A.   Purpose: The purpose of the planned development regulations is to encourage and allow more creative and imaginative design for land developments than is possible under the more conventional zoning regulations. A planned development also provides for more efficient use of the land and thus results in more economical land development. Preservation of natural site qualities, better amenities, more open space and a higher quality project are the normal results of the planned development process.

   B.   Objectives: The following objectives may be obtained through the use of the planned development procedures:

      1.   To permit a 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 Title.

      2.   To promote a creative approach to the use of land and related physical facilities that results in better design and development, with the inclusion of aesthetic amenities.

      3.   To combine and coordinate architectural styles, building forms and building relationships with a possible preservation of existing uses and mixing of different uses in an innovative design.

      4.   To encourage a pattern of development to preserve natural vegetation, topographical and geological and geographical features and environmentally appropriate features.

      5.   To provide for the prevention and/or control of soil erosion, surface flooding and the preservation of subsurface water.

      6.   To create a method for the permanent preservation of common open space for the continued use and enjoyment of the residents of the community and the development.

      7.   To promote the more efficient use of the land resulting in more economic networks of streets and other facilities.

      8.   To encourage a land use which promotes the public health, safety, comfort, morals and welfare. (Ord. 89-13, 5-16-1989)

      9.   To promote the preservation, conservation and enhancement of the historic and rural atmosphere of the Village. (Ord. 93-14, 7-20-1993)

   C.   Variety Of Uses: The planned development is intended to provide for projects incorporating a single type of residential use or a variety of residential and other related uses as specified in subsection 10-11-8C of this Chapter, which are planned and developed as a unit. The planned development should provide amenities not otherwise required by law and often establishes facilities and open space greater than the minimums required by law. (Ord. 89-13, 5-16-1989)

The corporate authorities shall have authority to permit a planned development as a special use in each of the zoning districts of this Title, in accordance with the procedures and standards of this Chapter, which planned development may depart from the normal procedures, standards and other requirements of the other sections of this Title. In the event that a conflict arises between a provision of this Chapter and another provision of this Title, or a provision of any other ordinance, the provisions of this Chapter shall prevail. However, applicants shall comply with all laws of the State of Illinois and ordinances of the Village, except to the extent that an ordinance of the Village has been varied or waived pursuant to the provisions of this Chapter. (Ord. 89-13, 5-16-1989; amd. Ord. 93-14, 7-20-1993)

   A.   Ownership Possibilities: Such development may consist of conventionally subdivided lots to be sold, unsubdivided single ownership or separate condominium ownership of structures, or other ownership methods, and shall provide for development by means of a planned development plat which establishes the location and extent of the features of the planned development in keeping with the purpose of the plan.

   B.   Other Zoning Standards: The planned development may depart from strict conformance with the required density, dimension, area, height, bulk, use and other regulations for the standard zoning districts, and other provisions of this Zoning Ordinance (but not the standards for planned developments specified in Section 10-11-8 of this Chapter) to the extent specified in the preliminary plat and planned development ordinance authorizing the planned development and any amendments thereto. Except as modified in said ordinance or preliminary plat, each planned development shall comply with all applicable provisions of the this Title.

   C.   Subdivision Standards: The provisions of the Village subdivision regulations shall be adhered to unless a waiver or variance is granted by the corporate authorities. Such a waiver or variance may be granted as part of the approved preliminary plat and planned development ordinance. (Ord. 89-13, 5-16-1989)

The unique and substantially different character of planned developments require their administrative processing in the same manner as special uses; except, however, since planned developments are more complex and of a different character than other special uses, there is established herein specific and additional procedures, standards and exceptions as to govern the recommendations of the Plan Commission and the action of the corporate authorities. (Ord. 89-13, 5-16-1989)

   A.   Pre-Application Procedure: Prior to the filing of an application for approval of a planned development, the developer may request of the corporate authorities an informal meeting to discuss the development of their land in conjunction with Village Plan. Said meeting shall be a part of a regularly scheduled meeting, shall be open to the public, and included on their agenda in advance of the meeting. The pre-application conference is not mandatory and does not require formal application, fee or filing of a planned development plat. (Ord. 89-13, 5-16-1989)

   B.   Application: Every application for a planned development shall be verified by the owner or authorized agent of the owner of the property involved, filed with the Village Clerk upon a form prescribed therefor, all in the manner prescribed for special use applications in this Title, except to the extent different procedures are set forth in this Chapter. (Ord. 93-14, 7-20-1993)

   C.   Preliminary Plat: Every such application shall be accompanied by twelve (12) copies of the preliminary plat of the planned development and a fee which shall be established by the corporate authorities. Such preliminary plat shall be drawn to scale, and with supporting documents shall set forth the following information:

      1.   The size, height, type and general location of buildings proposed for the development;

      2.   The means of ingress and egress;

      3.   The proposed circulation pattern within the area of the planned development;

      4.   The location and description of public and private improvements proposed to be installed;

      5.   Parking and service area design;

      6.   The proposed recreation facilities and the parcels of land intended to be dedicated for public use or reserved for the use of all property owners within the development;

      7.   The gross and net density of residential uses;

      8.   A proposed schedule of stages of development;

      9.   Preliminary architectural plans and drawings for all primary buildings in sufficient detail to permit an understanding of the style and character of the development;

      10.   All other items required by Title 11, Chapter 4 of this Code pertaining to a preliminary plan.

   D.   Conceptual Plan: Alternatively, all or a portion of the preliminary plat may be submitted in conceptual form and the Plan Commission may, at its option of conduct hearings on such conceptual plan, reserving the right prior to voting to approve or disapprove such conceptual plan to require the developer to submit all or a portion of documentation required under subsection C above.

The developer must prepare detailed plans for any such conceptual portion of an approved planned development for submission as a separate preliminary plat in conformance with the requirements of the planned development regulations of this Title. This procedure allows for approval of an overall concept without the necessity of prejudging long-range markets and preparing precise plans for unknown quantities and allows the developer to complete long-range commitments knowing he has a viable and acceptable project. The approval of the conceptual portion of the planned development by the corporate authorities shall constitute a zoning acceptance of the specific content of the conceptual plan and shall indicate the general acceptance of the corporate authorities to approve a "preliminary plat" that carries out, defines and implements the concepts expressed in the conceptual plan. (Ord. 89-13, 5-16-1989)

   E.   Additional Materials, Restrictions And Conditions: The corporate authorities shall have the power to waive any of the requirements specified in the preceding subsections C or D or to require the submission of additional feasibility reports or impact studies or other additional documents as they may deem necessary and the corporate authorities may impose such additional restrictions or conditions particularly applicable to such development, and may grant or authorize the planned development as a special use subject to such additional restrictions or conditions. The corporate authorities may further require, by appropriate covenants or other restrictions running with the land, the provision of open space within the area of the planned development which shall never be used for the construction of any building or structure and may otherwise require adequate arrangements to be made for the care and maintenance of such open space. (Ord. 89-13, 5-16-1989; amd. Ord. 93-14, 7-20-1993)

   F.   Approval Of Preliminary Plat And Ordinances:

      1.   If the corporate authorities shall approve the requested planned development, it shall adopt an ordinance granting the planned development as a special use and specifying the special conditions and restrictions imposed upon the planned development and shall include within said ordinance or by reference the preliminary plat and supporting documents, if any, approved as part of the planned development. The planned development ordinance shall further contain a legal description of the property subject to such planned development, and said ordinance, without exhibits or supporting documents, shall be recorded in the office of the Recorder of Deeds of the county in which the property is located.

      2.   Approval of a preliminary planned development plat shall not constitute approval of the final plat. Rather, it shall be deemed an expression of approval to the layout submitted on the preliminary plat, which will be submitted for approval of the corporate authorities and subsequent recording upon the fulfillment of the requirements of those regulations and conditions of the preliminary approval, if any. The final plat shall be approved if it conforms substantially with the preliminary plat.

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

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

   G.   Approval Of Final Plat: The final planned development plat shall conform substantially to the preliminary plat 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:

      1.   A final planned development plat and other supporting data required for approval shall be submitted to the corporate authorities.

      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 additional information as the corporate authorities may require. Where a final plat of subdivision is submitted, the corporate authorities may waive or defer until building permits are requested the required submission of the detailed design and specific lot location of single-family residences.

      3.   The corporate authorities, after receipt of the final plat and required supporting data, and a report from the Plan Commission, shall approve or disapprove the final plat, and, if approved, shall pass an ordinance allowing the issuance of all necessary permits to permit construction.

      4.   The ordinance authorizing construction of the planned development shall be effective only upon recording of the final planned development plat with the County Recorder of Deeds of the county in which the property is located. No permit allowing construction of a building or other development shall be granted until the required recording of the final plat, except for grading, models, public improvements or recreational facilities which may be permitted by the corporate authorities under such conditions as they may impose.

      5.   The final plat shall conform to all other requirements of the Village's subdivision regulations pertaining to a final plat. (Ord. 89-13, 5-16-1989)

Development within the project area shall proceed only according to the approved and recorded planned development ordinance and final plat, and any amendments thereto. The recorded ordinance and final plat and supporting date, together with all recorded amendments, shall be binding upon the applicants, their successors, grantees and assigns, and shall limit and control the use of the premises and locations of structures in the planned development project as set forth therein. Changes to the recorded planned development may be made as follows:

   A.   Major Changes: Changes which alter the concept or intent of the planned development, including, but not limited to, increases in density, reductions of proposed open space, changes in road standards or in increase or decrease in the property covered by the planned development project may be approved by the corporate authorities only by the submission of a new application and public hearing in accordance with the preliminary plat procedure specified for planned development. All major changes to the planned development shall be recorded with the County Recorder of Deeds as amendments to the planned development ordinance or reflected in the recording of a new, corrected final plat.

   B.   Minor Changes: The corporate authorities may, by ordinance, approve minor changes in the planned development which do not change the concept or intent of the development without following the plat procedure and without a public hearing. Minor changes shall be any change not defined as a major change. (Ord. 89-13, 5-16-1989)

The costs incurred by the Village for the review of plans and specifications by an engineer, attorney or planner employed by the Village shall be paid by the applicant or owner to the Village promptly upon demand. The Village may require the applicant or owner to escrow the funds to pay such estimated costs or to enter into a contract guaranteeing such payment. (Ord. 89-13, 5-16-1989)

All planned developments must meet the following standards:

   A.   Classification: Planned developments served by private wells and/or private sewage disposal facilities shall be classified as Class I planned developments. Planned developments served by governmentally owned and operated water and sanitary sever facilities shall be classified as Class II planned developments. (Ord. 93-14, 7-20-1993)

   B.   Ownership And Size: The site of the planned development must be under single ownership or unified control at the time of granting a special use permit therefor and be not less than one hundred (100) acres for a Class I planned development and not less than two hundred (200) acres for a Class II planned development.

   C.   Compatibility: The uses permitted in a planned development must be of a type so located as to exercise no undue detrimental influence upon surrounding properties, and shall be compatible each with the other within said site.

Subject to this restriction, the uses permitted in a Class I planned development may include any one or more of the following uses: single-family detached homes, cluster homes (where not more than 2 dwelling units may be part of a single structure), professional or government offices, but such uses shall not exceed five percent (5%) of the gross land area of the planned development, private horse stables, private riding clubs and other private recreational clubs or facilities for the use of members, including restaurant facilities and a private bar, operated for profit or not, and any other related uses permitted or authorized under any of the residence districts of this Title. (Ord. 89-13, 5-16-1989; amd. Ord. 93-14, 7-20-1993)

The uses permitted in a Class II planned development may include any one or more of the following uses: single-family detached homes; cluster homes (where not more than 2 dwelling units may be part of a single structure); professional or government offices, and/or a local shopping center district in accordance with the B Business zoning classification of the Village (and any additional conditions or restrictions required by the Village), but such business, office or commercial uses shall not exceed two and one-half percent (21/2%) of the gross land area of the planned development, or eight and one-half (81/2) acres, whichever shall be less; private horse stables; private riding clubs and other private recreational clubs or facilities for the use of members, including restaurant facilities and a private bar, operated for profit or not, and any other related use permitted or authorized under any of the residence districts of this Title. (Ord. 93-14, 7-20-1993)

   D.   Height: No building shall exceed two and one-half (21/2) stories, or thirty six feet (36'), whichever is lower. (See "building height" definition in Section 9-2-2 of this Title.)

   E.   Traffic: Adequate provision shall be made to provide ingress and egress and shall be so designed as to minimize traffic congestion.

   F.   Space Between Buildings: No minimum horizontal distance between buildings is established; provided, however, that sufficient space between buildings to provide for adequate fire protection must be maintained. (Ord. 89-13, 5-16-1989)

   G.   Periphery Area: The required lot width or the required yard along the periphery of the planned development shall be at least equal either to the lot width or the yard at least equal in width or depth to that of the adjacent zoning district within the Village, except that the corporate authorities may waive or alter the periphery area requirements for Class II planned developments based upon the actual design and layout of the planned development and the amenities to be constructed, maintained or dedicated as part of the planned development.

   H.   Density: The gross density of a Class I planned development shall not exceed fifty five one-hundredths (0.55) units per gross acre of land. The gross density of a Class II planned development shall not exceed one residential unit per gross acre of land, plus or minus two percent (±2%) excluding any portion thereof devoted to business, commercial or office uses. The net density of any cluster area in any Class I planned development shall not exceed one unit per acre, including accompanying open space. The net density of any cluster area in any Class II planned development shall not exceed two and one-fourth (2.25) units per acre, including accompanying open space. No single-family lot in any Class I planned development shall be less than one acre in area. No single-family lot in any Class II planned development shall be less than nineteen thousand two hundred (19,200) square feet in area, excluding any private roads.

   I.   Open Space And Recreational Areas: A minimum of fifteen percent (15%) of the gross area of a Class I planned development shall be utilized for public or private common open space or private or public outdoor recreation, whether operated for profit or not, including but not limited to the outdoor recreation facilities specified in Section 10-7A-2 of this Title. A minimum of fifteen percent (15%) of the gross area of a Class II planned development shall be used for public or private common open space, or private or public outdoor recreation, whether operated for profit or not, including but not limited to the outdoor recreation facilities specified in Section 10-7A-2 of this Title. In addition, in any cluster area of any planned development, a minimum of fifty percent (50%) of the land area devoted to such cluster use shall consist of common open space which shall never be used for the construction of any buildings or structures. The term "common open space" as used in the planned development regulations shall mean land unoccupied by structures or buildings, except those pertaining to recreational use, or those designed and intended for the common use or enjoyment of residents of the planned development. Land dedicated or conveyed to the Village or other unit of local government in satisfaction of any requirement to contribute land for park purposes shall not be deemed "common open space" for purposes of meeting the fifteen percent (15%) open space requirement of this Section. (Ord. 89-13, 5-16-1989; amd. Ord. 93-14, 7-20-1993)

   J.   Parking Requirements: Adequate parking shall be provided, and in no event shall the parking be less than that provided for in other sections of this Title. (Ord. 89-13, 5-16-1989)

   K.   Anti-Monotony Standards: A land owner may not construct a single-family residence of substantially identical design to that of an existing building (or proposed building for which a permit application has been submitted) within one thousand feet (1,000') of said building. If the sole reason a building permit is not granted by the Building Officer/Zoning Enforcement Officer is due to alleged noncompliance with this provision, the Building Officer/Zoning Enforcement Officer shall forward the application, together with all documents generated in conjunction with the application, within seven (7) days after the application is otherwise in compliance with applicable codes and regulations, to the Village Clerk for review by the Village Board. The Village Clerk shall notify the applicant of his receipt of the application within seven (7) days by certified mail. The applicant shall have the right to submit additional information to the Village Board in support of the application prior to Board consideration of the application. The Village Board shall review the application, documents and additional information submitted by the applicant and shall issue a final determination not later than thirty (30) days after the application is received by the Village Clerk. For the purposes of this regulation, "substantially identical design" shall include item 1 and one or more of items 2 through 4 of the following factors:

      1.   Substantially identical facade or elevation or the reverse thereof;

      2.   Substantially identical size and arrangement of either doors, windows or other openings or breaks in the facade facing the street, including a reverse arrangement thereof;

      3.   Substantially identical building footprint or the reverse thereof;

      4.   Other major design features including, but not limited to, roof line, height of building, construction materials or period or style of architectural design.

The Village Board may waive the requirements of this subsection for cluster-type housing or other similar housing construction where identity or similarity of design or construction materials will enhance or promote the historic or rural character of the Village. (Ord. 93-14, 7-20-1993)

   L.   Water And Sanitary Sewer Facilities: All Class II planned developments shall be served by water and sanitary sewer facilities owned and operated by the Village or by another unit of local government pursuant to an appropriate intergovernmental agreement between the Village and such unit of local government and, as appropriate, the owner and developer of the planned development. Approval of a special use permit for a Class II planned development shall be subject to such agreement for the provision of public water and sewer service. No permits or site work for a Class II planned development may commence until an agreement for water and sewer service satisfactory to the Village has been executed and approved by the corporate authorities. (Ord. 93-14, 7-20-1993; amd. 1998 Code)

   M.   Building Sizes And Standards: All dwelling units shall have the minimum ground floor area and minimum total floor area specified for the W4 Single-Family District. All dwelling units shall have an attached private garage with a minimum of two (2) stalls and a maximum of four (4) stalls. (Ord. 93-14, 7-20-1993)

   N.   General Design: The planned development shall not be so designed as to be detrimental to or endanger the public health, safety, morals, comfort or general welfare. (Ord. 89-13, 5-16-1989)

Prior to the granting of any planned development, the Plan Commission may recommend, and the corporate authorities may stipulate such conditions upon the establishment, location, design, layout, height, density, construction, maintenance, aesthetics, operation and other elements of the planned development as deemed necessary for the protection of the public interest, improvement of the development, protection of the adjacent area and to secure compliance with the standards specified in Section 10-11-8 of this Chapter. In all cases in which the planned developments are granted, the corporate authorities shall require such evidence and guarantees as it may deem necessary as proof that the applicant is complying and will comply with the conditions stipulated in connection therewith. (Ord. 89-13, 5-16-1989)