(a)

The PUD Planned Unit Development District is established to encourage and promote improved environmental design in the village by allowing for greater freedom, imagination and flexibility in the development of land, while ensuring substantial compliance with the basic intent of this chapter and the general plan for community development. The PUD district allows diversification and variation in the relationship of uses, structures, open spaces and heights of structures in developments conceived and implemented as comprehensive and cohesive, unified projects. It is further intended to encourage more rational and economic development in regard to public services and encourage and facilitate preservation of open land.

(b)

This article contemplates that there may be residential, commercial, industrial, and mixed-use planned unit developments.

(Code 1998, § 106-801; Ord. No. 97-11, § 13-1-50, 11-3-1997)

(a)

Minimum total area requirements. Areas designated as PUDs shall contain a minimum total development area as follows:

(b)

Lot area, lot width, heights and yard requirements. In the PUD district, there shall be no specific lot area, lot width, height, floor area ratio, yard and usable open space requirements, but such requirements as are made a part of an approved recorded general development plan shall be, along with the recorded plat, construed to be and shall be enforced as a part of this chapter.

(c)

Permitted uses. Any use permitted in any of the other districts of this chapter may be permitted in the PUD district, subject to the criteria as established in section 133-895 and provided such uses are identified in the approved and recorded general development plan.

(d)

Conditional uses. Any use allowed as a conditional use in any of the other districts of this chapter may be allowed in the PUD district, subject to the criteria as established in section 133-895 and provided such uses and any conditions or requirements attached to such uses are identified in the approved and recorded general development plan.

(e)

Minimum green area. The minimum green area shall be 30 percent.

(Code 1998, § 106-802; Ord. No. 97-11, § 13-1-51, 11-3-1997)

(a)

Preapplication conference. Prior to the official submission of the petition for the approval of a PUD district, the owner or the owner's agent should meet with the plan commission or its staff to discuss the scope and proposed nature of the contemplated development.

(b)

Petition for rezoning approval. Following the preapplication conference, the owner or the owner's agent may file a petition with the zoning administrator for approval of a zoning change to the planned unit development zoning district. Such petition shall be accompanied by payment of a PUD review fee as specified in section 133-45. The procedure for rezoning to a Planned Unit Development District shall be as required for any other zoning district change as set forth under division 3 of article II of this chapter, except that, in addition thereto, the following information shall be filed by the applicant with the zoning administrator with the petition for rezoning:

(1)

Informational statement. A petition for a zoning change to the PUD district shall be accompanied by an informational statement that sets forth the following information:

a.

Total area to be included in the PUD, area of open space, residential density, proposed number and type of dwelling units, projected population, availability of or requirements for municipal services and other similar data pertinent to a comprehensive evaluation of the proposed development;

b.

A general summary of the estimated value of structures and site improvement costs, including landscaping and special features;

c.

A general outline of the organizational structure of a property owners' or management's association, which may be proposed to be established for the purpose of providing any necessary private services;

d.

Any proposed departures from the standards of development as set forth in this chapter, chapter 129, other village regulations or administrative rules, or other universal guidelines;

e.

The expected date of commencement of physical development as set forth in the proposal and also an outline of any development staging which is planned.

(2)

General development plan. A petition for a zoning change to the PUD district shall be accompanied by a general development plan which shall include the following information:

a.

A legal description of the boundaries of the subject property included in the proposed PUD and its relationship to surrounding properties;

b.

The location of public and private roads, driveways, sidewalks and parking facilities;

c.

The size, arrangement, and location of any individual building sites and proposed building groups on each individual site;

d.

The location of institutional, recreational and open space areas and areas reserved or dedicated for public uses, including schools, parks, and drainageways;

e.

The type, size and location of all structures;

f.

General landscape treatment;

g.

The existing and proposed location of public sanitary sewer, water supply facilities, and stormwater drainage facilities;

h.

The existing and proposed location of all private utilities or other easements;

i.

Characteristics of soils related to contemplated specific uses;

j.

Existing topography on the site with contours at no greater than two-foot intervals;

k.

If the development is to be staged, a staging plan;

l.

A plan showing how the entire development can be further subdivided in the future.

(c)

Recording. Upon final approval of the application and adoption of a zoning change to the PUD district by the village board, the general development plan, as approved, shall be recorded by the developer within ten days in the county register of deeds' office. Detailed construction and engineering plans need not necessarily be completed at the time the zoning is approved, but the approval and recording of such plans shall be conditioned upon the subsequent submittal, approval, and recording of more specific and detailed plans as the development progresses.

(Code 1998, § 106-803; Ord. No. 97-11, § 13-1-52, 11-3-1997)

As a basis for reviewing a PUD district application to the plan commission and village board, the following criteria shall be applied to the application for such district with specific consideration as to whether or not it is consistent with the spirit and intent of this chapter, whether or not it is consistent with the policies of the village master plan, whether or not it has been prepared with professional advice and guidance, and whether or not it produces significant benefits in terms of environmental design:

(1)

Character and integrity of land use. In a PUD district, the uses proposed and their intensity and arrangement on the site shall be of a visual and operational character which:

a.

Are compatible to the physical nature of the site with particular concern for preservation of natural features, tree growth and open space;

b.

Would produce an attractive environment of sustained aesthetic and ecological desirability, economic stability, and functional practicality compatible with the general development plans for the area as established by the community;

c.

Would not adversely affect the anticipated provision for school or other municipal services;

d.

Would not create traffic or parking demands incompatible with the existing or proposed facilities to serve it.

(2)

Economic feasibility and impact. The proponents of a PUD district application shall provide evidence satisfactory to the plan commission and village board of its economic feasibility, of available adequate financing, and that it would not adversely affect the economic prosperity of the village or the values of surrounding properties.

(3)

Engineering design standards. The width of street rights-of-way, width of paving, width and location of street or other paving, outdoor lighting, location of sewer and water lines, provision for stormwater drainage or other similar environmental engineering consideration shall be based on standards necessary to implement the specific function in the specific situation; provided, however, in no case shall standards be less than those necessary to ensure the public safety and welfare as determined by the village engineer.

(4)

Preservation and maintenance of open space. In a PUD district, adequate provisions shall be made for the permanent preservation and maintenance of open space either by private reservation or dedication to the public.

a.

For private reservation, the open area to be reserved shall be protected against building development by conveying to the village as part of the conditions for project approval an open space easement over such open areas restricting the area against any future building or use except as consistent with that of providing landscaped open space for the aesthetic and recreational satisfaction of the surrounding residences. Buildings or uses for noncommercial, recreational, or cultural purposes compatible with the open space objective may be permitted only where specifically authorized as part of the general development plan or, subsequently, with the express approval of the village board following approval of building, site, and operational plans by the plan commission;

b.

The care and maintenance of such open space reservations shall be ensured by establishment of appropriate management organization for the project. The manner of assuring maintenance and assessing such cost to individual properties shall be included in any contractual agreement with the village and shall be included in the title to each property;

c.

Ownership and tax liability of private open space reservations shall be established in a manner acceptable to the village and made a part of the conditions of the plan approval.

(5)

Implementation schedule. The proponents of a PUD district shall submit a reasonable schedule for the implementation of the development to the satisfaction of the village board, including suitable provisions for assurance that each phase could be brought to completion in a manner that would not result in an adverse effect upon the community as a result of termination at that point. The plan commission and village board, in making their respective recommendation and determination, shall consider the reasonableness of the proposed construction schedule and any staging plan for the physical development of the proposed PUD, commencement of the physical development within one year of approval being deemed reasonable.

(6)

Residential PUD considerations. The plan commission and village board, in making their respective recommendation and determination as to a proposed residential PUD, shall further consider whether:

a.

Such development will create an attractive residential environment of sustained desirability and economic stability, including structures in relation to terrain, consideration of safe pedestrian flow, ready access to recreation space, and coordination with overall plans for the community;

b.

The total net residential density within the PUD will be compatible with the village master plan or components thereof, and shall be compatible with the density of the neighborhood wherein located;

c.

Structure types will be generally compatible with other structural types permitted in the neighborhood;

d.

Provision has been made for the installation of adequate public facilities and the continuing maintenance and operation of such facilities if privately owned;

e.

Provision has been made for adequate, continuing fire and police protection;

f.

The population density of the development will have an adverse effect upon the community's capacity to provide needed school or municipal service facilities;

g.

Adequate guarantee is provided for permanent preservation of open space areas as shown on the general development plan either by private reservation and maintenance or by dedication to the public.

(7)

Commercial PUD considerations. The plan commission and village board, in making their respective recommendation and determination as to a proposed commercial PUD, shall further consider whether:

a.

The economic practicality of the proposed development can be justified;

b.

The proposed development will be served by off-street parking and truck service facilities in accordance with this chapter;

c.

The proposed development shall be adequately provided with and shall not impose any undue burden on public services and facilities such as fire and police protection, street maintenance, water, sanitary sewer and stormwater drainage, and maintenance of public areas;

d.

The locations of entrances and exits have been designated to prevent unnecessary interference with the safe and efficient movement of traffic on surrounding streets and that the development will not create any adverse effect upon the general traffic pattern of the surrounding neighborhood;

e.

The architectural design, landscaping, control of lighting and general site development will result in an attractive and harmonious service area compatible with and not adversely affecting the property values of the surrounding neighborhood.

(8)

Industrial PUD considerations. The plan commission and village board, in making their respective recommendation and determination as to a proposed industrial PUD, shall further consider whether:

a.

The operational character and physical plant arrangement of buildings will be compatible with the latest in performance standards and industrial development design and will not result in an adverse effect upon the property values of the surrounding neighborhood;

b.

The proposed development shall be adequately provided with and shall not impose any undue burden on public services and facilities, such as fire and police protection, street maintenance, water, sanitary sewer and stormwater drainage, and maintenance of public areas;

c.

The proposed development will include provision for off-street parking and truck service areas in accordance with this chapter and will be adequately served by easy-access rail or arterial highway facilities;

d.

The proposed development is properly related to the total transportation system of the community and will not result in an adverse effect on the safety and efficiency of the public streets.

(9)

Mixed use PUD considerations. The plan commission and village board, in making their respective recommendation and determination as to a proposed mixed use PUD, shall further consider whether:

a.

The proposed mixture of uses results in a unified composite which is compatible with the surrounding neighborhood;

b.

The various types of uses conform to the general requirements as set forth in this chapter, applicable to projects of such use and character.

(Code 1998, § 106-804; Ord. No. 97-11, § 13-1-53, 11-3-1997)

After approval and recording of the general development plan and the zoning change to the PUD district, the applicant shall file a specific implementation plan with the plan commission, through the zoning administrator. Unless and until a specific implementation plan has been approved by the plan commission and recorded, no building permit shall be issued for any construction within the PUD district. Specific implementation plans shall include the following information:

(1)

A precise description of the type, number and size of dwelling units; a description of the type and amount of square feet devoted to commercial or industrial uses, the estimated number of employees, and character and volume of truck and automobile traffic generated from the site;

(2)

A detailed site plan of the development showing the location of all buildings, pavement areas, signs, and outdoor lighting;

(3)

A final plat of the entire development area showing detailed lot layout and the intended use of each lot or parcel of land, public dedications, public and private streets, driveways, walkways, and parking facilities;

(4)

A detailed landscape plan showing the location and treatment of open space areas and the location, species, and size of landscape material;

(5)

Architectural drawings and sketches illustrating the design and character of proposed structures, including elevation drawings of all principal buildings. In residential PUDs with single-family homes, the plan commission may approve site and architectural design guidelines contained within a declaration of covenants, deed restrictions, or other similar document, in lieu of reviewing the plans for each individual single-family residence;

(6)

Location of all utility installations;

(7)

A detailed grading plan;

(8)

Stormwater management plan;

(9)

A development schedule indicating:

a.

The approximate date when construction of the project can be expected to begin;

b.

The stages in which the project will be built and the approximate date when construction of each stage can be expected to begin;

c.

The anticipated rate of development; and

d.

The approximate date when the development of each of the stages will be completed;

(10)

Agreements, bylaws, provisions, or covenants that govern the organizational structure, use, maintenance and continued protection of the PUD and any of its common services, open areas or other facilities;

(11)

Any other plans, documents or schedules required by the plan commission or village board.

(Code 1998, § 106-805; Ord. No. 97-11, § 13-1-54, 11-3-1997)

Before any building permit shall be issued, the applicant and the owner shall enter into an appropriate contract with the village to guarantee the implementation of the planned unit development according to the terms and conditions established as a part of the general development plan and the specific implementation plan. The village shall have the right, if deemed appropriate, to require the inclusion of performance bonds or other security deemed satisfactory to the village attorney.

(Code 1998, § 106-806; Ord. No. 97-11, § 13-1-55, 11-3-1997)

Under this article, any subsequent change of use of any lot or parcel of land or addition or modification of the general development plans or specific implementation plans shall first be submitted for approval to the plan commission and if, in the opinion of the plan commission, such change or modification constitutes a substantial alteration of the original plans, the procedures described in sections 133-894, 133-896, and 133-897 shall be required before the use is changed or the plans modified.

(Code 1998, § 106-807; Ord. No. 97-11, § 13-1-56, 11-3-1997)