise pollution.

      (2)   Application.

         (a)   An application (see § 151.340) shall be submitted for filing for a planned development to the village staff, and it will be forwarded to the Planning Commission for consideration as herein provided. The application shall be accompanied by a non-refundable fee. (See Chapter 34.)

         (b)   The application shall include, at a minimum, the following information:

            1.   A legal description of the property proposed for the development;

            2.   A preliminary development plan prepared at a scale of not more than 100 feet to one inch depicting the following:

               a.   The gross land area and project net area of the planned development, the present zoning classification of the area and the zoning classification of the properties surrounding the development;

               b.   All existing structures and land uses currently on the property proposed for the development and the location of any uses and structures on properties which adjoin the proposed development;

               c.   The location and use or uses proposed for each existing or proposed structure within the planned development, the number of stories, building or structure height, gross floor area, building coverage and approximate location of entrances and exits;

               d.   Existing and proposed contours at intervals of two feet. Locations, elevations and direction of flow of major water courses, natural drainageways, riparian corridors, areas subject to flooding in the 100-year storm event and ponding areas shall be delineated;

               e.   All existing and proposed curb cuts, driving lanes, parking areas, loading areas, storage areas and trash storage areas. The village will require design access locations that allow for shared access by adjacent property owners;

               f.   All pedestrian walks and open areas for use by the occupants or persons using or present in the proposed development, as well as the general public;

               g.   Types of surfacing proposed for all walks, bikeways, driveways and other accessways. The Village Board will require connectivity to adjoining properties and existing or proposed walks, bikeways and trails. The Village Board will require development accommodation for pedestrian and bike users;

               h.   A preliminary landscape, screening and buffering plan for the project including the approximate height, type and location of all buffers, fences, landscaping and walls, and the methods by which the landscaping, fences and walls will be preserved and maintained throughout the life of the development;

               i.   A concept plan showing all existing or proposed facilities and features such as hydrants, utility structures, wells, sewage disposal facilities, outside lighting, recreation facilities, together with information regarding the maintenance and preservation of the facilities;

               j.   Preliminary plans for control and disposal of natural and storm water drainage;

               k.   Preliminary plan for the adequate control of erosion and sedimentation, including that expected to occur during all phases of clearing, grading and construction;

               l.   Typical plans and elevations for each type of structure to be located within the development to indicate architectural type, style and materials of construction;

               m.   Location of present utility services to the proposed development including electric, water, sanitary sewer and telephone; (All utilities to be underground.)

               n.   For original submittal, two copies (24" by 36" size) of the preliminary development plan will be submitted with the application. After review and modifications to submit two copies (24" by 36" size) plans and ten copies (11" by 17" size) plans;

               o.   A list indicating which code requirements are not being met by the submittal. To include: reference code number and page, code requirements, applicant's request and reason code requirements can not be met; and

               p.   Cover sheet checklist, signed by the applicant that certifies all items listed herein are attached.

            3.   The names and addresses of the applicant, and all persons to whom notices of hearings required by this Code are required to be sent (see below).

      (3)   Review of planned development application and preliminary plan. The application and planned development plan shall be submitted to the village staff for review as to the completeness of the submittal. When it is determined that the application and plan are complete, it will be filed and referred by the village staff to the Planning Commission.

      (4)   Public hearing.

         (a)   The Planning Commission shall only hold a public hearing on the complete application and planned development plan. The hearing may be conducted simultaneously with any other public hearing required for its consideration.

         (b)   Required notices for such hearings may be combined.

         (c)   Upon filing of the complete application and plan by the village staff, the public hearing should be set before the Planning Commission within 60 days of the date of filing. The public hearing may be adjourned from time-to-time and notice given of the time, date and location to which the hearing is adjourned shall be sufficient and no further notice need be given.

      (5)   Notice of public hearing. The village staff shall give notice of the time, date and place of the public hearing as follows.

         (a)   Content. The notice shall contain:

            1.   A brief description of the proposed development plan;

            2.   The particular location of the real estate proposed for the development by street address, or, if no street address is available, by reference to any well-known landmark, highway, road, thoroughfare or intersection;

            3.   A brief summary explaining the purpose and subject matter of the hearing; and

            4.   The following language shall be included in the notice:

      "The Planning Commission may approve the proposed planned development plan and application with or without modifications or conditions or it may disapprove the plan. This could significantly amend, modify, revise or alter the plan as originally filed by the applicant and could significantly change the impact of the proposed planned development on surrounding property owners, including roadways, drainage, sewage systems, traffic patterns and utilities. Should you desire to be heard regarding the proposed plan as filed or as to any amendments, modifications, revisions or alterations of the proposal, you should attend the public hearing."

         (b)   Published notice. The foregoing notice shall be published one time in a newspaper of general circulation within the village at least 15 days, but not more than 30 days, prior to the scheduled public hearing. The applicant shall pay the cost of publishing the notice.

         (c)   Mailed notice. The foregoing notice shall also be sent by United States First Class Mail at least 15 days before the scheduled public hearing to the applicant and to the owners of all property adjacent to the subject property. The applicant shall furnish to the village staff at the time the application is filed a complete list containing the names and last known addresses of the owners of property required to be notified and shall pay the cost of the notice to the adjacent and surrounding property owners. Any error in notification of the adjacent or surrounding property owners due to the inadequacy of the listing shall be the responsibility of the applicant.

         (d)   Posted notice.

            1.   The foregoing notice shall also be posted on the property, by the applicant, where the planned development is to be located at least ten days prior to the public hearing date. It shall be placed where it can be readily seen from the street or highway on which the property fronts as follows.

               a.   The notice must be protected from the wind and weather and be fastened and secured to a board or other support which can in turn be attached to a two inches by four inches or other anchoring device.

               b.   The notice should be placed at least four feet above ground level or above the grade of the street or highway on which the property fronts where it can be readily seen by persons passing the property.

               c.   The notice should be placed at a location which is located within five feet of the right-of-way of the most traveled street or highway on which the property fronts.

            2.   In the event the property does not have frontage on a major road or is so located that it is accessed by a private or non-public roadway, the notice should be posted on the subject property at a location which will provide the greatest available visibility. An affidavit of posting shall be placed on file prior to or on the date of the hearing. The village staff may require additional notices to be posted by the applicant as may be necessary to carry out the intent of this Code to provide public notice of the planned development.

      (6)   Decision by Planning Commission. The Planning Commission shall, within 90 days of the date the complete application is filed and certified as complete by the village staff, at a duly scheduled meeting (which may, but need not, be held in conjunction with the public hearing on the application), either approve (with or without modifications/conditions) or disapprove the application and development plan. The applicant and the Commission may extend this time limit by mutual agreement. The Commission shall state its reasons for its action (including the nature of any conditions/modifications). One copy of the application and plan shall be returned to the village staff and filed, and one copy shall be returned promptly to the applicant by first class mail.

      (8)   Notification. Following the final decision of the Village Board, a letter of notification shall be sent by the village staff to the person whose name is noted on the application and development plan to receive notices, and the letter shall be dated the day it is actually sent.

      (9)   Modification/conditions.

         (a)   The Commission may recommend conditions or modifications on the application or development plan, which may include, but not be limited to, the following:

            1.   Permitted uses, including maximum floor area;

            2.   Performance standards;

            3.   Height performance;

            4.   Minimum yard requirements;

            5.   Off-street parking and loading requirements;

            6.   Minimum requirements for site development plans;

            7.   Time limitations for commencement of construction;

            8.   Connectivity requirements for all modes of transportation; and

            9.   Wetland, drainageway or riparian corridor requirements.

         (b)   The Village Board may approve, deny, table or approve any of the conditions or modifications which are contained in the recommendation of the Planning Commission. The Village Board may also add modifications they feel are in the best interest of the village and/or request additional information the Board feels necessary to make an informed decision.

      (10)   Submittal of master development plan. The master development plan for the planned development shall be submitted to the village staff and subject to review as follows.

         (a)   Not later than six months following the approval of the preliminary development plan and application, together with any re-zoning petition which may be required, the applicant shall file with the village staff an application for approval of a master development plan and the village staff, upon written request from the applicant, may extend for an additional six-month period the time for filing the application for approval of the master development plan.

         (b)   The application for master plan development approval shall be accompanied by ten copies of the master development plan and a non-refundable processing fee. (See Chapter 34.)

         (c)   In the event a master development plan is not submitted within six months following approval of the preliminary plan and if the village staff does not grant a six-month extension for such submittal, the application shall lapse and no further consideration will be given to the application.

      (11)   Contents of master development plan. The master development plan shall assure that each phase of the development plan substantially conforms to the intent, form and content of the approved preliminary development plan and requirements of the portions of the Development Code specifically not modified in the planned unit development approval (special use ordinance.) Each phase of the master plan shall include, but not be limited to, the following:

         (a)   A scaled plan showing all of the features and characteristics set forth in the preliminary plan and to be incorporated in the master development plan;

         (b)   A landscape plan showing the location, type and size at installation of all proposed landscape materials, existing landscaping and trees to be retained on the site, as well as the identification of any existing trees to be removed that are two inches in diameter or greater, all proposed buffering, fencing, walls, berms and any other pertinent architectural elements associated with the landscape plan for the development or any buffering or screening characteristics required;

         (c)   Land use characteristics in table form containing the following information:

            1.   Gross project area in terms of acreage;

            2.   Net project area in terms of acreage;

            3.   Approved density for the project in terms of lot area/square feet of building area;

            4.   Approved usable space for the project in terms of square feet of open space/net project area; and

            5.   Total number of parking spaces and loading spaces (if applicable).

         (d)   Graphic representation of all public easements and legal descriptions thereof, the recipient of the easement, the purpose of the easement, and any conditions relating to the use of the easement or its duration or scope;

         (e)   Legal description of the gross project area;

         (f)   Any other minimum requirements established in this Code; and

         (g)   All requirements of §§ 151.395 through 151.398 and 151.458.

(Am. Ord. 2020-03-02A, passed 3-2-2020)

   (A)   Generally.

      (1)   The "PB" District is intended to provide for maximum commercial site design and utilization in areas favorable for commercial growth. It is the purpose of these regulations to facilitate the establishment of developments and uses in locations appropriate under approved site plans.

      (2)   This allows the village to create a more attractive community, maximize economic value and to reduce capital expenditures for public improvements.

   (B)   Special procedures in "PB" District. A permit for any proposed development in the "PB" District shall not be issued until:

      (1)   The preliminary development plan is approved by the Village Board of Trustees.

      (2)   The application process and requirements shall be the same as those for a PCD except as indicated below.

         (a)   The design and configuration of the PB District must balance the high visibility and accessibility of the area with limited curb cuts to individual businesses.

         (b)   Pedestrian and bike access is required by providing sidewalks and such other or additional access as may be required to implement the Metro East Park and Recreation District Plan and the Land Use and Transportation Plan, as amended from time to time.

         (c)   All developments must provide for internal transportation circulation within the development and between adjacent tracts.

         (d)   The development to upgrade "rural" roadway conditions to "urban" conditions.

         (e)   A high level of building design is required.

   (C) Approval. A site development plan is approved by the Village Board of Trustees. The site development requirements, plan submittals, review and approval process are the same as that for a PCD.

   (D)   Uses and regulations.

      (1)   The permitted uses allowed in the "PB" Planned Business District shall be limited to those listed in § 151.046. Special uses shall be as listed in § 151.047.

      (2)   Specific sign regulations shall be per the sign section elsewhere in this Code and as modified below.

         (a)   The permitted signs in a PB District shall be those shown on Table 1.5A for a B-2 Zone.

         (b)   The maximum sign areas shall be those shown on Table 1.5B for B-2 Zone. However, note "e", where applicable shall apply.

         (c)   The number, dimensions and location of individual signs shall be those shown on Table 1.5C for the B-2 zone. However, note "l" where applicable shall apply.

         (d)   Table 1.5D shall apply.

         (e)   The permitted sign characteristics shall be those shown on Table 1.5E for the I Zone District.

   The following time limitations shall apply to planned developments.

   (A)   Actual construction shall occur within one year following the date of final approval of the development plan and shall be diligently pursued to completion. In any event, where construction has not been commenced within the one-year period, the Board of Trustees may allow a reasonable extension upon written request by the applicant providing reasonable cause for an extension to be granted.

   (B)   In the event construction has not been commenced within the one year following final approval and an extension of time has not been granted by the Village Board, the special use permit shall automatically lapse.

   (A)   Any minor or non-substantive change in the approved plan may be made only after approval of the change by the village staff. Any proposed change shall be clearly portrayed on all copies of the final approved plan and shall be submitted to the village staff for review and determination or, at his or her discretion, shall be referred directly to the Planning Commission for approval or rejection.

   (B)   Any change or addition of land use (other than accessory uses), common open space area and parking facilities shall require approval of the Planning Commission and Village Board.

   (C)   All changes to the plan must be compatible with the original plan for land use, traffic circulation and open space and with the height and area regulations and parking ratios reflected in the plan originally approved by the Village Board. Substantive changes in the development plan shall require consideration in the same manner as the original application.

   (D)   (1)   A planned development may be submitted for approval in phases, however, each phase of the development shall be equal in area to the minimum area requirement for the proposed planned development. The submission of the initial phase shall include a master plan for future phases and the overall development in such detail as the village staff and/or Planning Commission may deem necessary to properly evaluate the proposed planned development on a phased basis, but the master plan will not generally require the detail required for the preliminary development plan application.

      (2)   The application for each phase of the planned development shall comply fully with the requirements of this Code. Approval by the village of an initial phase or a subsequent phase will not constitute approval of the entire planned development where only a master plan for future phases has been presented and each phase will be evaluated separately. After a master plan has been submitted as part of the approval of an initial or subsequent phase, any modification of the master plan may only be made with the approval of the Village Board of Trustees. The master plan shall, minimally, provide the following information:

         (a)   A legal description of the property proposed for master plan approval;

         (b)   A concept development plan prepared at a scale of not more than 200 feet to one inch depicting the following:

            1.   The gross land area and project net area of the planned development, the present zoning classification of the area, and the zoning classification of the properties surrounding the planned development;

            2.   All existing structures and land uses currently on the property proposed for the development and the location of any uses and structures on properties which adjoin the proposed planned development;

            3.   The location and use or uses proposed for each existing or proposed structure within the planned development, the number of stories and gross floor area;

            4.   Existing and proposed contours at intervals of two feet. Locations and direction of flow of major water courses, natural drainageways and ponding areas shall be delineated;

            5.   All existing and proposed curb cuts, driving lanes, parking areas, loading areas and storage areas;

            6.   Common area walks and common open areas for use by residents, tenants and the general public;

            7.   A concept landscape, screening and buffering plan for the Planned Development;

            8.   Concept plans for the control and disposal of natural and storm water drainage, including detention facilities. To include riparian corridors, wetlands and areas subject to flooding in the 100-year storm event;

            9.   Location of present utility services to the proposed planned development, including electric, water, sanitary sewer and telephone;

            10.   Boundary lines of the area of the master plan. Boundary lines of the preliminary development plan for the initial phase shall be shown, along with boundary lines for proposed future phases; and

            11.   Not less than ten copies of the master plan shall be submitted with the application, one of which shall be 11 inches by 17 inches.

   Prior to the acceptance of the improvement plans by the village (including PRDs, PCDs or NDs) the developer shall provide the village staff with a copy of its design engineer's errors and omissions insurance policy declaration page. The errors and omissions policy shall provide minimum insurance limits of $1,000 or the expected cost of the construction project, whichever is greater.

   (A)   No building permits, or permits authorizing the occupancy or use of a building, facility, establishment or structure shall be issued until all required related improvements are constructed in accordance with the provisions of this Code, or the conditions of approval under this Code have been met per §§ 151.410 and 151.411.

   (B)   In the event a planned development is constructed or developed in phases, the requirement for such assurances shall apply to all major improvements necessary to the proper operation and function of the phase in question, even though the improvements may be located outside the particular area of the development where the phase is being developed.

   Any person who files an application for planned development may request withdrawal of the application any time prior to final Village Board action on the application. A request for withdrawal shall be submitted in writing and signed by all persons who signed the original application. A withdrawal effectively made pursuant to these provisions shall constitute an abandonment of the application. Fees are non-refundable.