§ 153.396 ESTABLISHMENT.
   (A)   General plan approval.
      (1)   At the time of the application for a conditional zoning certificate, a general plan for the development of the land shall have been filed with the Planning Commission by the owner or owners of the land involved.
      (2)   The general plan, which may be set forth on one or more maps or in one or more instruments, shall have been signed by all owners of property within the project, shall have been drawn to scale, shall have been prepared by an architect, landscape architect, engineer or planner-in-charge, and shall show the following:
         (a)   The date;
         (b)   The boundaries of the project;
         (c)   A north arrow;
         (d)   The topography of the project using two-foot contour intervals;
         (e)   The proposed street system for the project, including designation of collector thoroughfares agreeable to the Planning Commission necessary for efficient traffic circulation;
         (f)   The areas of the project to be used for single-family detached dwellings, single-family attached dwellings, garden apartment buildings, medium and high-rise apartment buildings and commercial buildings and/or uses;
         (g)   The area or areas of the project to be preserved as open space;
         (h)   Descriptive data as to the methods to be employed to preserve and maintain such open space and recreational facilities, such as public dedication, homeowners associations, condominiums and the like;
         (i)   The areas into which such project is to be divided for different uses, the use proposed for each such area, the number of housing units by type and size, and number of bedrooms per unit of each class of housing proposed in any given area, the location the total population density for the project in number of housing units;
         (j)   The acreage of the project;
         (k)   The location and landscaping of the project;
         (l)   Descriptive data concerning the sewer, water and storm drainage facilities within the project, identifying the entity whether public or private to whom such facilities are to be dedicated or transferred;
         (m)   The location and acreage of the commercial uses proposed within the project; and
         (n)   A plan showing provisions for control of erosion and sedimentation during and after construction; such plan to be accompanied by documentation indicating the review and recommendation on such plan by the County Soil and Water Conservation District, the Department of Natural Resources Division of Lands and Soil, or other competent public agency or soils scientist, and the Village Administrator.
      (3)   Upon approval of the general plan by the Planning Commission, a conditional zoning certificate may be issued for the project. The implementation of the project is then subject to the further qualifications, requirements and provisions set forth in division (B) below. No substantial change from the approved general plan shall be made without prior approval by the Planning Commission.
   (B)   Final approval of uses.
      (1)   Before such uses as were authorized by the Planning Commission’s approval of the general plan and the issuance of the conditional zoning certificate for the overall project may be begun, a zoning certificate must be obtained for each structure, and only after a final approval of uses has been obtained from the Planning Commission. For a final approval of uses, the owner shall file a final development plan for any specific area within the project or the overall project with the Commission together with a letter of application for such approval.
      (2)   Such final development plan must show the following:
         (a)   The area to be developed and the area to be devoted to open spaces for the use of all residents of the area with accurate acreage, courses and distances, as determined by a licensed engineer or surveyor who shall sign such plan and certify to the accuracy thereof. The boundaries of any area for which final development plan approval is requested shall not be divided to comply with the density and open space acreage criteria, but shall be proportioned and allotted so that required open space is convenient to the residential properties included in the area submitted for final approval;
         (b)   The location and floor plans of all buildings, descriptive data as to the type of buildings, the number of dwelling units in each separate type and bedrooms per unit of apartment or multi-family dwelling buildings, the number and type of all retail establishments and the number of bedrooms in each apartment unit;
         (c)   A title guarantee or rider to an existing policy, prepared by a reputable title company, showing the legal description of the land which has been set aside for the open space, and showing appropriate restrictions limiting the use of such land to recreation and open space in perpetuity, granting owners and residents of the area to be developed a right and easement of use in such open space;
         (d)   A detailed plan setting forth the manner, means and proposed time of transfer of the land reserved for open space to a nonprofit entity and the obligations and rights of use of such open space by all residents of the area; and
         (e)   A detailed landscaping plan for all areas proposed for parking, commercial, single-family attached and multi-family development.
   (C)   Conditions for final approval of uses. The Planning Commission shall give the final approval of uses only upon finding that the following conditions are met.
      (1)   No applicable, general or specific requirements of the Zoning Code, as existing at the time of general plan approval, is violated by the final development plan.
      (2)   The final development plan accurately sets forth the area to be developed and the area to be set aside as open space with appropriate boundaries established by course and distances, and the acreage within the area to be approved is set forth as well as the acreage of the area to be set aside as open space for the use of all residents of the area.
      (3)   The final development plan is substantially in accordance with the general plan which had been previously filed with and approved by the Planning Commission and for which the conditional zoning certificate has been issued.
      (4)   The density of dwelling units in any area does not exceed that shown on the general plan and the overall density of the district has not been exceeded with respect to the total figure shown on the general plan.
      (5)   The area reserved for open space and recreation in the sum of all areas for which final development plan approval has been given or is requested shall never be less than 30% of the cumulative acreage of all areas for which final development plan approval has been given or is requested.
      (6)   Satisfactory progress has been made in previously approved segments in respect to the provision and improvement of indicated recreational facilities.
      (7)   The final development plan accurately sets forth a schedule demonstrating proportionate development of the open space and recreational facilities in conjunction with the total project. A performance bond may be allowed to substitute for actual construction in accordance with § 153.395(J)(3) and (K). This bond shall be in effect no longer than one year. The amenities included in each phase shall be, in effect, completed prior to the issuance of occupancy permits.
      (8)   Site plan approval by the Planning Commission shall be automatically revoked if the construction approved has not been begun within one year from the date of approval. When construction has been delayed due to circumstances beyond the control of the developer, the Planning Commission may grant an extension not exceeding 90 days, during which construction may be begun.
      (9)   Supplementary conditions and safeguards: in approving any planned unit development, the Planning Commission may prescribe appropriate conditions and safeguards in conformity with this resolution. Violation of such conditions or safeguard, when made a part of the terms under which the final development plan is approved, shall be deemed a violation of this code.
      (10)   Amendments and extensions: minor amendments to the approved final plan (such as slight changes in a building location or in the landscaping plan) may be approved over the signature of the Village Administrator. Major changes in the approved site plan (such as revised density or alterations in common open space areas) must be approved by the Planning Commission.
   (D)   Addition to planned unit development. Any area of land contiguous to a planned unit development may be added thereto and shall be subject to all procedural and substantive regulations applicable to planned unit development The gross density in a planned unit development, including additions, shall not exceed the maximum density established for the original planned unit development.
(Ord. 30-1974, § 115.02, passed 7-15-1974)