A planned unit development shall be granted as a conditional use. Even though so classified, it is of substantially different nature from other conditional uses. To reflect this difference, additional regulations, standards and criteria are hereby established. The planned unit development shall conform to the intent and character of the zoning district in which it is located. (Ord. 93-695, 6-15-93)

Land can be developed or redeveloped with innovation, creativity and design effort. The end result can be a product which fulfills the objectives of the Comprehensive Plan and planning policies of the Village while departing from the strict application of the use and bulk regulations of this Title and the design standards of the subdivision control regulations 1 . The planned unit development is intended to permit and encourage such flexibility and to accomplish the following purposes:

   A.   To stimulate creative approaches to the residential, commercial and industrial development of land.

   B.   To provide more efficient use of land.

   C.   To preserve natural features and provide open space areas.

   D.   To develop new approaches to the living environment through variety in type, design and layout of residential structures, commercial and industrial buildings, transportation systems, and public facilities. (Ord. 93-695, 6-15-93)

The planned unit development shall be designed in accordance with the following standards and criteria:

   A.   The planned unit development shall be under single ownership and/or unified control at the time of filing an application for approval of the planned unit development.

   B.   All public improvements shall conform to the regulations and design standards of Title 11, Land Subdivisions, of this Village Code, including the posting of required securities, except that the design standards may be modified if the function of the public improvement is not altered.

   C.   The planned unit development shall provide for the dedication of land for park and recreational purposes and land for school sites or a cash contribution in lieu of actual land dedication or a combination of both, all in accordance with this Code.

   D.   In a planned unit development, the provisions of this Code which prohibit the utilization of any parcel of land or lot for the purpose of erecting more than one principal building or structure may be waived by the Village Board.

   E.   All buildings, structures and uses of land within the planned unit development shall conform to the area, lot width, yard, height and bulk regulations of the zoning district in which the planned unit development is located or, for those uses which are not allowed in that zoning district but are allowed as part of the planned unit development, the area, lot width, yard, height and bulk regulations of the zoning district in which they are first permitted. These regulations may be waived or modified by the Village.

   F.   A minimum of twenty five percent (25%) of the land area of the planned unit development devoted to multiple-family residential use shall consist of common open space. No area within thirty feet (30') of any building or structure, except one used for recreational purposes, shall be included in the computation of the common open space requirements. In no event shall the total amount of common open space, including the required park donation, have to exceed forty five percent (45%) of the gross land area of the planned unit development. (Ord. 93-695, 6-15-93)

A planned unit development shall be granted as a conditional use to the zoning district in which it is located. The process for obtaining a planned unit development shall be as follows:

   A.   Pre-Application:

      1.   Prior to the filing of an application for the approval of a planned unit development, the applicant shall meet and consult with the Plan Commission. The applicant shall present a concept of his proposed planned unit development and the Plan Commission shall inform the applicant of all applicable officially adopted policies, standards, regulations and procedures.

      2.   A pre-application conference with the Village staff or a concept review before the Plan Commission or Village Board may be conducted at the discretion of the Zoning Officer or upon the request of the applicant. Recommendations during the pre-application stage are advisory only.

   B.   Preliminary Plat:

      1.   An application for approval of a preliminary plat of planned unit development shall be filed in writing with the Zoning Officer. The Zoning Officer shall forward the application to the Village Clerk for processing and to the Village Board. The Zoning Officer shall transmit the application to the Plan Commission for review and public hearing. The application shall contain such information as may be required. Prior to Plan Commission deliberation, all information and data in accordance with subsection 10-11-5B of this Chapter shall be submitted. The Plan Commission shall hold a public hearing within sixty (60) days after filing of the application.

      2.   Notice of the public hearing shall be published at least once before the public hearing in a newspaper of general circulation in the Village.

      3.   The applicant shall also give written notice to the persons to whom the current real estate tax bills are sent, as shown on the record of the local real estate tax collector, of all lots lying within one hundred fifty feet (150'), exclusive of public right of way, of the property lines of the parcel of land for which the planned unit development is sought. The written notices shall be delivered personally or may be sent by certified or registered mail, properly addressed, with sufficient postage affixed thereon, with return receipt requested. The applicant shall file a sworn affidavit with copies of the notices with the Village Clerk, showing the names and addresses of the persons to whom the written notices have been sent. Said affidavit shall be a presumption of the giving of said notices.

      4.   All published notices shall contain the number assigned to the application, the place, the nature, the purpose and the date and time of such hearing and the common address or location of the property in question, the name and address of the applicant and owner of the property and the office address of the Village Clerk where full information including a legal description may be obtained concerning the application and shall be published or served not more than thirty (30) days nor less than fifteen (15) days in advance of such hearing.

      5.   The public hearing shall be conducted by the Plan Commission, and a record of such proceedings shall be preserved in such manner as the Plan Commission shall, by rule, prescribe from time to time.

      6.   The Plan Commission shall make written findings of fact and shall submit same together with its recommendations to the Village Board within one hundred twenty (120) days of filing of the application.

      7.   After recommendation by the Plan Commission, the Village Board may, by ordinance, grant or grant with modification the proposed planned unit development authorizing the planned unit development as a conditional use. If the Village Board does not approve of a planned unit development after recommendation by the Plan Commission, it may deny the planned unit developer or refer the planned unit development back to the Plan Commission for further consideration.

      8.   Attached to the ordinance as exhibits shall be the preliminary plat of planned unit development and supporting documents as necessary. Approval of a preliminary plat of planned unit development shall not constitute final approval of the final plat of planned unit development, rather it shall be deemed an expression of approval of the layout submitted on the preliminary plat as a guide to the preparation of the final plat of planned unit development.

   C.   Final Plat:

      1.   The planned unit development may be final platted in segments. The final plat or plats of the planned unit development shall conform substantially to the preliminary plat of planned unit development as approved. The preliminary plat of planned unit development shall generally specify uses of land and locations of buildings, whereas the final plat of planned unit development shall designate with particularity the uses of land and the location of buildings.

      2.   An application for approval of a final plat of planned unit development shall be filed in writing with the Zoning Officer. The Zoning Officer shall forward the application to the Village Clerk for processing and to the Village Board. The Zoning Officer shall transmit the application to the Plan Commission for review. The application shall contain such information as may be required. Prior to Plan Commission deliberation, all information and data in accordance with subsection 10-11-5C of this Chapter shall be submitted. The Plan Commission shall commence the review within sixty (60) days after filing of the application.

      3.   The review shall be conducted by the Plan Commission and a record of such proceedings shall be preserved in such manner as the Plan Commission shall, by rule, prescribe from time to time.

      4.   The Plan Commission shall make written findings of fact and shall submit same together with its recommendations to the Village Board within one hundred twenty (120) days of filing of the application.

      5.   After recommendation by the Plan Commission, the Village Board may, by ordinance, grant or grant with modification the proposed planned unit development authorizing the planned unit development as a conditional use. If the Village Board does not approve of a planned unit development after recommendation by the Plan Commission, it may deny the planned unit development or refer the planned unit development back to the Plan Commission for further consideration. Attached as exhibits to the ordinance authorizing the planned unit development as a conditional use shall be the final plat of planned unit development and supporting documents as necessary. (Ord. 93-695, 6-15-93)

For each stage in the planned unit development review process, the following information and data shall be submitted:

   A.   Pre-Application: The following information and data is required:

      1.   Data regarding site conditions, land characteristics, available community facilities and utilities and other related general information about uses of land within one-half (1/2) mile of the subject parcel of land.

      2.   Sketch drawing showing the proposed location of the uses of land, major streets and other features.

      3.   Property survey and legal description of the subject parcel of land.

   B.   Preliminary Plat: The following information and data is required:

      1.   Preliminary Plat: A drawing of the planned unit development, at a scale of one hundred feet to one inch (1" = 100'), composed of one or more sheets showing the following information:

         a.   Title by which the proposed planned unit development is to be referred.

         b.   Legal description of the property and total acreage included.

         c.   Date, scale, north point, and date of preparation.

         d.   Name and address of the owner, applicant, engineer and land surveyor.

         e.   Location of corporate boundary, County and Township lines at or near the planned unit development.

         f.   Location, dimensions and acreage of proposed land uses including single-family residential, multi-family residential, business areas, industrial areas, open spaces and school sites.

         g.   Location and dimensions of proposed streets, alleys, easements and storm water control areas.

         h.   Dimensions of the lots into which the property is proposed to be subdivided.

         i.   Density of the planned unit development for both the entire development and individual land use areas.

         j.   Location map showing the location of the planned unit development within the Village.

         k.   Character of the surrounding area within two hundred feet (200') of the planned unit development including existing land uses, subdivision of lands, location and dimensions of streets, alleys, easements, and storm water control areas, and location of buildings and structures.

         l.   The zoning classification of the subject property and the surrounding area within two hundred feet (200').

         m.   Location and dimensions of existing streets, alleys, easements, storm water control areas, buildings, structures and public utilities within the planned unit development.

         n.   Plan for sidewalks or pedestrian access and circulation.

         o.   General internal uses of each building or structure.

         p.   Ground elevations on the tract showing one foot (1') contours for land that slopes less than one-half of one percent (0.5%); two foot (2') contours for land that slopes more than one-half of one percent (0.5%); spot elevations at all breaks in grades, along all drainage channels or swales, and at selected points not more than one hundred feet (100') apart in all directions (refer to USGS datum in compiling data).

         q.   Flood plain lines as to be delineated by the applicable USGS Flood Quadrangle or other documents adopted by the Village as part of the flood plain regulations.

      2.   Character: An explanation of the character of the planned unit development, the reasons why it needs the flexibility of the planned unit development regulations, how the official plan affects the property and how it accomplishes the purposes of the planned unit development regulations.

      3.   Design Schedule: A listing of the area, lot width, yard, height and bulk requirements applicable to the planned unit development.

      4.   Services Facilities: Information on all service facilities and off-street parking facilities.

      5.   Preliminary Engineering: Engineering in sufficient detail which will convey the general basis of design of the sanitary sewer, water, storm water control, flood control and street facilities.

      6.   Natural Features Study: An analysis of the natural features and drainage patterns of the property.

      7.   Geological and Soil Analysis: An examination of the adequacy of the property for development.

      8.   Impact Studies: Impact studies and geological analysis and other information and data as the Plan Commission may require for the full and complete consideration of the planned unit development.

   C.   Final Plat: The following information and data is required:

      1.   Final Plat: A drawing of the planned unit development, suitable for recording with the County Recorder of Deeds, showing the following information:

         a.   Designation with particularity the uses of the land and the location of buildings and structures.

         b.   Title under which the proposed planned unit development is to be recorded.

         c.   Legal description of the property and total acreage included.

         d.   Data, scale, north point and date of preparation.

         e.   Location, dimensions and acreage of proposed land uses, including single-family residential, multi-family residential, business areas, industrial areas, open spaces and school sites.

         f.   Location and dimensions of proposed streets, alleys, easements and storm water control areas.

         g.   Dimensions of the lots into which the property is proposed to be subdivided.

         h.   Plan for sidewalks or pedestrian access and circulation.

      2.   Population Estimate: A calculation of population equivalents for residential development.

      3.   Design Schedule: A listing of the area, lot width, yard height and bulk requirements applicable to the planned unit development.

      4.   Statement of Intent and Agreement: A document by the applicant setting forth the nature, kind, character and the extent of all the public improvements to be constructed, the specific park and school donation, applicable fees and charges, agreement on cost sharing of public improvement and agreement on any other items.

      5.   Financing Surety: Guarantee of funds in accordance with the provisions of Title 11 of this Code.

      6.   Covenants: Final agreements, provisions or covenants which will govern the use, maintenance and continued protection of the planned unit development.

      7.   Final Engineering: Complete and detailed engineering which shows the design of the sanitary sewer, water, storm water control, flood control and street facilities, including specifications.

      8.   Cost Estimate: Estimates of cost for all public improvements.

      9.   Other information and data as the Plan Commission may require for full and complete consideration of the planned unit development. (Ord. 93-695, 6-15-93)

   A.   A planned unit development shall be constructed in accordance with the approved preliminary or final plat of planned unit development and all supporting data. These plats shall control and limit the use of the parcel of land (including the general internal use of buildings and structures) and the location of buildings and structures in the planned unit development as indicated on the plats.

   B.   Changes to the planned unit development shall be defined as follows:

      1.   Major changes are modifications which alter the concept or intent of the planned unit development, such as changes in density, changes in location and type of uses of land, increases in the height of buildings or structures, reduction in the acreage of open space, modification of more than ten percent (10%) in the number of dwelling units in any designated land use area or alteration in road alignment.

      2.   Minor changes are changes not defined as major changes and which do not alter the concept or intent of the planned unit development.

   C.   A revised preliminary plat of planned unit development and supporting data shall be submitted upon a major change. The procedure for approval shall be in accordance with the provisions of subsection 10-11-4B of this Chapter. If a final plat of planned unit development has also been approved, it shall also be amended at the time of approval of the revised preliminary plat of planned unit development.

   D.   Minor changes shall be approved by the Village Board without the review and recommendation of the Plan Commission. This provision shall not prohibit the Village Board from requesting of the Plan Commission its review and recommendation. (Ord. 93-695, 6-15-93)

The Plan Commission shall not recommend nor the Village Board grant a planned unit development unless it shall make findings based upon the evidence presented to it in each specific case that:

   A.   The design of the planned unit development presents an innovative and creative approach to the development of land and living environments.

   B.   The planned unit development meets the requirements and standards of the planned unit development regulations.

   C.   The physical design of the planned unit development efficiently utilizes the land and adequately provides for transportation and public facilities while preserving the natural features of the site.

   D.   Open space areas and recreational facilities are provided.

   E.   The modifications in design standards from the subdivision control regulations and the waivers in bulk regulations from the zoning regulations fulfill the intent of those regulations.

   F.   The planned unit development is compatible with the adjacent properties and the neighborhood.

   G.   The planned unit development fulfills the objectives of the Comprehensive Plan and planning policies of the Village. (Ord. 93-695, 6-15-93)

   A.   The planned unit development shall be constructed in a timely manner. The planned unit development shall be subject to revocation under the following conditions:

      1.   Final platting does not occur within two (2) years from the date of approval of the preliminary plat of planned unit development.

      2.   Construction does not commence and proceed within two (2) years from the date of approval of the final planned plat of a planned unit development.

   B.   The Village Board may extend those time limits in one year increments.

   C.   The Village Board may initiate or the owner of the parcel of land on which the planned unit development is to be constructed may apply for the revocation of the planned unit development. Said owner shall be notified, in writing, at least thirty (30) days prior to the Village Board consideration of the revocation.

   D.   Upon the revocation of the planned unit development, the parcel of land shall conform to the permitted uses and other regulations of the zoning district of which it is a conditional use unless an amendment or other conditional use is initiated by the Village Board or is applied for by the owner of the parcel of land on which the planned unit development was to be constructed and granted by the Village Board. (Ord. 93-695, 6-15-93)

Filing fees are as provided in Section 10-12-7 of this Title. (Ord. 93-695, 6-15-93)