A. Purpose And Objectives:
1. Purpose: The purpose of the planned unit development provisions is to encourage and allow more creative and imaginative design for land development than is possible under the more conventional zoning and subdivision regulations. The planned development also provides for more effective use of the land, better urban amenities, protection of open space, and likewise protecting valuations of adjoining properties. The process is intended to be an alternative to the conventional subdivision of land and lot by lot development contemplated by this title.
2. Objectives: Some of the objectives which may be obtained through the use of the planned unit development procedure include, but are not limited to, the following:
a. To permit a maximum choice in the types of environment available to the public by allowing a development that would not be possible under the strict application of the other sections of this title.
b. To promote a creative approach to the use of land and related physical facilities that results in better design and development, with the inclusion of aesthetic amenities.
c. To encourage a pattern of development to preserve natural vegetation, topographic and geological features, and environmentally appropriate features.
d. To create a method for the permanent preservation of common open space for the continued use and enjoyment of the residents of the development.
e. To create limitations or restrictions such as screens, fences and plantings, limitation of access to certain streets, and other considerations for the protection of adjoining property and the maintenance of valuation thereof.
f. To encourage a land use which promotes the public health, safety, comfort, morals and welfare.
g. To authorize a combination of existing lots or resubdivision of the same for the total planned development.
h. A combination and coordination of architectural styles, building forms, and building relationships with a possible mixing of different urban uses in an innovative overall design.
i. The use of public input and participation in the design and development of innovative and creative land use proposals.
3. Unified Control: The planned unit development may consist of conventionally subdivided lots; provided, that:
a. The requirements of the zoning ordinance (title 11 of this code) are met with respect to each lot included; and
b. That the platted lots are maintained in unified control and unsubdivided property are maintained in separate ownership but unified control.
B. Statute Authority; General Procedure: Planned unit development is authorized pursuant to 65 Illinois Compiled Statutes 5/11-13-1.1. A public hearing pursuant to said statute will be required for applicants presenting a plan as hereafter provided, or in the alternative, the village board may consider restrictions and conditions of a requested change of zoning on existing subdivided land at the hearing or hearings on the petition for change of zoning pursuant to public notice as required by existing ordinance regulations.
C. Designation Of Planned Unit Development Area:
1. The minimum size for development of a planned unit development shall be one acre.
2. The designation of planned unit development may be added to any tract of more than one acre which is presently zoned residential, commercial, or industrial, or is under consideration for a change of zoning. The owner and/or petitioner of the change of zoning for a particular described tract must consent to the additional restriction and designation of "planned unit development" before a tract can be so designated. The tract so designated will be identified as residential (or commercial or industrial) planned unit development.
3. The uses permitted under the specific zoning designation will not be changed, but setback lines, parking, and other such restrictions, requirements, and limitations of the zoning ordinance (title 11 of this code) as well as those general standards enumerated in this title will be determined pursuant to the above provisions after public hearing.
4. Such designation of "planned unit development" as affixed to any tract, by determination of the village board of trustees, cannot be removed without petition and public hearing in accordance with amendments of the zoning districts of the village. Such tract or tracts shall also be designated as above on the official zoning map of the village.
D. Submission Phases: Before developing a tract of land within the corporate limits of the village as a planned unit development, the owner or developer shall comply with the review process as follows:
1. Optional informal discussion phase.
2. Preliminary planned unit development plan and approval phase.
3. Approval of engineering drawings and specifications.
4. Final plat review, public hearing, and approval phase.
5. Recording phase.
E. Informal Discussion Phase (Optional):
1. The purpose of the informal discussion phase, insofar as possible, is to guide and assist the owner or developer in his future decisions with a view to avoiding later difficulties and delays. This is an optional forum by which the owner or developer may receive early feedback prior to incurring the costs and time of detailed subdivision design and engineering.
2. The procedures associated with the informal discussion phase shall be as enumerated in section 12-4-2 of this chapter.
F. Preliminary Planned Unit Development Plan And Approval Phase:
1. Before developing a tract of land within the corporate limits of the village as a planned unit development, the owner or developer shall prepare a preliminary planned unit development plan and the supporting documentation required by this title.
2. The requirements of the preliminary planned unit development plan shall be as enumerated in section 12-4-3 of this chapter including, but not limited to, submission procedures, application fees, and information required on the preliminary plat; except, that under no circumstances shall the requirement for a preliminary planned unit development plan be waived by the economic development committee.
3. The procedures and considerations by which the economic development committee and village board of trustees shall consider the preliminary planned unit development plan for approval shall be as enumerated in section 12-4-3 of this chapter.
G. Approval Of Engineering Drawings And Specifications:
1. The owner or developer shall cause engineering drawings and specifications to be prepared for all improvements required or regulated by this title and shall be in conformance with the requirements enumerated in section 12-4-5 of this chapter.
2. The procedures by which the engineering drawings and specifications shall be reviewed and executed shall be as enumerated in section 12-4-5 of this chapter.
H. Final Plat Review, Public Hearing And Approval Phase:
1. Requirements: The requirements of the final plat shall be as enumerated in section 12-4-6 of this chapter including, but not limited to, application fees, performance guarantee, petitioning for annexation, and information required on the preliminary plat; except, that the review process shall be conducted in accordance with the procedures hereafter provided.
2. Owner Or Developer Statement: The owner or developer shall also furnish a statement as to the owner's intention of selling or leasing all or a portion of the planned unit development after the project is developed. If applicable, the conditions of sale and maintenance of such developed properties shall be stipulated. For residential planned unit developments, the perpetual maintenance of common open space shall be provided by a homeowners' association. The articles of such an association shall prescribe the permitted uses, state how maintenance costs are to be assessed, and shall be approved by the village attorney prior to the final approval of the final plat. Any other covenants, deed restrictions or other similar agreements between the applicant and future owners shall also be presented. (Ord. 2009-99, 8-24-2009)
3. Mobile Home Or Mobile Home Park Fee: The submittal or resubmittal of a planned unit development (be it within the corporate limits of the village, or within the 11/2 mile extraterritorial jurisdictional area of the village), which includes a "mobile home" or "mobile home park" (as such terms are defined in section 11-3-2 of this code) shall be accompanied by an application fee as provided in section 12-3-4 of this title. Checks shall be made payable to the village. The payment of this fee shall be in addition to any other fees required by this title or any other ordinance. (Ord. 2009-99, 8-24-2009; amd. 2011 Code)
4. Review Of Final Plat:
a. Considerations For Approval: The final plat for the proposed planned unit development shall be considered for approval in accordance with the following criteria:
(1) The definitions and goals as indicated herein.
(2) The minimum requirements as set forth herein.
(3) Compliance with the village land use plan.
b. Economic Development Committee Action:
(1) The economic development committee and the village engineer shall concurrently review the final plat for compliance with this title.
(2) If all of the above requirements have been satisfied, the chair of the economic development committee will make one of the following recommendations:
(A) Recommend disapproval of the final plat.
(B) Recommend approval of the final plat.
(C) Recommend approval of the final plat, subject to minor modifications.
(3) If the economic development committee recommends disapproval of the final plat, the reason for denial shall be clearly set forth and communicated in writing to the subdivider.
(4) If the economic development committee recommends approval of the final plat, it shall be so executed at that time. The original plat and two (2) copies shall be executed by the chair of the village economic development committee. Any additional final plats provided by the subdivider must also be executed at that time. See subsection 12-4-6H of this chapter for the final plat approval certificate form. Final approval of the plat shall also be given by the village board of trustees, per the process enumerated in subsection H4d of this section, before the plat may be recorded.
c. Public Hearing:
(1) If the economic development committee recommends approval of the final plat, the chair of the economic development committee shall set a public hearing date in accordance with the usual procedures of the zoning board of appeals for considering a conditional use.
(2) Within thirty (30) days after the public hearing, the zoning board of appeals shall recommend approval or disapproval or, at the request of the owner or developer, continued discussion pertinent to the planned unit development final plat.
d. Village Board Action:
(1) The village board of trustees shall not give final approval to any proposed subdivision until:
(A) The economic development committee has recommended approval or disapproval of the final plat.
(B) The village engineer has recommended approval or disapproval of the subdivision improvement drawings and specifications.
(C) The zoning board of appeals has recommended approval or disapproval of the final plat.
(D) The subdivider presents his guarantee in the amount and form in accordance with this section and as approved by the village attorney.
(E) All statutorily required approvals by other governmental agencies have been received.
(2) The village board of trustees, after receiving recommendations from the economic development committee and the zoning board of appeals, shall then consider the final plat of the proposed planned unit development. At that time, the village board of trustees shall approve or disapprove the final plat and shall clearly state the reasons for their actions.
(3) In the event the village board of trustees disapproves the plat, the subdivider has one year from the date of such disapproval to make the corrections and resubmit to the village board of trustees; otherwise, the prior approval of the economic development committee and/or the approval of the zoning board of appeals shall become null and void.
(4) If the village board of trustees approves the final plat, it shall be so executed at that time by the mayor and the village clerk. The original final plat and two (2) copies must be executed. Any additional final plats provided by the subdivider must also be executed at that time. See subsection 12-4-6H of this chapter for the final plat approval certificate form.
(5) After approval of the final plat, drawings and specifications and receipt of all supporting documents by the village board of trustees, the final plat shall be recorded by the subdivider with the county recorder of deeds within one year of the date of approval; otherwise, the final plat and approval shall become void. The village retains the option to require that a representative of the village be present when the subdivider records the plat. (Ord. 2009-99, 8-24-2009)