Planned unit developments may be permitted as special uses in any of the zoning districts created under this title.

(Ord. 81-985 § 1(part), 1981)

The primary purpose of planned unit development regulations is to encourage and allow more creative and imaginative design for land developments than is possible under conventional zoning district regulations. This flexibility in the design of land developments should reflect features which are not normally addressed by conventional zoning district regulations such as preservation of natural site qualities, better development amenities, more open space, and higher quality projects, among others. To assure that these benefits and requested design flexibility are consistent with the intent of the planned unit development provisions, substantial review and analysis by the village of related planning information is an integral part of the planned unit development process.

(Ord. 81-985 § 1(2), 1981)

(a)

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

(1)

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;

(2)

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

(3)

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;

(4)

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

(5)

To provide for abundant, accessible, and properly located public open and recreation space, private open and recreation space, schools, and other public and private facilities;

(6)

To promote the efficient use of land resulting in networks of utilities, streets, and other infrastructure features that maximize the allocation of fiscal and natural resources;

(7)

To allow unique and unusual land uses to be planned for and located in a manner that ensures harmony with the surrounding community;

(8)

To create a method for the permanent preservation of historic buildings and/or landmarks;

(9)

To encourage a land use pattern which promotes the public health, safety, comfort, morals, and welfare.

(b)

The planned unit development is intended to provide for projects incorporating a single type or a variety or related uses which are planned and developed as a unit. The planned unit development should provide amenities not otherwise regulated by law and often establishes facilities and open space greater than the minimum required by law.

(c)

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 unit development plat which establishes the location and extent of the features of the planned unit development in keeping with the purpose of the plan.

(d)

The unique and substantially different character of planned unit developments requires their administrative processing as a "special use" in this chapter. Planned unit developments are more complex and of a different character than other special uses, requiring the establishment herein of specific and additional procedures, standards, and exceptions to govern the recommendations of the plan and zoning commission and the action of the village board of trustees.

(Ord. No. 2017-2260, § 21, 12-12-2017; Ord. 81-985 § 1(2), 1981)

The following words and terms shall have the meaning set forth, except where otherwise specifically indicated. Words and terms not defined shall have the meaning indicated by common dictionary definitions.

(Ord. 81-985 § 1(8) (part), 1981)

"Common open space" is land or water 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 unit development. Common open space may contain walks, patios, and structures for recreational use. Area used for individual open space, such as private court-yards, and not available to all residents of the planned unit development shall not be included as common open space.

(Ord. 81-985 § 1(8) (part), 1981)

"Gross density" is the numerical value obtained by dividing the total number of dwelling units in a development by the grass area of the tract of land in (acres) within a development. This would include all nonresidential land uses and private streets of the development as well as rights-of-way of dedicated streets; the result being the number of dwelling units per gross acre of land.

(Ord. 81-985 § l(8) (part), 1981)

"Net density" is the numerical value obtained by dividing the total number of dwelling units in a development by the area of the actual tract of land (in acres) upon which the dwelling units are proposed to be located and including private streets, common open space, and associated recreational facilities within the area; the result being the number of dwelling units per net residential acre of land. Net density calculations exclude rights-of-way of publicly dedicated streets.

(Ord. 81-985 § 1(8) (part), 1981)

"Detention" is the temporary on-site restraining of stormwater.

(Ord. 81-985 § 1(8) (part), 1981)

A "dwelling unit" consists of one or more rooms which are arranged, designed, or used as living quarters for one family only. Individual bathrooms and complete kitchen facilities, permanently installed, shall be included in each dwelling unit.

(Ord. 81-985 § 1 (8) (part), 1981)

Reshaping natural land contours, using natural land materials such as soil, gravel, sand, black dirt, etc., for the purpose of eliminating erosion or sedimentation problems, creating or improving surface drainage, providing for the natural aesthetic contouring of property, or to accommodate a building plan by making minor changes in land elevation.

(Ord. 81-985 § 1(8) (part), 1981)

A "planned unit development" is a tract of land which is developed as a unit under single ownership or unified control, which includes one or more principal buildings or uses, and is processed under the planned unit development provisions of this chapter. Also, a parcel of land planned as a single unit rather than as an aggregate of individual lots, with design flexibility from traditional siting regulations (such as side yards, setbacks, and height limitations) or land use restrictions (such as prohibitions against mixing land uses with a development).The greater flexibility in locating buildings and in combining various land uses often makes it possible to achieve certain economics in construction, as well as the preservation of open space and the inclusion of many amenities.

(Ord. 81-985 § 1(8) (part), 1981)

A "planned unit development plat" is a drawing or map made to measurable scale upon which is presented a description and definition of the way in which the design requirements of the planned unit development are to be met and intended for recording with the county recorder of deeds.

(Ord. 81-985 § 1(8) (part), 1981)

"Reservoir" is commonly applied to waters held in storage in either artificial or natural basins and impoundments primarily for a source of water for power, municipal, industrial, domestic, or flood control uses.

(Ord. 81-985 § 1(8) (part), 1981)

"Retention" is the permanent on-site maintenance of stormwater.

(Ord. 81-985 § 1(8) (part), 1981)

A "special use" of land or buildings, or both, described and permitted in this chapter, is a use subject to special provisions and which because of unique characteristics cannot be properly classified as a permitted use.

(Ord. 81-985 § 1(8) (part), 1981)

The combination of two or more tracts of land wherein each owner has agreed to that his tract of land shall be developed as part of a planned unit development and shall be subject to the control applicable to the planned development.

(Ord. 81-985 § 1(8) (part), 1981)

A planned unit development shall conform to the standards set forth in this article.

(Ord. 81-985 § 1(3) (part), 1981)

A planned unit development shall conform with the intent of the comprehensive planning program of Westchester including the Westchester southwest area plan.

(Ord. 81-985 § l(3) (A), 1981)

The site of the planned unit development must be under single ownership and/or unified control. No minimum size is established, however, for sites under four acres the applicant at the conceptual review meeting shall provide a clear showing of tangible benefits afforded by planned unit development application to the subject site and associated development than is possible under conventional zoning district regulations. No planned unit development under four acres shall be forwarded from the conceptual review meeting to the plan and zoning commission for public hearing unless the board of trustees or an assigned committee of the board of trustees finds that the proposed planned unit development is consistent with the stated purpose of the planned unit development regulations.

(Ord. No. 2017-2260, § 21, 12-12-2017; Ord. 81-985 § 1(3) (B), 1981)

(a)

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

(b)

In addition, the planned unit development shall not endanger the public health, welfare, or safety, nor shall it substantially diminish or impair property values in the neighborhood in which it is to be located.

(Ord. 81-985 § 1 (3) (C), 1981)

The planned unit development must be of a character and contain such uses that are needed in the area of the proposed project.

(Ord. 81-985 § 1(3) (D), 1981)

The density of a planned unit development (either in dwelling units, for residential uses, or in floor area, for all other uses) shall generally correspond to the density regulations imposed by the underlying zoning district. The density of the planned unit development is not necessarily required to precisely correspond with the normal density of the underlying zoning district, but instead should reflect that district's character through complementary building types and architectural design. It is required that a zoning amendment request accompany the planned unit development application if the density of the proposed development substantially exceeds the density permitted in the underlying zoning district.

(Ord. 81-985 § 1 (3) (E), 1981)

The minimum horizontal distance between buildings shall be:

(1)

Ten feet between clustered or "zero lot line" single-family detached dwellings;

(2)

Fifteen feet between single-family detached dwellings;

(3)

Twenty feet between buildings, other than single-family detached dwellings, of one, two, or two and one-half stories in elevation;

(4)

Equal to the height of the taller building in the case of freestanding buildings greater than two and one-half stories in elevation.

(Ord. 81-985 § 1 (3) (F), 1981)

(a)

The required yards along the periphery of the planned unit development shall be at least equal in width or depth to that of the adjacent zoning district.

(b)

Buildings of more than twenty-four feet in height shall provide a setback from any property line of not less than equal to the height of such buildings.

(c)

In circumstances where the village board of trustees, acting upon the recommendation of the plan and zoning commission, in reviewing a particular preliminary planned unit development plat, may upon ample evidence of exceptional design or construction features, which are deemed both architecturally and environmentally superior, include the provision of an inordinate amount of amenities, are in strict compliance with village building, fire, health, and other applicable codes, and/or contribute to the increased health, safety, and welfare of existing and future residents of the village, may lower the required yards along the periphery of the planned unit development from the standard required in the adjacent zoning district to the extent deemed appropriate in direct relationship to the exceptional architecturally and environ-mentally superior design and construction features.

(Ord. No. 2017-2260, § 21, 12-12-2017; Ord. 81-985 § 1 (3) (G), 1981)

Adequate parking shall be provided and shall be in general conformance with the parking regulations provided for in other sections of this chapter unless changes, either more restrictive or less restrictive, are warranted by the particular characteristics of the proposed planned unit development.

(Ord. 81-985 § 1 (3) (H), 1981)

Adequate provision shall be made to provide ingress and egress so designed as to minimize both internal and external traffic hazards and congestion.

(Ord. 81-985 § 1(3) (I), 1981)

The provisions of the Westchester subdivision regulations, as amended, shall be adhered to unless a waiver is recommended by the plan and zoning commission and granted by the village board.

(Ord. No. 2017-2260, § 21, 12-12-2017; Ord. 81-985 § 1 (3) (J), 1981)

The performance standards for the underlying zoning district of the planned unit development shall, in all instances, be complied with.

(Ord. 81-985 § 1 (3) (K), 1981)

The planned unit development may depart from strict conformance with the required density, dimension, area, height, bulk, use and specific content regulations of this chapter to the extent specified in the preliminary plat and documents authorizing the planned unit development so long as the planned unit development provides tangible benefits to the neighborhood or community in which it is located. These benefits shall be in the form of provision of exceptional amenities, design excellence, etc. The waiver of any requirement shall be the direct cause of accrual of positive benefits to the residents of the development as well as to the general community (e.g., waiver of yard requirements might result in more usable open space).

Departure from any requirement specified in this chapter or other village ordinances and regulations is a privilege, and shall be granted only upon recommendation of the plan and zoning commission and approval by the village board.

(Ord. No. 2017-2260, § 21, 12-12-2017; Ord. 81-985 § 1(3) (L) (part), 1981)

(a)

The unique character of planned unit developments requires their administrative processing as a special use in this chapter. Planned unit developments may be processed as special uses in each district of this chapter. Planned unit developments are more complex and of a significantly different character than other special uses, therefore requiring the establishment herein of specific procedures different than those used to process other special uses. The procedure, standards, objectives and purpose set forth in this article, when in conflict with other provisions of this chapter, as they may pertain to planned unit development, and only planned unit developments, shall be superseding.

(b)

A three-step procedure is prescribed for planned unit developments as described in this article.

(Ord. 81-985 § 1(4) (part), 1981)

The intent of the conceptual review process is to obtain a general understanding of the relationship between the planned unit development concept of the applicant for the specific site and the anticipated improvements and the purpose and intent of the planned unit development process of the village.

(Ord. 81-985 § 1 (4) (A), 1981)

Applications for a conceptual review shall be made on forms provided by the village and shall be accompanied by twelve copies of information to indicate the location and ownership of the property including a location map, information concerning the proposed uses and approximate areas, and a brief statement concerning the relationship of the application to the stated purpose of the planned unit development regulations of the village. The application and accompanying data shall be submitted to the director of building and zoning who shall transmit the request to the village board of trustees.

(Ord. 81-985 § 1(4) (A) (a), 1981)

The village board of trustees or an assigned committee of the village board of trustees shall schedule a meeting for the conceptual review. Said meeting may be a part of a regularly scheduled meeting, shall be open to the public, and included on the agenda in advance of the meeting.

(Ord. 81-985 § 1 (4) (A) (b), 1981)

The village board of trustees or an assigned committee of the village board of trustees shall review and consider the concept and its relationship to the stated purpose of the planned unit development regulations and may advise the applicant of any specific sections of the planned unit development regulations, such as specific standards or specific submissions requirements or studies, which may or may not aid the future review of the planned unit development by the plan and zoning commission.

(Ord. No. 2017-2260, § 21, 12-12-2017; Ord. 81-985 § 1 (4) (A) (c), 1981)

The village board of trustees or an assigned committee of the village board of trustees shall submit a written report to the plan and zoning commission, with a copy to the applicant, stating their findings.

(Ord. No. 2017-2260, § 21, 12-12-2017; Ord. 81-985 § 1(4) (A) (d), 1981)

The applicant may proceed to prepare the necessary submission requirements for the preliminary plat procedure including the public hearing by the plan and zoning commission or the applicant may reapply for conceptual review at the applicant's discretion. This procedure involves no formal commitment on the part of either the applicant or the village concerning proceeding with the application or future approval or denial.

(Ord. No. 2017-2260, § 21, 12-12-2017; Ord. 81-985 § 1(4) (A) (e), 1981)

It is the intent of the preliminary plat submission to obtain tentative approval from the village for the plans, design, and program that the petitioner contemplates compliance with. If the preliminary plat is approved, the petitioner can proceed to the final plat stage with reasonable assurance that the final plat will be approved if substantially in compliance with the preliminary plat.

(Ord. 81-985 § 1(4) (B) (part), 1981)

The preliminary and final plats 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. In the latter case, a public hearing, conforming to all statutory requirements, shall be required during the final plat procedure.

(Ord. 81-985 § 1(4) (B) (part), 1981)

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 space and building sites. The final plat is intended as a document to be recorded. The final plat shows the exact location of facilities, while the preliminary plat shows the general location of the same facilities.

(Ord. 81-985 § 1 (4) (C) (part), 1981)

The final plat shall be submitted to the director of building and zoning as a planned unit development plat and shall conform substantially to the preliminary plat as approved and, if desired by the developer, 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.

(Ord. 81-985 § 1(4) (C) (a), 1981)

The director of building and zoning shall refer the final planned unit development plat to the plan and zoning commission.

(Ord. No. 2017-2260, § 21, 12-12-2017; Ord. 81-985 § 1(4) (C) (b), 1981)

The plan and zoning commission shall review the final plat data within thirty days after submission. A public hearing is not required. After review of the final plat, the plan and zoning commission shall, within thirty days, unless an extension is requested by the petitioner, recommend approval or disapproval, and the reasons therefor to the village board.

(Ord. No. 2017-2260, § 21, 12-12-2017; Ord. 81-985 § 1 (4) (C) (c), 1981)

Subsequent approval will be required of the engineering proposals pertaining to water supply, storm drainage, sewerage and sewerage disposal, gas and electric service, street lighting, fire hydrants, grading, gradients and roadway widths, and the surfacing of streets by the village engineer, and the county officials (where applicable) prior to the approval of the final plat by board of trustees of the village.

(Ord. 81-985 § 1(4) (C) (d), 1981)

The village board, after receipt of the final plat from the plan and zoning commission, shall approve or disapprove the final plat within sixty days unless an extension is requested by the petitioner. In the case of approval, the village board shall authorize the village manager, as plat officer, to sign the final plat. Permits are issued only after the final planned unit development plat and any required supporting data have been recorded with the county recorder of deeds, and shall be issued in full conformance with the planned unit development. Proof of the recording of the final plat shall be provided to the director of community development. The construction authorized by the building permit shall be in full conformance with the final planned unit development plat, as recorded.

(Ord. 81-985 § 1 (4) (C) (e), 1981)

(Ord. No. 2017-2260, § 21, 12-12-2017; Ord. No. 2016-2174, § 1, 2-9-2016)

The ordinance authorizing construction of the planned unit development shall be effective only upon recording of the final planned unit development plat and supporting data with the county recorder of deeds. The recording of the final plat shall constitute notice to all who deal with the planned unit development of the restrictions placed upon the land and act as a zoning control device.

(Ord. 81-985 § 1(4) (C) (f), 1981)

Upon the completion of the planned unit development, a portion thereof, or an individual building or element of the planned unit development in full compliance with the final planned unit development plat and supporting data, then and only then can a "certificate of occupancy" be issued by the director of building and zoning to allow the use of a building or facility.

(Ord. 81-985 § 1(4) (C) (g), 1981)

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, grantees, 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.

Changes to the recorded planned unit development may be made as found in Sections 18.42.480 through 18.42.490.

(Ord. 81-985 § 1(4) (D) (part), 1981)

(a)

Major changes which alter the concept or intent of the planned unit development including increases in density, bulk, or height of buildings, reductions of proposed open space, changes in total bedroom counts of more than five percent, changes in bedroom mixes of more than five percent, changes in the development schedule, changes in road standards, or changes in the final governing agreements, provisions, or covenants, may be approved only by submission and reconsideration of a new preliminary and/or final planned unit development plat and supporting data and following the preliminary or final plat procedure.

(b)

If the major change alters data or evidence submitted during the conceptual plan or preliminary plat stage, then the resubmission must begin at the preliminary plat stage. If only final plat evidence or data is altered as a result of the major change, then the resubmission shall begin at the final plat stage.

(c)

If major changes are proposed, a new public hearing shall be required during resubmission of the preliminary or final plat.

(d)

All changes to the original final plat shall be recorded with the county recorder of deeds as amendments to the final plat or reflected in the recording of a new corrected final plat.

(Ord. 81-985 § 1 (4) (D) (a), 1981)

Minor changes which do not change the concept or intent of the planned unit development may be approved by the village board or other persons authorized by the village board in accordance with the procedures established in their rules. Minor changes shall be any change not defined as a major change.

(Ord. 81-985 § 1 (4) (D) (b), 1981)

A planned unit development special use shall become null and void and the subject property shall thereupon be rezoned to its most appropriate district classification, as deemed suitable by the village board acting upon the recommendation of the plan and zoning commission, in any case where the planned unit development has:

(1)

Received preliminary plat approval and where the final plat of the planned unit development, or the first phase of the final plat if construction is to take place in phases, has not been submitted for approval within one year after the date of approval of the preliminary plat; or

(2)

Received final plat approval and where the construction of the planned unit development, as authorized by the issuance of a building permit, has not begun within one year after the date of approval of the final plat dealing with such construction;

(3)

If construction of a planned unit development falls more than two years behind the building schedule filed with the final plat of the planned unit development, the village board, acting upon the recommendation of the plan and zoning commission, shall either extend the schedule or initiate action to revoke the planned unit development special use. In doing so, one year extensions in the building schedule filed with the final plat of a planned unit development may be granted by the village board, acting upon the recommendation of the plan and zoning commission. If the village board so stipulates when acting favorably on a planned unit development, the plan and zoning commission may be delegated the authority of granting such one year extensions in the building schedule of the planned unit development.

(Ord. No. 2017-2260, § 21, 12-12-2017; Ord. 81-985 § 1(4) (E), 1981)

The unique character of planned unit developments requires the establishment of specific submission requirements for various stages of the planned unit development process to permit the review and determination of the relationship between the proposed project and the purpose, objectives, standards, and general intent of the planned unit development regulations of the village.

(Ord. 81-985 § 1 (5) (part), 1981)

At the time application is made for conceptual review on forms provided by the director of building and zoning, twelve copies of the following information shall be provided:

(1)

Information to indicate the ownership and general location of the property including a general location map;

(2)

Information concerning the proposed use or uses and approximate areas. The approximate areas of uses may be tabular in nature listing acreage or square foot amounts or may be illustrated on a conceptual plan map or drawing;

(3)

A brief statement or statements concerning the relationship of the application to the stated purpose of the planned unit development regulations of the village including references to potential benefits available through planned unit development application to the subject site and its associated uses than may be possible under conventional zoning district regulations.

(Ord. 81-985 § 1(5) (A) (a-c), 1981)

At the conceptual review meeting the applicant shall review the previously submitted information and may present additional information concerning the concept of the proposed planned unit development.

(Ord. 81-985 § l(5) (A) (d), 1981)

Preliminary plat submissions fall into two general categories including those submitted at the time application is made and those submitted at the time of the public hearing.

(Ord. 81-985 § 1 (5) (B) (part), 1981)

At the time application is made for preliminary plat approval, the following items must be submitted to the director of building and zoning:

(1)

Application. A written application for a planned unit development on forms supplied by the director of building and zoning;

(2)

Fee. A fee, established by the village board, that is suitable to cover costs incurred by the village for review of the specific proposal. If special planning, legal, engineering, architectural or other consultants must be retained by the village for review of the proposed planned unit development, the petitioner shall be so notified, and all costs for the consultants expended by the village not covered by the filing fee shall be reimbursed by the petitioner;

(3)

Notification List. A list of the names and addresses of owners of all property that is situated within five hundred feet of the property lines of the subject site. This list shall be current as of the date of submission. People appearing on the list will be sent notice of the public hearing in compliance with statutory requirements. In addition, the responsible fire protection district, if any, affected school districts, affected park districts, and affected sanitary and/or drainage district shall appear on a separate list of notification. The county highway department will also be notified. Additional parties, specified by the petitioner, may appear on the notification list. Interested community groups, such as homeowner's associations, may request notification for projects within adjoining areas. Failure to provide an accurate list of names and addresses of owners of all property that is situated within five hundred feet of the property lines of the subject site shall be cause for immediate dismissal of the planned unit development application as well as forfeiture of all fees and expenses incurred;

(4)

Ownership. A statement of the present and proposed ownership of all land within the development;

(5)

Legal Description. A legal description of the subject site;

(6)

Taxes. Proof shall be furnished to indicate that there are no delinquent taxes constituting a lien on the whole or on any part of the property. Such proof may take the form of paid tax bills to the date of submission of the planned unit development application, a statement from the title insurance company indicating that no liens affect the subject site, or a letter from the county assessor or treasurer affirming that there are no delinquent taxes on the property.

(Ord. 81-985 § 1(5) (B) (a), 1981)

At the time of the public hearing on the preliminary plat, twenty copies of all subsequently listed information shall be submitted, with the exception of nonreproducible exhibits. Failure to submit any of the required information, without a specific written waiver from the plan and zoning commission, shall constitute grounds for dismissal of the planned unit development petition. Waiver of specific submission elements may be requested of the plan and zoning commission, in writing, at the time the planned unit development preliminary plat application is made. The plan and zoning commission will decide upon the waiver request at its next regularly scheduled meeting; the petitioner will be notified of the decision, and the public hearing will then be scheduled. Specific grounds for waiver must be stated by the petitioner. The preliminary plat submission shall include the information set out in Sections 18.42.570 through 18.42.700.

(Ord. No. 2017-2260, § 21, 12-12-2017; Ord. 81-985 § 1(5) (B) (b) (part), 1981)

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

(1)

Boundary lines and dimensions of the subject site;

(2)

Existing and proposed easements: general location and purpose;

(3)

Streets on adjacent, or proposed for the site including all rights-of-way, pavement widths, and names;

(4)

Utility extensions of water lines, sanitary sewers, and storm sewers and detention areas;

(5)

Significant natural features such as steep slopes, drainageways, floodplains in accord with flood hazard control ordinances of the village, wooded area, marshes, or other.

(6)

Land use designations for the subject site including types such as residential, commercial, industrial, public, and others;

(7)

Acreage of square footage of land uses;

(8)

Numbers of residential units by types and minimum and average lot sizes for single-family uses and residential net and gross densities and bedroom mixes for other residential uses;

(9)

General location, purpose and height, in feet or stories, of each building, major structure or parking area other than single-family residences or individually platted lots;

(10)

Adjacent land uses, major structures, and zoning classifications;

(11)

Map data including the name of the development, name of site planner, north point, scale, date of preparation.

(Ord. 81-985 § 1 (5) (B) (b) (1), 1981)

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

(Ord. 81-985 § 1(5) (B) (b) (2), 1981)

Development schedule indicating:

(1)

Stages in which 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 plat and through supporting graphic material;

(2)

Approximate dates for beginning and completion of each stage;

(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.

(Ord. 81-985 § 1 (5) (B) (b) (3), 1981)

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.

(Ord. 81-985 § 1(5) (B) (b) (4), 1981)

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

(Ord. 81-985 § 1(5) (B) (b) (5), 1981)

Preliminary plans for plant materials, earth sculpturing, berming, and aesthetic features shall be submitted.

(Ord. 81-985 § 1(5) (B) (b) (6), 1981)

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

(1)

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

(2)

Sanitary sewers;

(3)

Storm drainage and sediment and erosion control plans;

(4)

Water supply system;

(5)

Lighting program;

(6)

Sidewalks, paths, and cycle trails.

(Ord. 81-985 § 1 (5) (B) (b) (7), 1981)

Information on the student load and financial impact on the local school districts, including expected scheduling of potential students shall be provided.

(Ord. 81-985 § 1 (5) (B) (b) (8), 1981)

Information on the taxes to be generated by the proposed project and the cost to the various taxing bodies to provide the necessary services to the project shall be provided.

(Ord. 81-985 § 1(5) (B) (b) (9), 1981)

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

(Ord. 81-985 § 1(5) (B) (b) (10), 1981)

Depending upon the types of land uses proposed to be included in a planned unit development, information shall be provided from one or more of the categories found in Section 18.42.680 through 18.42.700.

(Ord. 81-985 § 1(5) (B) (b) (11) (part), 1981)

Planned unit developments proposed to contain any residential uses shall require submission of at least the following market data:

(1)

Details about the proposal pertaining to: housing types, floor area of dwellings, estimated price ranges, number of bedrooms, densities, amenities included, etc.;

(2)

An evaluation of the historical market pattern for the types of units proposed, considering the variables listed above. Building permit issuance trends and/or surveys of existing recently constructed residential developments shall be used in this evaluation;

(3)

Total anticipated demand in the village for the type of unit(s) proposed shall be estimated for the immediately subsequent five year period. The percent of that demand which would be absorbed by the proposed planned unit development shall be identified. Methods used in determining the five year demand shall be indicated.

(Ord. 81-985 § 1(5) (B) (b) (11) (aa), 1981)

Planned unit developments proposed to contain any commercial uses shall require submission of at least the following market data:

(1)

Details about the proposal pertaining to: number of users, floor area of each use area, bulk of buildings, price or rent ranges, floor area ratios, place of residence of prospective employees, etc.;

(2)

Trade area which the commercial development is intended to serve;

(3)

Location of comparable commercial developments within the trade area;

(4)

Population and effective per capita buying income of the trade area;

(5)

Anticipated sales volume of the commercial development.

(Ord. 81-985 § 1(5) (B) (b) (11) (bb), 1981)

Planned unit developments proposed to contain any industrial uses shall require submission of at least the following market data:

(1)

Details about the proposal pertaining to: number of users, floor area of each use area, bulk of buildings, price or rent ranges, floor area ratios, approximate number of employees, place of residence of prospective employees, etc.;

(2)

Location of other industrial developments within the community;

(3)

Market area for anticipated industries.

(Ord. 81-985 § 1(5) (B) (b) (11) (cc), 1981)

At the time the final plat is filed with the director of building and zoning, the information set out in Sections 18.42.720 through 18.42.800 must be submitted.

(Ord. 81-985 § 1(5) (C) (part), 1981)

A final planned unit development plat, suitable for recording with the county recorder of deeds, shall be prepared. The purpose of the final 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 plat shall include:

(1)

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

(2)

A planned unit development plat of all lands which are a part of the final plat being submitted, and meeting all the requirements for a final plat. If lands which are a subject of the final plat are to be subdivided, then a subdivision plat is also required;

(3)

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

(4)

Designation of the location of the building pads, or areas, or setback lines or setback standards for all buildings to be constructed;

(5)

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

(6)

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

(Ord. 81-985 § 1(5) (C) (a), 1981)

All common open space shall be either conveyed to a municipal or public corporation, conveyed to a not-for-profit corporation or entity established for the purpose of benefiting the owners and residents of the planned unit development, or retained by the developer with legally binding guarantees, in a form approved by the village attorney, verifying that the common open space will permanently be preserved as open area. All land conveyed to a profit-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.

(Ord. 81-985 § 1(5) (C) (b), 1981)

Final plan, with all required detail, shall be submitted, including:

(1)

Engineering plans showing how the site is to be serviced with sewer, water, well, and/or septic systems (as agreed to during the preliminary plat stage);

(2)

Lighting plans;

(3)

Drainage and stormwater retention and detention plans;

(4)

Road plans, including curbs and gutters, an-site/ off-site signalization, acceleration, deceleration lanes, etc.;

(5)

Sidewalk, paths, and cycle trails;

(6)

Landscape plans showing the type and location of plant materials, berms, and other aesthetic treatments.

(Ord. 81-985 § 1 (5) (C) (c), 1981)

Completion bonds, all on-site and/or off-site 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 a subdividers completion bond payable to the village shall be provided in the amount of the estimate of the village engineer of the costs of such improvements. Detailed construction plans shall be submitted for all public facilities to be built.

(Ord. 81-985 § 1 (5) (C) (d), 1981)

Detailed plans shall be submitted for the design, construction, or installation of site amenity structures; including buildings and other related site improvements.

(Ord. 81 985 § 1(5) (C) (e), 1981)

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

(Ord. 81-985 § 1 (5) (C) (f), 1981)

A deposit shall be made to the village in cash, letter of credit approved by the village board in a form acceptable to the village attorney, or maintenance bond equal to fifteen percent of the estimated cost of public facility installations. The 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 eighteen months from the date of acceptance of the facilities by the village. After such eighteen 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.

(Ord. 81-985 § 1 (5) (C) (g), 1981)

A certificate shall be furnished from the appropriate county official that no delinquent taxes exist 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.

(Ord. 81-985 § 1 (5) (C) (h), 1981)

Final agreements, provisions, or covenants which will govern the use, maintenance and continued protection of the planned unit development shall be approved by the village and recorded at the same time as the final planned unit development plat.

(Ord. 81-985 § 1(5) (C) (i) 1981)

Any parcel of property may be eligible for consideration as a planned unit development using the preliminary plat procedure. However, each petitioner for preliminary plat approval should be aware that the objectives and standards for planned unit developments, as expressed in these regulations, must be clearly integrated into the planned unit development submission. Failure to do so will result in disapproval.

(Ord. 81-985 § 1(3) (L) (part), 1981)

A request for approval of a preliminary plat, as a step in the planned unit development procedure, shall be submitted to the director of building and zoning, which shall refer same to the plan and zoning commission for public hearing, review, and recommendation.

(Ord. No. 2017-2260, § 21, 12-12-2017; Ord. 81-985 § 1(3) (L) (a), 1981)

Submission of the items required of a preliminary plat petitioner as identified under Article V. Submission Requirements. Said submission requirements fall into two general categories:

(1)

Submission of data required at the time application is made for preliminary plat approval;

(2)

Submission of data required at the time of the first public hearing pertaining to the specific preliminary plat.

(Ord. 81-985 § 1(3) (L) (b), 1981)

The plan and zoning commission shall hold a public hearing on the application for a planned unit development preliminary plat in accord with the procedures established for special uses in this chapter.

(Ord. No. 2017-2260, § 21, 12-12-2017; Ord. 81-985 § 1(3) (L) (c), 1981)

Following the public hearing and review of the preliminary plat submission, the plan and zoning commission shall within thirty days, unless an extension is requested by the petitioner, recommend approval, modification, or disapproval of the preliminary plat, and the reasons therefor, or indicate why a report and recommendation cannot be rendered to the village board.

(Ord. No. 2017-2260, § 21, 12-12-2017; Ord. 81-985 § 1 (3) (L) (d) (part), 1981)

In its communications to the village board, the plan and zoning commission shall set forth "findings of fact" in accordance with Section 18.42.870, Findings of fact, on which the recommendation is based and describing how the preliminary plat meets the standards and objectives stated in these regulations.

(Ord. No. 2017-2260, § 21, 12-12-2017; Ord. 81-985 § 1 (3) (L) (d) (part), 1981)

The plan and zoning commission shall, after the public hearing, set forth to the village board the reasons for the recommendation, and said recommendation shall set forth with particularity what respects the proposal would be in the public interest, including but not limited to findings of fact on the following:

(1)

In what respects the proposed plan is consistent with the stated purpose of the planned unit development regulations and with the objectives stated in Section 18.42.030;

(2)

The extent to which the proposed plan meets the standards of the planned unit development regulations as set forth in Article III;

(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 density, dimension, area, bulk, and use, and the reasons why such departures are deemed to be in the public interest;

(4)

The method by which the proposed plan makes adequate provisions for public services, provides adequate control over vehicular traffic, provides for and protects designated common open space, and furthers the amenities of light and air, recreation and visual enjoyment;

(5)

The relationship and compatibility of the proposed plan to the adjacent properties and neighborhood;

(6)

The desirability of the proposed plan as regards physical development, tax base and economic well-being of the village;

(7)

The conformity with the intent and spirit of the planning objectives of the village.

(Ord. No. 2017-2260, § 21, 12-12-2017; Ord. 81-985 § 1(6), 1981)

The village board, after receipt of the preliminary plat from the plan and zoning commission, shall approve, modify, or disapprove the plat within sixty days unless an extension is requested by the petitioner. In the case of approval, or approval with modification, the village board shall pass an ordinance granting the special use and indicate their approval upon the plat and arrange zoning map modifications as necessary. The village board may require such special conditions as it may deem necessary to ensure conformance with the objectives and standards established in these regulations.

(Ord. No. 2017-2260, § 21, 12-12-2017; Ord. 81-985 § 1(3) (L) (e), 1981)

It is emphasized that no building permit shall be issued for any structure until the final plat and accompanying data has been submitted, approved, and recorded. Several projects or stages may compose the overall planned unit development. If this is the case, the final plat may be submitted and approved in several stages in accordance with the agreed to development schedule processed with preliminary plat data. Permits shall be issued pursuant to the processing, approval, and recording of each separate stage of the overall final plat. Approval of a preliminary planned unit 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 and 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 if it conforms with the preliminary plat.

(Ord. 81-985 § 1(3) (L) (f), 1981)

Prior to the granting of any planned unit development, the plan and zoning commission may recommend, and the village board may stipulate, such conditions and restrictions upon the establishment, location, design, layout, height, density, construction, maintenance, aesthetics, operation, and other elements of the planned unit 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 specified standards. In all cases in which planned unit developments are granted, the village board may require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection with the approval of the planned unit development are being, and will be, complied with.

(Ord. No. 2017-2260, § 21, 12-12-2017; Ord. 81-985 § 1(7), 1981)