The purpose of these planned unit development regulations is to:

(a)

Encourage flexibility in the development of land and in the design of structures.

(b)

Encourage planned diversification in the location of structures.

(c)

Encourage a creative approach to the use of land that results in better development and design than might otherwise be accomplished under the strict application of other Articles of this Ordinance.

(d)

Provide for the efficient use of land to facilitate a more effective arrangement of land uses, buildings, circulation systems and utilities.

(e)

Provide for more usable and suitably located open space and recreation areas than might otherwise be provided under the application of other Articles of this Ordinance.

(f)

Encourage the construction of appropriate amenities which will enhance the character of the site.

(g)

Guarantee quality construction commensurate with other developments within the community, and compatible with the character of the surrounding area and adjoining properties.

(h)

Provide an efficient application procedure that is sensitive to the need for expeditious development review.

(Code 1993, § 20-6.1)

Applications for planned unit developments may be filed by an owner of any property in the Village for that property, in accordance with the provisions of Section 30-6.3 (Authorization).

(Code 1993, § 20-6.2)

(a)

A planned unit development is authorized as a special use in VC, NR, NR-1, GC-1, GC-2, OR, PCD-1, PCD-2, PCD-3, R2, R3 and R4 Districts. A planned unit development is required for the development of land or construction of any structure located in the VC District that exceeds 42 feet in height or exceeds 3.0 in floor area ratio. Planned unit developments in the R2 are permitted for townhouse/stacked flats and in the R3 and R4 Districts are permitted for townhouse, stacked flats and multi-family developments only.

(b)

Notwithstanding Paragraph (a) above, planned unit developments for the Adaptive Reuse Senior Housing/55+ Development of an existing institutional structure, such as an educational facility or place of worship, are permitted in all zoning districts.

(c)

Unless specifically approved by the ordinance granting or amending the planned unit development as a special use, the requirements of the underlying district apply. The ordinance granting or amending the planned unit development as a special use may depart from the normal procedures, standards and other requirements of this Ordinance to the extent permissible under this Article.

(Code 1993, § 20-6.3; Ord. No. 2020-O-63, § 2, 1-12-2021)

(a)

The site of the planned unit development must be under common ownership and/or unified control. If there are two (2) or more owners, the application for the planned unit development must be jointly filed by all such owners.

(b)

The ordinance authorizing the special use for a planned unit development may grant exceptions to the regulations contained in this Ordinance including, but not limited to, use, density, area, bulk, design, setbacks, off-street parking and loading, and signs, as may be desirable to achieve the objectives of the proposed planned unit development, provided that such exceptions are fully consistent with and authorized by this Article.

(c)

Planned unit developments must be compatible with the purpose and intent of this Ordinance and the Village's Comprehensive Plan. A planned unit development must not substantially diminish the market value of surrounding properties, and it must cause no substantial impairment of the use of those properties.

(d)

Planned unit developments must not adversely affect the natural environment of the community as a whole. Natural assets and features, such as existing trees and native vegetation, must be protected and preserved to the greatest extent practical.

(e)

The site must be accessible to public streets that are adequate to carry the traffic that will be generated by the proposed development. The streets and driveways within the proposed development must be adequate to serve the uses within the development. The applicant is responsible for the cost and installation of additional traffic controls and regulating devices that are required.

(f)

All proposed streets, alleys and driveways must be adequate to serve the residents, occupants, visitors or other anticipated traffic. Access points to public streets and the location of private streets, alleys and driveways are subject to the approval of the Village Board when granting the special use.

(g)

The pedestrian circulation system and its related walkways must be located to provide for separation of pedestrian and vehicular movement and for maximum pedestrian safety.

(h)

All planned unit developments must provide for underground installation of utilities, including electricity, cable and telephone. Provisions must be made for acceptable design and construction of storm sewer facilities and appropriate storm retention and/or detention devices. The construction and maintenance of all utilities, roadways, parking facilities and other site improvements must be in accordance with the requirements of this Ordinance and other regulations of the Village.

(Code 1993, § 20-6.4; Ord. No. 2014-O-59, 11-11-2014)

(a)

The Plan Commission may recommend and the Village Board may grant exceptions to the district regulations where a planned unit development is located. The planned unit development is subject to the underlying district regulations unless an exception is specifically granted. Exceptions from district regulations may be granted for planned unit developments, if the Village Board finds that such exceptions meet all of the following standards:

(1)

The planned unit development, including all proposed exceptions, is in conformance with the Comprehensive Plan, and the character and nature of existing and future development in the vicinity of the proposed planned unit development.

(2)

For use exceptions, the uses allowed are aligned with the intent of the planned unit development, are compatible with uses existing or anticipated to occur upon the adjacent sites, and will be properly screened or buffered from adjacent properties as needed to minimize potential negative impacts.

(3)

The exceptions allow the planned unit development to preserve unusual topographic or natural features of the land. In addition, the exceptions provide more usable and suitably located open space and natural amenities than would otherwise be provided under the strict application of district standards.

(4)

The exceptions allow the planned unit development to implement innovative design features that would not be possible by application of the basic district regulations. This includes sustainable development techniques, green building and adaptive reuse of existing structures.

(5)

The physical characteristics of the planned unit development, including all proposed exceptions, will not adversely affect the future development of adjacent areas.

(6)

The planned unit development, including all proposed exceptions, will continue to provide the same protection as the underlying district regulations in regard to fire, health hazards and other dangers.

(7)

The planned unit development provides a public benefit to the Village, as described in Paragraph (e) below.

(b)

The underlying zoning district use regulations apply, unless an exception is granted by ordinance as part of the approved special use. Other specified uses, not permitted by the use regulations of the district in which the planned unit development is located may be allowed provided that the Village Board finds that the uses being requested by such exceptions are necessary or desirable, and are appropriate with respect to the primary purpose of the development.

(c)

The underlying zoning district requirements apply, unless an exception is granted by ordinance as part of the approved special use. Exceptions to district regulations may be granted by the Village Board where it is determined that such modifications do not negatively affect the value and enjoyment of surrounding property, the provision of municipal services, or the flow of traffic.

(d)

However, in no case are the following exceptions permitted:

(1)

Exceptions that modify the requirements of chapter 18 of the Village Code concerning the minimum design, quality and construction standards for public improvements and infrastructure.

(2)

Exceptions to the environmental performance standards of this Ordinance.

(3)

Exceptions that modify the building, electrical, plumbing, fire prevention, or any other code or requirement of Chapter 8 of the Village Code.

(4)

Exceptions that modify the requirements of Section 30-96 of the Village Code concerning fences which obstruct views and create safety hazards.

(e)

No exception to district regulations within a planned unit development may be granted unless the applicant demonstrates a substantial benefit to the Village. The benefits provided are to be balanced with the relief sought. The following items are a guide and not an exclusive list of permissible benefits. Additional design characteristics and amenities not listed may be considered as part of the approval process.

(1)

Community amenities including plazas, malls, formal gardens, outdoor seating, public art, and car sharing facilities.

(2)

Preservation of historically significant structures.

(3)

Adaptive reuse.

(4)

Preservation of environmental features.

(5)

Public open space and recreational amenities such as:

(A)

Swimming pools;

(B)

Tennis courts;

(C)

Recreational open space accessory buildings;

(D)

Athletic fields;

(E)

Jogging trails and fitness courses;

(F)

Dog parks;

(G)

Playgrounds;

(H)

Natural water features and conservation areas.

(6)

Innovative storm water management including a reduction of impervious surface, use of semi-pervious materials, such as pervious pavers, bio-swales, rain gardens and similar techniques.

(7)

Additional public infrastructure improvements in addition to the minimum required by the planned unit development, such as new or repaved streets, installation of gutters and sewers, repaved streets, bicycle paths and traffic control devices to improve traffic flow.

(8)

Affordable or senior housing set-asides.

(9)

Provision of accessible dwelling units with accessible features beyond what is required by the Americans with Disabilities Act (ADA) or any other applicable codes.

(10)

The use of sustainable design and architecture, such as the use and/or incorporation of green or white roofs, solar panels, wind turbines and other energy efficient design concepts, new building technologies, and Leadership in Energy and Environmental Design (LEED) or LEED-equivalent structures.

(Code 1993, § 20-6.5; Ord. No. 2014-O-59, 11-11-2014)

In its establishment and authorization as a special use, in addition to the special use standards of Section 30-5.3 (Special Use), the following procedures, requirements, restrictions, and conditions shall be observed. In addition to the special use procedures, approval of a planned unit development is a four-step process, which includes a pre-application meeting, optional concept plan, Preliminary Plan, and Final Plan. No plats shall be recorded and no building permit shall be issued until a Final Plan has been approved.

All requirements for public hearings before the Plan Commission, Appearance Review Commission, or the Zoning Board of Appeals which, in the absence of a Planned Unit Development, would have been required to be held under the provisions of the Zoning Ordinance or the Village Code, shall be considered superseded by this Part 30-6 for applications for Planned Unit Development special uses. This Part 30-6 shall be deemed to consolidate all requirements for public hearings, recommendations and approvals for Planned Unit Developments before the Plan Commission and the Village Board, in the manner provided herein.

(a)

Pre-Application Meeting.

(1)

Prior to filing a formal application for a planned unit development, the applicant must confer with the Zoning Administrator, as well as other Village staff the Zoning Administrator deems appropriate, regarding the proposed development. The purpose of the pre-application presentation and conference is to make advice and assistance available to the applicant before preparation of the optional concept plan or formal application. A minimum of two (2) weeks prior to the pre-application meeting, the applicant must provide nine (9) copies of the following items to the Zoning Administrator:

(A)

A plat of survey of the subject property.

(B)

A written description of the proposed planned unit development.

(C)

A minimum of one (1) development concept plan and up to a maximum of three (3) development concept plans. Each development concept must include a site plan, floor plan(s) indicating the type and square footage of each space and building elevations. The development concept(s) shall be drawn to scale on eleven (11) by seventeen (17) inch paper.

(D)

A list of all proposed modifications sought pursuant to Section 30-6.5 (Exceptions from District Regulations).

(E)

Applicant information including the name, address, contact information, years of experience, and other similar projects in which applicant has participated for each team member.

(F)

A list of similar projects by the applicant, including:

(i)

Project name and location.

(ii)

Brief description of overall size.

(iii)

Square footage of each use.

(iv)

Number of residential units.

(v)

Financing.

(vi)

Project costs.

(vii)

Project construction duration.

(viii)

Project completion dates.

(ix)

Contact information.

(x)

Photographs or renderings.

(xi)

Marketing materials.

(G)

Such additional information, documents or materials the Zoning Administrator may deem necessary in order to prepare for the pre-application meeting.

(2)

Prior to the pre-application meeting, the Zoning Administrator may consult with the Village President, Village Manager, Land Use Chair and Plan Commission Chair, or their designees. The Zoning Administrator may also consult with such other officials, Village Staff, or consultants as he/she may deem appropriate. The purpose of the consultation is to conduct a preliminary review of the concepts proposed and assess the proposals' compatibility with the Comprehensive Plan, the Zoning Ordinance, the Village Code, and the general planning policies of the Village in anticipation of the pre-application meeting. At the discretion of the Zoning Administrator, the applicant may be invited to meet with the Zoning Administrator and the consulted parties regarding the pre-application.

(3)

The Zoning Administrator will schedule a pre-application meeting with the applicant and Village staff members the Zoning Administrator deems appropriate. At the pre-application meeting, the Zoning Administrator will explain the Village's review procedures, review the applicant's proposal and provide the applicant with the Village's impression of the concept proposals' compatibility with the Comprehensive Plan, the Zoning Ordinance, the Village Code, and the general planning policies of the Village, and identify the issues which the applicant should be prepared to address in the planned unit development application. The Zoning Administrator will provide such information and guidance as he/she deems appropriate. Any opinions or advice provided by the Zoning Administrator is in no way binding with respect to any official action the Plan Commission or Village Board may take on the subsequent formal application.

(b)

Optional Concept Plan.

(1)

Before submitting a formal application for a planned unit development, the applicant may present the development concept plan submitted as part of the pre-application meeting to the Plan Commission to obtain information and guidance prior to entering into binding commitments or incurring substantial expense.

(2)

The Plan Commission will review the concept plan, and provide such information and guidance as it deems appropriate. Any opinions or advice provided by the Plan Commission is in no way binding with respect to any official action the Plan Commission or Village Board may take on the subsequent formal application. The review of the concept plan is not a public hearing, and any failure to observe formal procedures does not affect the ultimate validity of any enabling legislation.

(c)

Preliminary Plan. All applications for planned unit developments must contain a Preliminary Plan, which is filed with the Zoning Administrator, who will forward a copy of the same to the Plan Commission. The Preliminary Plan must be a detailed and relatively complete development plan. The Zoning Administrator will schedule a public hearing before the Plan Commission for the purpose of reviewing the Preliminary Plan with notice for the public hearing in accordance with Section 30-4.3 (Notice), and submit a report to the Plan Commission and the applicant analyzing the plan's compliance with the standards of review of this Article and raising any concerns arising from the Zoning Administrator's consideration of the plan materials and/or the pre-application meeting.

(1)

Minimum Requirements. Following the initial pre-application meeting and any concept plan meeting, the applicant may file a planned unit development application with the Zoning Administrator. A minimum of ten (10) copies of each of the items identified below are required, unless otherwise instructed by the Zoning Administrator. The following constitutes the minimum required contents for a planned unit development application, provided that the applicant may supplement these materials with any other materials as he/she may deem appropriate, and further provided that the Zoning Administrator may, upon the request of the applicant, waive the submission of any of the following items.

(A)

A legal description of the subject property.

(B)

A letter that states how the development meets the standards of review in this Article.

(C)

Certification of ownership of the subject property and applicant's interest in the subject property, including an application properly certified by either the owner or an entity with authority to act on behalf of the owner, and further provided that, for property held in trust, disclosure of ownership of beneficial interest in the subject property, as may be required by state law.

(D)

Current applicant information including the name, address, contact information, years of experience, and other similar projects in which the applicant has participated for each team member.

(E)

A statement by the applicant with regard to the future selling or leasing of all or a portion of the subject property, and planning objectives to be achieved. This statement must include a description of the character of the proposed planned unit development and the reasons for the future selling or leasing of all or a portion of the subject property.

(F)

An analysis of the relationship between the proposed planned unit development and the Village Comprehensive Plan.

(G)

Market feasibility study performed by a qualified market research firm within the twelve (12) months prior to the application date, indicating the target market and quantifying the demand for all uses proposed in the development and the suitability of the proposed uses.

(H)

Most recent preliminary financial feasibility analysis and projected operating statement together with a statement of sources and uses for funding the project.

(I)

Copies of all covenants, grants of easements and other limitations or restrictions existing, or to be imposed upon, the use of the subject property's land, buildings or other structures.

(J)

Copy of the preliminary title insurance commitment.

(K)

A plat of survey of the subject property.

(L)

A preliminary development schedule for the project.

(M)

Traffic analysis performed by a qualified traffic engineer within the twelve (12) months prior to the application date.

(N)

The following project information:

(i)

List of all uses by square footage and, in the case of residential uses, the number of dwelling units.

(ii)

Calculation of lot coverage of buildings and structures.

(iii)

Floor area of buildings and structures.

(iv)

Total amount of usable open space.

(v)

Total number of parking spaces, separating surface, below grade and above grade parking spaces.

(O)

A brief description of what could be constructed under existing zoning.

(P)

Disclosure as to whether any part of the subject property or structure thereon has been designated as a landmark or historic place under federal, state or local law, or is within a local or national historic district.

(Q)

Any information that may be required by Village officials to assist in determining the potential impact of the proposed development on existing emergency response services.

(R)

A detailed survey prepared by a licensed surveyor, which shall include:

(i)

Topographical contours shown at one (1)-foot intervals.

(ii)

Trees of six (6) inches or more in diameter measured at one (1) foot above ground level.

(iii)

Unique natural features or existing groundcover.

(S)

Soil test results and environmental report prepared by a licensed engineer, unless waived by the Village.

(T)

The site plan and floor area size of all existing and proposed structures and other improvements, including maximum heights and types of dwelling units.

(U)

A map showing the surrounding footprints of adjacent buildings and their height.

(V)

The location and size in square feet of all areas to be conveyed, dedicated or reserved as common or public open spaces.

(W)

Preliminary elevations that demonstrate building character, materials and colors.

(X)

A current report written twelve (12) months prior to the application date detailing the existing and proposed pedestrian and vehicular circulation system of streets, alleys, driveways, sidewalks, off-street parking areas, loading areas, service areas, and points of access to the public right-of-way.

(Y)

Recent preliminary engineering drawings, including the location, size and slope of all water, sanitary sewer, and storm sewer lines; the capacity of any existing water, sanitary sewer or storm sewer mains that will be used; and the location of any on-site storm water/runoff detention. The applicant shall also provide a preliminary estimate of impact upon the Village infrastructure and utilities.

(Z)

A proposed landscape plan.

(AA)

A proposed lighting plan.

(2)

Preliminary Plan Procedure. The procedure for approval of the Preliminary Plan is as follows:

(A)

Application. All applications are filed with the Zoning Administrator in accordance with the requirements of Section 30-4.2 (Application). Once it is determined that the application is complete, the Zoning Administrator will schedule the application for consideration by the Plan Commission.

(B)

Review by the Zoning Administrator. Upon receiving a planned unit development application, the Zoning Administrator will review the application and deliver copies of the application to other appropriate government agencies for review and comment, as appropriate. Prior to the scheduled public hearing, the Zoning Administrator will forward to the Plan Commission copies of the application and a written report summarizing the facts of the case, including all relevant documents and incorporating or summarizing the comments of the Zoning Administrator and other agencies. The Zoning Administrator will forward a copy of the written report to the applicant prior to the scheduled public hearing.

(C)

Action by the Plan Commission. The Plan Commission must review the Preliminary Plan, special use and report by the Zoning Administrator at a public hearing within a reasonable time after receipt of a complete application. If, in the Plan Commissions' judgment, the application does not contain sufficient information to enable the Plan Commission to properly discharge its responsibilities, the Plan Commission may request additional information from the applicant. The Plan Commission shall evaluate the application, based upon the evidence presented at the public hearing, pursuant to each of the applicable standards in Paragraph (E) below. Within a reasonable time after the close of the public hearing, the Plan Commission will either:

(i)

Recommend approval or denial of the Preliminary Plan and special use, and submit its written recommendation to the Village Board.

(ii)

Advise the applicant in writing of any recommended changes, additions or corrections to the Preliminary Plan. The applicant may, within thirty (30) days, submit the revised Preliminary Plan for Plan Commission consideration at a continuation of, or at a new, public hearing. The applicant may do so without paying an additional filing fee. The Plan Commission will then recommend approval or denial of the Preliminary Plan and special use, and submit its written recommendation to the Village Board.

(D)

Action by the Village Board.

(i)

The Village Board, after receipt of the recommendations from the Plan Commission, shall approve, approve with conditions or deny the Preliminary Plan and special use within a reasonable time upon receipt of the recommendations of the Plan Commission. The Village Board will evaluate the application, based upon the evidence presented at the public hearing, pursuant to each of the applicable standards in Paragraph (E) below.

(ii)

If the Preliminary Plan and special use is approved by the Village Board, the applicant may then submit a Final Plan for the planned unit development, approval of which is required prior to allowing development to proceed.

(E)

Preliminary Plan Approval Standards. The Plan Commission recommendation and Village Board decision must set forth in what respects the planned unit development is or is not in the public interest including, but not limited to, evaluation of the approval standards for a special use and the following preliminary plan approval standards:

(i)

Is the site or zoning lot upon which the planned unit development is to be located adaptable to the unified development proposed?

(ii)

Will the proposed planned unit development be detrimental to or endanger the public health, safety and welfare of any portion of the community?

(iii)

Will the proposed planned unit development be injurious to the use and enjoyment of other property in the vicinity for the purposes already permitted?

(iv)

Will the proposed planned unit development diminish or impair property values within the neighborhood?

(v)

Will the proposed planned unit development impede the normal and orderly development and improvement of surrounding property for uses permitted in the zoning district?

(vi)

Is there provision for adequate utilities, drainage, off-street parking and loading, pedestrian access and all other necessary facilities?

(vii)

Is there provision for adequate vehicular ingress and egress designed to minimize traffic congestion upon public streets?

(viii)

Are the location and arrangement of structures, parking areas, walks, lighting and appurtenant facilities, compatible with the surrounding neighborhood and adjacent land uses?

(ix)

Is any part of the proposed planned unit development which is not to be used for structures, parking and loading areas, or access ways, suitably landscaped?

(x)

Is the planned unit development in the specific location proposed consistent with the spirit and intent of this Ordinance and the adopted Comprehensive Plan?

(xi)

Does any part of the proposed planned unit development substantially adversely affect a known archaeological, historical, or cultural?

(xii)

Has the applicant successfully completed one (1) or more recent projects of comparable value and complexity to provide the Village with reasonable assurance that the proposed planned unit development can be completed according to schedule and as designed?

(xiii)

Will the proposed planned unit development meet the standards of appearance review?

(d)

Final Plan.

(1)

Final Plan Procedure. Within one (1) year following the approval of the Preliminary Plan the applicant must file with the Zoning Administrator a Final Plan containing, in final form, the information required for the Preliminary Plan. If the planned unit development is to be developed in phases, the applicant need only file a Final Plan for the first phase of development, as indicated in the development and construction schedule prescribed below. The Final Plan for the remaining phases must be filed in accordance with the development and construction schedule. Every Final Plan must contain the information required as part of the Preliminary Plan submittal updated and in final form as well as the following information and documentation:

(A)

A final site plan drawn to an appropriate scale on material suitable for recording with the Cook County Recorder of Deeds.

(B)

An accurate legal description of the entire zoning lot upon which the planned unit development is to be located, and a legal description of each separate subdivided parcel, including any areas to be conveyed, dedicated or reserved for public or quasi public uses.

(C)

All covenants, easements, agreements and other provisions required to govern the use, maintenance and continued protection of the planned unit development, along with an agreement assuring that the applicant, any subsequent owner or, where applicable, a homeowners association shall be responsible for all street, utility and common open space maintenance within said development and for snow plowing and refuse disposal.

(D)

All plats, certificates, seals and signatures required for the dedication or vacation of land and/or the recording of the final site plan.

(E)

If subdivision of the development site is included in the planned unit development, a plat of subdivision must be prepared suitable for recording with the Cook County Recorder of Deeds. In like manner, if a vacation or dedication of a public street or alley is included, a plat of vacation or dedication must be prepared.

(F)

A detailed landscape plan based on final architectural decisions indicating the specific location and character of all landscape, including the size and species of all trees, shrubs, hedges and other groundcover, the location, size and type of all screening and fencing and the location, height, design and illumination characteristics of all external lighting fixtures within the development.

(G)

A detailed utilities and drainage plan based on final architectural decisions indicating the size and location of all water distribution lines, sanitary sewers and storm drainage facilities required to serve the planned unit development and the manner in which surface drainage will be controlled and managed consistent with all applicable Village regulations.

(H)

A development and construction schedule indicating the following:

(i)

The date when construction of the planned unit development will begin or, if developed in phases, the date when construction of the initial phase will begin.

(ii)

If the planned unit development is to be developed in phases, a map indicating the phases in which the planned unit development will be built, the dates when the Final Plans for all phases will be filed, and the approximate dates when construction of each subsequent phase will begin.

(iii)

The date when construction of the planned unit development will be completed, and the date when a specific use or uses will be established, or if developed in phases, the date when construction of each phase will be completed, and the date when a specific use or uses will be established for each phase.

(I)

Building elevations and schematic design presentations indicating the architectural character of all proposed buildings and structures based on final architectural decisions and prepared in detail, noting materials, color and finish. All building services and parking entrances must be clearly identified, including, but not be limited to loading, trash and recycling service areas. Drawings must indicate all proposed fence sizes, materials and locations, all ventilation grills, and any mechanical equipment extending above the building parapet. Samples of all exterior materials must be submitted.

(J)

Detailed drawings and design presentations of all signs to be erected within the planned unit development.

(2)

Action. The Zoning Administrator will review the Final Plan within a reasonable time after the receipt of the complete Final Plan and take the following actions:

(A)

Conformance with Preliminary Plan. The Zoning Administrator must recommend approval of the Final Plan to the Village Board if it is in substantial compliance with the Preliminary Plan and all Village regulations. The Zoning Administrator will certify to the Village Board that the Final Plan is in substantial conformance with the previously filed Preliminary Plan. Within a reasonable time after receipt of the Zoning Administrator's recommendation, the Village Board must review the Final Plan.

(B)

Non-conformance with Preliminary Plan.

(i)

If the Zoning Administrator finds that the Final Plan is substantially changed from the approved Preliminary Plan, or is otherwise not in accordance with Village regulations, the Zoning Administrator must inform the applicant with regard to specific areas found not to be in compliance, and the applicant may resubmit the Final Plan to the Zoning Administrator with changes to those areas found not to be in compliance. At the applicant's request, the Zoning Administrator shall forward the Final Plan to the Village Board for consideration (notwithstanding the substantial change) with a recommendation from the Zoning Administrator that the Final Plan be denied. If the applicant fails to submit a revised Final Plan which does not contain substantial changes from the approved Preliminary Plan, then the Zoning Administrator shall recommend to the Village Board that the Final Plan be denied.

(ii)

Once resubmitted and after the Zoning Administrator has determined the Final Plan to be in substantial compliance with the Preliminary Plan, the Zoning Administrator shall certify to the Village Board that the Final Plan is in substantial conformance with the previously filed Preliminary Plan. Within a reasonable time after receipt of the Zoning Administrator's recommendation, the Village Board shall review the Final Plan.

(C)

Review by the Village Board. After the Final Plan has been found to be in substantial compliance with the Preliminary Plan or the applicant has requested that the Village Board review a Final Plan denied by the Zoning Administrator, and the Village Board has reviewed the Final Plan, the Village Board must approve, approve with conditions, or deny the Final Plan. After the approval of the Final Plan, the use of the land and the construction, modification or alteration of any buildings or structures within the planned unit development will be governed by the approved Final Plan rather than by other provisions of this Ordinance.

(D)

Simultaneous Preliminary and Final Plan review may be conducted by the Village Board if the Zoning Administrator finds all necessary Final Plan procedures and requirements have been met prior to the Village Board hearing Preliminary Plan approval.

(Code 1993, § 20-6.6; Ord. No. 2014-O-59, 11-11-2014)

No changes may be made in the approved Final Plan, except upon application to the Village, according to the following provisions.

(a)

During Construction. During the construction of the planned unit development, the procedure is as follows:

(1)

Minor Changes. Minor changes, as required by engineering or other physical site circumstances not foreseen at that time that the Final Plan was approved and verified by the Village Engineer, may be authorized by the Zoning Administrator, who reserves the right to forward any requests for changes to the Village Board. Any item listed in Paragraph (2)(C) below is not considered a minor change. Any changes to the Final Plan must be recorded as amendments to the planned unit development ordinance. If changes are allowed in a final site plan, then a new site plan reflecting such changes must be filed with the Village noting the date of the changes.

(2)

Major Changes.

(A)

Major changes are those changes that substantially affect the basic design, density or bulk of the development. All changes in land use, building height or density of the development are considered a major change, and must be approved by the Village Board, after a public hearing by the Plan Commission, as an amendment to the planned unit development ordinance.

(B)

The Plan Commission must review the request for a major change at a public hearing within a reasonable time after receipt of a request. Within a reasonable time after the close of the public hearing, the Plan Commission must recommend either approval or denial of the request for a major change, and submit its written recommendation to the Village Board. The Village Board, after receipt of a recommendation from the Plan Commission, must approve, approve with conditions or deny the request for a major change within a reasonable time following the receipt of the Plan Commission recommendation. The Village Board may also decide that the request for a major change is so significant that it must be considered a new planned unit development application and should be resubmitted as such.

(C)

Major changes include, but are not limited to, the following:

(i)

A change equal to or greater than five percent (5%) in the number of dwelling units, the gross floor area of the development, or the gross floor area devoted to any particular use.

(ii)

A change of five (5) feet or more in building height.

(iii)

An increase in building coverage of more than five percent (5%) than that approved in the Final Plan (for example, an increase from 25% coverage to 30% coverage). Any building coverage increase above that permitted by this Ordinance is considered a major change.

(iv)

A decrease in open space.

(v)

A change in the location of any open space in any manner that detracts from its intended function in the previously approved plan.

(vi)

A change in excess of ten (10) feet in the location of walkways, vehicle circulation ways and parking areas, or exterior building or structure walls.

(vii)

A change in the location and arrangement of land uses within the development as shown on the previously approved final plan.

(viii)

A change or relocation of rights of way shown on the approved final plan in any manner or to any extent that decreases their functionality, adversely affects their relation to surrounding land use and rights-of-way elements, or reduces their effectiveness as buffers or amenities.

(ix)

An alteration, whether an increase or decrease, in the amount of any land use in any stage of the development by more than ten percent (10%) or a change in the overall final approved and use mix.

(x)

A reduction in the number of parking spaces or an increase of more than five (5) parking spaces. An increase of up to five (5) spaces is considered a minor change.

(xi)

A change to the landscape plan that results in a reduction in the net amount of plant material. Changes to the landscape plan that do not result in a reduction in the net amount of plant material, a change in plant species or a change that does not violate the landscaping requirements of this Ordinance is considered a minor change.

(b)

After Construction. After the completion of construction of the planned unit development, all changes to the Final Plan must be made by the Village Board under the procedure authorized for a special use (Section 30-5.3). Upon review of the proposed changes, the Village Board may determine that the proposed changes to the planned unit development constitute a new application and must be resubmitted as a new planned unit development application in accordance with this Article.

(Code 1993, § 20-6.7)

(a)

The Village Board may, at any time, request written reports from the Zoning Administrator on the progress and development of the planned unit development.

(b)

If the Village Board makes the determination that the applicant has abandoned the development of the planned unit development or failed to follow the approved Final Plan, it shall hold a public hearing for the purpose of determining the revocation of all permits, approvals and action taken. Written notice of the public hearing must be sent to the applicant by certified mail (return receipt requested) to the business address indicated in the PUD application. Further notice of the public hearing must be provided in the manner described in Section 30-4.3 (Notice) of this Ordinance for special uses.

(c)

At the public hearing, the Village Board will receive such evidence as it deems relevant and the applicant is permitted to respond and present evidence on his/her own behalf. If the Village Board determines, by a majority vote, that the applicant has abandoned the development of the proposed planned unit development or has failed to follow the approved Final Plan, the Village Board may revoke all permits, approvals and other actions taken under this Article. The Corporation Counsel may thereafter cause to have filed with the Recorder of Deeds a memorandum of such revocation.

(Code 1993, § 20-6.8)

Prior to granting any special uses, the Plan Commission may recommend, and the Village Board may stipulate, such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the planned unit development as deemed necessary to guarantee performance of all conditions.

(Code 1993, § 20-6.9)

Building permits may only be issued if the construction work in question is in conformity with the approved Final Plan and with all other applicable ordinances and regulations.

(Code 1993, § 20-6.10)

(a)

The Zoning Administrator may periodically review all permits issued for the planned unit development in conjunction with the construction that has taken place on the planned unit development site, and compare actual development with the approved development and construction schedule.

(b)

If the Zoning Administrator finds that the applicant has failed to meet the approved development and construction schedule, the Zoning Administrator will notify the Village Board in writing. Within a reasonable time after receiving such notice, the Village Board will either revoke the special use or, for good cause shown by the applicant, the development and construction schedule may be extended for a reasonable time.

(Code 1993, § 20-6.11)