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Winfield City Zoning Code

CHAPTER 10

SPECIAL USES

10-10-1: PURPOSE:

To provide for the location of certain uses herein specified which are deemed desirable for the public welfare within a given district or districts, but which might have an adverse effect upon nearby properties or upon the character and future development of the district in which they are located, a classification of special uses is hereby established. Procedures for special uses are set forth in this chapter.
The development and execution of this title is based upon the division of the village into districts, within any one of which the use of land and buildings and structures, as related to the land, are essentially uniform. It is recognized, however, that there are special uses which, because of their unique character, cannot be properly classified in any particular district or districts without consideration in each case of the impact of those uses upon neighboring lands and upon the public need for the particular use at the particular location. Such special uses fall into two (2) categories:
   A.   Uses operated by a public agency or publicly regulated utilities or uses traditionally affected with a public interest.
   B.   Uses entirely private in character but of such a nature that the operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities. (Ord. 2010-04-07, 4-1-2010)

10-10-2: EXISTING SPECIAL USES:

Where a use exists on the effective date hereof and it is classified as a special use by this title, it shall be considered to be a lawful special use. Any and all additions or alterations to existing buildings or land improvements or expansion of lawful special uses within the area of the lot included in the ownership existing at the time of the effective date hereof shall require a new special use permit. Any issuance of said permit shall require recommendation of the plan commission and approval of the village board with said use subject to yard, floor area ratio and building height requirements set forth in this title for permitted uses in the districts in which they are located, as well as any additional standards approved by the village board to mitigate potential land use conflicts. (Ord. 2010-04-07, 4-1-2010)

10-10-3: AUTHORIZATION:

Special uses shall be authorized or denied by the president and board of trustees in accordance with the Illinois Compiled Statutes and the regulations and conditions set forth in this title for special uses. No application for a special use shall be acted upon by the president and board of trustees until after a public hearing before the plan commission and a written report of its findings and recommendations has been submitted to the village board of trustees. (Ord. 2010-04-07, 4-1-2010)

10-10-4: PROCEDURE FOR GRANTING SPECIAL USE:

   A.   Initiation Of Special Use: Special uses may be proposed by anyone with a proprietary interest in the subject property.
   B.   Application And Processing: An application for a special use shall be filed with the zoning administrator on a form provided, accompanied by such information as prescribed. The application shall include, at a minimum:
      1.   Legal description and common address of subject property;
      2.   Current plat of survey locating lot lines and all existing structures;
      3.   Existing zoning on subject property and within one hundred feet (100');
      4.   Proposed zoning and land use;
      5.   Ownership or disclosure of beneficial interest;
      6.   Site plan as hereinafter discussed under subsection 10-10A-6C4b of this chapter;
      7.   Tree survey and preservation plan as hereinafter discussed under subsection 10-10A-6C4d of this chapter;
      8.   Written statement addressing anticipated adverse impacts to adjacent properties including, but not limited to, increased traffic and noise, blockage of views, and increased lighting; and
      9.   Other information as may be required by the plan commission to make a recommendation on the request.
   C.   Public Hearing: A public hearing shall be required and conducted in accordance with section 10-11-6 of this title.
   D.   Findings Of Fact And Recommendations By Plan Commission:
      1.   The plan commission shall make findings based upon the evidence presented to it in each specific case with respect to the following:
         a.   Compatibility with surrounding land uses and the general area;
         b.   The zoning classification of property within the general area of the property in question;
         c.   The suitability of the subject property to the uses permitted under the existing zoning classification;
         d.   The trend of development, if any, in the general area of the subject property including recent changes, if any, which have taken place in its zoning classification; and
         e.   The relationship of the existing zoning classification to the comprehensive plan of the village 1 .
      2.   The plan commission shall not recommend the approval of a proposed special use unless it finds that:
         a.   The approval of such special use is in the public interest and not solely for the interest of the applicant;
         b.   The proposed use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of public convenience and will contribute to the general welfare of the neighborhood or community;
         c.   Such use will not, under the circumstances of the particular case, be detrimental to the health, safety, morals or general welfare of persons residing or working in the vicinity or injurious to property values or improvements in the vicinity; and
         d.   The proposed use will comply with the regulations and conditions specified in this title for such use, and with the stipulations and conditions made a part of the authorization granted by the village board of trustees.
   E.   Conditions Of Special Uses: Prior to granting any special use permit, the plan commission may recommend and the village board may approve such conditions and restrictions upon the establishment, construction, location, maintenance and operation of a special use, including, but not limited to, provisions for off street parking and loading, landscaping, screening and yard requirements, as may be deemed necessary for the protection of existing and permitted uses within the applicable district and the promotion of the general objectives of this title. Such required conditions and restrictions shall be included within any approved special use permit ordinance and failure to comply with the requirements incorporated therein shall result in the revocation of said special use permit.
   F.   Action By The Village Board:
      1.   The village board shall not act upon a proposed special use until it shall have received a written report and recommendation from the plan commission on the proposed special use.
      2.   The village board may grant or deny an application for a special use; provided, however, that in case of a written protest against any proposed special use signed and acknowledged by the owners of twenty percent (20%) of the frontage proposed to be altered, or by the owners of twenty percent (20%) of the frontage immediately adjoining or across an alley therefrom, or by the owners of twenty percent (20%) of the frontage directly opposite the frontage proposed to be altered, is filed with the clerk of the village, the special use shall not be passed, except by a favorable vote of two-thirds (2/3) of the trustees then holding office.
      3.   If an application for a proposed special use is not acted upon finally by the village board within ninety (90) days of the date the board receives the plan commissions' recommendations and such time is not extended by mutual consent of the village board and petitioner, it shall be deemed to have been denied. (Ord. 2010-04-07, 4-1-2010)

10-10-5: EFFECT OF DENIAL OF SPECIAL USE:

No application for special use that has been denied by the village board shall be resubmitted for the same site for a period of one year from the date of the order of denial, except on the grounds of new evidence or proof of change of condition found to be valid by the plan commission and the village board. (Ord. 2010-04-07, 4-1-2010)

10-10-6: REPEAL AND REVOCATION OF SPECIAL USE:

   A.   Repeal For Inactivity: In any case where a special use has been granted, it shall be an express condition of the ordinance granting the special use that, in the event the special use has not been implemented within one year following the date of the ordinance, the special use shall automatically be rendered null, void and of no further force or effect and that no further action by the village board shall be necessary to effectuate such nullification. As used herein, the term "implemented" shall mean that: 1) an occupancy permit has been issued, or 2) a building permit has been issued and the applicant is diligently proceeding with the construction of the improvement permitted by such special use.
However, the village board, upon proper application may consider an extension of the one year time frame, such extension not to exceed one additional year, for good cause shown.
   B.   Procedure For Revocation Of A Special Use Permit For Cause:
      1.   Revocation proceedings may be initiated by the village manager or his designee, or the village board.
      2.   Unless the permit holder and the landowner agree in writing that the permit may be revoked, the plan commission shall hold a public hearing to consider and recommend the revocation of the special use permit to the village board.
      3.   The village shall give the permit holder and landowner notice of the scheduled revocation hearing at least fifteen (15) days prior to the date scheduled for such hearing by certified mail, return receipt requested and by posting a letter of notice of hearing on the property at least fifteen (15) days prior to the date scheduled for the hearing.
      4.   The public hearing shall be conducted in accordance with rules of procedure established by the village board. At the conclusion of the public hearing, the plan commission shall forward a recommendation to the village board to either affirm or deny revocation of the special use permit. The recommendation regarding revocation of the special use permit is exempt from subsection 1-5-5B3a of this code. The village board shall take final action regarding the revocation of the special use permit within thirty (30) days of the recommendation of the plan commission.
      5.   No special use permit shall be revoked unless a majority of the village board is satisfied by a preponderance of the evidence that grounds for revocation exist. Any motion for the revocation of a special use permit shall clearly state the grounds for revocation. (Ord. 2016-06-15, 6-2-2016)

10-10A-1: PURPOSE:

   A.   The purpose of the planned development provisions that follow is to promote efficient land patterns that preserve natural resources, provide public amenities, and secure large parcels of permanent open space that will implement the concepts incorporated within the Winfield comprehensive development plan.
   B.   These provisions are intended to encourage and accommodate more creative and imaginative design for land development than would otherwise be possible under the strict application of Winfield's conventional zoning and land subdivision ordinance provisions.
   C.   It is the purpose of this article that the land use patterns which result from these standards will:
      1.   Foster quality development by allowing flexibility in land use and design standards, thereby encouraging innovative site planning;
      2.   Promote more efficient land patterns, in keeping with the Winfield comprehensive development plan, that not only preserve open space and natural resources, but also provide for more economical networks of utilities, streets and other facilities;
      3.   Promote high quality residential environments that include a diversity of dwelling unit types;
      4.   Promote a land use pattern comprised of residential and nonresidential uses that mutually support each other;
      5.   Provide for the permanent preservation of open space for the continued use and enjoyment of the residents of each subdivision;
      6.   Provide for usable and suitably located public and private recreational facilities;
      7.   Encourage developers to provide amenities that enhance the quality of life, both within the planned development, as well as within the community as a whole;
      8.   Encourage a land use pattern that promotes the public health, safety, comfort, morals and welfare; and
      9.   Allow more than one principal building per zoning lot without necessarily requiring processing as a zoning variance or a subdivision when the above purposes can be achieved more efficiently through the planned development process. (Ord. 99-12-16, 12-16-1999)

10-10A-2: SPECIAL USE:

   A.   Planned developments are of such substantially different character from conventional subdivisions or development on individual zoning lots that they require administrative processing as a special use, under the provisions of this article. The special use for a planned development shall be approved in conjunction with the ordinance approving the preliminary plan.
   B.   Because planned developments are complex and of a different character than other special uses, the village has established more specific procedures, standards, and criteria for exceptions from the standards of the underlying zoning districts. The procedures, standards and criteria for exceptions that follow are intended to guide the recommendations of the village board during their review of preliminary and final plans. (Ord. 99-12-16, 12-16-1999)

10-10A-3: PERMITTED USES AND CRITERIA:

Planned developments may include uses and structures not otherwise permitted in the underlying zoning district, provided landscape screening is employed between dissimilar land uses, and the petitioner shows that the planned development accomplishes the standards set forth in this article, achieves the planning goals and objectives of the village (as defined within the Winfield comprehensive development plan) and is compatible with adjacent land uses.
   A.   Residential Planned Developments:
      1.   A residential planned development may be processed for a single type of dwelling unit, but is intended to allow a mixture of dwelling unit types, thereby offering a choice in lifestyle to residents of the development. Nonresidential land uses of a religious, institutional, cultural, recreational, office or commercial character may be permitted in a residential planned development, to the extent that they can be integrated with the residential land use. Where provided, nonresidential uses in a residential planned development shall:
         a.   Not exceed twenty five percent (25%) of the total developable acreage of the development, excluding lakes, streams, floodplains, wetlands and other natural features that will be set aside as "open space", as defined by this title.
         b.   Be compatible in appearance and scale with the residential structures.
      2.   Residential developments may be processed as planned developments when any of the following apply:
         a.   More than one dwelling unit type (for example, single-family detached and apartments) is proposed. For the purpose of this article, "dwelling unit type" shall mean:
            (1)   Single-family detached.
            (2)   Single-family attached.
            (3)   Two-family, or duplex.
            (4)   Patio house.
            (5)   Townhome.
            (6)   Quadraplex (4 units).
            (7)   Apartment, low rise.
         b.   More than one principal building is proposed on a zoning lot.
         c.   More than one land use is proposed for the development.
         d.   A cluster subdivision, or zero lot line arrangement, is proposed.
         e.   A multiple-family development, consisting of three (3) or more acres is proposed.
         f.   A multiple-family development is proposed within an R-6 district adjacent to the TC town center district.
      3.   A residential development area is designated by the adopted Winfield comprehensive development plan to be processed as a planned development.
      4.   Residential planned developments shall meet the standards of chapters 2 and 4 of this title, unless specifically exempted in accordance with the provisions of this article.
   B.   Commercial Planned Developments:
      1.   A commercial planned development may include any of the permitted or special uses listed as permitted or special uses within the TC town center, B-1 general business and B-2 general services districts.
      2.   Commercial developments may be processed as planned developments when any of the following apply:
         a.   More than one building is proposed on a zoning lot.
         b.   A commercial development exceeds three (3) acres in area, and includes more than one type of business use, such as retail, office and/or service uses.
         c.   A commercial development includes residential dwelling units.
         d.   A commercial development area is designated by the adopted Winfield comprehensive development plan to be processed as a planned development.
      3.   Commercial planned developments shall meet the standards of chapters 2 and 5 of this title, unless specifically exempted in accordance with the provisions of this article.
   C.   Industrial Planned Developments:
      1.   An industrial planned development may include any use permitted within the L-1 industrial district, exclusive of any type of residential dwelling unit.
      2.   A proposed industrial development may be processed as a planned development when any of the following apply:
         a.   The development consists of ten (10) or more acres.
         b.   More than one building is proposed on a zoning lot.
         c.   The planned development includes other commercial or support services that warrant special consideration by the board to assure that potential hazards associated with dissimilar land uses are minimized and involve an acceptable level of potential conflict.
         d.   An industrial development area is designated by the adopted Winfield comprehensive development plan to be processed as a planned development.
      3.   Industrial planned developments shall meet the standards of chapters 2 and 7, and chapter 7, article A of this title, unless specifically exempted in accordance with the provisions of this article. (Ord. 99-12-16, 12-16-1999)
   D.   Roosevelt And Winfield Road Corridor - Planned Development (RW-PD) District:
      1.   General Objectives: Overall land use and design objectives for development within Roosevelt and Winfield Road corridor - planned development district (RW-PD) include:
         a.   Stores, restaurants, open space, and workplaces should be located in close proximity to each other to create an integrated development that is pedestrian oriented. Single lot, single use developments shall be discouraged.
         b.   Open space shall be incorporated into each development within the RW-PD to provide opportunities for conservation of natural resources, alternative methods to stormwater management, and attractive pathways and gathering places.
         c.   New development shall respect the residential character of nearby areas through establishment of transitional zones, adequate setbacks, landscape buffer areas, minimum lighting levels, and screening between such residential areas and incompatible uses.
         d.   Future road access points should be minimized and coordinated with existing and planned streets as shown in the village's comprehensive plan.
         e.   The opportunity for cut-through traffic in residential areas should be prohibited where feasible.
         f.   The identity and image of the Roosevelt and Winfield Road corridors should be enhanced with landscaping, streetscape elements, and infrastructure improvements.
      2.   General Design Standards Applicable To All Uses:
         a.   Land Use Allocation: All land uses shall conform to the intent of the village of Winfield comprehensive plan, as amended. The standards below shall serve as guidelines in the review of a specific project.
            (1)   Any development within the RW-PD district should reserve and maintain thirty percent (30%) of the total site area for open space. Any area designed with pervious pavers or other pavement system that allows for water infiltration as approved by the village, shall be included in the open space standard. This open space should include preservation of wetlands and other high quality natural areas through conservation and relocation to extent practical to achieve the overall development goal of the RW-PD district.
            (2)   The balance of the land within the RW-PD district should consist of a mix of nonresidential uses that conforms to the intent of the comprehensive plan.
            (3)   The percent of nonretail uses should be limited to no more than twenty percent (20%) of the total commercial square footage. (Ord. 2015-01-01, 1-15-2015)
         b.   Minimum Development Size: No single development shall be permitted on a site less than seven (7) acres, except where the development is a component of an approved planned development project that is equal to, or greater than seven (7) acres in total. (Ord. 2015-05-18, 5-21-2015)
         c.   Building Height: Maximum height limitations shall be specified with the granting of an RW-PD special use permit and shall be consistent with the recommendations of the village's comprehensive plan for the Roosevelt and Winfield Road key development area.
         d.   Building Setbacks:
            (1)   Buildings adjacent to an arterial street: One hundred foot (100') minimum required for all uses along Roosevelt and Winfield Roads. If there is no parking or drive aisle between the building and such road, the building setback may be reduced to fifty feet (50').
               (A)   Seventy five foot (75') minimum required for all uses along other public roads when facing or directly across the street from a residential use. If there is no parking or drive aisle between the building and such road, the building setback may be reduced to thirty five feet (35').
               (B)   Fifty foot (50') minimum required for all uses along other public roads when facing or directly across the street from a nonresidential use. If there is no parking or drive aisle between the building and such road, the building setback may be reduced to twenty feet (20').
            (2)   Buildings not adjacent to a public street (internal setbacks): No minimum requirement. All setbacks between buildings not adjacent to a public street shall be determined by the plan commission on the basis of the merits of the proposed planned development.
            (3)   Buildings adjacent to residential uses: One hundred foot (100') minimum required building setback for all nonresidential uses that are adjacent to an existing or planned residential use. Parking or drive aisles shall not be permitted in the one hundred foot (100') setback area.
            (4)   In all other instances the yard setbacks shall be established as part of the planned development special use permit.
   BUILDING SETBACKS
 
Street Type And Adjacent Use
Arterial Road
Collector Or
Local Public Road
Private Road
(Internal)
Residential Use
Residential
Use
Nonresidential
Use
Minimum setback
100 feet
75 feet
50 feet
To be determined by village
100 feet
Minimum setback with no parking or drive aisle in front of building
50 feet
35 feet
20 feet
To be determined by village
100 feet
 
         e.   Access And Circulation:
            (1)   Sidewalks: A sidewalk at least five feet (5') in width shall be provided adjacent to all public and private streets, and buildings, and shall be protected from travel lanes with bollards, raised plant beds/seat walls, or other similar streetscape element, unless otherwise provided in the planned development special use permit ordinance.
            (2)   Bike And Pedestrian Paths:
               (A)   A system of pedestrian and bicycle trails shall be incorporated into the design of all developments within the RW-PD district. All developments within the RW-PD district shall be required to coordinate connection points between existing and proposed trails on adjoining private or public properties in order to further the village's objective to create a unified trail system.
               (B)   All commercial parking lots or other outdoor spaces such as plazas, courtyards, squares and gardens shall be provided with pedestrian circulation systems, such as sidewalks, paths, and marked crosswalks. These systems shall connect all portions of the site to each of the establishments.
            (3)   Bike Storage:
               (A)   For off street automobile parking facilities of twenty (20) spaces or more, bicycle parking spaces shall be equal to five percent (5%) of the required number of automobile parking spaces.
               (B)   Bicycle parking shall be located in safe and convenient locations near the primary building entrance.
            (4)   Site Access:
               (A)   Access points into developments within the RW-PD district should be minimized and be aligned with existing public and private roads. Any required improvements to adjacent roads will be the responsibility of the developer, as may be recommended by the village traffic planning or engineering consultant, or by other governmental agencies having jurisdiction over such roads, in response to a traffic study required for the project(s). Required road improvements shall be set forth in the planned development special use permit ordinance.
               (B)   When appropriate cross access easements and the use of shared curb cuts are required between development sites.
            (5)   Parking Areas:
               (A)   Concrete curbs shall be provided around the perimeters of all off street parking lots, and all internal private roads.
               (B)   The use of permeable paving systems or other innovative stormwater management systems is encouraged.
         f.   Landscaping, Buffering, And Screening:
            (1)   Minimum Size Of Plant Materials: The intent of these standards is to ensure that vegetation when installed has a mature appearance and more immediate effect in buffering adjacent nonresidential uses, while improving the overall appearance and quality of each development. Trees and shrubs used for landscaping shall conform to the following minimum standards upon installation:
Evergreen trees: Not less than eight feet (8') in height.
Ornamental trees: Not less than ten feet (10') in height.
Shade trees: Not less than three and one-half inches (3.5") in caliper, as measured six inches (6") above grade.
Shrubs: Not less than twenty four inches (24") in height, unless used for screening, in which case shrubs shall not be less than four feet (4') in height.
            (2)   Buffer Yards:
               (A)   Minimum buffer yard dimensions: One hundred feet (100') when a nonresidential use is adjacent to a residential use.
Fifty feet (50') adjacent to an arterial road.
Thirty five feet (35') adjacent to a collector and local roads when across the street from a residential use.
Twenty feet (20') when a nonresidential use is across the street from another nonresidential use.
   BUFFER YARD SETBACKS
 
Nonresidential Use
Street Type And Adjacent Use
Arterial
Road
Collector Or Local Public
Road When Across
The Street From
A Residential Use
Across The
Street From Non-
residential Use
Residential
Use
Minimum setback
50 ft.
35 ft.
20 ft.
100 ft.
 
               (B)   A landscape buffer yard shall be required along the full length of Roosevelt and Winfield Roads, and adjacent to residential uses, and all other public roads within the RW-PD district, and shall include an undulating berm having an average height of five feet (5') with a three to one (3:1) slope. The final design of such berm shall be approved as part of a final planned development plan.
               (C)   No buildings or parking area shall be permitted within a required buffer yard.
               (D)   Unless otherwise provided, internal buffer yards between buildings or uses shall be as defined in the planned development special use permit ordinance.
            (3)   Minimum Density Of Plant Materials In Buffer Yards: The following table classifies buffer yards into two (2) categories (A and B). To calculate the minimum number of plants required in a buffer yard, the length of one side of a property should be divided by one hundred feet (100') and multiplied by the number of plants shown in the appropriate illustration.
      BUFFER YARD DENSITY1
 
Proposed Land Use
Adjacent Land Use
Single-Family
Residential
Commercial
Arterial
Roads
Collector
Roads
Single-family residential
n/a
B
B2
A
Multi-family residential
B
B
B2
A
Commercial
B
n/a
B2
A
 
   Notes:
      1.    All buffer yard plantings are required to consist of at least 20 percent perennial and annual beds.
      2.    Requires use of an undulating berm, masonry wall, or wood fence or a combination of these elements.
            (4)   Parkways And Street Trees:
               (A)   All dedicated and private collector roads shall include a minimum twelve foot (12') parkway strip between the sidewalk and the roadway.
               (B)   All dedicated and private collector roads shall have street trees within the parkway strip on both sides of the street, with not less than one tree for every thirty five (35) linear feet of right of way, provided, however, that clustered landscape designs that provide a more creative parkway treatment are encouraged.
               (C)   All parkways and other areas to be grassed shall be sodded grass and not seeded.
            (5)   Parking Lots And Screening:
               (A)   Subject to subsections D2f(5)(A)(i) and D2f(5)(A)(ii) of this section, all parking lots shall include landscape islands at a ratio of one landscaped island for every fifteen (15) parking spaces, such that no parking space may be greater than one hundred thirty five feet (135') away from a landscape island. Each island shall be a minimum of ten feet by twenty feet (10' x 20') in size and shall be concrete curbed and ground covered and shall include at least one tree in addition to other shrubs and plant materials.
   (i)   The maximum spacing requirement between parking spaces and landscaped islands may be varied to allow for a lesser number of larger landscaped islands to be provided, which islands shall be of sufficient size to sustain a diversity of plant material and shall be designed and placed within the parking lot in a nongrid fashion in order to create relief in the monotonous layout of the parking lot; and
   (ii)   All landscaped islands shall be irrigated.
               (B)   Within the setback area between the parking lot and public or private road, not less than one tree shall be provided for every two (2) parking spaces within a distance of thirty feet (30') of the parking areas.
               (C)   Parking lots that are not otherwise fully screened from the public right of way shall be screened with a hedge, berm, or similar treatment covering one hundred percent (100%) of the width of the parking lot.
   (i)   Hedges should be maintained between thirty inches (30") and forty inches (40") in height.
   (ii)   A solid screen may be achieved by clustering shrubs beneath shade or ornamental trees, by using evergreen trees, berms or any mix thereof, or by providing a six foot (6') solid commercial grade wood fence or masonry wall along the length of the property.
   (iii)   Shrubs shall be spaced at a maximum of four feet (4') on center.
               (D)   Loading docks, service yards, trash receptacles, and open storage yards shall be screened one hundred percent (100%) from view from the public right of way and adjacent properties by a masonry wall, or year round evergreen landscaping, except for entry to such facilities. Such entry shall be gated, with a gate height minimum of six feet (6').
            (6)   Foundation Landscaping:
               (A)   There should be sufficient quantities of shade, ornamental, and evergreen trees, shrubs and ground cover to adequately screen unattractive views at the side and rear of adjacent buildings.
               (B)   At minimum, an eight foot (8') wide landscape area should be provided adjacent to all building walls (excluding driveways, entrance areas, covered walkways, service and delivery areas).
               (C)   Foundation landscape areas shall be planted with a balance of understory and evergreen trees, shrubs, annual and perennial flowers, and ground covers, designed to provide year round colors.
               (D)   Foundation landscape plantings should emphasize the softening of large expanses of building walls length and height, accent building entrances and architectural features and screen mechanical equipment adjacent to buildings.
            (7)   Tree Preservation: Tree preservation shall be required for all developments within the RW-PD district in accordance with section 10-2-15 of this title.
            (8)   Landscape Maintenance: All landscape areas shall be irrigated.
         g.   Building And Site Design:
            (1)   Compliance: Building and site design should comply with the "Commercial Design Guidelines Manual" of the village of Winfield, as amended.
            (2)   Mechanical Equipment: Roof mounted heating, ventilation and air conditioning equipment (excluding roof vents), ductwork, air compressors, and other fixed operating machinery shall be fully screened from public view with architectural treatments that complement the overall design of the structure.
         h.   Lighting:
            (1)   Light fixtures shall not produce glare on adjacent residential properties. To achieve this, luminaries shall be shielded to prevent light shining beyond the lot lines onto neighboring properties, and light levels shall not exceed 0.2 foot-candle measured at the property line.
            (2)   All light fixtures, with the exception of decorative fixtures used in pedestrian areas when expressly approved by the village, shall consist of flush mounted, cutoff lighting, such that no part of the bulb or fixture lens extends below the fixture housing.
            (3)   All light fixtures shall use white, metal halide LED equivalent light bulbs, except where such options are not available for decorative fixtures.
            (4)   Light poles shall not exceed twelve feet (12') in height within two hundred feet (200') of the property boundary. Beyond two hundred feet (200'), light poles shall not exceed thirty feet (30').
            (5)   For buildings and ground surfaces the following average maintained levels of illumination shall not be exceeded:
 
Building And Monuments (Floodlighted)
Foot-Candle
 
Light surfaces
5.0
 
Medium light surfaces
10.0
 
Medium dark surfaces
15.0
 
Dark surfaces
20.0
 
Parking areas
4.5
 
Building entrances and exits
2.0
 
Notwithstanding the foregoing, the village may authorize higher levels of illumination for certain uses upon a determination that demonstrates that the level of light produced from the site will not negatively impact adjacent property or the character of the village, and is needed to enhance public safety.
            (6)   All developments shall submit a photometric study and plan indicating light levels for buildings and parking areas within the entire site.
            (7)   Light level measurements shall be in preformed in accordance with the "Illuminating Engineering Society Of North America, IES Lighting Handbook" standards.
         i.   Signs:
            (1)   Compliance: All signs shall comply with the sign regulations of section 10-2-16-4, "Unified Business Center Sign Plan", of this title, and title 9, chapter 3, "Signs", of this code, with the following exceptions: Pole signs shall be prohibited.
            (2)   Number Of Signs Permitted Per Zoning Lot:
               (A)   Each zoning lot shall be allowed one sign; provided that any lot with more than one thousand (1,000) linear feet of frontage on any single street shall be permitted one sign for every one thousand (1,000) linear feet or fraction thereof of such street frontage.
            (3)   Sign Design Standards:
               (A)   The colors and materials of signs shall be similar to and compatible with the architectural style, colors and materials of the related building. Every sign shall be designed as an integral architectural element of the building and site to which it relates.
               (B)   The number of graphic elements on a sign shall be held to the minimum needed to convey the sign's message and shall be composed in proportion to the area of the sign face.
         j.   Underground Utilities: All utilities, including electric, telephone, gas and cable within and along all public and private roads shall be installed underground.
         k.   Utility Meters/Transformers:
            (1)   Wall mounted utility meters shall not be mounted on the front elevation of a building.
            (2)   Wall mounted utility meters and ground supported transformers shall be painted to match the nearest building.
            (3)   If visible from residential areas or the public right of way, meters and transformers shall be screened by landscaping equal in height to the tallest meter or transformer. (Ord. 2015-01-01, 1-15-2015)
   E.   St. Charles Road Corridor - Planned Development (SC-PD) District:
      1.   General Objectives: Overall land use and design objectives for development within St. Charles Road corridor - planned development district (SC-PD) include: Stores, restaurants, open space, multiple-family dwelling, and offices should be located in close proximity to each other to create an integrated development that is pedestrian oriented. Single lot, single use developments shall be discouraged.
         a.   Open space shall be incorporated into each development within the SC-PD to provide opportunities for conservation of natural resources, alternative methods to stormwater management, and attractive pathways and gathering places.
         b.   New development shall provide dedicated access to the Great Western Trail bike path at multiple locations to allow ease of access and encourage use of the path. Linkages between the Great Western Trail and the Steven M. Ravenesi Trail should be made to provide a continuous trail system.
         c.   Access points to St. Charles Road should be limited to connecting with internal access roads, not individual lots or units.
         d.   The identity and image of the St. Charles Road corridors should be enhanced with landscaping, berming, streetscape elements, and infrastructure improvements.
      2.   General Design Standards Applicable To All Uses:
         a.   Land Use Allocation: All land uses shall conform to the intent of the village of Winfield comprehensive plan, as amended. The standards below shall serve as guidelines in the review of a specific project.
            (1)   Any development within the SC-PD district should reserve and maintain thirty percent (30%) of the total site area for open space. Any area designed with pervious pavers or other pavement system that allows for water infiltration as approved by the village, shall be included in the open space standard. This open space should include preservation of wetlands and other high quality natural areas through conservation and relocation to the extent practical to achieve the overall development goal of the SC-PD district.
            (2)   The balance of the land within the SC-PD district shall consist of a mix of commercial and high density residential uses that conforms to the intent of the comprehensive plan.
            (3)   The percent of nonretail uses within areas identified in the comprehensive plan for retail uses should be limited to no more than twenty percent (20%) of the total retail square footage.
         b.   Minimum Development Size:
            (1)   High Density Multiple-Family Residential: No single development shall be permitted on a site less than three (3) acres, except where the development is a component of an approved planned development project that is equal to, or greater than three (3) acres in total.
            (2)   Site Consolidation Incentive: Development sites ten (10) acres or greater shall be eligible for a ten percent (10%) density bonus.
            (3)   Moderate Density Multiple-Family Residential (Townhomes, Row Houses, Duplexes): No single development shall be permitted on a site less than three (3) acres, except where the development is a component of an approved planned development project that is equal to, or greater than three (3) acres in total.
            (4)   Site Consolidation Incentive: Development sites six (6) acres or greater shall be eligible for a ten percent (10%) density bonus.
      3.   Building Height And Residential Density: Maximum height limitations and density of residential developments shall be specified with the granting of an SC-PD special use permit, and shall be consistent with the recommendations of the village's comprehensive plan for the St. Charles Road key development area.
      4.   Building Setbacks:
         a.   High Density Multiple-Family Residential:
            (1)   One hundred twenty five foot (125') average setback, with no building less than fifty feet (50') from the road, required for all high density residential uses along St. Charles Road. If there is no parking or drive aisle between the building and such roads, the building setback may be reduced to an average of seventy five feet (75'), with no building less than thirty feet (30') from the road.
            (2)   Seventy five foot (75') average setback, with no building less than thirty feet (30') from the road, required for all high density residential uses along other public roads. If there is no parking or drive aisle between the building and such roads, the building setback may be reduced to an average of fifty feet (50'), with no building less than thirty feet (30') from the road.
            (3)   All setbacks for buildings not adjacent to a public street shall be determined by the plan commission on the basis of the merits of the proposed planned development.
            (4)   In all other instances the yard setbacks shall be established as part of the planned development special use permit.
         b.   Moderate Density Multiple-Family Residential (Townhomes, Row Houses, Duplexes):
            (1)   Fifty foot (50') minimum setback required for all moderate density residential uses along St. Charles Road.
            (2)   Twenty foot (20') minimum setback required for all moderate density residential uses along other public or private roads.
            (3)   In all other instances the yard setbacks shall be established as part of the planned development special use permit.
         c.   Nonresidential Uses:
            (1)   Buildings adjacent to a public street:
               (A)   For development sites two (2) acres or less consisting of small neighborhood retail or office centers, a twenty five foot (25') minimum required setback for all uses adjacent to a public street. If there is no parking or drive aisle between the building and such road, the building setback may be reduced to fifteen feet (15').
               (B)   For development sites greater than two (2) acres, a fifty foot (50') minimum required setback for all uses adjacent to a public street. If there is no parking or drive aisle between the building and such road, the building setback may be reduced to thirty feet (30').
            (2)   Buildings not adjacent to a public street (internal setbacks): No minimum requirement. All setbacks between buildings not adjacent to a public street shall be determined by the plan commission on the basis of the merits of the proposed planned development.
            (3)   Buildings adjacent to residential uses: Fifty foot (50') minimum required for all nonresidential uses that are adjacent to an existing or planned residential use.
            (4)   In all other instances the yard setbacks shall be established as part of the planned development special use permit.
      BUILDING SETBACKS
      HIGH DENSITY MULTIPLE-FAMILY USE
 
Street Type And Adjacent Use
Arterial Road
Collector Or
Local Public Road
Residential Use
Setback
125 ft. average
50 ft. minimum
75 ft. average
50 ft. minimum
n/a
Setback with no parking or drive aisle in front of building
75 ft. average
30 ft. minimum
50 ft. average
30 ft. minimum
n/a
 
      BUILDING SETBACKS
      MODERATE DENSITY MULTIPLE-FAMILY USE
 
Street Type And Adjacent Use
Arterial Road
Collector Or
Local Public Road
Residential Use
Minimum setback
50 ft.
20 ft.
n/a
 
      BUILDING SETBACKS
      NONRESIDENTIAL USE
 
Street Type And Adjacent Use
Arterial Road
Collector Or
Local Public Road
Residential Use
Minimum setback
50 ft. for properties greater than 2 acres
25 ft. for properties 2 acres or less
50 ft.
Setback with no parking or drive aisle in front of building
30 ft. for properties greater than 2 acres
15 ft. for properties 2 acres or less
50 ft.
 
      5.   Lot Coverage:
         a.   Residential multi-family or attached: No more than forty percent (40%).
         b.   Mixed use: No more than forty percent (40%).
      6.   Access And Circulation:
         a.   Sidewalks:
            (1)   Residential uses: A sidewalk at least five feet (5') in width shall be provided adjacent to all public and private streets, in accordance with the requirements of the village land subdivision development ordinance, title 11 of this code.
            (2)   Commercial uses: A sidewalk at least five feet (5') in width shall be provided adjacent to all public and private streets, and buildings, and shall be protected from travel lanes with bollards, raised plant beds/seat walls, or other similar streetscape element, unless otherwise provided in the planned development special use permit ordinance.
         b.   Bike And Pedestrian Paths:
            (1)   Incorporated Into Design Of All Developments: A system of pedestrian and bicycle trails shall be incorporated into the design of all developments within the SC-PD district, in accordance with the trail system recommended in the village's comprehensive plan. All developments within the SC-PD district shall be required to coordinate connection points between existing and proposed trails on adjoining private or public properties in order to further the village's objective to create a unified trail system.
            (2)   Commercial Parking Lots Or Other Outdoor Spaces: All commercial parking lots or other outdoor spaces such as plazas, courtyards, squares and gardens shall be provided with pedestrian circulation systems, such as sidewalks, paths, and marked crosswalks. These systems shall connect all portions of the site to each of the commercial establishments.
            (3)   Bike Storage:
               (A)   For off street automobile parking facilities of twenty (20) spaces or more, bicycle parking spaces shall be equal to five percent (5%) of the required number of automobile parking spaces.
               (B)   Bicycle parking shall be located in safe and convenient locations near the primary building entrance.
         c.   Site Access:
            (1)   Access points into developments within the SC-PD district should be minimized and be aligned with existing public and private roads, where feasible. Any required improvements to adjacent roads will be the responsibility of the developer, as may be recommended by the village traffic planning or engineering consultant, or by other governmental agencies having jurisdiction over such roads, in response to a traffic study required for the project(s). Required road improvements shall be set forth in the planned development special use permit ordinance.
            (2)   When appropriate cross access easements and the use of shared curb cuts are required between development sites.
         d.   Parking Areas:
            (1)   Concrete curbs shall be provided around the perimeters of all off street parking lots, and all internal private roads.
            (2)   The use of permeable paving systems or other innovative stormwater management systems is encouraged.
      7.   Landscaping, Buffering, And Screening:
         a.   Minimum Size Of Plant Materials: The intent of these standards is to ensure that vegetation when installed has a mature appearance and more immediate effect in buffering adjacent nonresidential uses, while improving the overall appearance and quality of each development. Trees and shrubs used for landscaping shall conform to the following minimum standards upon installation:
            (1)   Evergreen trees: Not less than eight feet (8') in height.
            (2)   Ornamental trees: Not less than ten feet (10') in height.
            (3)   Shade trees: Not less than three and one-half inches (3.5") in caliper, as measured six inches (6") above grade.
            (4)   Shrubs: Not less than twenty four inches (24") in height, unless used for screening, in which case shrubs shall not be less than four feet (4') in height.
         b.   Buffer Yards:
            (1)   Minimum buffer yard dimensions:
               (A)   High density multiple-family: Thirty feet (30') adjacent to an arterial road.
Thirty feet (30') adjacent to a collector and local roads.
               (B)   Moderate density multiple-family: Thirty feet (30') adjacent to an arterial road.
Twenty feet (20') adjacent to a collector and local roads.
               (C)   Nonresidential: Thirty feet (30') adjacent to an arterial road, for properties greater than two (2) acres.
Fifteen feet (15') adjacent to an arterial road, for properties two (2) acres or less.
Fifty feet (50') adjacent to a residential use.
            (2)   A landscape buffer yard shall be required along the full length of all public roads within the SC-PD district, and shall include an undulating berm having an average height of five feet (5') with a three to one (3:1) slope. The final design of such berm shall be approved as part of a final planned development plan.
               (A)   No buildings or parking area shall be permitted within a required buffer yard.
               (B)   Unless otherwise provided, internal buffer yards between buildings or uses shall be as defined in the planned development special use permit ordinance.
      BUFFER YARD SETBACKS
      HIGH DENSITY MULTIPLE-FAMILY USE
 
Street Type And Adjacent Use
Arterial Road
Collector Or
Local Public Road
Residential Use
Minimum setback
30 ft.
30 ft.
n/a
 
      BUFFER YARD SETBACKS
      MODERATE DENSITY MULTIPLE-FAMILY USE
 
Street Type And Adjacent Use
Arterial Road
Collector Or
Local Public Road
Residential Use
Minimum setback
30 ft.
20 ft.
n/a
 
      BUFFER YARD SETBACKS
      NONRESIDENTIAL USE
 
Street Type And Adjacent Use
Arterial Road
Collector Or
Local Public Road
Residential Use
Minimum setback
30 ft. for properties greater than 2 acres
30 ft. for properties greater than 2 acres
 
15 ft. for properties 2 acres or less
50 ft.
 
         c.   Minimum Density Of Plant Materials In Buffer Yards:
            (1)   The following table classifies buffer yards into two (2) categories (A and B). To calculate the minimum number of plants required in a buffer yard, the length of one side of a property should be divided by one hundred feet (100') and multiplied by the number of plants shown in the appropriate illustration.
      BUFFER YARD DENSITY1
 
Proposed
Land Use
Adjacent Land Use
Single-Family
Residential
Commercial
Arterial Roads
Collector
Roads
Single-family residential
n/a
B
B 2
A
Multi-family residential
B
B
B2
A
Commercial
B
n/a
B2
A
 
   Notes:
       1.    All buffer yard plantings are required to consist of at least 20 percent perennial and annual beds.
       2.    Requires use of an undulating berm, masonry wall, or wood fence or a combination of these elements.
         d.   Parkways And Street Trees:
            (1)   All public dedicated roads and private collector and internal roads shall include a minimum twelve foot (12') parkway strip between the sidewalk and the roadway.
            (2)   All public dedicated roads and private collector roads shall have street trees within the parkway strip on both sides of the street, with not less than one tree for every thirty five (35) linear feet of right of way, provided, however, that clustered landscape designs that provide a more creative parkway treatment are encouraged.
            (3)   All parkways and other areas to be grassed shall be sodded grass and not seeded.
         e.   Parking Lots And Screening:
            (1)   Subject to subsections E7e(1)(A) and E7e(1)(B) of this section, all parking lots shall include landscape islands at a ratio of one landscaped island for every fifteen (15) parking spaces, such that no parking space may be greater than one hundred thirty five feet (135') away from a landscape island. Each island shall be a minimum of ten feet by twenty feet (10' x 20') in size and shall be concrete curbed and ground covered and shall include at least one tree in addition to other shrubs and plant materials.
               (A)   The maximum spacing requirement between parking spaces and landscaped islands may be varied to allow for a lesser number of larger landscaped islands to be provided, which islands shall be of sufficient size to sustain a diversity of plant material and shall be designed and placed within the parking lot in a nongrid fashion in order to create relief in the monotonous layout of the parking lot; and
               (B)   All landscaped islands shall be irrigated.
            (2)   Within the setback area between the parking lot and public or private road, not less than one tree shall be provided for every two (2) parking spaces within a distance of thirty feet (30') of the parking areas.
            (3)   Parking lots that are not otherwise fully screened from the public right of way shall be screened with a hedge, berm, or similar treatment covering one hundred percent (100%) of the width of the parking lot.
               (A)   Hedges should be maintained between thirty inches (30") and forty inches (40") in height.
               (B)   A solid screen may be achieved by clustering shrubs beneath shade or ornamental trees, by using evergreen trees, berms or any mix thereof, or by providing a six foot (6') solid commercial grade wood fence or masonry wall along the length of the property.
               (C)   Shrubs shall be spaced at a maximum of four feet (4') on center.
            (4)   Loading docks, service yards, trash receptacles, and open storage yards shall be screened one hundred percent (100%) from view from the public right of way and adjacent properties by a masonry wall, or year round evergreen landscaping, except for entry to such facilities. Such entry shall be gated, with a gate height minimum of six feet (6').
         f.   Foundation Landscaping:
            (1)   There should be sufficient quantities of shade, ornamental, and evergreen trees, shrubs and ground cover to adequately screen unattractive views at the side and rear of adjacent buildings.
            (2)   At minimum, an eight foot (8') wide landscape area should be provided adjacent to all building walls (excluding driveways, entrance areas, covered walkways, service and delivery areas).
            (3)   Foundation landscape areas shall be planted with a balance of understory and evergreen trees, shrubs, annual and perennial flowers, and ground covers, designed to provide year round colors.
            (4)   Foundation landscape plantings should emphasize the softening of large expanses of building walls length and height, accent building entrances and architectural features and screen mechanical equipment adjacent to buildings.
         g.   Tree Preservation: Tree preservation shall be required for all developments within the SC-PD district in accordance with section 10-2-15 of this title.
         h.   Landscape Maintenance: All landscape areas shall be irrigated.
      8.   Building And Site Design: Building and site design should comply with the "Residential And Commercial Design Guidelines Manual" of the village of Winfield, as amended.
      9.   Mechanical Equipment: Roof mounted heating, ventilation and air conditioning equipment (excluding roof vents), ductwork, air compressors, and other fixed operating machinery shall be fully screened from public view with architectural treatments that complement the overall design of the structure.
      10.   Lighting:
         a.   Light fixtures shall not produce glare on adjacent residential properties. To achieve this, luminaries shall be shielded to prevent light shining beyond the lot lines onto neighboring properties, and light levels shall not exceed 0.2 foot-candle measured at the property line.
         b.   All light fixtures, with the exception of decorative fixtures used in pedestrian areas when expressly approved by the village, shall consist of flush mounted, cutoff lighting, such that no part of the bulb or fixture lens extends below the fixture housing.
         c.   All light fixtures shall use white, metal halide LED equivalent light bulbs, except where such options are not available for decorative fixtures.
         d.   Light poles shall not exceed twelve feet (12') in height within residential projects, and shall not exceed thirty feet (30') within commercial projects.
         e.   For buildings and ground surfaces the following average maintained levels of illumination shall not be exceeded:
 
Building And Monuments (Floodlighted)
Foot-Candle
 
Light surfaces
5.0
 
Medium light surfaces
10.0
 
Medium dark surfaces
15.0
 
Dark surfaces
20.0
 
Parking areas
4.5
 
Building entrances and exits
2.0
 
Notwithstanding the foregoing, the village may authorize higher levels of illumination for certain uses upon a determination that demonstrates that the level of light produced from the site will not negatively impact adjacent property or the character of the village, and is needed to enhance public safety.
         f.   All developments shall submit a photometric study and plan indicating light levels for buildings and parking areas within the entire site.
         g.   Light level measurements shall be in preformed in accordance with the "Illuminating Engineering Society Of North America, IES Lighting Handbook" standards.
      11.   Commercial Signs:
         a.   Compliance With Sign Regulations: All commercial signs shall comply with the sign regulations of section 10-2-16-4, "Unified Business Center Sign Plan", of this title, and title 9, chapter 3, "Signs", of this code, with the following exceptions: Pole signs shall be prohibited.
         b.   Number Of Signs Permitted Per Zoning Lot: Each zoning lot shall be allowed one sign; provided that any lot with more than one thousand (1,000) linear feet of frontage on any single street shall be permitted one sign for every one thousand (1,000) linear feet or fraction thereof of such street frontage.
         c.   Sign Design Standards:
            (1)   The colors and materials of signs shall be similar to and compatible with the architectural style, colors and materials of the related building. Every sign shall be designed as an integral architectural element of the building and site to which it relates.
            (2)   The number of graphic elements on a sign shall be held to the minimum needed to convey the sign's message and shall be composed in proportion to the area of the sign face.
      12.   Underground Utilities: All utilities, including electric, telephone, gas and cable within and along all public and private roads shall be installed underground.
      13.   Utility Meters/Transformers:
         a.   Wall mounted utility meters shall not be mounted on the front elevation of a building.
         b.   Wall mounted utility meters and ground supported transformers shall be painted to match the nearest building.
         c.   If visible from residential areas or the public right of way, meters and transformers shall be screened by landscaping equal in height to the tallest meter or transformer. (Ord. 2015-01-02, 1-15-2015)

10-10A-4: GENERAL PROVISIONS:

   A.   General:
      1.   Traditional development controls, as set forth in the zoning and land subdivision ordinances, may constrain imaginative development. Therefore, it is the intent of these provisions to permit review of integrated site proposals on their own merits, where they afford the village amenities and benefits which enhance the quality of life due to unified planning and design, as defined by the Winfield comprehensive development plan's planning and design guidelines.
      2.   These provisions are not intended as a means to circumvent the procedures or standards of Winfield's zoning and land subdivision ordinances, thereby allowing a lower standard of development than would otherwise be permitted under the strict interpretation of these codes. Rather, they are intended to take advantage of particular site characteristics, increase the flexibility and originality of design, provide more open space and public amenities (than otherwise required), promote the protection of high quality natural resources, and establish better transitions between dissimilar land uses.
      3.   All land subdivisions shall meet or exceed the standards required by title 11 of this code, as amended from time to time, unless specifically exempted by approval of the village board.
      4.   The following additional standards shall govern planned developments and the village board may approve exceptions from these standards when determined appropriate to achieve the objectives set forth in the purpose statement of this article:
         a.   Ownership: The proposed planned development shall be under the unified control of the petitioner, as defined by this title.
         b.   Comprehensive Development Plan: The proposed planned development shall be consistent with the Winfield general development plan and other planning objectives established for the village.
         c.   Compatibility: Uses permitted in a planned development shall be compatible with surrounding land uses.
         d.   Subdivision: Unless otherwise approved by the village board, a plat of subdivision shall be required in accordance with procedures set forth in title 11 of this code, as amended from time to time.
         e.   Yards: The required yards along the periphery of a planned development shall be at least equal in depth to those of the underlying zoning district, or the adjacent zoning district, whichever is greater. The village board may recommend greater setbacks from the boundary line of a planned development when determined to be necessary to protect the privacy of residents within both existing and proposed subdivisions adjacent to the planned development.
         f.   Sidewalks: Sidewalks shall be constructed on both sides of all streets in residential, business, and office planned developments unless an alternative system is provided (internal to the development) that provides adequate connection between the development and adjacent properties and activity areas. In addition, walks shall be planned to provide convenient access for pedestrians between residential blocks and from cul-de-sacs to adjacent blocks and public activity areas.
         g.   Public Streets:
            (1)   All streets shall be publicly dedicated, and constructed in accordance with applicable standards contained in title 11 of this code, as amended from time to time.
            (2)   The plan commission may recommend and village board may approve reduced rights of way or pavement width in residential subdivisions, if it is determined appropriate for maintaining the character of the area or preserving natural features.
         h.   Vehicular Access: Points of vehicular ingress and egress to the site shall be minimized to maintain the safety and operational efficiency of Winfield's major roadways and collector roadways.
         i.   Screening: Where a nonresidential use abuts, or is across the street from a residential or institutional use, screening shall be provided as recommended by the plan commission and approved by the village board.
         j.   Underground Utilities: All utilities (including electric, telephone, gas and cable TV) shall be installed underground.
         k.   Tree Replacement: Where determined appropriate by the village board, trees greater than six inches (6") in caliper, as measured twelve inches (12") above grade, that are identified to be removed for construction, shall be replaced in accordance with a landscape plan that is subject to review and approval by the village board.
         l.   Standards: All activities associated with a business, office, or mixed use planned development shall conform with the standards established for nonresidential uses by chapters 2 and 7 of this title.
         m.   Preliminary Plan Approval: Preliminary approval of a planned development by the village board shall be rendered null and void, without further action by the village board, in the event that the petitioner has failed to obtain final planned development approval for at least the first phase of the development within twenty four (24) months of the date of the preliminary approval.
         n.   Final Plan Approval: A valid application for final plan approval shall be submitted within eighteen (18) months of the date of village board approval of a preliminary plan. (Ord. 99-12-16, 12-16-1999)
         o.   Recording Of Plat: Within thirty (30) days of the date of passage of an ordinance by the village board with respect to any final plan, whether for all of a development or for a single phase, the petitioner shall record a plat with the county recorder that has been approved by the village as being consistent with the approved planned development.
         p.   Initiation Of Construction: The construction of the planned unit development shall be initiated within six (6) months from the date of passage of the ordinance by the village board with respect to the final plan. Failure to initiate construction within the time periods specified by this subsection may result in the revocation of the special use permit, unless an extension is requested by the developer and approved by the village board.
         q.   Substantial Completion Of Infrastructure: If the developer must extend water, sewer or roads to the site, the construction of the infrastructure for the planned unit development shall be substantially completed within twelve (12) months from the date of passage of the ordinance by the village board with respect to the final plan. Failure to substantially complete construction of the infrastructure within the time periods specified by this subsection may result in revocation of the special use permit, unless an extension is requested by the developer and approved by the village board.
         r.   Building Permits: The developer shall submit a completed application for building permits within three (3) months of the date of passage of the ordinance by the village board with respect to the final plan of any phase of a planned development; provided, however, if the developer must extend water, sanitary sewer or roads to the site, then the developer shall have a period of twelve (12) months from the aforesaid date of passage to submit a completed application for building permits. Failure to submit a completed application for building permits within the time periods specified by this subsection may result in the revocation of the special use permit, unless an extension is requested by the developer and approved by the village board.
         s.   Substantial Completion Of The Planned Development: The construction of the planned development shall be substantially completed: 1) within one year from the date of passage of the ordinance with respect to the final plan or 2) within the period of time, if any, specified by the petitioner and set forth in the development ordinance, whichever is later. The term "substantially completed", as used in this subsection, shall mean that at least fifty percent (50%) of the buildings or units to be constructed under the approved final plan have been certified as complete by the village building official. Failure to substantially complete construction within the time period specified by the special use permit may result in the revocation of said permit, unless an extension is requested by the developer and approved by the village board. (Ord. 2002-9-37, 9-5-2002)
         t.   Compliance With Zoning Or Other Ordinances: Where there is a conflict, or difference between the provisions of this article and those of other articles of this title or other village ordinances, the provisions of this article shall prevail. Except as otherwise set forth herein, all other applicable village code ordinance provisions shall apply.
         u.   Exceptions: The plan commission may recommend and the village board may approve exceptions to the standards and criteria of the zoning ordinance when determined necessary to achieve the planning objectives set forth in this article. (Ord. 99-12-16, 12-16-1999; amd. Ord. 2002-9-37, 9-5-2002)

10-10A-5: RESIDENTIAL STANDARDS:

   A.   Open Space: Open space shall be provided in the form of parks, preservation areas and recreational areas/facilities, consistent with regulatory and policy directives of the village and the provisions of this title.
      1.   Unless otherwise recommended by the plan commission and approved by the village board, not less than twenty five percent (25%) of the gross land area within a single-family residential planned development shall be reserved and designated as open space, including parks, conservation areas and recreational areas/facilities. This percent shall be increased to thirty percent (30%) for planned developments in which thirty percent (30%) or more of the dwelling units are other than single-family detached.
      2.   For land designated on the adopted Winfield comprehensive development plan as park/recreation or other type of open space, land, in lieu of cash, shall be provided in accordance with the provisions of title 11 of this code, as amended from time to time.
      3.   Designated open space reserved under a planned development shall be held and maintained by a property owners' association, unless conveyed to a public authority with the approval of said authority and the village board.
      4.   All designated open space for the planned development shall be dedicated as open space in perpetuity, and shall be so designated in the development ordinance and final plat of subdivision(s) recorded for the planned development.
      5.   The cost for improving open space or constructing recreational facilities for the planned development shall be included in the letter of credit or other surety required for the public or quasi-public improvements, as described in title 11 of this code, as amended from time to time.
      6.   Open space for a planned development shall be suitably improved for its intended use, as determined by the recommendation of the plan commission and approval of the village board. The village board may determine that open space containing natural features worthy of preservation may be left unimproved as dedicated public or private open space. However, open space designated for recreational use shall be required to meet the environmental quality standards of title 11 of this code, as amended from time to time, unless specifically exempted by approval of the village board.
      7.   No portion of a planned development shall be conveyed or dedicated as public open space or recreation to any public body until such conveyance or dedication is reviewed and approved by the village board.
   B.   Minimum Lot Size: Minimum lot size or net lot area per dwelling unit, as defined by this title, shall meet the standards set forth in this title for the underlying zoning district, unless twenty five percent (25%) of the total gross acres have been set aside for: active recreational areas and/or facilities; open space; or preservation of major stands of trees, or other natural areas. The village finds that flexibility in its standards is warranted only when such amenities are proposed as part of a planned development. However, the following standards shall apply to all planned developments:
      1.   Net development area shall be determined by subtracting the area set aside for nonresidential uses from the gross development area, then deducting fifteen percent (15%) of the remainder for streets, regardless of the amount of land actually required for streets.
      2.   The total number of units allowed shall not exceed the number calculated for "net density", as defined by this title. However, where no minimum lot size is established by the underlying zoning district, the following minimum standards shall be used to calculate the maximum allowable number of dwellings by type:
         a.   Single-family, detached: Six thousand (6,000) square feet.
         b.   Single-family, attached: Five thousand (5,000) square feet.
         c.   Patio house: Five thousand (5,000) square feet.
         d.   Townhome: Three thousand five hundred (3,500) square feet.
         e.   Two-family or duplex: Three thousand five hundred (3,500) square feet.
         f.   Quadraplex: Three thousand (3,000) square feet.
         g.   Apartments, low rise: Two thousand (2,000) square feet.
      3.   For the purpose of this article, recreational facilities and other open space provided as part of the planned development shall include, but not be limited to, the following:
         a.   Parks.
         b.   Greenbelts.
         c.   Golf course.
         d.   Swimming pools.
         e.   Community center.
         f.   Health club.
         g.   Tennis courts.
         h.   Jogging trails.
         i.   Physical fitness courses.
      4.   At the discretion of the village board, the following may be included as open space:
         a.   Ponds required for stormwater retention or detention basins, provided they are developed with trails, benches, and other substantial landscape features.
         b.   Land for parks, greenbelts, or preservation of natural features such as floodplains, steep slopes, wetlands, high quality native plant communities, major stands of trees or riparian zones.
   C.   Building Separation: Residential structures shall be separated and arranged to protect the privacy of each dwelling unit and provide adequate space for emergency access and maintenance. Townhomes shall contain no more than six (6) units without a separation, side to side, of at least twenty feet (20'). Separation of townhomes front to front, or front to rear, shall be at least sixty feet (60') and front or rear to sides shall be at least forty feet (40'). (Ord. 99-12-16, 12-16-1999)

10-10A-6: APPLICATION AND APPROVAL:

   A.   Administrative:
      1.   Application: Applications for planned developments shall be made on forms provided by the village manager, and shall be accompanied by plans, drawings, documents and other information required by this article. Applications and other required documentation shall be reviewed by the village manager for compliance with submittal requirements set forth herein for preapplication, preliminary or final plan review, before forwarding these materials to the plan review committee (as defined in subsection B1 of this section), plan commission or village board.
      2.   Ordinances:
         a.   A planned development shall be controlled by means of a final plan approval ordinance adopted by the village board subsequent to approval of final plans. Said development ordinance shall include graphics and other support documentation upon which village board approval is based. The final plan approval ordinance shall specify any conditions of approval established by the village board.
         b.   Ordinances approving final plans may provide for exceptions from district regulations governing use, density, area, setbacks, height, parking, and subdivision design standards, as determined to be desirable to achieve the objectives of the proposed planned development, provided such exceptions are consistent with the standards and criteria contained within this article.
   B.   Preapplication Procedure (Encouraged):
      1.   Prior to the filing of an application for approval of a planned development, the petitioner shall contact the village manager to arrange an informal meeting with the plan review committee, consisting of the following professionals:
         a.   Village manager;
         b.   Village planner;
         c.   Village engineer;
         d.   Plan commission chair or other authorized representative from the plan commission; and
         e.   Village trustee serving as liaison to the plan commission or other authorized representative from the village board.
The plan review committee may also request the presence of other village consultants, as determined appropriate by the village manager or village president.
      2.   The purpose of the preapplication meeting is to discuss the proposed development in conjunction with village planning and zoning objectives, as expressed in the comprehensive development plan, and as set forth within this article.
      3.   Not less than fifteen (15) days before the preapplication meeting, the petitioner shall provide eight (8) copies of the following:
         a.   Concept Plan: A concept plan shall be submitted at a scale necessary to describe the proposed development and surrounding area in sufficient detail to demonstrate the relationship of the planned development to adjoining uses, both existing and proposed, and to the topography and natural features of the adjoining land uses. The concept plan shall include the following:
            (1)   North arrow, scale and date of preparation.
            (2)   Name, address and profession of the person or firm who prepared the plan.
            (3)   Proposed name of the planned development.
            (4)   Proposed land uses.
            (5)   Total acreage, and percent of the site devoted to each land use.
            (6)   Proposed layout of streets, lots and blocks.
            (7)   Proposed school and park sites, if applicable.
            (8)   Other open space or developed recreation areas.
            (9)   Proposed building footprints and estimated floor area for all nonresidential structures, if any.
            (10)   Wetlands, floodplains, floodways and surface waters, including lakes, ponds, streams and drainage swales.
            (11)   Any other data reasonably necessary to provide an accurate overview of the proposed development as determined by the village manager.
      4.   The plan review committee shall evaluate the proposed concept plan and other documentation and shall advise the petitioner as to the compatibility of the planned development with the comprehensive development plan, zoning ordinance, land subdivision ordinance and the development goals and policies of the village. Recommendations relative to a preapplication review are advisory only, and shall not constitute a waiver from the requirements contained in applicable ordinances.
      5.   The plan review committee may, at its discretion, require plans and support documentation to be revised before referring the proposed planned development to the village board. This may require additional meetings between the petitioner and the plan review committee, to assure that the proposed planned development conforms, to the maximum extent possible, with the applicable ordinance provisions, goals, and policies of the village.
      6.   When determined desirable by the plan review committee, village staff or village consultants shall prepare a written report to be forwarded to the village board. The report shall:
         a.   Evaluate the compatibility of the planned development with the Winfield comprehensive development plan;
         b.   Identify and comment on exceptions from applicable ordinances which have been requested by the petitioner;
         c.   Summarize recommendations by the plan review committee regarding the proposed planned development; and
         d.   Summarize the petitioner's proposed schedule for submitting preliminary and final plans in accordance with procedures set forth herein.
   C.   Preliminary Plan:
      1.   Purpose:
         a.   The purpose of the preliminary plan is to obtain a recommendation and preliminary approval by the village board indicating that all plans and programs that the petitioner intends to build and follow are acceptable, and that the petitioner can reasonably proceed with preparation of detailed architecture, engineering, site and landscape plans.
         b.   The preliminary plan is more detailed than the concept plan required for preapplication. This plan is meant to assure the petitioner that final plans will be approved by the village board, provided these plans substantially conform to the approved preliminary plans.
      2.   Procedure:
         a.   A request for preliminary plan approval, signed by the owner of record of the land proposed for a planned development, shall be submitted to the village manager, who will forward the request to the village board. The village board will refer the matter to the plan commission for public hearing, report, and recommendation.
         b.   Preliminary and final plans must be filed and processed consecutively, and not simultaneously, unless specifically exempted from this requirement by the village board.
         c.   Preliminary plats of subdivision may be processed along with the preliminary plan submittal, according to procedures and submittal requirements set forth in title 11 of this code, as amended from time to time.
      3.   Distribution Of Plans And Required Documentation:
         a.   Subsequent to referral by the village board, the petitioner shall file twenty five (25) copies of plans and other support documentation, as identified below, with the village manager. Based on the size and complexity of the proposal, the plan review committee may also require the petitioner to provide additional copies of submittals or provide other informational/data formats, including, but not limited to, computer aided design drawings on computer formatted disks.
         b.   Once all required drawings and information have been received, the village manager shall distribute the preliminary plan submittal to the plan commission, and to other reviewers designated by the village administrator. This shall include, but not be limited to, the following:
            (1)   Plan commissioners and recording secretary.
            (2)   Board of trustees.
            (3)   Zoning administrator/code enforcement official.
            (4)   Village clerk.
            (5)   Village engineer.
            (6)   Village planner.
            (7)   Fire protection district representative.
            (8)   Village attorney.
         c.   Required plans and support documentation shall be submitted no later than fifteen (15) working days before the next scheduled meeting of the plan commission, to assure adequate time for review.
      4.   Required Application Submittals: Unless specific submittal requirements are waived by the village manager, the following plans and drawings, as applicable, shall be submitted at the scale necessary to clearly indicate what is planned for the property:
         a.   Location Map: Location map.
         b.   Site Plan: The proposed site plan shall contain all the information required at the preapplication stage, as well as the following:
            (1)   Location of the subject site by section, town and range, or by other approved legal description.
            (2)   Name and address of the site planner, engineer, architect and landscape architect.
            (3)   Name and address of the owner and/or trust beneficiary.
            (4)   Site data, including (as applicable):
               (A)   Total acreage, and acreage of each proposed lot, outlot, and open space, preservation or recreation areas.
               (B)   Acres and percent of the planned development devoted to each land use.
               (C)   Percent of land devoted to streets and public rights of way.
               (D)   Percent of land covered by buildings and parking.
               (E)   Percent of the site devoted to active and passive recreational "open space", as defined by this title.
               (F)   Percent of the site devoted to nonrecreational open space for the purpose of preserving environmentally sensitive and/or aesthetic natural features.
               (G)   Net acreage of developable land, as defined by this title.
               (H)   Minimum lot size and/or net lot area, as defined by this title.
               (I)   Existing zoning on and adjacent to the site.
            (5)   Existing topography and proposed grading.
            (6)   Existing and proposed zoning, including zoning on adjacent properties within two hundred feet (200') of the subject property.
            (7)   Municipal and school districts within which the project is located.
            (8)   Utility easements.
            (9)   Proposed lotting and footprints of all nonresidential structures.
            (10)   Maximum lot coverage by buildings and other impervious surfaces, for all uses within the planned development.
            (11)   Off street parking and loading areas, including number and dimensions of parking spaces, drive aisles, and loading zones.
            (12)   Configuration and acreage of all land proposed to be dedicated as open space and all sites to be conveyed, dedicated, or reserved for parks, playgrounds, school sites, public buildings, and similar public and quasi-public uses.
            (13)   Pedestrian and/or bicycle circulation systems.
            (14)   Proposed phasing of the development.
            (15)   Location of trash bins and enclosures for all multiple- family residential and nonresidential uses, if any.
            (16)   All other information determined necessary by the plan commission to clearly show the proposed elements of the planned development.
         c.   Grading Plan: The grading plan shall show both existing and proposed contours and elevations and shall identify all areas proposed for excavation and/or filling of the property.
         d.   Tree Survey And Preservation Plan: The tree survey and preservation plan shall be superimposed on the grading plan, and shall include the following:
            (1)   Location of existing trees greater than six inches (6") in caliper, as measured twelve inches (12") above grade.
            (2)   Species of existing trees greater than six inches (6") in caliper, as measured twelve inches (12") above grade.
            (3)   Base elevation of existing trees greater than six inches (6") in caliper, as measured twelve inches (12") above grade.
         e.   Landscape Plan: The landscape plan shall be superimposed on the grading plan, and shall include the following:
            (1)   Any proposed fences, walls, berms and entry monuments.
            (2)   Contours for any landscaped berms.
            (3)   One or more sections through the site to illustrate the relationship between the landscape materials, the land form, proposed buildings, and nearby properties.
            (4)   Location of all trees and shrubs, keyed into a plant list that identifies species, sizes and quantities for proposed plantings.
            (5)   Method of screening trash collection facilities and enclosures.
            (6)   Utility and public drainage easements.
         f.   Photometric Plan: The photometric plan shall be superimposed on the site plan, for all nonresidential planned development, and shall:
            (1)   Identify the location and heights of all light standards.
            (2)   Identify foot-candle intensities on the site of the planned development, and ten feet (10') beyond proposed property lines.
            (3)   Include specifications for proposed lighting, including wattage, method of illumination, and color of light standards and luminaries.
         g.   Development Schedule: A development schedule shall be submitted which addresses the following:
            (1)   Approximate dates for initiating project construction.
            (2)   Phasing, and anticipated date of completion for public improvements for each phase.
            (3)   The area and location of open space and other recreational areas to be provided with each phase.
            (4)   The mix of uses proposed for implementation within each phase of a mixed use planned development.
         h.   Architectural Drawings: Preliminary architectural drawings for all primary buildings shall be submitted that include the following:
            (1)   Typical elevations (front, rear and side) for proposed residential and nonresidential buildings, which identify materials and color styling proposed for all exterior elements of the building.
            (2)   Gross floor area for all nonresidential buildings.
            (3)   Minimum habitable floor areas for residential buildings, excluding garages, basements, porches and patios.
            (4)   Proposed building heights.
            (5)   Roof plan for all nonresidential structures that shows the proposed location and top elevation of all roof mounted mechanical equipment.
            (6)   Cross sections of all nonresidential structures that show the relation of the roof structure and/or parapet wall to the proposed roof mounted mechanical equipment.
         i.   Proposed Covenants: Proposed covenants shall be prepared and submitted which include the following:
            (1)   Architectural controls for residential dwellings, including:
               (A)   Minimum floor area, excluding garages, basements, porches and patios.
               (B)   Maximum lot coverage, as defined by this title.
               (C)   Minimum yards.
               (D)   Materials.
               (E)   Antimonotony code.
               (F)   Landscaping for individual lots.
               (G)   Maintenance of common facilities.
            (2)   Tenant sign controls for all nonresidential, multi-tenant developments.
            (3)   Provisions for dedication and maintenance of all open space, such as preservation and recreation areas, as well as other public and/or semipublic areas including, but not limited to, entryway and cul-de-sac open space/landscaping.
         j.   Utility Plan: A proposed utility plan shall be superimposed on the proposed site plan and shall show the following:
            (1)   Approximate location and dimensions of all sanitary sewer, storm sewer, and water lines.
            (2)   Drainage ditches, culverts, water retention areas, and utility easements.
            (3)   Written documentation from the petitioner's engineer attesting to the capability of existing water and sewer systems to service the proposed development.
         k.   Traffic Impact Study: A traffic study, prepared by a professional engineer licensed in the state, when deemed appropriate by the village manager shall be submitted to:
            (1)   Identify anticipated volumes of traffic to be generated by each phase of the planned development.
            (2)   Identify required public roadway improvements and/or traffic regulation devices needed to ensure the proper safety of traffic to, through and around the planned development.
         l.   Written Statement: A written statement shall be submitted by the petitioner that describes the following:
            (1)   Why the petitioner is processing the project as a planned development.
            (2)   How the proposed planned development meets the objectives of the comprehensive development plan and the purpose statement of this article.
            (3)   How the project is compatible with adjacent development or planned land uses.
            (4)   How the project will economically benefit or otherwise affect the village, including information regarding additional public facilities and/or services that will be needed as a result of the proposed project.
            (5)   A comprehensive list of all requested exceptions to applicable village ordinances.
         m.   School/Park: The petitioner shall prepare an estimate of land and/or cash that will be required for the development, based on title 11, chapter 6 this code, as amended from time to time.
         n.   Other: The plan commission may also require preparation and submittal of the following for review and evaluation, in accordance with title 11, chapter 6 of this code, as amended from time to time:
            (1)   Tax impact study, detailing the estimated cost which the planned development will have on all taxing bodies, and anticipated revenues which will be realized from each phase of development.
            (2)   A projected school population study, in accordance with estimating the number of students, by age group, that will be generated by the development.
            (3)   Other information that is deemed necessary for evaluation of the proposed development in comparison with village plans, policies, ordinances and existing conditions.
      5.   Public Hearing: A public hearing shall be required and held in accordance with section 10-11-6 of this title.
      6.   Plan Commission's Recommendation: After the close of the public hearing, the plan commission shall recommend approval or denial of the proposed planned development. The recommendation, which may include conditions of approval intended for incorporation into final plans and supporting documentation, shall be submitted to the village board prior to any action by the village board on the planned development application.
      7.   Statement Of Findings Of Fact: The plan commission chair shall submit a written findings of fact to the village board in accordance with subsection 10-10-4D of this chapter. The statement of findings of fact shall specify in what respects the proposed planned development would, or would not be in the public interest, and shall, at a minimum, address the following:
         a.   The extent to which the proposed planned development departs from the zoning, subdivision regulations or planned development standards otherwise applicable to the subject property and the reasons why such departures are in the public interest.
         b.   The compatibility of the proposed planned development with adjacent properties and neighborhoods.
         c.   The desirability of the proposed planned development, or lack thereof, for the village's tax base and economic well being.
         d.   The adequacy of the physical design and methods by which the proposed planned development would:
            (1)   Make provisions for public utilities and services.
            (2)   Provide adequate control over vehicular traffic.
            (3)   Provide for and protect designated open space and drainage systems.
         e.   Compatibility with the comprehensive development plan and the goals and policies for planning within the village.
      8.   Village Board Review: Village board review of the proposed planned development shall be conducted in accordance with subsection 10-10-4F of this chapter.
      9.   Action By The Village Board:
         a.   The village board shall approve, approve with modifications, or disapprove the special use for planned development and preliminary plan for the proposed planned development.
         b.   The preliminary plan may be referred back to the plan commission for additional review of specified items, by motion of the village board.
         c.   If the preliminary plan and special use are approved, the village board shall prepare a planned development ordinance for the preliminary plan. The ordinance shall identify all applicable exhibits and support documentation upon which village board action is based, and shall include any conditions of approval.
   D.   Final Plan:
      1.   Process:
         a.   Within eighteen (18) months of the adoption of the planned development ordinance, the petitioner shall file all required final plan submittals for applicable phases of construction with the village manager. The submittal shall address all conditions of approval that are set forth in the preliminary plans and development ordinance.
         b.   The request for final approval of a planned development shall be submitted to the village manager. Upon receipt of all required submittals, the village manager will forward the request to the plan commission for its review and recommendation. Final plan approval may be obtained in phases, in accordance with the petitioner's development schedule.
         c.   Final plats of subdivision may be processed along with the final plan submittal in accordance with title 11 of this code.
            (1)   Final plan submittals shall demonstrate compliance with the planned development ordinance. The petitioner shall file eighteen (18) copies of plans and other required supporting documentation with the village manager. Once all required drawings and information have been received, the village manager shall distribute the final plan submittal to the plan commission and to other designated reviewers.
            (2)   Required plans and documentation shall be submitted no later than fifteen (15) working days before the next scheduled meeting of the plan commission to assure adequate time for review.
      2.   Submittals: Required submittals shall include, but not necessarily be limited to, the following (as applicable):
         a.   An accurate legal description of the entire area under immediate development within the planned development, including the name of the proposed development to be recorded on the planned development special use permit and the final plat recorded with the county.
         b.   A final site plan that includes the following:
            (1)   Identification of all use areas, including open space;
            (2)   Approved building setbacks and separation;
            (3)   Footprints of all nonresidential buildings; and
            (4)   The name of the proposed development to be recorded on the planned development special use permit and the final plat recorded with the county.
            (5)   An accurate legal description of each separate unsubdivided use area, such as open space and greenbelts.
            (6)   Tabulations of each use area, including land area, and number of dwelling units per acre, if any.
            (7)   Final landscape plan, superimposed on a grading plan.
            (8)   Final utilities and drainage plan.
            (9)   Final agreements, bylaws, provisions, or covenants that govern the use, maintenance, and continued protection of the planned development and its open space, greenbelts, or other recreational facilities.
            (10)   Final development and construction schedule.
            (11)   Detailed elevations of buildings.
            (12)   Final engineering drawings.
            (13)   A certificate from the county which documents 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 development have been paid.
         c.   A written statement verifying that the final plans meet all applicable standards of the DuPage County stormwater management ordinance, as well as all other county, state and federal requirements.
      3.   Final Plan Process: The final plan shall be processed as follows:
         a.   The plan commission shall review the final plan and plat submittal at a public meeting, and shall recommend approval if it is in substantial compliance with the planned development ordinance. The plan commission recommendation may include such additional conditions as may be appropriate, based on the final documentation submitted.
         b.   If the final plan and plat are substantially different from the approved preliminary plan, the plan commission shall either:
            (1)   Recommend disapproval of the final plan submittal; or
            (2)   Recommend to the village board that a new public hearing be held in conformance with the procedures established for approval of a preliminary plan.
         c.   With a recommendation of approval, the plan commission shall submit to the village board, a written statement of findings of fact and recommendations that:
            (1)   Confirms that final plan submittals are in conformity with the planned development ordinance; and
            (2)   Identifies any additional conditions of approval.
         d.   Village board approval of the final development plan shall be by ordinance. If the village board determines that the final development plan shall be disapproved, it shall do so by a motion of the board. In lieu of denial, the village board may grant the petitioner additional time to remedy any deficiencies.
         e.   No plats shall be recorded, and no building permits issued, until final plan submittals have been approved by the village board. Final plats shall be recorded by the petitioner within thirty (30) days of the date of final plan approval.
   E.   Guarantees: In all cases where special use permits for a planned development are granted, the village board shall require such evidence and guarantees as it may determine necessary as proof of present and continued compliance with the conditions stipulated in connection with the planned development. (Ord. 99-12-16, 12-16-1999)

10-10A-7: CHANGES IN THE PLANNED DEVELOPMENT:

   A.   The planned development shall be implemented only according to the approved final plan approval ordinance and final plats of subdivision shall be recorded, as applicable, for the planned development. The recorded final plats and supporting data, together with all recorded documents and amendments, if any, shall be binding on the owners, successors, heirs, and assigns.
   B.   Changes to an approved planned development may be made as either major, minor or incidental field changes and the classification of a proposed change shall be determined by the village manager and approved by the village board in accordance with the following provisions:
      1.   Major Changes:
         a.   Changes that alter the concept or intent of the planned development may be approved by the village board only by submission of a new final plan and final plats of subdivision for the planned development. All revisions shall be reviewed by the plan commission at a public hearing.
         b.   Major changes include, but are not limited to, the following:
            (1)   Increases in density.
            (2)   Increases in the heights of buildings.
            (3)   Reductions in approved open space areas or facilities.
            (4)   Modifications to the approved uses, and a change by more than ten percent (10%) in the acreage allocated to each use.
            (5)   Rearrangement of lots, blocks, and building tracts.
         c.   Major changes which are approved for the final planned development shall be recorded as amendments to the recorded copy of the final plat of subdivision(s).
      2.   Minor Changes: Minor changes may be approved by the village board, after review and recommendation of the plan commission at a public meeting, provided said changes do not alter the spirit and intent of the approved planned development. Minor changes include the following:
         a.   Minor modifications to the location of buildings, provided all setbacks established for the planned development are met.
         b.   Minor changes to the location and configuration of streets and rights of way that are made to preserve natural features.
         c.   Minor changes to the location, configuration or size of approved open space areas or facilities, due to circumstances that were not foreseen at the time the final plans were approved.
         d.   Minor changes to the location, configuration or size of approved easements.
      3.   Incidental Field Changes: Incidental field changes may be approved by the village manager, after review by appropriate village and/or consultant staff.
   C.   The village board shall be the final authority on the determination of the classification of proposed changes to an approved planned development as either a major, minor or incidental change. (Ord. 99-12-16, 12-16-1999)