(A) Requirements. A planned unit development shall be granted as a special use in accord with the procedures set forth in this section and may depart from the normal procedure, standards, and other requirements of the other sections of this chapter. Applications shall be made on forms provided by the village and shall be accompanied by the required plats and documents. The application at each step shall be reviewed and certified by the Village Planner as being in accordance with the planned unit development requirements.
(B) Pre-application procedure.
(1) Pre-application conference. Prior to the filing of an application for approval of a planned unit development, the developer may request of the Planning and Zoning Commission an informal meeting to discuss the development of their land in conjunction with the village plan. The meeting shall be a part of a regularly scheduled meeting, shall be open to the public, and included on their agenda in advance of the meeting.
(2) The pre-application conference is not mandatory and does not require formal application, fee, or filing of a planned unit development plat.
(C) Approval of preliminary plat. A preliminary plat of the planned unit development shall be submitted to the President and Board of Trustees who shall refer same to the Planning and Zoning Commission for public hearing, report, and recommendation as to whether or not the President and Board of Trustees should issue the special use permit applied for. The required procedure for approval of the preliminary plat shall be:
(1) Submission of the following:
(a) Written application for approval of a planned unit development shall be made on forms and in the manner prescribed by rules of the village.
(b) The application shall be accompanied by a fee which shall be established by the President and Board of Trustees.
(c) The preliminary plat and supporting data shall be in accord with the stipulations of § 156.138.
(2) The Planning and Zoning Commission shall hold a public hearing on the application for a planned unit development, giving notice of the time and place not more than 30 days nor less than 15 days before the hearing by publishing a notice thereof at least once in a newspaper published or having general circulation within the village.
(3) Copies of the preliminary planned unit development plat and supporting data shall be submitted to the Planning and Zoning Commission for their review and recommendations. The report of the Planning and Zoning Commission shall be made to the Planning and Zoning Commission within 30 days and preceding the Planning and Zoning Commission's recommendation.
(4) Copies of the preliminary planned unit development plat and supporting data shall be submitted to the Village Planner for certification as to conformity with these regulations, recommendations, and suggestions regarding the overall design, if any.
(5) (a) Following the public hearing and review of the preliminary planned unit development plat and supporting data for conformity to these regulations, the Planning and Zoning Commission shall, within 60 days, recommend approval, modification or disapproval, and the reasons therefor, or indicate why a report cannot be rendered to the President and Board of Trustees.
(b) As a condition to the approval of the preliminary plat, the Planning and Zoning Commission shall set forth in a separate communication to the President and Board of Trustees, findings of fact, in accord with § 156.140, on which they base their approval and describing how the proposal meets the standards of § 156.139.
(6) The President and Board of Trustees after receipt of the preliminary unit development plat from the Planning and Zoning Commission, shall approve, modify or disapprove the preliminary plat. In the case of approval, or approval with modification, the Planning and Zoning Commission shall pass an ordinance granting the special use and indicate their approval upon the plat, and arrange zoning map modifications as necessary. The Planning and Zoning Commission may require such special conditions as they may deem necessary to insure conformance with the intent of all comprehensive plan elements and the stated purposes of the planned development.
(7) (a) Approval of a preliminary planned unit development plat shall not constitute approval of the final plat. Rather, it shall be deemed an expression of approval to the layout submitted on the preliminary plat as a guide to the preparation of the final plat which will be submitted for approval of the village and subsequent recording upon the fulfillment of the requirements of these regulations and conditions of the preliminary approval, if any. The final plat shall be approved as the final land use and zoning plat if it conforms with the preliminary land use and zoning plat.
(b) The preliminary and final plat may be filed and improved simultaneously, or the final plat may be filed and approved without a preliminary plat, if all of the land is to be developed at one time and if all requirements hereof are met;
(c) No building permit shall be issued for any structure until the approval of the final plat.
(D) Approval of final plat. The final planned unit development plat shall conform substantially to the preliminary plat as approved, and if desired by the developer, it may be submitted in stages with each stage reflecting the approved preliminary plat which is proposed to be recorded and developed provided, however, that the portion conforms to all requirements of these regulations. The required procedure for approval of a final plat shall be:
(1) (a) A final planned unit development plat and other supporting data required for approval shall be submitted to the Planning and Zoning Commission in accord with the provisions of § 156.138.
(b) The final plats must be submitted for approval in accordance with agreed to scheduling, but not later than five years from the approval of the preliminary plat; in the event that same is not done, the Planning and Zoning Commission shall initiate such zoning changes as it deems necessary to preserve the public interest.
(c) Final plats and supporting data shall show in detail the design, location and use of all buildings and overall land development as well as such additional information as the Planning and Zoning Commission may require.
(2) The final plat and supporting data shall be submitted to the Village Planner for certification that the final plat is in conformity with these regulations and in agreement with the approved preliminary plat.
(3) After review of the final plat, the Planning and Zoning Commission shall, within 30 days, recommend approval or disapproval, and the reasons therefor, to the President and the Board of Trustees.
(4) (a) The President and Board of Trustees after receipt of the final plat from the Planning and Zoning Commission, shall approve, or disapprove the final plat and shall pass an ordinance authorizing the planned unit development as a special use and allowing the issuance of a zoning certificate and all other necessary permits.
(E) Recording the final plat.
(1) The ordinance authorizing construction of the planned unit development shall be effective only upon recording of the final planned unit development plat and supporting data with the County Recorder of Deeds. No permit allowing construction of a building or other development shall be granted until the required recording of the final plat, and proof of filing provided to the village.
(2) The purpose of the final plat is to designate with particularity the land subdivided into conventional lots as well as the division of other lands, not so subdivided, into common open areas and building sites. The preliminary plat shall generally locate buildings, whereas the final plat shall show the exact location of each building. All streets and easements shall be shown on the final plat.
(3) The recording of the final plat shall inform all who deal with the planned unit development of the restrictions placed upon the land and act as a zoning control device.
(F) Changes in the Planned Unit Development. The planned unit development project shall be developed only according to the approved and recorded final plat and all supporting data. The recorded final plat and supporting data together with all recorded amendments shall be binding on the applicants, their successors, grantees and assigns and shall limit and control the use of premises and location of structures in the planned unit development project as set forth therein.
(1) Major changes.
(a) Changes which alter the concept or intent of the planned unit development including increases in density, increases in the height of buildings, reductions of proposed open space, changes in the development schedule, changes in road standards, or changes in the final governing agreements, provisions or covenants, or other changes, may be approved only by submission of a new preliminary plat and supporting data and following the preliminary approval steps and subsequent amendment of the final planned unit development plat.
(b) All changes to the final plat shall be recorded with the County Recorder of Deeds as amendments to the final plat or reflected in the recording of a new corrected final plat.
(2) Minor changes. The Village Planning and Zoning Commission may approve minor changes, errors, or omissions in the planned unit development which do not change the concept or intent of the development, without going through the preliminary approval steps. Minor changes shall be any change not defined as a major change.
(G) Schedule. The President and Board of Trustees shall consider the planned unit development subject to relocation if construction falls more than two years behind the schedule filed with the final plat. Extensions in the building schedule may be granted by the Planning and Zoning Commission.
(Ord. 95, passed 4-5-71)