The purpose of the planned development regulations is to encourage and allow more creative and imaginative design for land developments than is possible under district zoning regulations. The 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 urban amenities, more open space, and a higher quality project are the expected results of the planned development process.

The planned development is intended to provide for projects incorporating a single type or a variety of related uses 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 minimum required by law.

Such development may consist of conventionally subdivided lots to be sold, unsubdivided single ownership, 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 purposes of the plan.

The unique and substantially different character of planned developments requires that they be classified as a "special use" specific requirements and conditions which are established in the following provisions. (Ord. 89-04, 4-3-1989)

The following objectives may be obtained through the use of the planned development procedure:

   A.   To permit 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 chapter.

   B.   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.

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

   D.   To encourage a pattern of development to preserve natural vegetation, topographic, and geological features, and environmentally appropriate features.

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

   F.   To create a method for the permanent preservation of common open space for the continued use of the residents of the development and/or the general public.

   G.   To provide for more usable and suitably located recreation facilities, schools, municipal facilities, and other public and private facilities.

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

   I.   To encourage land use patterns which promote the public health, safety, comfort, morals, and general welfare.

   J.   To create a method for the permanent preservation of architectural, archeological, and/or historic landmarks. (Ord. 89-04, 4-3-1989)

   COMMON OPEN SPACE: Open space pertains to the land with a development that is devoid of structures other than recreational facilities and uses accessory thereto and is suitable for active and passive recreational activities. Open space specifically excludes parking lots, street rights of way, front, rear, and side yard setbacks if buildings and lots are subdivided and individually owned, school sites, and retention ponds, unless they are capable of sustaining water based recreation.

   DENSITY TRANSFER SUBDIVISION: A density transfer subdivision is a comprehensively planned single-family residential development in which dwelling units are clustered at one or more locations, but where the overall density does not exceed the maximum density permitted under the regulations for the zoning district in which said subdivision is located. The remaining land "saved" is devoted to common open space.

   A.   Active Open Space: An appropriately sized and usable open space area capable of comfortably supporting one or more active recreational activities, such as playgrounds, ball fields, tennis courts, swimming pools, and other miscellaneous activities.

   B.   Passive Open Space: Open space that is incapable of comfortably supporting active recreational activities due to its size, soil conditions, slope or substantial vegetation. If there are two (2) or more owners, the application for such planned development shall be filed jointly by all owners. If the title is held in a trust the names of all beneficiaries shall be disclosed in a sworn statement.

   MISCELLANEOUS CONDITIONS: To meet the unique circumstances presented by each planned development and to protect the health, safety, and general welfare of the existing village residents and the residents of the proposed development, the village board reserves the right to attach any other conditions it deems necessary, but not specifically provided herein, for all proposed planned developments.

   OPEN SPACE OWNERSHIP: Prior to the final approval of any planned development, the public or private ownership and maintenance responsibilities shall be established by the village. Public ownership shall be either the village or park district. Private ownership shall be a property owners' association duly established by articles of incorporation and bylaws, in accordance with the Illinois condominium property act. The instrument of conveyance shall include restrictive covenants running with the land to guarantee that the open space will be properly cared for and used only for purposes designated in the approved final development plan. In the event that any portion of the property shall be developed under the Illinois statutes relating to condominiums, the condominium covenants, conditions and restrictions shall include a provision whereby the village shall have the right, but not the obligation, to enforce covenants or obligations of the association or the owners of the units as defined and provided within the declaration of condominium, and further shall have the right, upon thirty (30) days' prior written notice specifying the nature of a default, to enter upon common open spaces and cure such default, or cause the same to be cured at the cost and expense of the association or the owner or owners thereof. The village shall also have the right to charge or place a lien upon the property of the condominium association for the repayment of such costs and expenses, including reasonable attorney fees in enforcing such obligations. The declaration shall further provide that this provision may not be amended without the approval of the village. Prior to recording, the finalized declaration of condominium shall be submitted to the village for their approval.

   TOTAL GROUND AREA OCCUPIED BY BUILDINGS OR STRUCTURES: The total ground area occupied by buildings and structures shall not exceed thirty five percent (35%) of the total ground area of the planned development.

   USABLE COMMON OPEN SPACE: At least thirty percent (30%) of the net area of every residential planned development shall be usable common open space. "Usable" shall be defined as follows:

   A.   Parcel Size: Each parcel of common open space used for active recreation shall be at least ten thousand (10,000) square feet with a minimum dimension of fifty feet (50'). For trail purposes, the minimum dimension shall be twenty feet (20').

   B.   Parcel Location: Each parcel must be highly accessible to all the residents it is intended to serve. The parcels must be linked by pedestrianways, bike paths or trails.

   C.   Water Coverage: Not more than thirty three percent (33%) of the land designated as open space may be covered by water on a permanent basis. Open space which is used for water drainage purposes shall not be considered for active use.

   D.   Slope: Not more than twenty percent (20%) of the open space may have a finished grade exceeding ten percent (10%). (Ord. 89-04, 4-3-1989)

   A.   Districts Where Allowed: Density transfer subdivisions may be allowed by special use permit only in the following zoning districts: RE-1, RE-2, R-1, R-2.

   B.   Allowable Uses: Since a density transfer subdivision is simply a special type of single-family, detached home development, the only uses that may be developed therein are single-family detached dwellings, including zero lot line homes, customary accessory uses and associated noncommercial uses as permitted in the R-1 district.

   C.   Permitted Deviations From Requirements: Density transfer subdivisions may deviate from the generally applicable requirements of the zoning ordinance and the subdivision ordinance, but only as indicated in the subsections below. Any other deviation shall require a variation.

      1.   Lot Size And Yards/Setbacks: Density transfer subdivisions may deviate from the district lot area, width, depth, and yard setback requirements in proportion to the amount of common open space incorporated into the development plan and to the extent deemed reasonable under the circumstances by the village.

      2.   Street Width: Density transfer subdivisions may deviate from the standard street width specifications if adequate off street parking for residents and guests is provided to the extent deemed reasonable under the circumstances by the village.

      3.   Block Standards: Density transfer subdivisions may deviate from the block standards outlined in the subdivision ordinance to the extent deemed reasonable by the village.

      4.   Sidewalks: Density transfer subdivisions need not comply with the full sidewalk requirements of the subdivision ordinance if alternate pedestrianways and bicycle paths will be provided. (Ord. 89-04, 4-3-1989)

   A.   Districts Where Allowed: Planned developments may be allowed by special use permit in all zoning districts.

   B.   Allowable Uses: Planned developments are designed to permit a wide variety of land use types, such as, single-family residential, multi-family residential, office, retail commercial, and industrial uses in an appropriate development plan that is in accordance with the comprehensive plan of the village.

   C.   Building Location: No building may be closer to an adjacent building or an exterior lot line than the distance equaling the height of the taller of the two (2) buildings.

   D.   Landscaped Buffer Areas: There shall be a landscaped buffer area of not less than thirty five feet (35') wide whenever a residential land use abuts an office, retail commercial or industrial land use. Said landscaped buffer area may contain a pedestrianway or bicycle path, but must be adequately landscaped as per the landscaping standards of the village or screened if off street parking areas are involved.

   E.   Density Ranges: Density ranges shall be calculated on the gross acreage of the site within the following ranges:

      1.   One to four (4) single-family with a base density of one unit per acre and with the incentives listed in subsection F of this section, shall not exceed four (4) units per acre.

      2.   Four (4) to six (6) single-family with a base density of four (4) units per acre and with using the incentives listed in subsection F of this section, shall not exceed six (6) units per acre.

      3.   Seven (7) to ten (10) multiple-family with a base density of seven (7) units per acre and with using the incentives listed in subsection F of this section, shall not exceed ten (10) units per acre.

      4.   Ten (10) to thirteen (13) multiple-family with a base density of ten (10) units per acre and with using the incentives listed in subsection F of this section, shall not exceed thirteen (13) units per acre.

   F.   Incentives: To encourage excellence in design the following incentives are provided:

 

(Ord. 89-04, 4-3-1989)

The planned development concept is intended to afford both the developer and the municipality considerable flexibility in formulating major development proposals. Thus, PUDs are not strictly bound by the use and density regulations of a particular zoning district to the extent indicated below, provided that a PUD must be consistent with the comprehensive plan. Any other deviation, over and above, those outlined in the planned development section shall require a separate zoning or subdivision ordinance variance.

   A.   Lot Size And Yard/Setbacks: Same as in subsection 10-8-4C1 of this chapter.

   B.   Street Width: Same as in subsection 10-8-4C2 of this chapter.

   C.   Block Standards: Same as in subsection 10-8-4C3 of this chapter.

   D.   Sidewalks: Same as in subsection 10-8-4C4 of this chapter.

   E.   Location Of Parking/Loading Spaces: Required off street parking spaces for residential uses with PUDs need not be situated on individual lots, but may be clustered, provided that no building containing dwelling units is more than two hundred feet (200') from a parking area serving the building. In addition, parking areas serving residential uses shall not be shared with any other land use except for recreational facilities.

   F.   Height: Buildings in a PUD may deviate from the height restrictions outlined in the zoning ordinance by twenty five percent (25%) or ten feet (10'), whichever is less. In addition, buildings with required parking spaces beneath the main building may exceed the height requirement by twenty feet (20'). (Ord. 89-04, 4-3-1989)

An applicant seeking the establishment of a planned development shall prepare and submit for planning and zoning commission review a preliminary development plan containing the following documents and information: (Ord. 89-04, 4-3-1989; amd. Ord. 2014-14, 5-19-2014)

   A.   Site Description: Legal description of the site, its gross acreage and the proposed name for the development.

   B.   Names And Addresses Of Owners: Names and addresses of all owners of property within the proposed planned development.

   C.   Planning Objectives: Narrative statement of the planning objectives met by the proposed planned development including a description of its character, the rationale behind the concept, and how it fits in with the comprehensive land use plan of the village.

   D.   Development Schedule: Development schedule indicating the approximate date when construction of the planned development or its various stages can be expected to begin and be completed.

   E.   Traffic Facilities: General analysis of the impact of the development on traffic facilities.

   F.   Municipal Utilities: General analysis of the impact of the development on municipal utilities.

   G.   Data Sheet: Data sheet containing the following:

      1.   Net acreage devoted to each proposed land use type including parks, open space, and streets.

      2.   Total number and types of proposed dwelling units including square footage and bedroom mix.

      3.   Estimated selling price of dwelling units, if applicable, and pertinent market data as to the economical need for each proposed land use type.

      4.   Estimated population by housing type broken into elementary school, middle school, high school and adult groupings.

   H.   Graphic Materials: Graphic materials containing the following data on existing conditions (on and within 200 feet of the tract). Maps shall be at a scale of one inch equals one hundred feet (1" = 100') unless the village determines that this scale is unworkable for the proposed planned development:

      1.   Topographic data, including contours at vertical intervals of not more than two feet (2') with reference to USGS datum, except in unusual topographic conditions when such vertical intervals may be required to be altered as determined by the village.

      2.   Soil types, as outlined by a soil scientist.

      3.   Other natural features such as source of water supply, water courses (with highest flood levels indicated), marshes, ponds, springs, rock outcrop, wooded areas, isolated preservable trees six inches (6") or more in caliper at one foot (1') above ground level, and other features.

      4.   Existing improvements, including the location, widths and names of all existing or previously platted streets or other rights of way showing type of improvement (if any), railroad and utility rights of way, parks and other public open spaces, buildings and structures, historic sites and landmarks.

      5.   Existing improvements, including the location, capacity, and size of domestic water supply, water mains, sewer lines, culverts, drainage or farm tile, towers, poles, and other underground and aboveground facilities, also indicating such data as locations and surface and invert grade elevations of catch basins, manholes and fire hydrants. If water mains and sewers are not on or adjacent to the tract, indicate the direction and distance to, and the size of nearest usable facilities. (If requested, additional drawings, maps or photographs shall be submitted in order to accurately locate existing features.)

      6.   Easements, including location width and purpose.

      7.   Political boundaries, including corporate limits, school, park and fire protection district boundaries and national and local historic district boundaries.

   I.   Design Features: Proposed planned development design features:

      1.   Proposed zoning.

      2.   Layout of streets, including right of way widths, street names (not duplicating or similar to the name of any street heretofore used in Dundee Township unless such street is an extension or in line with an already named street in which event the name shall be used), and proposed through streets extended to the boundaries of the subdivision and approximate grades and gradients.

      3.   Other rights of way, including location and width of alleys, pedestrianways, bike paths, drainageways and utility and other easements.

      4.   Lots, including layout, number, dimension and area (in square feet), for each lot in the subdivision.

      5.   Setback lines, including front and side street building setback lines and dimensions if applicable.

      6.   Location of utilities, including proposed method of sewage and waste disposal and location of sewer lines, water mains, stormwater drains and surface drainage for each lot or building area, and method of stormwater detention and retention. (Ord. 89-04, 4-3-1989)

      7.   When required by the planning and zoning commission, the applicant shall submit detailed grading plans of blocks and lots. No land will be approved for subdivision which is subject to periodic flooding or which contains inadequate drainage facilities or other topographic and soil conditions which may increase danger to health or property, or aggravate erosion or flood hazard unless the subdivider agrees to make improvements which will make such land safe for development and occupancy. (Ord. 89-04, 4-3-1989; amd. Ord. 2014-14, 5-19-2014)

      8.   Sites intended to be dedicated or reserved for public use or set aside for use of property owners in the subdivision including the conditions, if any, of such dedication or reservation.

   J.   Miscellaneous Information: Miscellaneous information required as follows:

      1.   Draft of proposed annexation agreement, if applicable.

      2.   Architectural elevations for all residential planned developments except the single-family detached portions thereof.

      3.   General landscape plan indicating the treatment of common open spaces and the location of required buffer areas.

      4.   A list of requested variations from the standard zoning regulations for each land use type.

      5.   Any additional information required by the village to evaluate the character and impact of the proposed planned development. (Ord. 89-04, 4-3-1989)

   K.   Meeting Date And Filing Fee: Upon receipt of all the required data and the payment of a planned development filing fee of two hundred dollars ($200.00), the application shall be considered filed and a meeting of the planning and zoning commission be scheduled not less than ten (10) nor more than thirty (30) days after the completed data submission. (Ord. 89-04, 4-3-1989; amd. Ord. 2014-14, 5-19-2014)

   A.   Hearing, Findings And Recommendation Of Planning And Zoning Commission: The planning and zoning commission shall, within sixty (60) days after a preliminary development plan is filed with it, hold a public hearing on the preliminary development plan. Such public hearing shall consider all aspects of the preliminary development plan including all proposed stages and/or units of development. Within thirty (30) days after the last public hearing on such plan, the planning and zoning commission shall prepare and transmit to the village board and to the applicant specific findings of fact with respect to the extent to which the preliminary development plan complies with the standards set out in this chapter, together with its recommendations to the village board with respect to the action to be taken on the preliminary development plan. The planning and zoning commission may recommend approval, disapproval or approval with amendments, conditions or restrictions. Copies of their findings and recommendations shall be made available to any other interested persons.

   B.   Action By The Board: The village board shall approve, approve with conditions, or disapprove the preliminary development plan within sixty (60) days after it receives the findings and recommendations of the planning and zoning commission unless extended by mutual consent of the village board and applicant. Approval of the preliminary development plan does not constitute acceptance of the planned development. Approval of the preliminary development plan shall remain in effect for a period of twelve (12) months, after which it will become null and void unless a final development plan has been approved. The village board may extend the time period, but said twelve (12) month period shall not exceed five (5) years. (Ord. 89-04, 4-3-1989; amd. Ord. 2014-14, 5-19-2014)

   A.   Filing Of Final Development Plan: An application for approval of a final development plan may be filed for all the land included in a planned development or for a state or unit thereof. Such application shall be filed by the developer with the planning and zoning commission within the time specified in subsection 10-8-7-2A of this chapter and shall be in substantial compliance with the preliminary development plan as approved. The application shall include: (Ord. 89-04, 4-3-1989; amd. Ord. 2014-14, 5-19-2014)

      1.   Detailed engineering plans and specifications for land grading, site preparation, streets, utilities, drainage, and any other requirements of the village's subdivision regulations on an acceptable reproducible material.

      2.   Final development plan information on acceptable reproducible material:

         a.   Date of preparation of the final development plan and by whom prepared.

         b.   Seal and certification of land surveyor.

         c.   Scale shall be one inch equals one hundred feet (1" = 100') or the same scale used on the preliminary development plan.

         d.   North point.

         e.   Legal description.

         f.   Layout of streets, showing right of way widths, street names and the length of all streets as measured at the centerline, and the location and widths of all cross walkways. The location, right of way widths and names of all streets adjoining the plat shall also be shown.

         g.   All easements established for public use and utility rights of way, with approval of the utility companies marked on the plat.

         h.   All block and lot numbers and lines, with accurate dimensions given in hundredths of feet.

         i.   Proposed building setback lines on all lots and other sites.

         j.   Accurate outlines and legal descriptions of all areas dedicated or reserved for public use, with the deed to be transferred included; and all areas to be reserved by deed covenant for the common use of all property owners, together with the proposed uses indicated thereon.

         k.   Water elevations of all lakes and streams, within or adjoining the tract, at the date of survey and the approximate high and low water elevations of such lakes or streams. All elevations shall be referred approximately to USGS datum. If the subdivision borders on a lake or stream, the distances and bearing of a meander line established not less than twenty feet (20') back from the average high water mark of the lake or stream, as determined from flood hazard maps or other data, with said distances noted.

         l.   Accurate angular and linear dimensions for all lines, angles, radii, and arcs used to describe all boundaries including perimeter survey of tract, streets, alleys, easements, areas to be reserved or dedicated for public use, and other important features. Error of closure of boundary line surveys shall not exceed one in ten thousand (1 foot for each 10,000 feet of perimeter survey). Angular error shall not exceed plus or minus twenty (±20) seconds.

         m.   True angles and distances to the nearest established street lines and official monuments (not less than 3), which shall be accurately described in the plat by location, size and elevation, to which all dimensions, angles, bearings and similar data on the plat shall be referred.

         n.   Municipal, township, county and section lines accurately tied to the lines of the subdivision by distances and angles.

         o.   Certificates and signature blocks as required by statute.

         p.   Additional required documents:

            (1)   Proof that the developer has acquired legal title to all land within the planned development or is the contract purchaser of the property.

            (2)   Articles of incorporation and bylaws for any property owners' association to be established.

            (3)   Restrictive covenants and other legal instruments deemed necessary to guarantee the proper upkeep and use of the common open space and recreational facilities therein.

            (4)   Restrictive covenants whereby the owner proposes to regulate and maintain land uses in general and otherwise protect the proposed development. (Ord. 89-04, 4-3-1989)

   A.   Planning And Zoning Commission: A development plan submitted for final approval shall be deemed to be in substantial compliance with the preliminary plan, as approved, provided any modification by the developer of the preliminary plan, as approved, does not involve a reduction of the area set aside for common open space, increase by more than five percent (5%) the floor area proposed for nonresidential use; nor increase by more than five percent (5%) the total ground area covered by buildings. A public hearing shall not be held to consider modifications in the location and design of streets or facilities for water and for disposal of stormwater, stormwater detention and retention facilities, and sanitary sewerage unless so required by the planning and zoning commission.

Although a public hearing shall not be held on an application for approval of a final development plan when said plan, as submitted for final approval, is in substantial compliance with the preliminary plan, as approved, the burden shall nevertheless be upon the developer to show the planning and zoning commission good cause for any variation between the preliminary plan, as approved, and the final plan as submitted. In the event a public hearing is not required for final approval, and the application for final approval has been filed, together with all drawings, specifications and other documents required in support thereof the planning and zoning commission shall, within thirty (30) days of such filing, grant such plan final approval; provided, however, that, in the event the final plan as submitted contains variations from the preliminary plan, as approved, but remains in substantial compliance with the preliminary plan, as approved, the planning and zoning commission may, after a meeting with the developer, refuse to approve the final plan and shall, within thirty (30) days from the filing of the application for final approval, so advise the developer in writing of such refusal, setting out the reasons why one or more of said variations are not in the public interest. In the event of such refusal, the developer may refile his application for final approval without the variations objected to by the planning and zoning commission at any time within which he shall be entitled to apply for final approval shall have expired at the time when the planning and zoning commission advised the developer that the variations were not in the public interest, then the developer shall have sixty (60) additional days within which to refile his application for final approval without the said variation. If the developer shall fail to refile within said period, he shall be deemed to have refused to accept such requirements and final approval shall be deemed to have been denied.

In the event the final development plan, as submitted for approval, is not in substantial compliance with the preliminary plan, as approved, the planning and zoning commission shall, within thirty (30) days of the date the application for approval of the final plat is filed, so notify the developer in writing, setting out the particular ways in which the final plan is not in substantial compliance with the preliminary plan, as approved. The developer may make such changes in the final plan as are necessary to bring it into compliance with the preliminary plan, or he may file a written request with the planning and zoning commission that it hold a public hearing on his application for final approval. The developer may take either such alternate action at any time within which he would be entitled to apply for final approval, or within sixty (60) additional days if the time for applying for final approval shall have expired at the time when the planning and zoning commission advised the developer that the final plan was not in substantial compliance. In the event the developer shall fail to take either of these alternate actions within said time, he shall be deemed to have abandoned the plan. Such public hearing shall be held, notice thereof shall be given, and the hearing shall be conducted.

   B.   Village Board: The village board shall approve, approve with conditions or disapprove the proposed final development plan within sixty (60) days after receiving findings and recommendations from the planning and zoning commission. Approval of the final development plan shall not constitute a waiver of the requirement to obtain building permits, utility tap on permits, occupancy permits, and shall not constitute acceptance of the required improvements by the village. (Ord. 89-04, 4-3-1989; amd. Ord. 2014-14, 5-19-2014)

If a substantial amount of construction has not begun prior to the first anniversary of the final development plan approval, the final development plan shall lapse upon written notice to the applicant from the village board, and shall be of no further effect. However, in its discretion and for good cause, the village board may extend for a reasonable time the period for beginning construction. If a final development plan for a planned development lapses as per this section: (Ord. 89-04, 4-3-1989)

   A.   After a public hearing before the planning and zoning commission, the village board may revoke the special use permit. (Ord. 89-04, 4-3-1989; amd. Ord. 2014-14, 5-19-2014)

   B.   If the special use permit is revoked then any building permit shall automatically become null and void.

   C.   Without a special use permit, any variations granted to the planned development in the final development plan shall automatically become null and void. The lots and buildings shall be made to conform to the regulations applicable in the underlying zoning districts. (Ord. 89-04, 4-3-1989)

A preliminary or final development plan may be amended by the village board, but only after a public hearing has been held and the findings of fact and recommendations have been prepared by the planning and zoning commission and transmitted to the village board pursuant to the provisions of this chapter. (Ord. 89-04, 4-3-1989; amd. Ord. 2014-14, 5-19-2014)