A.

Because planned developments are of such substantially different character from other special uses, specific and additional standards and exceptions are hereby established to govern review and approval of any application for a planned development in the village.

1.

General purpose: A planned development is a privilege to be earned and not a right to be claimed simply by complying with the standards established in this chapter. The village may require any reasonable conditions or design considerations which will promote a development of benefit to the community. It is not intended that the village automatically grant the maximum use exceptions or density increase in the case of each planned development. The planning and zoning commission shall recommend and village board may grant only such increase or latitude which is consistent with the benefit accruing, in the judgment of the village, to the village as a result of the planned development. As a condition for approval, each planned development must be generally compatible with the character and objectives of the zoning district(s) within which it is otherwise located, shall be at least 50 acres in size, and shall be consistent with the objectives of the village's comprehensive land use plan.

2.

Specific purposes: Specific purposes of the planned development procedures are:

a.

To ensure that Sleepy Hollow Road remain a two-lane "pleasure drive", as required by village ordinance, in order to maintain the community character of the village.

b.

To ensure the preservation of the natural beauty of the village.

c.

To enhance the appearance of neighborhoods by the conservation of streams and points of natural beauty, thereby also preserving natural recreation areas for the residents of the village.

d.

To preserve natural areas and open spaces which give a sense of spaciousness in the village.

e.

To counteract the effects of urban monotony and congestion in the streets in the village.

f.

To encourage cooperative relationships between neighbors and participation by all age groups in the use and care of open space areas in new residential neighborhoods in the village.

g.

To promote appropriate architecture between adjacent dwellings or institutional buildings, and to encourage the placement of structures in proper relationship to the natural characteristics of a site, including cluster development, where appropriate.

h.

To control access points on thoroughfares and to separate pedestrian and automobile traffic in the village.

i.

To abide by the guiding principles and recommendations set forth in the 2004 Green Community Plan addressing environmental challenges in the village.

j.

To evaluate recreational and open space systems and bicycle/pedestrian system connections within any proposed planned development areas surrounding the proposed development to ensure system continuity.

B.

It is the further purpose of this chapter to promote efficient land use patterns, which will preserve trees, wetlands and other natural resources; provide site amenities; and secure large parcels of permanent open space, characteristic of Sleepy Hollow's existing natural environment.

C.

These provisions are intended to encourage and accommodate more creative and imaginative design for land development than would otherwise be possible under the strict application of the provisions of Sleepy Hollow's zoning and subdivision ordinances.

D.

It is intended that implementation of this section will result in efficient land use patterns and, therefore, more economical land development, that will:

1.

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

2.

Promote more efficient land use patterns, which not only preserve open space and natural features, but also provide for more economical networks of utilities, streets and other facilities, using traditional neighborhood development and/or smart growth objectives;

3.

Promote diverse, high quality environments;

4.

Foster the permanent preservation of open space and agricultural lands for the continued use and enjoyment of residents of each new neighborhood and the village;

5.

Promote usable and suitably located public and private recreational facilities;

6.

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

7.

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

8.

Allow more than one building per zoning lot, when determined to be of benefit to residents of a neighborhood.

(Ord. 2005-7, 4-4-2005; Ord. 2018-8, 4-16-2018)

The following definitions shall apply to planned developments:

Cluster subdivision: A single-family residential subdivision, consisting of three or more residential lots, in which the individual lots are clustered, grouped, or arranged so as to achieve a more flexible site design for the purposes of:

A.

Providing more usable open space; and

B.

Protecting sensitive natural areas and features.

Condominium buildings: A property subject to a declaration of condominium ownership pursuant to the Illinois Condominium Property Act, or subject to a declaration establishing a common interest community as defined in section 9-102 of the Illinois Code of Civil Procedure.

Density, gross: The number of dwelling units per gross acres devoted to residential land development, including streets, street rights-of-way and open space as described in section 8-7-7 of this chapter.

Density, net: The number of dwelling units per net acres devoted to residential land development. For the purpose of determining the number of units per acre for net density calculation, lot area shall be included, but not streets, street rights-of-way, or open space as described in section 8-7-7 of this chapter.

Development ordinance: An ordinance adopted by the village board, upon completion of both preliminary and final development plan or subdivision approvals, for the formal approval of a planned development; such ordinance may include graphics and other supporting documentation upon which village board approval is based. The development ordinance shall specify conditions of approval established by the village board, if any.

Dwelling, attached: A one-family dwelling attached to two or more one-family dwellings by common vertical walls.

Dwelling house, zero lot line: A one-family dwelling on an individual lot with open space setbacks on three sides.

Dwelling, multi-family: A dwelling containing more than two living units.

Dwelling, quadraplex: Four attached dwellings in one structure, in which each unit has two open space exposures, and shares one or two walls with an adjoining unit or units.

Dwelling, single-family: A building containing one dwelling unit.

Dwelling, single-family, detached: A dwelling which is designed for, and occupied by not more than one family, and surrounded by open space, or yards, and which is not attached to any other dwelling by any other means.

Dwelling, townhome: A one-family dwelling in a row of at least three such units, in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more common fire resistant walls.

Dwelling, two-family: A structure on a single lot containing two dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell, exterior to both dwelling units. Also known as a duplex.

Green community book: The policy for environmental issues within the village developed for the Village of Sleepy Hollow in 2004, under the title, "Green Communities Plan".

Multi-family development: A residential subdivision where each structure contains two or more dwelling units.

Open space: The area of a proposed development that is not to be improved with any residential, commercial, or retail structure, or is to remain unimproved and/or in a natural state. Open space may include park, greenbelt, and other open space areas; under certain circumstances described in this chapter, open space may also include a portion of wetland, floodplain, and/or detention/retention areas, and/or certain recreational facilities. See section 8-7-7 of this chapter. Sometimes herein referred to as common open space.

Plan: A drawing of a tract of land and supporting documentation that contains information related to a proposed development.

Plan review group: The group designated in subsection 8-7-8.B of this chapter to meet and confer with a petitioner under this chapter during the pre-application review stage of the zoning and site plan approval process.

Planned unit development: A parcel of land under single ownership or unified control for development, under a program for the provision, operation and maintenance of such areas, facilities and improvements that will be for the use and benefit of the residents of the development, and/or the community at large, and for which the specific requirements of the underlying zoning district may be modified when:

A.

The proposed development offers benefits to the neighborhood and/or community beyond those otherwise required under this Code; and/or

B.

The proposed development incorporates substantial amenities not otherwise required under this Code, including but not limited to:

1.

Open space as described in section 8-7-7 of this chapter;

2.

Other specific design, engineering, architectural, site planning or landscape features.

Planning and zoning commission: The Planning and Zoning Commission of the Village of Sleepy Hollow, Illinois.

Unified control: The combination of two or more tracts of land otherwise under separate ownership for purposes of filing a single petition for planned development and wherein each owner has agreed that his or her tract shall be developed as part of a single planned development.

Village board: The Board of Trustees of the Village of Sleepy Hollow, Illinois.

(Ord. 2005-7, 4-4-2005; amd. Ord. 2018-8, 4-16-2018; Ord. 2018-16, 8-6-2018)

A.

Planned developments are of a substantially different character from conventional subdivisions or development on individual zoning lots and, therefore, shall require administrative processing pursuant to the provisions of this chapter.

B.

Because planned developments are complex and of a different character than other special uses, the village has established the following specific procedures and standards and criteria for exceptions from regulations of the underlying zoning district; the standards and criteria for exceptions which follow are intended to guide the recommendations of the planning and zoning commission and the approval of the village board during review of preliminary and final plans for a planned development.

(Ord. 2018-8, 4-16-2018)

A.

Planned developments may include uses and structures not otherwise permitted in the underlying zoning district, provided landscape screening is provided between dissimilar land uses, and the petitioner adequately demonstrates that the planned development accomplishes the standards set forth in this chapter, achieves the planning goals and objectives of the Village of Sleepy Hollow, as defined in the comprehensive land use plan, and is compatible with adjacent land uses.

B.

A planned development is intended to allow a mixture of dwelling unit types, thereby offering a choice in lifestyle to residents of the development, but need not include more than one type of dwelling unit. Nonresidential land uses of a religious, institutional, cultural, or recreational character may be included within a planned development, to the extent that they are integrated with the residential land use.

C.

Where provided, such nonresidential uses in a planned development shall be compatible in appearance and scale with the residential structures.

D.

Residential uses may include any of the following types of structures:

1.

Single-family detached.

2.

Townhome.

3.

Two-family, or duplex.

4.

Quadraplex.

5.

Condominium building.

E.

There may be more than one principal building on a zoning lot. Cluster subdivisions, as defined in this chapter, or zero lot line developments, may be allowed.

(Ord. 2005-7, 4-4-2005)

A.

Planned developments must meet the following objectives:

1.

Maintain controlled access to adjacent arterials.

2.

Aid in sustaining property values in the village.

3.

Develop centers of size and location compatible with the market potential.

4.

Buffer adjacent residential areas with landscape screening.

5.

Foster harmonious architecture between adjacent existing commercial structures, and between homes and commercial structures.

6.

Promote unified signage.

B.

Planned developments will be expected to utilize design guidelines based on smart growth, traditional neighborhood design, and/or conservation design principles, to the extent practicable.

(Ord. 2005-7, 4-4-2005)

A.

General:

1.

Development controls, as set forth in the zoning and subdivision regulations, may restrict imaginative development. Therefore, it is the intent of these provisions to permit review of an integrated site proposal on its own merits, where it affords the village amenities and benefits that enhance the quality of life due to its unified planning and design. In this regard, the bulk and use regulations of any underlying zoning district may be modified for a planned development.

2.

The provisions of this chapter are not intended, and shall not be used, as a means to circumvent the procedures or standards of the zoning and subdivision regulations, and thereby allow a lesser standard of development than is otherwise permitted under the strict interpretation of the zoning and subdivision regulations. Rather, these provisions are intended to take advantage of particular site characteristics, to increase the flexibility and originality of design in large scale projects, to provide more open space and recreational opportunities than would otherwise be required, to promote the protection of high quality natural features, and to establish better transitions between dissimilar land uses.

3.

The unique characteristics of the land to be developed, and the uniqueness of the proposed development plan, shall be considered by the village when determining the degree of flexibility to be afforded from the application of the regulations of the underlying zoning district to the development.

B.

Standards: The following standards shall apply to review and approval of a planned development; provided, however, the planning and zoning commission may recommend, and the village board may approve, such exceptions from these standards as are determined appropriate to achieve one of the objectives of section 8-7-5 of this chapter:

1.

Ownership: The proposed planned development shall be under unified control.

2.

Comprehensive plan: The proposed planned development shall strive to conform to the land uses, intent, and spirit of the comprehensive plan.

3.

Compatibility: Uses proposed for a planned development shall be compatible with surrounding land uses.

4.

Subdivided: Preliminary and final plats of subdivision shall be submitted, drawn in compliance with the requirements set forth in the village's subdivision code, as may be amended from time to time.

5.

Yards: The required yards along the periphery of a planned development shall be at least equal in depth to those of the underlying zoning district, or the adjacent zoning district, whichever is greater. The village may approve greater setbacks from the boundary line of a planned development when determined necessary to protect the privacy of residents in either an existing, or any proposed, subdivision.

6.

Landscaping: At a minimum, the proposed planned development shall conform to the landscaping requirements set forth in section 9-3-8 of this Code, subdivision regulations. The village may approve landscaping features in excess of said standards where determined necessary to achieve the objectives set forth in this section.

7.

Trails: Hiking paths, bike paths and/or horse trails shall be constructed in residential developments, and as connections to natural features, such as the Sleepy Hollow Ravine. In addition, paths shall be provided for convenient access for pedestrians between residential subdivisions.

8.

Public streets:

a.

Except as provided in subsection B.8.b of this section, all streets shall be publicly dedicated, and constructed in accordance with applicable standards contained in the village's subdivision code, as may be amended from time to time.

b.

The Village may approve reduced rights-of-way or pavement width in residential subdivisions, if it is determined appropriate for maintaining the rural character of the area, or for preserving natural features.

c.

In any residential neighborhood, cross connections to adjacent tracts of land, and to existing road stubs, shall be provided.

9.

Vehicular access: Points of vehicular ingress and egress to a planned development site shall be minimized to maintain the safety and operational efficiency of Sleepy Hollow's streets, especially Sleepy Hollow Road. Cross access (road stubs) between the planned development and outside properties shall be provided where feasible.

10.

Size of development: The minimum size for a planned development is 50 acres.

11.

Underground utilities: All utilities (including electric, telephone, gas and cable television) shall be installed underground.

12.

Tree replacement: Where determined appropriate by the village quality tree species greater than six inches in caliper, as measured 12 inches above grade, which are identified to be removed for construction shall be replaced in accordance with a tree replacement plan that is subject to review and approval by the village.

13.

Preliminary approval: Preliminary approval of a planned development by the village board shall be null and void in the event that the petitioner has failed to obtain final planned development approval within 12 months of the date of the preliminary approval.

14.

Completion: The planned development shall be substantially completed within the period of time specified by the petitioner and set forth in the development ordinance prepared for the project, unless an extension is requested by the petitioner and approved by the village board. All planned development phases shall be completed within two years of final planned development approval for that phase, except when the size or complexity dictates a longer period, as may be granted by the village board, upon request by the petitioner.

15.

Compliance with zoning or other codes and ordinances: Where there is a conflict or difference between the provisions of this chapter and those of other chapters of this title, or other codes and ordinances, the provisions of this chapter shall prevail. Except as otherwise set forth herein, all other applicable Village Code provisions shall apply.

16.

Exceptions: The planning and zoning commission may recommend, and the village board may approve, exceptions to the standards and criteria set forth in this chapter when determined necessary to achieve the planning objectives set forth in this chapter.

(Ord. 2005-7, 4-4-2005; Ord. 2018-8, 4-16-2018)

A.

Open space/greenbelt: Open space shall be provided for village residents in the form of parks, greenbelts, and other open space consistent with regulatory and policy directives of Sleepy Hollow and the provisions of this chapter.

1.

Unless otherwise recommended by the planning and zoning commission and approved by the village board, or unless otherwise provided by annexation agreement, not less than 25 percent of the land within a planned development shall be reserved and designated as public parks, greenbelts, and open space areas.

2.

The land described in subsection A.1 of this section shall be dedicated in addition to land or cash otherwise required to be dedicated or paid for park areas pursuant to the village subdivision regulations.

3.

Where any park, greenbelt, or open space area illustrated on the village's comprehensive plan passes through a proposed residential subdivision, the dedication of land determined to be essential to the implementation of such park, greenbelt, or open space area shall be required as part of the development plan.

4.

The village may require that any designated parks, greenbelts, or open space areas, dedicated under a planned development shall be owned and maintained by a homeowners' association, unless and until conveyed to a public authority approved by the village board. Such designated park, greenbelt, or open space area shall be for the benefit and use of all village residents.

5.

All designated park, greenbelt, and open space areas shall be dedicated as open space in perpetuity by appropriate legal documentation.

6.

The cost of improving any such park, greenbelt, or open space areas proposed as part of a planned development, shall be included in the letter of credit or other surety required of the developer for the public or quasi-public improvements as more fully described in the village's subdivision code.

7.

Any such park, greenbelt, or open space area shall be suitably improved for its intended use; provided, natural features contained within any such proposed area deemed, in the sole judgment of the village, to be worthy of preservation, may be left unimproved.

8.

No portion of a planned development designated as park, greenbelt, or open space area shall be conveyed to any public body except as approved by the village board.

9.

For the purpose of this chapter, the following shall be included as park, greenbelt, or open space area:

a.

Park.

b.

Greenbelt.

c.

Jogging trail.

d.

Physical fitness course.

e.

Forest preserve or mature stands of trees.

f.

Nature preserve.

g.

School grounds (open portion).

h.

Passive open space, subject to subsection A.10 of this section.

i.

Stream/wetland buffer areas.

10.

Wetlands, floodplain and retention/detention ponds generally shall not be acceptable as required open space area, since these will be subject to other regulations, either by the village or by other regulatory agencies, such as the U.S. Army Corps of Engineers, Illinois Environmental Protection Agency, or Illinois Department of Natural Resources. However, the village may agree to accept as open space area in the planned development not more than 50 percent of the area of any such feature, provided the planning and zoning commission recommends, and the village board concurs, that such wetlands, floodplain and/or retention/detention ponds can and will be suitably improved with trails or other substantial landscape features in order to meet the intended purposes of this chapter.

11.

Recreational facilities, such as a clubhouse, swimming pool, tennis court, or golf course, whether for the benefit of the general public or for the benefit of the residents of the development only, may also be proposed, but shall not generally be counted toward the minimum 25 percent parks, greenbelts, and open space requirement specified in this section. However, the village may agree to credit toward said minimum requirement not more than 50 percent of the area devoted to such recreational facilities which provide additional green space or other public benefit.

B.

Density transfer: Where such park, greenbelt, or other open space and/or recreational facilities are determined to benefit residents of a planned development, the following shall apply:

1.

The net residential density allowed by the underlying zoning district on land proposed for open space as described in this section may be transferred to the remaining net developable acreage.

2.

The net developable acres shall be calculated by excluding open space as described in this section, and street rights-of-way. For the purpose of this chapter, it has been assumed that 15 percent of the gross acres of a planned development will be utilized for street rights-of-way.

C.

Calculation of density: For purposes of calculating density, and unless otherwise recommended by the planning and zoning commission and approved by the board of trustees, actual lot size shall be as provided in the village's zoning regulations. Provided, in the event that a planned development shall set aside a minimum of 25 percent or more of the total gross acres for open space as described in this section, the village may allow a smaller actual lot size to accommodate the approved density.

1.

For purposes of this section, and unless modified as provided in this chapter:

a.

In an R-1 single-family residential planned development the minimum lot size shall be as specified in section 8-3A-1 of this title.

b.

In an R-2 multi-family residential planned development, the minimum lot size shall be as specified in section 8-3B-1 of this title.

2.

Notwithstanding the above, the planning and zoning commission may recommend, and the village board may require, minimum lot sizes that are larger than the minimum specified in this Code, if, in the sole judgment of the village, deemed necessary or advisable to achieve the objectives of the comprehensive plan or those of this chapter.

D.

Design: Dwellings in all residential planned developments shall be designed to blend with the landscape of which they are a part. Both visual and acoustical privacy for residents shall be provided by means of site and architectural design. The village may require architectural controls to set guidelines and standards for planned developments.

(Ord. 2005-7, 4-4-2005; Ord. 2018-8, 4-16-2018)

A.

Administrative:

1.

Approval granted: A planned development may be granted as a special use in accord with the procedures and standards of this chapter and may depart from the normal procedures, standards and other requirements of the other sections of the zoning regulations.

2.

Application: Application for a planned development shall be made on forms provided by the village clerk, and shall be accompanied by plans, drawings, documents and other information required by this chapter. An application and other required documentation shall be reviewed by the village clerk for compliance with submittal requirements set forth herein for pre-application, preliminary or final development plan review, before being forwarded to the plan review committee, planning and zoning commission or village board, as the case may be.

3.

Development ordinances:

a.

A planned development shall be approved by means of a development ordinance adopted by the village board subsequent to review and approval of preliminary and final development plans as required by this chapter. Said development ordinance may include graphics and other supporting documentation upon which the approval is based. The development ordinance shall specify any conditions of approval established by the village board.

b.

The development ordinance may provide for such exceptions from the regulations of the underlying zoning district governing use, density, area, bulk, and parking, and from the village's subdivision design standards, as are determined by the village to 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 chapter.

B.

Pre-application procedure (mandatory):

1.

Prior to the filing of an application for approval of a planned development, the petitioner shall contact the village clerk to arrange an informal conference (the "pre-application conference") with the plan review group. The plan review group shall consist of the village president, building and zoning trustee, village attorney, village engineer, and the planning and zoning commission, and such other persons as the village president may from time to time designate.

2.

The purpose of the pre-application conference is to informally discuss the extent to which the proposed development is consistent with Sleepy Hollow's planning and zoning objectives, as expressed in the comprehensive land use plan and in this chapter. The informal discussion at the conference shall not be held to constitute any commitment by or be deemed binding on the village, but shall be for the guidance of the petitioner.

3.

Not less than 15 days before the pre-application conference the petitioner shall provide one original and not less than eight printed copies of the following:

a.

A sketch plan describing: 1) the proposed development and surrounding area in sufficient detail to show the relationship of the proposed development to adjoining uses, both existing and proposed; and 2) the following information: proposed land uses and densities; total acreage and percent of the site devoted to each land use (estimated), including open space; and proposed layout of streets and accesses to existing roads.

b.

The prospective applicant should also present and/or be prepared to discuss the following information, as applicable or asked for, at the pre-application conference: proposed school and park sites; location(s) of major stands of trees or other significant natural features; proposed water supply, wastewater conveyance, and stormwater management facilities; any other information reasonably necessary to provide an accurate overview of the proposed development.

4.

Upon receipt of all required materials by the village clerk, the village clerk shall transmit a copy of the materials to the members of the plan review group prior to the pre-application conference.

5.

The plan review group shall evaluate the proposed plan and other documentation and shall advise the petitioner as to the compatibility of the proposed planned development with the comprehensive plan, the zoning ordinance, subdivision ordinance, and the goals and policies for planning of the village. Recommendations relative to a pre-application review are advisory only, and shall not constitute a waiver of any of the requirements contained in applicable codes and ordinances.

6.

The plan review group may, at its discretion, require plans and supporting documentation to be revised before referring the proposed planned development to the planning and zoning commission and the village board; and may require additional meetings between the petitioner and the plan review group to assure that the proposed planned development conforms, to the maximum extent possible, with applicable code provisions, goals, and policies of the village.

7.

No recommendations need be made to the village planning and zoning commission or village board. when determined desirable by the plan review group, the village staff and/or its consultants may prepare a written report, which shall be forwarded to the planning and zoning commission and village board. Such report may:

a.

Evaluate the compatibility of the planned development with Sleepy Hollow's Comprehensive Plan.

b.

Identify and comment on exceptions from applicable codes and ordinances, which have been requested by the petitioner.

c.

Summarize recommendations by the plan review group regarding the proposed planned development.

d.

Summarize the petitioner's proposed schedule for submitting preliminary and final development plans according to procedures set forth herein.

(Ord. 2018-8, 4-16-2018; Ord. 2018-16, 8-6-2018)

A.

Submittals: After the pre-application conference, the petitioner shall complete and submit to the village an original and 18 printed copies of the concept information form, requesting concept plan review, and accompanied by the following materials, together with one copy in electronic form:

1.

Location map: Location map, showing all land owned or under option by the applicant, drawn at a scale of 1,000 feet to the inch, and showing the existing community facilities within 1½ miles of the proposed subdivision, including the name and location of main traffic arteries, public transportation lines, sewage and utility lines, water mains and drainage pattern, shopping areas, elementary and high schools, parks and playgrounds, fire stations, principal places of employment, other community features such as railroad stations, airports, hospitals and churches, scale, north arrow and date.

2.

Concept plan: A concept plan at a scale necessary to describe the proposed development and surrounding area in sufficient detail to demonstrate the relationship of the planned development to adjoining uses, both existing and proposed, and to the topography and natural features of the adjoining land uses. The concept plan shall include:

a.

North arrow, scale and date of preparation.

b.

Name and address of the land planner or other consultant who prepared the plan.

c.

Proposed name of the planned development.

d.

Proposed land uses.

e.

Total acreage and percent of the site devoted to each land use.

f.

Proposed layout of streets, lots and blocks.

g.

Proposed dedication of land for school and park sites, if applicable.

h.

Proposed dedication of land for parks, greenbelts, or open space as described in section 8-7-7 of this chapter.

i.

Proposed building footprints and estimated floor area of all nonresidential structures, if any.

j.

Approximate densities of dwellings, if any.

k.

Wetlands, floodplain, floodways and surface waters, including lakes, ponds, streams and drainage swales.

l.

Mature stands of trees, other existing vegetation, or other natural features to be preserved.

m.

Existing topographic data and contour lines with a minimum of one foot intervals.

n.

Proposed water, sanitary and storm sewer systems.

o.

General soils map, as prepared by the USDA Soil Conservation Service.

p.

Any other data reasonably necessary to provide an accurate overview of the proposed development.

3.

Written statement in support: A brief written statement shall be submitted that includes a general description of the planned development, and addresses the following matters:

a.

Statement of ownership, including:

(1)

Disclosure of interest.

(2)

Letter of authorization.

(3)

Identification of owners of beneficial interest.

(4)

Title insurance policy, or most recent deed of record.

b.

A description of contiguity, when proposed for annexation.

c.

Economic benefits to the village, which are attributable to the proposed planned development.

d.

Preliminary implementation schedule.

e.

A comprehensive list of all requested exceptions to applicable ordinances and codes.

4.

Statement as to reimbursement of village costs: An agreement in form and content satisfactory to the village wherein petitioner agrees to reimburse the village for all costs and expenses incurred by the village in reviewing the application or request for a planned development, as required by section 8-7-10 of this chapter.

5.

Other: Information other than that identified above may be requested by the planning and zoning commission chair or village president, if reasonably necessary to clearly describe the proposed planned development.

B.

Fee for request for concept conference: There shall be no fee for requesting a concept conference.

C.

Examination of submittals: The planning and zoning commission or its representative shall examine the submittals in order to determine their adequacy for presentation and discussion at a concept conference as described below. When satisfied, the planning and zoning commission shall direct the applicant to transmit a copy of the concept submittals to the following, not less than 35 days prior to the date otherwise set for concept conference with the planning and zoning commission:

1.

President, any municipality adjacent to the proposed site.

2.

Director, Dundee Township Park District.

3.

Superintendent, School District 300.

4.

Chief, appropriate fire protection district.

5.

Kane County Development Department.

6.

Kane County Stormwater Administration.

The village shall distribute copies to the village president and board of trustees, and to the chair of the planning and zoning commission, for similar comment; and to the members of the planning and zoning commission for consideration at the concept conference.

D.

Concept conference: The planning and zoning commission shall conduct a concept conference with the applicant. Representatives of the other local governmental bodies listed above may forward comments to the planning and zoning commission for consideration at such time, or may attend the conference and make comment.

1.

The purpose of such conference shall be to provide information only, and the applicant shall have the burden of assessing the effect of the information on the proposed development. No formal action shall be taken by the planning and zoning commission at the completion of a concept conference, and any decision to proceed with or to abandon the proposed development shall rest solely with the applicant.

2.

The following items shall be among the items for discussion at any concept conference:

a.

The location of the site in relation to the surrounding area.

b.

The existing conditions on and adjacent to the site.

c.

Potential problems of the proposed development in relation to the existing conditions of the area, the official map and comprehensive plan, the zoning ordinance, and other local goals, objectives, ordinances and plans.

d.

The procedure for review and approval of a planned unit development, including filing fees, review fees and bonding requirements.

3.

The applicant may request additional conferences with the planning and zoning commission in order to continue the discussion of the proposed development in order to accomplish the purposes of the concept conference procedure.

(Ord. 2005-7, 4-4-2005; Ord. 2018-8, 4-16-2018)

A.

Purpose:

1.

The purpose of the preliminary development plan is to obtain tentative approval and/or commitments from the village that the plans, design and program proposed by the petitioner are acceptable, and that the petitioner can reasonably proceed to prepare a final subdivision plan, with architectural, engineering, surveying and landscape details in anticipation of final approval.

2.

The preliminary development plan is a relatively detailed submission that assures the petitioner that he or she can proceed to prepare a final development plan with the assurance that any final development plan will be accepted if he or she substantially conforms to the preliminary development plan. It is at this stage that modifications, adjustments and interpretations are made to the concept plan.

B.

Procedure:

1.

An application for preliminary development plan approval, signed by the owner of record of the land which is the subject of the proposed planned development, shall be submitted to the village clerk, who will forward the application to the planning and zoning commission for public hearing, report and recommendation.

2.

Preliminary and final development plans shall be filed and processed consecutively, and not simultaneously, unless the village board specifically exempts a petitioner from this requirement. The petitioner may request approval of a preliminary development plan and final development plan simultaneously, provided all of the land is to be developed at one time, and all requirements of both the preliminary development plan and final development plan procedures are otherwise met.

3.

A preliminary plat of subdivision may be processed along with the preliminary development plan, according to the procedures and submittal requirements set forth in the village's subdivision ordinance, as may be amended from time to time.

C.

Distribution of plans and required documentation:

1.

The petitioner shall file 20 printed copies of the preliminary development plan, and any supporting documentation, as identified below, together with one electronic copy, with the clerk, accompanied by payment of any required fee.

2.

Once all required drawings and information have been received, the clerk shall distribute the preliminary development plan submittal to the members of the planning and zoning commission, and shall distribute copies to other persons designated by the planning and zoning commission chair or village president. These shall include, but need not be limited to, the following:

a.

Board of trustees.

b.

Village president.

c.

Village planner.

d.

Village engineer.

e.

Village attorney.

f.

Other consultants designated by the planning and zoning commission chair or village president.

3.

Required plans and supporting documentation shall be submitted no later than 21 working days before the regularly scheduled meeting of the planning and zoning commission, to assure adequate time for review by members of the planning and zoning commission, village staff and its consultants.

D.

Required submittals: Unless specific submittal requirements are waived by the village, the following plans, drawings and other documents shall be submitted before any official action may be taken on the petitioner's application:

1.

Detailed plan: A drawing of the planned development shall be prepared at a scale of not less than one inch to 100 feet and shall show such designations as proposed streets (public and private), all buildings and their use, common open space, recreation facilities, parking areas, service areas, and other facilities to indicate the character of the proposed development. The submission may be composed of one or more sheets and drawings and shall include:

a.

Boundary lines: Bearings and distance, and legal description of site by section, township and range.

b.

Easements: Location, width and purpose.

c.

Streets: Streets on and adjacent to the tract, street names, right-of-way widths, existing or proposed centerline elevations, pavement type, walks, curbs, gutters, culverts, etc.

d.

Utilities: A preliminary engineering study providing information on existing and proposed sanitary, storm, water and other utilities necessary to adequately serve the development.

e.

Ground elevation: Ground elevation on the tract, topography (at one foot contour intervals), and grading (cut and fill) plans.

f.

Other conditions on the tract: Watercourses, floodplains, marshes, rock outcrops, wooded areas and isolated preservable trees six inches or more in diameter (measured at 12 inches above ground surface), houses, accessory buildings, and other significant features.

g.

Other conditions on adjacent land: Approximate direction and gradient of ground slope, including any embankments or retaining walls; character and location of major buildings, railroads, power lines, towers, and other nonresidential land uses or adverse influences; owners of adjacent unplatted land; for adjacent platted land refer to subdivision plat by name, and show approximate percent built up, typical lot size and dwelling type, and properties and addresses.

h.

Zoning: Show zoning districts on and adjacent to the tract.

i.

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

j.

Open space: All areas of land intended to be dedicated for use by the general public or reserved for the use of property owners within the proposed development, with the purpose indicated, with reference to the provisions of section 8-7-7 of this chapter.

k.

Structures: General location, purpose and height of each building.

l.

Map data: Name of development, name and address of land planner, engineer, surveyor, landscape architect, north point, scale, date of preparation, and acreage of site.

m.

Miscellaneous: Such additional information as may be required by the planning and zoning commission.

2.

Objectives: A statement of planning objectives to be achieved by the planned development. This statement should include a description of the character of the proposed development and the rationale behind the assumptions and choices of the developer.

3.

Ownership: Statement of present and proposed ownership of all land within the project, including present tract designation according to official records in the Office of the Kane County Recorder. If legal title to the property is in trust, then a statement of the names and percentage of interest of all the beneficiaries shall be submitted. If legal title to the property is in a corporation, limited partnership or other legal entity, then a statement of the names of all persons or entities owning ten percent or more of the stock or other ownership interest shall be submitted.

4.

Schedule: Development schedule indicating:

a.

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

b.

Approximate dates for beginning and completion of each stage.

5.

Covenants: Proposed agreements, provisions or covenants which will govern the use, maintenance and continued protection of the planned development and any of its common open space. Said covenants shall be reviewed and approved by the village attorney prior to recordation.

6.

Density: Information on the density of residential uses, including the number of dwelling units per acre, the number of dwelling units by type, the number of buildings by type, and the number of bedrooms in each dwelling unit type.

7.

Nonresidential use: Information on the type and amount of ancillary and nonresidential uses, including the amount of common open space.

8.

Service facilities: Information on all service facilities and off-street parking facilities.

9.

Architectural plans: Preliminary architectural plans that address primary buildings shall be submitted in sufficient detail to permit an understanding of the style of the development, the design of the building, and the number, size and type of dwelling units. Also, provide floor area of building types and total ground coverage and height of buildings.

10.

Landscape plans: Preliminary plans for vegetation, berming, site furnishings, pavement and aesthetic features shall be submitted.

11.

Facilities plans: Preliminary plans or information, adequate to indicate that the proposed development can be serviced, shall be submitted for:

a.

Roads, including classification, width of right-of-way, width of pavement and typical construction details.

b.

Sanitary sewers, if applicable.

c.

Storm drainage.

d.

Water supply system.

e.

Lighting.

f.

Paths and trails, if applicable.

g.

All information necessary to evidence intended compliance with the requirements of the Kane County stormwater ordinance.

12.

Land use opinion: A land use opinion from the Kane-DuPage Soil and Water Conservation District.

13.

School impact study: Information on the student load and financial impact on the local school districts, including schedule of anticipated students.

14.

Fiscal impact study: Information on the taxes to be generated by the proposed project and the cost to the various taxing bodies to provide the necessary services to the project.

15.

Traffic analysis: Information on the adequacy of the local transportation and thoroughfare system to handle anticipated traffic volumes generated by the planned development. Also, an analysis should be made of the adequacy of the internal vehicular circulation pattern.

16.

Market study: An economic feasibility study of the proposed development, including information on land utilization and marketing potential. Evidence should be presented showing the need for and feasibility of the proposed development.

17.

Fee: The application shall be accompanied by a fee which shall be established from time to time by the village board.

E.

Public meetings:

1.

The chair of the planning and zoning commission shall determine if the submittal is complete in accord with the requirements of this chapter. If the submittal is incomplete then the chair shall inform the petitioner in writing as to the deficiencies in the documents and information to complete the submittal so as to warrant further village review.

2.

Upon receipt of all required submittals, the chair shall notify the petitioner of the date on which the petitioner may present the proposed planned development to the planning and zoning commission for initial review.

3.

The village engineer and village attorney, and such other consultants as may be requested to do so, shall prepare staff reports, which evaluate the proposed planned development for compliance with applicable codes, ordinances and the comprehensive land use plan; the village shall make such reports available to the petitioner prior to the meeting.

4.

At the planning and zoning commission meeting, the petitioner shall provide an overview of the proposed planned development and respond to questions raised by commissioners and any village consultants.

5.

Following initial review of the planned development proposal by the planning and zoning commission, the plan and other supporting documentation shall be revised as necessary to respond to questions and concerns raised at the meeting.

6.

If necessary, the petitioner shall present revised submittals to the planning and zoning commission at a date determined to be mutually acceptable by the commission, village staff, its consultants, and the petitioner. Meetings shall be scheduled to allow the village staff and its consultants a minimum of 21 days to review revised submittals and to prepare supplemental reports for planning and zoning commission distribution.

7.

The planning and zoning commission shall, after receiving and reviewing a preliminary development plan complete in all respects, schedule a public hearing on the proposal.

F.

Public hearing: The planning and zoning commission shall conduct a public hearing on the application for a planned development.

G.

Notice of public hearing: The applicant shall provide notice of the public hearing in each of the following ways:

1.

Posting a notice on the property, in a conspicuous location, not more than 30 days and not less than 15 days prior to the date of the public hearing.

2.

Publishing notice in a newspaper of general circulation in the village, not more than 30 and not less than 15 days prior to the date of the public hearing.

3.

Mailing notice to all owners of record of property located within 250 feet of any boundary of the proposed planned development; provided, the planning and zoning commission chair or village president may require such notice to be mailed to residents beyond 250 feet in any direction, by specifying a different number of feet, if he or she deems it necessary and reasonable because of the size or nature of the proposed development, the unusual configuration of the property involved, or any other reason deemed to result in a direct impact of the development on such owners of record.

H.

Planning and zoning commission action: Following the public hearing on the proposed plan and any supporting documentation, the planning and zoning commission shall, within 45 days, unless an extension is requested or agreed to by the petitioner, submit written findings of fact and recommendation to the village board for the approval, modification or disapproval of the planned development and the reasons therefor. Provided, in the event that the village has allowed petitioner to present a preliminary and final development plan together, pursuant to subsection B of this section, the board of trustees may also allow additional time to the planning and zoning commission for consideration of same, and for submittal of its findings of fact and recommendation thereon. In any event, if such findings of fact and recommendation cannot be submitted to the board of trustees within the specified time, then the planning and zoning commission shall send a written report to the board of trustees stating the reasons for any postponement or delay.

1.

The planning and zoning commission's statement of findings of fact and recommendation shall include, but not be limited to:

a.

Name and address of the petitioner, and the petitioner's attorney.

b.

The petitioner's request.

c.

A description of the project.

d.

A list of requested exceptions from zoning or planned development standards, if any, and the basis for recommending approval or denial of each exception.

e.

A list of documents upon which the planning and zoning commission's recommendation is based.

f.

Copies of all written reports and recommendations, if any, provided to the planning and zoning commission by the village planner, village engineer and village attorney.

g.

Recommendation of the planning and zoning commission, including conditions of approval, if any.

h.

The roll call vote.

2.

The planning and zoning commission's statement of findings of fact shall also specify in what respects the proposal would or would not be in the public interest, and shall, at a minimum address:

a.

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, density, setbacks, lot area, bulk and use, and the reasons why such departures are or are not in the public interest.

b.

The extent to which the proposed planned development meets the requirements and standards of the planned development regulations, and the reasons why such departures are or are not deemed to be in the public interest.

c.

The suitability and adequacy of the physical design of the proposed planned development and the methods by which the proposed planned development:

(1)

Makes provision for public services;

(2)

Provides control over vehicular and pedestrian traffic;

(3)

Provides for and protects designated park, greenbelt, and open space areas;

(4)

Furnishes the amenities of light and air, recreation and visual enjoyment;

(5)

Provides for adequate parking, loading, and lighting; and

(6)

Provides for landscaping.

d.

The compatibility of the proposed planned development with adjacent properties and neighborhoods.

e.

The desirability of the proposed planned development, or lack thereof, for the village's tax base and economic well-being.

f.

The compatibility of the proposed planned development with the comprehensive plan and the goals and policies for planning within the village.

I.

Action by the village board:

1.

Within 45 days of the receipt of the findings of fact and recommendation from the planning and zoning commission, unless an extension is requested or agreed to by the petitioner, the village board shall approve, modify or disapprove the preliminary development plan and supporting documentation submitted therewith. Provided, in the event that the village has allowed petitioner to present a preliminary and final development plan together, pursuant to subsection B of this section, the board of trustees may also allow additional time for its consideration of same. The board of trustees may require such conditions, including modification(s) to the proposed plan, as it may deem necessary or advisable to ensure conformance with the intent of the objectives of the village and this chapter, and the stated purposes of the planned development.

2.

Approval of a preliminary development plan shall not constitute approval of the final development plan. Rather, it shall be deemed an expression of approval to the layout submitted on the preliminary development plan as a guide to the preparation of the final development plan which will be submitted for approval of the village upon the fulfillment of the requirements of these regulations and conditions of the preliminary approval, if any. The final development plan shall be approved if it substantially conforms to the preliminary development plan.

3.

In any case, no building permit shall be issued for any dwelling unit or structure until a final development plan has been approved, and the requisite final plat of subdivision has been recorded.

(Ord. 2005-7, 4-4-2005; Ord. 2018-8, 4-16-2018)

A.

Process:

1.

Subsequent to the approval of the preliminary development plan, the petitioner shall file all required final development plan submittals with the clerk. The submittals shall address all conditions of approval specified by the village board.

2.

The request for approval of a final development plan shall be submitted to the clerk who, upon receipt of all required submittals, will forward the request to the planning and zoning commission for its review and recommendation. Final development plan approval may be requested and granted in phases, in accordance with the petitioner's development schedule.

3.

A final plat of subdivision may be processed along with the final development plan submittal in accordance with the village's subdivision ordinance, as may be amended from time to time. Final plat approval may be requested and granted in phases, in accordance with the petitioner's development schedule.

4.

Final development plan submittals shall demonstrate substantial compliance with the preliminary development plan. The petitioner shall file 20 printed copies of plans and other required supporting documentation, together with one electronic copy, with the clerk.

5.

Once all required drawings and information have been received, the clerk shall distribute the final development plan submittal to the planning and zoning commission for review.

6.

Required plans and documentation shall be submitted no later than 21 days before the meeting of the planning and zoning commission to assure adequate time for review.

7.

The final development plan and all supporting documents and data required herein, with appropriate comments from village staff and village consultants, shall be reviewed by the planning and zoning commission for certification that the final development plan and other required documentation are in conformity with the preliminary development plan.

B.

Submittals: Submittals required for the final development plan shall include, but not necessarily be limited to, the following, as applicable:

1.

Final plan: A final development plan shall be prepared and submitted to the planning and zoning commission for approval. The purpose of the final development plan is to designate with particularity the land to be subdivided into conventional lots as well as the division of other land not so treated into common open areas and building areas. The final development plan shall include, but not be limited to:

a.

An accurate legal description of the entire area within the planned development.

b.

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

c.

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

d.

Designation of the exact location of all buildings to be constructed.

e.

Certificates, sales and signatures required for the dedication of lands, and recording the documents.

f.

Tabulation of separate unsubdivided use area, land area, number of buildings, number of dwelling units, and dwelling units per acre.

2.

Common open space documents: Ownership of any common open space or common recreational facilities or other amenities included in the proposed development may be either: a) conveyed to a municipal or public corporation, b) conveyed to a not for profit corporation or entity established for the purpose of benefiting the owners and residents of the planned development, or c) retained by the developer, in any case, subject to the approval of the village. In any event, the village shall require legally binding covenants and other guarantees, in a form approved by the village attorney, that the common open space, recreational facilities, or other amenities will be permanently preserved as an open area. All land conveyed to a not for profit corporation or like entity shall be subject to the right of said corporation or entity to impose a legally enforceable lien against the individually owned property in the planned development for maintenance and improvement of the common open space, recreational facilities or other amenities. Such documents shall also provide that the village shall have the right, but not the obligation, to perform necessary maintenance of the common open space, recreational facilities, or other amenities, and shall have a lien against the individually owned property in the planned development for the costs thereof.

3.

Construction plans: Detailed plans shall be submitted for the design, construction or installation of site amenities, including buildings, landscaping, lakes and other site improvements.

4.

Construction schedule: A final construction schedule shall be submitted for that portion of the planned development for which approval is being requested.

5.

Covenants: Final agreements, provisions or covenants which will govern the use, maintenance and continued protection of the planned development shall be submitted to the village attorney for review and approval. Said covenants shall not be recorded without the written approval of the village attorney.

C.

Planning and zoning commission action thereon:

1.

The planning and zoning commission shall review the final development plan submittal within 45 days after it is filed with the village clerk, unless extension is requested or agreed to by the petitioner, and after review thereof shall recommend to the village board approval if it is in substantial compliance with the preliminary development plan, or disapproval if not in substantial compliance therewith. All recommendations shall be in writing and shall state the reasons therefor, and may include such additional conditions as may be appropriate, based on the final documentation submitted.

2.

If the final development plan is substantially different from the preliminary development plan, the planning and zoning commission shall either:

a.

Recommend disapproval of the final development plan submittal; or

b.

Recommend to the village board that a new public hearing be conducted according to procedures established for preliminary development plan approval.

3.

With a recommendation of approval, the planning and zoning commission shall submit to the village board a written recommendation which:

a.

Confirms that the final development plan is in substantial conformity with the preliminary development plan; and

b.

Identifies any additional conditions of approval.

D.

Village board action:

1.

Within 45 days of receipt of the written recommendation of the planning and zoning commission on the final development plan, unless an extension is requested or agreed to by the petitioner, the village board shall approve or disapprove the final development plan.

2.

If the village board decides to approve the final development plan, it shall authorize the village attorney to prepare the development ordinance. If the village board determines that the final development plan shall be disapproved, it shall do so by a motion of the board. In lieu of disapproval the village board may grant the petitioner additional time to remedy any deficiencies.

E.

Recording:

1.

No final plat of subdivision shall be recorded, and no building permit shall be issued, until the final development plan has been approved by the village board, as evidenced by enactment of the development ordinance.

2.

The development ordinance shall be recorded by the petitioner within 30 days of its adoption. The recording of the development ordinance shall inform all those persons who deal with the planned unit development of the restrictions placed upon the land and shall act as a zoning control device.

F.

Construction; phasing:

1.

The village may establish a schedule for construction and phasing of the planned unit development in the development ordinance; provided, in no event shall the first final plat of subdivision for all or any designated portion of the planned unit development be filed with the village clerk, for review by the village, later than one year from the date of the development ordinance.

2.

Construction, as evidenced and authorized by the issuance of a building permit, must begin within one year after the date of approval of the first final plat of subdivision, and within one year of the date of approval of each subsequent final plat of subdivision as to any subsequent phase of the planned unit development.

G.

Miscellaneous:

1.

In the event that the conditions expressed in subsections F.1 and F.2 of this section are not met, the special use for planned unit development approved in the development ordinance may be revoked. The village shall, by filing a written petition therefor, initiate such zoning change or changes as it deems necessary to serve the public interest, and upon review and recommendation of the planning and zoning commission and approval by the village board in accord with the procedures required for zoning amendment, the special use for planned unit development approved in the development ordinance shall be revoked, and shall be null and void.

2.

If construction in any approved planned unit development, or any phase thereof, falls more than six months behind the building schedule approved by the village, the village board shall either extend the schedule or initiate action to revoke the planned unit development special use.

3.

Upon the completion of the planned unit development, any portion thereof, any individual building, or any element of the planned development, in each case in full compliance with the development ordinance, then and only then may an occupancy permit be issued by the zoning enforcement officer to allow for the use of a building or facility in said planned unit development.

(Ord. 2005-7, 4-4-2005; Ord. 2018-8, 4-16-2018; Ord. 2018-16, 8-6-2018)

A.

Posting of guarantees: In all cases, issuance of a special use permit for a planned unit development shall be subject to posting of a performance and maintenance guaranty in accordance with the village subdivision regulations (currently sections 9-5-1 and 9-5-4 of this Code, and as hereafter amended).

B.

Public and quasi-public facilities: All public and quasi-public facilities and improvements made necessary as a result of the planned unit development shall either be constructed in advance of the approval of the final plat of subdivision pursuant to a permit duly obtained, or a clear, nondeclining irrevocable letter of credit in a form approved by the village attorney shall be posted to guarantee construction of the required improvements. The letter of credit, payable to the village, shall be issued by a federally insured bank or savings and loan association with resources of at least $100,000,000.00 and shall be sufficient to cover the full cost of the improvements as estimated by the village engineer, plus 25 percent. Detailed construction plans shall be submitted for all public and quasi-public facilities to be built. Public and quasi-public facilities shall include, but not be limited to, roads, curbs, gutters, sidewalks, streetlights, street signs, water, sewer improvements or open space as described in section 8-7-7 of this chapter, and public parking facilities.

C.

Guarantee deposit: A deposit shall be made to the village in cash, or clean, nondeclining irrevocable letter of credit approved by the village attorney in an amount equal to 15 percent of the cost of all public facility installations as established and determined by the village engineer. This deposit shall be a guarantee of satisfactory performance of the facilities constructed within the planned unit development and shall be held by the village for a period of 24 months from the date of acceptance of the facilities by the village. After such 24 months, the deposit shall be refunded if no defects have developed, or if any defects have developed, then the balance of such deposit, if any, shall be refunded after reimbursement for amounts expended in correcting defective facilities.

(Ord. 2005-7, 4-4-2005)

A.

The planned unit development shall be implemented only according to the development ordinance and recorded final plat or final plats of subdivision recorded for the planned unit development. The recorded final plats and supporting data, together with all recorded documents and amendments, if any, shall be binding on the owners, successors, grantees, heirs, and assigns, and shall limit and control the use of the premises (including the internal use of buildings and structures) and locations of structures in the planned unit development as set forth therein.

B.

Changes to an approved final development plan may be made as follows:

1.

Major changes:

a.

Changes which alter the concept or intent of the proposed planned unit development may be approved by the village board only by submission of a revised final development plan and an appropriate final plat of subdivision for any affected phase or phases of the planned unit development. Any major changes may be approved only by submission of a new final development plan with appropriate supporting documentation, and by following the procedure set forth hereinabove for final development plan approval.

b.

Major changes include, but are not limited to, the following:

(1)

Increases in density.

(2)

Increases in the heights of buildings.

(3)

Reductions in approved open space or preservation areas.

(4)

Modifications to the approved uses, and a change by more than ten percent in the acreage allocated to each use.

(5)

Rearrangement of lots, blocks, and building tracts.

(6)

Modifications to the approved architectural drawings.

(7)

Modifications to the development schedule.

(8)

Changes in road standards.

2.

Minor changes:

a.

Minor changes may be approved by the village board, after review and recommendation by the planning and zoning commission, provided said changes do not alter the spirit and intent of the approved planned unit development.

b.

Minor changes include:

(1)

Minor modifications to the location of buildings, provided all setbacks established for the planned unit development are met.

(2)

Minor changes to the location and configuration and size of approved open space due to circumstances that were not foreseen at the time the final development plans were approved.

3.

Incidental field changes: Incidental field changes may be approved by the zoning enforcement officer, after review by appropriate staff.

4.

Recording: Major changes which are approved for the final development plan shall be recorded as amendments to the recorded copy of the development ordinance.

(Ord. 2018-8, 4-16-2018)

All professional and consulting fees and other costs incurred by the village in the consideration or processing of any application or request for a planned development under this chapter including, but not limited to, engineering, planning, legal, publication and court reporter fees, shall be paid by the petitioner, applicant or owner, as the case may be. This requirement for reimbursement shall extend to any and all fees and costs the village may incur in conducting any public hearings in connection with any application made under this chapter, including, but not limited to, any special counsel fees the village may incur therewith. This reimbursement requirement further extends to any and all such fees and costs the village may incur in implementing and enforcing any formal action taken by the village on any application made under this chapter. No action shall be taken on any application for planned development until all such applicable fees, charges and expenses have been paid in full.

(Ord. 2005-7, 4-4-2005)