The purpose of this article is to provide for planned unit developments which are characterized by:

20.1.1. A maximum choice in the types of environment available to the public, by allowing a development that would not be possible under the strict application of the other sections of this ordinance;

20.1.2. Permanent preservation of common open space and recreation areas and facilities;

20.1.3. A pattern of development to preserve natural vegetation, topographic and geologic features;

20.1.4. A creative approach to the use of land and related physical facilities, that results in better development and design and the construction of aesthetic amenities;

20.1.5. An efficient use of the land, resulting in [a] more economic networks of utilities, streets, and other facilities;

20.1.6. A land use which promotes the public health, safety, comfort, morals and welfare.

The provisions of this article provide for developments incorporating a single type or a variety of related uses which are planned and developed as a unit. Such development may consist of conventionally subdivided lots or provide for development by a land use and zoning plat, in keeping with the purpose of the plan.

A planned unit development, if granted, shall be a special use in accord with the following procedures and may depart from the normal procedure, standards, and other requirements of other sections of this ordinance. Applications shall be made on forms provided by the village and shall be accompanied by the required plans and documents. The application at each step shall be certified by the village clerk as containing all information and data required under these procedures, and shall be reviewed by the technical review committee, in accordance with the plan review procedures adopted by the village board.

20.2.1. Concept review. Prior to the filing of an application for approval of a preliminary plan for a planned unit development, the developer shall submit a concept plan for review according to the procedures for plan review, applicable to planned unit developments.

20.2.2. Approval of preliminary plan. A preliminary plan of the planned unit development shall be submitted to the president and board of trustees, who shall refer same to the plan commission for public hearing, report, and recommendation as to whether or not the president and board of trustees should issue the special use permit applied for. The required procedure for approval of the preliminary plan shall be that specified in the procedures for plan review adopted by the village board, except that:

20.2.2.1. At the direction of the village board, the planning and zoning commission shall hold a public hearing on application for a planned unit development, giving notice of the time and place not more than 30 or less than 15 days before the hearing, by publishing a notice thereof at least once, in a published newspaper having general circulation within the village.

20.2.2.2. Following the public hearing and review of the preliminary planned unit development plan and supporting data for conformity to these regulations, the plan commission shall, within 60 days, recommend approval, modification, or disapproval, and the reasons therefor, or indicate why a report cannot be rendered to the president and board of trustees.

As a condition to the approval of the preliminary plan, the plan commission shall set forth in a separate communication to the president and board of trustees, findings of fact, in accord with the Subdivision Control Ordinance, on which they base their approval and describing how the proposal meets the standards of the Subdivision Control Ordinance, or specifying what compensating public benefits will be achieved by variation of any standard.

20.2.2.3. The president and board of trustees shall approve, modify or disapprove the preliminary plan within 60 days after receipt of the preliminary plan from the plan commission.

20.2.2.4. Approval of a preliminary planned unit development plan shall not constitute approval of the final plat; rather, it shall be deemed an expression of approval to the layout submitted on the preliminary plan, as a guide to the preparation of the final plat which will be submitted for approval of the village and subsequent recording upon the fulfillment of the requirements of these regulations and conditions of the preliminary approval, if any. The final plat shall be approved as the final land use and zoning plat if it conforms with the approved preliminary land use and zoning plan.

The preliminary plan and final plat may be filed and approved simultaneously or the final plat may be filed and approved without a preliminary plan, if all of the land is to be developed at one time, if all requirements hereof are met.

No building permit shall be issued for any structure until the approval of the final plat.

20.2.3. Approval of the final plat. The final planned unit development plat shall conform substantially to the preliminary plan as approved, and, if desired by the developer, it may be submitted in stages, with each stage reflecting the approved preliminary plat which is proposed to be recorded and developed; provided, however, that such portion conforms to all requirements of these regulations. The required procedure for approval of a final plat shall be that specified in the procedures for plan review adopted by the village board, except that:

20.2.3.1. The final plat must be submitted for approval in accordance with agreed-to scheduling, but not later than two years; in the event that same is not done, the plan commission shall initiate such zoning changes as it deems necessary to preserve the public interest.

20.2.3.2. Final plats and supporting data shall show in detail the design, location, and use of all buildings and overall land development, as well as such information as required herein.

20.2.3.3. In the case of approval of a final plat, the village board shall pass an ordinance granting a special permit authorizing the planned unit development, and the issuance of all necessary construction permits; provided, however, that such construction permits shall be issued only after the final planned unit development plat and supporting data have been recorded with the recorder of deeds; and provided further however, that all applications for such construction permits are in full compliance with the requirements of the applicable ordinances of the Village of Vernon Hills.

20.2.4. Filing the final plat. The ordinance authorizing construction of the planned unit development shall be effective only upon recording of the final planned unit development land use and zoning plat and supporting data with the county recorder of deeds. No permit, allowing construction of a building or other development, shall be granted until the required recording of the final plat.

The purpose of the final plat is to designate with particularity the land subdivided into conventional lots as well as the division of other lands, not so subdivided, into common open areas and building sites. The preliminary plat shall generally locate buildings, whereas the final plat shall show the exact location of each building and other improvement.

The recording of the final plat shall inform all who deal with the planned unit development, of the restrictions placed upon the land, and act as a zoning control device.

20.2.5. Changes in the planned unit development. The planned unit development project shall be developed only according to the approved and recorded final plat and all supporting data. The recorded final plat and supporting data, together with all recorded amendments, shall be binding on the applicants, their successors, and assigns and shall limit and control the use of premises and location of structures in the planned unit development project, as set forth therein.

20.2.5.1. Insubstantial changes. A final planned unit development plat submitted for approval shall be deemed to conform substantially to the preliminary plat approved, provided that the village board shall find that any modification therein, including any modification in location, design and number of buildings, roadways and utilities, does not:

20.2.5.1.1. Change the concept or intent of the preliminary plat approved;

20.2.5.1.2. Change the gross residential density or intensity of use by more than five percent;

20.2.5.1.3. Change the area set aside for common open space;

20.2.5.1.4. Change by more than ten percent the floor area for nonresidential use; or

20.2.5.1.5. Change by more than five percent the total ground area covered by buildings or structures;

Provided, however, that no change which exceeds the intensity of use permitted in the use district in which the planned development is located shall be considered an insubstantial change.

20.2.5.2. Substantial changes. In the event the final planned unit development plat submitted does not conform substantially to the preliminary plat previously approved, or in the event [the] applicant desires to amend substantially a planned unit development plat previously approved in preliminary or final form, the changes therein or amendments thereto may be approved only by following the procedure of obtaining preliminary approval and subsequent amendment of the final land use and zoning plat as provided in this ordinance. Such changes or amendments approved in the final planned unit development plat shall be recorded, if directed by the village, as amendments to such final plat or by the filing for record of a new "corrected" final plat.

20.2.5.3. [Covenants or agreements not waived.] No changes in the final planned unit development plat approved hereunder shall be considered to waive any of the covenants or agreements limiting the use of land, buildings, structures and improvement within the planned unit development.

20.2.6. Schedule. The president and board of trustees shall consider the planned unit development subject to revocation if construction falls more than two years behind the schedule filed with the final plat. Extensions in the building schedule may be granted by the president and board of trustees.

(Ord. No. 91-18, §§ I, II, 3-19-91)

A planned unit development may be authorized as a special use in any of the use districts of this ordinance, subject to conformance with the standards contained herein.

The planned unit development plans and supporting data shall include at least the following information, in conformance with standards for preparation of plats adopted by the Village of Vernon Hills:

20.4.1. Concept review stage.

20.4.1.1. General site information. Data regarding site conditions, land characteristics, available community facilities and utilities, existing covenants, and other related information.

20.4.1.2. Sketch plan. A drawing in simple sketch form showing the proposed location and extent of the land uses, streets, lots, and other features.

20.4.1.3. Legal description. A property survey and legal description of the site proposed for development.

20.4.2. Preliminary plan stage. At least ten sets of plans and documents of the following shall be furnished:

20.4.2.1. Detailed plan. A drawing of the planned unit development shall be prepared at a scale of not less than one inch equals 100 feet and shall show such designations as proposed streets, 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:

20.4.2.1.1. Boundary lines. Bearing and distance;

20.4.2.1.2. Easements. Location, width, and purpose;

20.4.2.1.3. Streets on and adjacent to the tract. Street name, right-of-way width, existing or proposed centerline elevations, pavement type, fire lanes, walks, curbs, gutters, culverts, etc.;

20.4.2.1.4. Utilities on and adjacent to the tract. Location, size, and invert elevation of sanitary, storm and combined sewers; location and size of water mains; location of gas lines, fire hydrants, electric and telephone lines, cable TV lines, and street lights; direction and distance to and size of nearest water mains and sewers adjacent to the tract, showing invert elevation of sewers;

20.4.2.1.5. Ground elevations on the tract. For land that slopes less than one-half percent, show one-foot contours; show spot elevations at all breaks in grades, along all drainage channels or swales, and at selected points not more than 100 feet apart in all directions; for land that slopes more than one-half percent, show two-foot contours;

20.4.2.1.6. Subsurface conditions on the tract, if required by the planning and zoning commission. Location and results of tests made to ascertain subsurface soils, rock and groundwater conditions; depth to groundwater, unless test pits are dry at a depth of five feet; location and results of soil percolation tests, if individual sewage disposal systems are proposed;

20.4.2.1.7. Other conditions on the tract. Watercourses, floodplains, marshes, rock outcrops, wooded areas, isolated preservable trees one foot or more in diameter, houses, barns, accessory buildings and other significant features;

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

20.4.2.1.9. Zoning on and adjacent to the tract.

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

20.4.2.1.11. Open space. All parcels of land intended to be dedicated for public use or reserved for the use of all property owners, with the purpose indicated;

20.4.2.1.12. [Building data.] General location, purpose, and heights, in feet and stories, of each building other than single-family residences on lots which conform to all requirements of the zoning ordinance and subdivision control ordinance;

20.4.2.1.13. Map data. Name of development, north point, and scale, date of preparation, acreage of site;

20.4.2.1.14. Miscellaneous. Such additional information as may be required by the plan commission.

20.4.2.2. Character. Explanation of the character of the planned development and the manner in which it has been planned to take advantage of the flexibility of these regulations.

20.4.2.3. Ownership. Statement of present and proposed ownership of all land within the project, including present tract designation according to official records in offices of the county recorder.

20.4.2.4. Names. The names and addresses of the persons to whom the notices of the hearing to be held by the planning agency should be sent (the subdivider, the designer of the subdivision, and the owners of the land immediately adjoining the land to be platted).

20.4.2.5. Schedule. Development schedule indicating:

20.4.2.5.1. 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 stage shall be shown on the plan and through supporting graphic material;

20.4.2.5.2. Approximate dates for beginning and completion of each stage;

20.4.2.5.3. If different land use types are to be included within the planned unit development, the schedule must include the mix of uses to be built in each stage.

20.4.2.6. 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.

20.4.2.7. Density. Provide information on the density of residential uses and the number of dwelling units, by type.

20.4.2.8. Nonresidential uses. Provide information on the type and amount of ancillary and nonresidential uses in a residential development.

20.4.2.9. Service facilities. Provide information on all service facilities and off-street parking facilities.

20.4.2.10. Architectural plans. Except for single-family residences located on lots meeting all requirements of the zoning and subdivision control ordinances, preliminary architectural plans for all 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.

20.4.2.11. Facilities plans. Preliminary plans for:

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

20.4.2.11.2. Sanitary sewers;

20.4.2.11.3. Storm drainage;

20.4.2.11.4. Water supply system;

20.4.2.11.5. Lighting program.

20.4.3. Final land use and zoning plat.

20.4.3.1. Final land use and zoning plat. A final land use and zoning plat, suitable for recording with the county recorder of deeds, shall be prepared. The purpose of the land use and zoning plat is to designate with particularity the land subdivided into conventional lots as well as the division of other land not so treated, into common open areas and building areas. The final land use and zoning plat shall include, but not be limited to:

20.4.3.1.1. An accurate legal description of the entire area under immediate development within the planned development;

20.4.3.1.2. A subdivision plat of all subdivided lands, in the same form and containing all the data and information required for a plat under the subdivision control ordinance;

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

20.4.3.1.4. Designation of the exact location of all buildings to be constructed, or lots for single-family dwellings;

20.4.3.1.5. Certificates, seals, and signatures required for the dedication of lands, and recording the document;

20.4.3.1.6. Tabulations on separate unsubdivided use area, including land area, number of buildings, number of dwelling units, and dwelling units per acre.

20.4.3.2. Common open space documents. All common open space shall be either conveyed to a public agency or a not-for-profit corporation or entity established for the purpose of benefiting the owners and residents of the planned development; or retained by the developer with legally binding guarantees, in a form approved by the village attorney, that the common open space will be permanently preserved as open area. All land conveyed to a not-for-profit corporation or like entity shall be subject to the right of said corporation to impose a legally enforceable lien for maintenance and improvement of the common open space. Membership in said corporation shall be mandatory for each landowner and successive buyer having a right of the use, enjoyment or benefit of the open space or its facilities. All such covenants and restrictions governing such common open space shall be recorded in the office of the Recorder of Deeds of Lake County, prior to the sale of any property within the planned unit development.

20.4.3.3. Public facilities. All public facilities and improvements made necessary as a result of the planned unit development shall be either constructed in advance of the approval of the final plat or escrow deposit, letter of credit in a form approved by the village attorney, or performance bonds posted to guarantee construction of the required improvements.

20.4.3.4. Guarantee deposit. A deposit shall be made to the village, in cash, letter of credit in a form approved by the village attorney, or maintenance bond equal to 15 percent of the estimated cost of public facility installations. 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 18 months after completion. After such 18 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 defective facilities. Such deposit may be waived at the discretion of the president and board of trustees, in connection with an annexation agreement.

20.4.3.5. Delinquent taxes. A certificate shall be furnished from proper collector that he finds no delinquent taxes and that all special assessments constituting a lien on the whole or any part of the property of the planned unit development have been paid.

20.4.3.6. Covenants. All final agreements, provisions, or covenants which will govern the use, maintenance and continued protection of the planned unit development shall be subject to the review of the village attorney and shall be recorded as agreements running with the land, in the office of the Lake County Clerk.

The planned unit development must meet the following standards:

20.5.1. Comprehensive plan. A planned unit development must conform with the intent and spirit of the proposals of the village comprehensive plan.

20.5.2. Size. The site of the planned unit development must be under single ownership and/or unified control and be not less than five acres in area.

20.5.3. Compatibility. The uses permitted in a planned unit development must be of a type and so located so as to exercise no undue detrimental influence upon surrounding properties.

20.5.4. Need. A clear showing of need must be made, by means of an economic feasibility, land utilization and marketing study.

20.5.5. Space between buildings. The minimum horizontal distance between buildings shall be not less than six feet, or equal to the height of adjacent freestanding unattached building, whichever is greater.

20.5.6. Yards. The required yards along the periphery of the planned unit development shall be at least equal in width or depth to those of the zoning district in which the development is located, but in no case less than 30 feet.

Buildings of more than 24 feet in height shall provide a yard from any property line, of not less than equal to the height of such buildings, or the minimum yard requirement of the district in which the planned development is located, whichever is greater.

[A landscape buffer of not less than 20 feet is permitted.]

20.5.7. Parking requirements. Adequate parking shall be provided and in no event shall the parking be less than that provided for in Article Nineteen.

20.5.8. Traffic. That adequate provision be made to provide ingress and egress so designed as to minimize traffic congestion in the public streets. Except as expressly provided by the corporate authorities, no private streets shall be permitted in any planned development.

20.5.9. Density. The president and board of trustees, upon recommendation by the planning and zoning commission, may authorize an increase in the permitted density of dwelling units, by an amount not to exceed 15 percent, above that allowed in the district in which the planned development is located, according to the provision of amenities in accordance with the following schedule:

Open space:

Where usable common open space provided equals more than 25 percent of the site area not covered by buildings, parking and streets (private or public) .....8.0  

For excellence in use of existing topography and/or land recontouring .....1.5  

For excellence in siting buildings and building groups which may include variations in building setbacks .....1.5  

For excellence in design for courtyards, gardens and patios .....1.0  

For proper consideration of sun and wind orientation .....0.5  

Landscape planting and screening:

For provision of a landscape buffer strip at least 20 feet wide on all peripheral lot lines abutting a less restricted use .....1.5  

For excellence in quality and quantity of tree and shrub planting, and interior screen planting and fencing, above any required planting .....1.5  

Facilities and amenities:

For area devoted to active recreational facilities, which may include a golf course, occupying at least one square foot for every five [square] feet of residential floor area .....4.0  

For a community center and/or club, including swimming pool and/or tennis courts .....4.0  

For provisions for pedestrian facilities such as plazas, trails, bicycle racks, benches, other than those otherwise required by the subdivision control ordinance .....0.5  

For excellence in design use of sculpture, fountains, reflecting pools and similar features .....0.5  

These individual elements may be applied in any combination up to a maximum increase of 15 percent.

Land within the planned unit development which is used for industrial purposes, or commercial purposes, shall not be included as gross area for calculations of density.

Where the planned development is to be annexed to the village and is not to be located in a district where a permitted density is specified, the permitted density shall be controlled by the ordinance establishing the planned unit development.

20.5.10. [Common open space.] Common open space consisting of land unoccupied by structures, buildings, streets, rights-of-way and automobile parking lots, and designed and intended for the use or enjoyment of residents of a planned development, shall be provided in each planned development. Common open space may contain structures for recreational use. No area within 30 feet of any building or structure, except a structure used for recreational use, shall be includable as common open space.

20.5.11. Other standards. The planned unit development may depart from strict conformance with the required density, dimension, area, bulk, use, and other regulations for the individual use districts and other provisions of this ordinance, to the extent specified in the preliminary land use and zoning plat and documents authorizing the planned unit development, so long as the planned unit development will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare.

(Ord. No. 98-27, § I, 4-21-98; Ord. No. 98-27, § II, 4-21-98)

The planning and zoning commission shall set forth the reasons for recommendation and said recommendation shall set forth with particularity [in] what respects the proposal would or would not be in the public interest including, but not limited to, finds of fact on the following:

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

20.6.2. The extent to which the proposed plan meets the requirements and standards of the planned unit development regulations;

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

20.6.4. The physical design of the proposed plan and the manner in which said design does or does not make adequate provision for public services, provide adequate control over vehicular traffic, provide for and protect designated common open space, and further the amenities of light and air, recreation and visual enjoyment;

20.6.5. The relationship and compatibility, beneficial or adverse, of the proposed plan to the adjacent properties and neighborhood;

20.6.6. The desirability of the proposed plan to physical development, tax base and economic well-being of the entire community;

20.6.7. The conformity with the intent and spirit of the comprehensive plan.