An application for PUD shall be subject to the requirements of Title Four, Zoning, and Chapter 1224, Subdivision Regulations of the code to the extent not inconsistent with this chapter, and where inconsistent, this chapter shall control. With the approval of the Planning Commission, the PUD development plans, site plans, and/or subdivision plans may be reviewed simultaneously and shall be submitted for consideration and approval in the following manner:
(a) Pre-application Conference. The applicant shall submit to the Zoning Administrator the general outlines of the proposal, sketches, basic site information and any other information to familiarize the various village departments. The Zoning Administrator will review the information submitted to determine if the proposal is complete enough for preliminary review. The Zoning Administrator will review the proposal and identify issues and concerns of the proposal from the viewpoint of the Zoning Code, Comprehensive Plan, neighborhood problems, other governmental agencies and the village administration. The applicant will address issues identified in the pre-application conference with appropriate agency people for possible solutions to the problem areas and the refinement of the proposal as necessary at this stage.
(b) Concept Plan.
(1) An application for concept plan approval of a PUD shall be submitted to the Planning Commission on a form provided for that purpose together with the appropriate application fee as set forth in Section 1244.03. A concept plan must include both maps and a written statement, and must show enough of the area surrounding the proposed PUD to demonstrate the relationship of the PUD to adjacent uses, both existing and proposed.
A. The maps which are part of the concept plan may be general, schematic form, and must contain the following information:
1. The existing topography of the land at two feet contour intervals;
2. Existing land use in acres and the approximate location of buildings and other structures;
3. Proposed land use including open space and the approximate location of buildings and other structures;
4. The character and approximate density of dwellings;
5. The approximate location of streets; and
6. Public uses, including schools, parks, playgrounds and other spaces.
B. The written statement to accompany the concept plan must contain the following information:
1. An explanation of the character of the PUD and the manner in which it differs from the underlying base district regulations.
2. A statement of the present ownership of all of the land included within the PUD, and a statement of the applicant's intentions with regard to the future selling and leasing of all or portions of the PUD, such as land areas, dwelling units and buildings.
3. A general indication of the expected schedule of development.
(2) The Planning Commission shall review the concept plan and shall approve, disapprove or approve the plan with modifications. The applicant must receive approval of the concept plan to proceed to development plan approval.
(c) Development Plan.
(1) An applicant seeking approval of a PUD shall submit a development plan in accordance with the following schedule:
A. The development plan shall be submitted within one year following concept plan approval;
B. In its discretion and for good cause, the Planning Commission, upon request in writing by the applicant, may extend for six months the period for the filing of the application for development plan approval; and
C. The Planning Commission may authorize the submission of a development plan in phases. If a development plan covering at least thirty percent of the area of the concept plan has not been filed within one year (or within 18 months if the time for filing has been extended by the Planning Commission) after concept plan approval, the concept plan approval shall lapse and no longer be in effect.
(2) The development plan must include all of the following information:
A. Plan showing the existing and proposed circulation system indicating street widths, major points of ingress and egress and ownership. This shall include off-street parking areas, service or loading areas and the pedestrian circulation system;
B. Proposed locations of sewer and water service entrances;
C. Areas proposed to be conveyed, dedicated or reserved for parks, drainage, parkways, playgrounds, public buildings and similar public and semi-public areas;
D. A plot plan for each building site and common open area showing the approximate location of all buildings and delineating setbacks, water detention or retention, structures and improvements and indicating the open spaces around buildings and structures;
E. Quantitative data regarding total number and types of dwelling units, parcel size, lot coverage of buildings and structures, density, total amount of open space (developed and undeveloped), and coverage by streets/driveways/parking areas;
F. Elevation and perspective drawings of all proposed structures and improvements in detail sufficient to relay the basic architectural intent and compliance with the Design Standards and Architectural Design Standards and Guidelines in Sections 1258.07 and 1258.08;
G. A generalized landscape plan;
H. A development schedule; and
I. Statement relating how the common open space and other common property will be maintained.
(d) Approval of Development Plan. The development plan shall be submitted to the Planning Commission and to the Council in conformance with the procedure for change in zoning district contained in Section 1240.04. Upon approval of the development plan by the Council, the Clerk of Council shall place a notation on the zoning map to indicate that the area contained in the concept plan has been approved as a Planned Unit Development that the zoning classification of the area contained in the concept plan has changed to Planned Unit Development (PUD).
(e) Requirements for Issuance of Building Permits.
(1) The PUD project may be developed in phases. No permit for the construction of any improvement or structure in the PUD project or any phase thereof shall be issued until the applicant has submitted to the Planning Commission and has received approval of each of the following:
A. A detailed landscape plan with a landscape schedule that includes plant types, the size of the plants when planted the mature height and spread, detail drawings of any fencing, berming, and irrigation system;
B. Covenants governing the maintenance of the open space and common property has been submitted and accepted;
C. Final commitments to any land to be conveyed dedicated or reserved for parks, school sites or other public/semi-public uses;
D. An updated development schedule;
E. Written notification by the Administrator indicating approval of the detailed engineering drawings of circulation, storm drainage, erosion control, utility systems and other infrastructure aspects and that the same are in accordance with the Subdivision Regulations; and
F. A survey of the proposed development site showing the dimension of the property lines.
(2) If sequence of construction of various portions of the development is to occur in phases, then
the open space and/or recreational facilities shall be developed, or committed thereto, in proportion to the number of dwelling units intended to be developed during any given phase of construction as approved by the Planning Commission. Furthermore, at no phase of the project shall the number of constructed dwelling units per acre of developed land exceed the overall density per acre established during the preliminary development phase.
the open space and/or recreational facilities shall be developed, or committed thereto, in proportion to the number of dwelling units intended to be developed during any given phase of construction as approved by the Planning Commission. Furthermore, at no phase of the project shall the number of constructed dwelling units per acre of developed land exceed the overall density per acre established during the preliminary development phase.
(3) If the Planning Commission has approved a single development plan for the entire area contained in a concept plan and no construction has begun or no use established within one year (or within two years if the Planning Commission has granted an extension of time) after approval of the development plan, the development plan shall lapse and no longer be in effect, in which event the Planning Commission may recommend to Council that the area contained in the concept plan be rezoned to the zoning classification in effect before approval of the PUD.
(4) In its discretion and for good cause shown, the Planning Commission may extend for one additional year a period for beginning of construction or the establishment of a use.
(f) The Zoning Administrator shall enforce this code throughout construction of the PUD, as well as any other department heads which the Zoning Administrator may feel should be involved to insure proper overall development and compliance to the plan. Construction and development of all uses and open space must be in accordance with the final development plans, covenants, commitments, schedules, engineering drawings and surveys approved by the Planning Commission in this code. If there is substantial variance, the Zoning Administrator shall notify the developer and the Planning Commission in writing. Upon continued violation, the Zoning Administrator may suspend the developer from further construction until compliance is achieved and issue such orders as are appropriate.
(g) Minor changes in the location, siting and height of buildings and structures may be authorized by the Zoning Administrator without approval of the Planning Commission or a public hearing if they are required by engineering or other circumstances not foreseen at the time the final plan was approved. There shall be no change authorized by this code which might cause any of the following:
(1) Change in the use or character of the development;
(2) An increase in overall coverage of structures in excess of 15%;
(3) An increase in density;
(4) A change in the provision and/or a reduction of open space;
(5) An increase in problems of traffic circulation and public utilities.
(h) The developer shall execute and file a financial guarantee with the village prior to requesting a building permit. Such guarantee shall be in a form approved by the Village Solicitor. The purpose of this guarantee shall be to assure the completion of the PUD as per the approved plans. This guarantee shall cover the estimated costs of engineering, grading, utilities, streets, sidewalks, curbs, gutters, streetlights and other lighting, parking lots and amenities such as recreational buildings, swimming pools, benches, landscaping, and other items as may be deemed appropriate by the Village Administrator. If the project is to proceed in phases as identified for the Planning Commission and so approved, the developer may submit a financial guarantee for each phase of the project for approval by the Village Solicitor. The developer may petition Village Council for the construction of such public improvements and the levying of special assessments to pay costs thereof and Council shall have accepted that petition.
(Ord. 2433, passed 8-19-02)