A "planned development" shall mean a tract of land containing not less than five (5) acres, comprehensively planned as an entity via a unitary plan which permits flexibility in building, mixture of housing types and land uses, usable open spaces and the preservation of significant natural features. The president and board of trustees may modify or waive the acreage restriction upon request. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

The purposes of this planned development chapter are:

   A.   To promote flexibility in design and permit planned diversification in the location of structures;

   B.   To promote the efficient use of land to facilitate a more economic arrangement of buildings, circulation systems, land use and utilities;

   C.   To preserve to the greatest extent possible the existing landscape features and amenities and to utilize such features in a harmonious fashion;

   D.   To provide for more usable and suitably located recreational facilities and other public and common facilities than would otherwise be provided under conventional development procedures;

   E.   To combine and coordinate architectural styles, building forms and building relationships within the planned development;

   F.   To ensure a quality of design and construction for developments within the village and to provide greater amenities, flexibility and other benefits in the best interest of the village; and

   G.   To give developers reasonable assurance of approval before they expend complete design monies, while providing village officials with assurance that the project will retain the character envisioned at the time of approval. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

   A.   The following shall be required for all planned developments. Prior to filing a formal application for approval, the petitioner shall request a preapplication conference with the village manager or his designee. No such conference shall be binding upon the village. The purpose of the preapplication conference is to advise and assist the petitioner before presentation of the development plan, so that the petitioner may determine:

      1.   Whether the proposed planned development appears, in general, to be in compliance with the provisions of the zoning and other applicable ordinances.

      2.   Whether it appears that any zoning amendment or variance is required.

      3.   Whether it appears that the proposed planned development will be in conformity with the comprehensive development plan of the village.

   B.   The preapplication conference is mandatory, but does not require formal application, fee or filing of a planned development. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

The purpose of the preliminary development plan is to provide information necessary to evaluate the planned development. The preliminary development plan and the final development plan may be combined for planned developments of less than twenty (20) acres in which case the applicant may, with the prior approval of the village manager in his sole discretion, permit the applicant to proceed with submission of the combined preliminary development plan and final development plan. Should the applicant elect to proceed with this combined submission for preliminary/final development plan approval, the requirements of this section, for both phases of approval, shall still apply, and the applicant does so entirely at his own risk and the village is under no obligation to approve said combined development plan. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

Application for preliminary plan approval of a planned development shall be filed with the village clerk accompanied by sufficient copies of the preliminary development plan in such number as may be determined by the village clerk. The filing fee shall be submitted for all or specified phases of the planned development as required by the village. The following information shall be required for all preliminary plans:

   A.   Ownership: Evidence of ownership indicating the entire site of the planned development shall be under single ownership and/or unified control.

   B.   Persons To Be Sent Notices: Names and addresses of the person to whom notices of hearings shall be sent including the petitioner, the designers of the subdivision and the owners of the land within two hundred fifty feet (250'), exclusive of public right of way, of the planned development.

   C.   Survey And Legal Description: A boundary survey and legal description of the areas prepared and certified by a registered Illinois land surveyor, showing thereon the total acreage to the nearest one-hundredth (1/100) of an acre, a true north point and the date of preparation.

   D.   Topographical Survey: A topographical survey of the area, at one foot (1') contour intervals, extending one hundred feet (100') past the subject property line.

   E.   Land Use Plan: A land use plan for the entire planned development showing the boundaries of the proposed development; its relative location within the village; the plans for the future development of the area; and the types, location and acreage of land uses. Any residential use areas shown on the plan shall show the proposed number and type of dwelling units and the densities by type, during each phase of the planned development. Drawings shall be provided showing each proposed residential type of housing unit. More detailed information may be required for that part intended for initial development.

   F.   Traffic Study: A traffic study, prepared by a traffic engineer providing a general description of existing roads on and adjacent to the proposed road improvements necessary for the development. A circulation diagram indicating the proposed movement of vehicles, goods and pedestrians within the development and to and from existing thoroughfares, indicating any special engineering features and traffic regulation devices needed to ensure the safety of persons and property.

   G.   Modifications, Exceptions And Variances: A description of the requested modifications, exceptions and variances of and from this section or the village subdivision control ordinance (title 10 of this code).

   H.   Market Research Report: A market research report, or its equivalent, to establish the marketability for the proposed development.

   I.   PUD Agreement: A draft of proposed PUD agreement, or any covenants and restrictions required by the village or otherwise that are intended to be filed in the office of the recorder of deeds of Cook County prior to the disposition of any land in the planned development. The village shall require such covenants and adequate provisions to assure proper maintenance and repair of all areas and facilities under common ownership, including the payment therefor and enforceability thereof by or on the behalf of the village as well as any proposed charter and bylaws of an association, if any, for homeowners, merchants or industrial owners.

   J.   Site Plan And Supporting Maps: A site plan and any maps necessary to show the major details of the proposed planned development must contain the following minimum information:

      1.   The existing site conditions including contours at one foot (1') intervals, watercourses, floodplains, trees over six inches (6") in diameter as measured one foot (1') above grade prepared in accordance with sections 10-6-9 and 10-3-3 of this code, unique natural features and existing coverage and the results of soil borings twenty feet (20') below the ground surface at four hundred foot (400') intervals or as required by village engineer. Said borings shall include information regarding subsurface conditions of the area, subsurface soil, rock, groundwater conditions and depth to groundwater.

      2.   Proposed lot lines and plot designs.

      3.   The location and floor area size of all existing and proposed buildings, structures and other improvements, including maximum heights, types of dwelling units, density per type and nonresidential structures, including commercial facilities.

      4.   The location and size in acres or square feet of all areas to be conveyed, dedicated or reserved as common open spaces, public parks, recreational areas, school sites or similar public and semipublic uses.

      5.   The existing and proposed circulation system of arterial, collector and local streets, including off street parking areas, service areas, loading areas and major points of access to public right of way (including major points of ingress and egress to the development).

      6.   The existing and proposed pedestrian circulation system, including its interrelationship with the vehicular circulation system, indicating proposed treatment of points of conflict.

      7.   The existing and proposed utility systems including sanitary sewers, storm sewers, water and easements.

      8.   A general preliminary landscape plan indicating the treatment of materials used for private and public open spaces.

      9.   General street and public area lighting plan.

      10.   Boundary lines of adjoining unsubdivided land within one hundred feet (100'), identifying by name and ownership, existing land use, zoning average density per acre, public facilities and unique natural features of the landscape.

      11.   Bicycle plan in conformance with the comprehensive plan.

      12.   Wetland mitigation plan in a manner approved by the village engineer.

   K.   Development Schedule: A development schedule indicating the approximate date when construction of the planned development and phases of the planned development can be expected to begin and be completed.

   L.   Describe Character Of Area: An explanation of the character of the area covered by the preliminary plan and the reasons why it is suitable for a planned development.

   M.   Other Uses Than Residential: Statement on the type and amount of ancillary and nonresidential uses in a residential development, including the amount of common open space, recreational areas and facilities.

   N.   Title Of Development: Statement of title under which proposed development is to be recorded, names and addresses of owners and present tract designation including book and page, if available, according to official records in the office of the recorder of deeds.

   O.   Floor Plans And Elevations: Floor plans and elevations of proposed structures.

   P.   Required Letters: All required letters, as described in the village subdivision regulations (title 10 of this code), including letters of approval from the department of conservation and Illinois historic preservation agency as well as letters of acceptance of required land donations or cash in lieu of land from the Streamwood park district and school district U-46.

   Q.   Tree Survey: Tree survey, if applicable. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

The planning and zoning board shall hold a public hearing on the application for a planned development and preliminary plan. Notice shall be given of the time and place of the hearing by publishing a notice thereof at least once in a newspaper of general circulation in the village, said publication to be not more than thirty (30) days nor less than fifteen (15) days prior to the date of hearing. Notice shall be provided owners of record within two hundred fifty feet (250') exclusive of public rights of way, of the planned development not more than thirty (30) days nor less than fifteen (15) days prior to the date of hearing. The form of notice to be provided by the village clerk shall be either certified or registered mail, return receipt requested. The petitioner must submit signed, mailed cards or electronic verification of signatures as proof at the time of the hearing. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010; amd. Ord. 2015-9, 5-7-2015)

   A.   Planning And Zoning Board Action: Within ninety (90) days after the close of public hearing, the planning and zoning board shall give a written opinion to the president and board of trustees recommending approval, modification or disapproval of the preliminary plan of development.

   B.   President And Board Of Trustees Action: The president and board of trustees after receipt of the preliminary development plan of the development, shall approve, modify or disapprove such plan. The president and board of trustees may require such special conditions as they may deem necessary to ensure conformity with the intent and purpose of all village ordinances. Upon approval by the president and board of trustees of the plan by an ordinance, a record shall be prepared, including findings of fact, setting forth the terms of relief and/or variances granted from existing ordinances in general and specifically from the subdivision and other improvement ordinances. Approval of a preliminary plan shall not constitute approval of the final plan. The president and board of trustees shall notify the planning and zoning board and applicant of its action. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010; amd. Ord. 2015-9, 5-7-2015)

Approval of a preliminary plan by the president and board of trustees shall not constitute approval of the final plan nor qualify a plat of the planned development for recording. In the event that a preliminary plan is approved and thereafter, but not prior to final approval, the petitioner shall choose to abandon such plan and notify the planning and zoning board in writing, or fail to file application for final plan approval within the required time period or any extension thereof, the preliminary plan approval shall be deemed to be revoked and all that portion of the area included in the plan for which final approval has not been given, shall be subject to all applicable ordinances. No building permit shall then be issued for any structure until approval for the issuance has been given by the president and board of trustees of the final plan. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010; amd. Ord. 2015-9, 5-7-2015)

The purpose of the final development plan is to:

   A.   Designate the land subdivided into lots;

   B.   Designate the division of other lands into common open building areas;

   C.   Designate and limit the specific use of land, buildings and structures thereon;

   D.   Ensure substantial compatibility with preliminary plans. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

The final plan of the planned development shall substantially conform to the preliminary plan as approved. It may be submitted in stages with each stage being a portion of the approved preliminary plan which is to be developed and recorded; each such portion shall conform to all requirements of this chapter. After reviewing the final plan and supporting data, the planning and zoning board shall approve or disapprove the plan within sixty (60) days. The required procedure for approval of the final plan of a planned development shall be as follows: (Ord. 2009-34, 12-3-2009, eff. 1-1-2010; amd. Ord. 2015-9, 5-7-2015)

   A.   Submission Of Final Plan: Within twelve (12) months after approval of the preliminary development plan, the petitioner shall submit a final plan for approval. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

   B.   Filing Application With Clerk: Application, final plan and supporting data shall be filed with the village clerk with sufficient copies of the plan as determined by the village clerk. The planning and zoning board shall certify that the final plan is in conformity with this section and in agreement with the approved preliminary plans. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010; amd. Ord. 2015-9, 5-7-2015)

   C.   Acreage: Final plans for all or part of the planned development shall be submitted to the village clerk. There shall be no minimum acreage requirement with respect to final plans. Said plans shall be in substantial compliance with development schedule.

   D.   Final Subdivision Plat: If the planned development constitutes a subdivision, a final subdivision plat shall be submitted. Any such final subdivision plat shall set forth suitable dedications of permanent open and recreational space to be owned in common, rights of way and other requirements of the ordinances and statutes, as the same may be in force from time to time.

   E.   Location Of Buildings, Parking And Loading Spaces: The final version of the plan of the planned development shall be filed indicating the locations of all buildings, parking and loading spaces and any other special structure, facility or feature approved or required by the president and board of trustees.

   F.   Final Version Of Covenants: The final version of the covenants, if any, by which the petitioner proposes to regulate land use and otherwise protect the proposed development, accompanied by the written representation and warranty of the petitioner, in form and substance satisfactory to the village attorney, to the effect that the owner of the real property which is the subject of the proposed planned development has not sold or otherwise disposed of any interest in said property and will not sell or otherwise dispose of any such interest prior to the filing for record of said covenants in the office of the recorder of deeds of Cook County, Illinois.

   G.   Deeds And Easement Agreements: Such deeds or easement agreements, if any, as are required by the president and board of trustees, shall be filed in form and substance approved by the village attorney conveying ownership interest in the parcels within the proposed planned development which are to be subject to public or common ownership.

   H.   Homeowners' Association: Submitting a copy of the articles of incorporation of the homeowners', merchants' or industrial owners' association, if any, and a complete copy of such bylaws, all certified by the secretary of state of Illinois or otherwise, as existing authenticated not more than thirty (30) days prior to submission.

   I.   Details Of Final Plan: All final plans shall be prepared in accordance with section 10-3-4 of this code in such detail as may be required by the village engineer, including:

      1.   Sanitary and storm sewer systems;

      2.   Water supply system;

      3.   Street and public area lighting systems;

      4.   Sidewalks, trails and paths;

      5.   Landscape plan;

      6.   Tree protection and preservation plan; and

      7.   Wetland mitigation plan.

   J.   Improvements; Cost Established: Estimate of the cost of installation of all proposed public improvements confirmed by a registered Illinois engineer.

   K.   Floor Plan: Final floor plan and elevations of proposed structures.

   L.   Delinquent Taxes Or Assessments: A certificate furnished by the county collector that no delinquent taxes exist against the property and that all special assessments constituting a lien on the whole or in part of the property of the planned development have been paid. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

In reviewing the preliminary plans and final plans, the planning and zoning board and the president and board of trustees shall be guided by the following standards: (Ord. 2009-34, 12-3-2009, eff. 1-1-2010; amd. Ord. 2015-9, 5-7-2015)

   A.   All plans shall be designed so that the public health, welfare and safety shall be protected.

   B.   The proposed development shall be such that it does not cause substantial injury to the value of other property in the immediate area.

   C.   All plans shall provide for protection of both the aesthetics and function of the natural environment, including, but not limited to, conditions pertaining to floodplains, soil and geologic characteristics, air quality and preservation of vegetation.

   D.   Residential use areas should have a variety of housing types and densities necessary to achieve a balanced neighborhood.

   E.   The planned development shall include land area necessary to accommodate cultural, educational, recreational and other public and quasi-public activities necessary to serve the needs of the residents thereof.

   F.   The proposed development shall provide for the orderly and creative arrangement of all land uses with respect to each other and to the entire village. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

All planned developments shall be developed in strict compliance with the recorded final plan and supporting data. All final plans and covenants filed and recorded hereunder shall be contractual undertakings by and shall be binding upon the applicant thereof, the owners of the land covered by such planned development, their successors and assigns, and shall limit and control the construction location and use and operation of all land in such planned development and all improvements and structures to be located thereon.

   A.   Approval of any planned development by the village president and board of trustees shall carry with it approval of the development for completion for each phase or segment thereof as contained in the application, including any changes or amendments imposed by the village president and board of trustees and accepted by the applicant.

In the event any portion of such development schedule is not met, the village president and board of trustees, upon a written request by the applicant for an extension of time, delivered to the village president and board of trustees at least twenty (20) days prior to the expiration of the completion date for which such extension is requested, may, for good cause shown, extend said completion date for such length of time as the village president and board of trustees, in their sole discretion, deem justified by the circumstances.

Upon the failure of an applicant to satisfactorily meet any phase or segment of the development schedule within thirty (30) days after the expiration thereof, or within thirty (30) days after any extension thereof granted by the village president and board of trustees, the planned development granted as a special use thereunder shall forthwith lapse, terminate and become null and void, and the tract of land subject to such special use shall retain its underlying zoning classification; provided, however, that the village president and board of trustees shall permit such portion of the planned development special use to remain in effect with respect to such tract as is reasonably warranted by the then current state of development so as to avoid manifest injustice to the applicant and his successors in title. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

The applicant may apply for approval of a new planned development or for rezoning of the subject premises within sixty (60) days after termination. In the event the applicant does not make such application within the sixty (60) day period, the village president and board of trustees shall initiate consideration of rezoning of the subject property by referring the matter to the planning and zoning board for public hearing and recommendations. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010; amd. Ord. 2015-9, 5-7-2015)

   B.   Upon issuance of a special use permit and the necessary building permits, no major changes may be made, during or after the development of the final plan as approved and recorded; however, such major changes may be made pursuant to section 11-8-9, "Plan Changes", of this chapter. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

   A.   Revocation: In any case where a planned development has not been substantially commenced within one year from the date of granting thereof, the planning and zoning board may recommend and the president and board of trustees, after notice and public hearing thereon, may repeal the ordinance authorizing any such planned development.

   B.   Use Exceptions: The planning and zoning board may recommend and the president and board of trustees may authorize specified uses permitted in part of the area of a proposed planned development, which are not permitted by the use regulations of the district in which said development is located, provided, that the planning and zoning board shall find: (Ord. 2009-34, 12-3-2009, eff. 1-1-2010; amd. Ord. 2015-9, 5-7-2015)

      1.   That the uses permitted by such exception are necessary or desirable and are appropriate with respect to the preliminary purpose of the planned development; and

      2.   That the uses permitted by such exception are not of such a nature, or so located, as to be a detrimental influence on the surrounding neighborhood. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

   C.   Bulk Regulations: In the case of any planned development, the planning and zoning board may recommend and the president and board of trustees may authorize exceptions to the bulk regulations of this zoning title within the boundaries of such planned developments; provided, that the petitioner shall present sufficient evidence to the planning and zoning board that such exception shall be solely for the purpose of promoting an integrated site plan no less beneficial to the residents of occupations of such development as well as the neighboring property, than would be obtained under the bulk regulations of this chapter for buildings developed on separate zoning lots. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010; amd. Ord. 2015-9, 5-7-2015)

   D.   Maintenance Of Recreational Space And Permanent Common Open Spaces: In the event that the organization established to own and maintain common open space, recreation areas and related facilities, or any successor organization, shall at any time after establishment of the planned development fail to maintain the common open space, recreation areas and related facilities in reasonable order and condition, in accordance with the plan, the village may serve written notice upon such organization or upon the residents of the planned development setting forth the manner in which the organization has failed to maintain the space in a reasonable condition and said notice shall include the following:

      1.   A demand that such deficiencies of maintenance be cured within thirty (30) days. If such deficiencies are not cured within said thirty (30) days, the village shall serve notice of hearing. Said notice shall state the date and place of hearing and shall be sent registered mail not less than five (5) days nor more than ten (10) days from the hearing date. At the hearing, if the village finds the deficiencies cannot be cured by the responsible party, the village in order to preserve the taxable values of the properties within the planned development, and to prevent the common open space from becoming a public nuisance, may enter upon said property and maintain the same for a period of one year. Said entry and maintenance shall not vest in the public any rights to use the common open space or recreation areas. Before the expiration of said year, the village shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space, call a public hearing upon notice to such organization, or to the residents of the planned development to show cause why such maintenance by the village shall not, at the election of the village, continue for a succeeding year. If the president and board of trustees shall determine that such organization is not ready and able to maintain said common open space and recreation areas in a reasonable condition, the village may, in its discretion, continue to maintain such common open space during the next succeeding year thereafter. The decision of the president and board of trustees in any case shall constitute a final administrative decision, subject to review in accordance with appropriate provisions of this section.

      2.   The cost of such maintenance by the village shall be assessed against the properties within the planned development that have a right of enjoyment of the common space and recreation space. The village may pursue such payments by appropriate legal action. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

   A.   Major Changes: Changes which alter the concept of the planned development, including, but not limited to, changes in density, type and location, height of buildings and proposed open space, must be approved by submission of preliminary and final development plans pursuant to the provisions of this chapter and provisions for a public hearing under section 11-8-4-3 of this chapter.

   B.   Minor Changes: Minor changes in locations, siting or character of buildings may be authorized by the village manager, if required by engineering or architectural constraints, or other circumstances not foreseen at the time the final development plan was approved. The village manager may not authorize as a minor change any increase in the size of a building or structure. The village manager may authorize as a minor change, changes in the location of any building or structure in any direction up to ten feet (10'); further, any such changes in the location of a building or structure exceeding ten feet (10') may be approved by the village manager, provided such change shall be approved by the president and board of trustees. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

Building, zoning and occupancy permits shall be required for each structure in a planned development. No building permit relating to any part of a planned development shall be issued prior to the approval of a final plan of such part of the planned development. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

Prior to the recordation of a final plat of a planned development, the applicant shall submit an irrevocable letter of credit, in accordance with section 10-3-6 of this code, as a guarantee for the completion of all public facilities and improvements made necessary as a result of the planned development in conformance with the subdivision regulations. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

In addition to the deposit provided for in section 11-8-11 of this chapter, a deposit shall be made to the village in either cash or irrevocable letters of credit, in accordance with section 10-3-6 of this code, or maintenance bond equal to ten percent (10%) of the estimated cost of public facility installations. This deposit shall be a guarantee of satisfactory performance of the facilities constructed within the planned development and shall be held by the village for a period of twenty four (24) months after acceptance of such facilities by the village. After such twenty four (24) months, the deposit shall be refunded if no defects have developed, or if any defects have developed, then the balance of such deposit shall be refunded after reimbursement for amounts expended in correcting any defective facilities. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

Upon completion of construction of any public improvements required by the approved final plan, the applicant can request acceptance of all required public improvements, by the village board, in conformance with section 10-3-7 of this code. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)

All other subdivision and improvement ordinances of the village shall remain in full force and effect, unless otherwise varied by this chapter. (Ord. 2009-34, 12-3-2009, eff. 1-1-2010)