(A) Applications shall be made on forms supplied by the village and shall be complete with all support data, documents, plans, maps, justification based upon the PUD approval criteria provided in Table 21, and other documents as may be required by the village and specified in this chapter. Village review and approval of the PUD may be performed in three stages:
(1) Review of the conceptual plan by village staff and the Land Use Committee of the Planning and Zoning Commission.
(2) Review of the Preliminary PUD by the Planning and Zoning Commission.
(3) Review of the Final PUD by the Planning and Zoning Commission
(4) Review and approval by the Village Board, including adoption of the chapter approving the PUD.
(B) In some circumstances, review and approval of the Preliminary and Final PUD could be considered at the same time, subject to the petitioner making said request at the time of filing an application with the Planning and Zoning Commission.
(1) Conceptual review process.
(a) Should a petitioner desire, the village will review a conceptual plan for PUD. In order for the village to review the conceptual plan, the following items must be submitted:
1. Conceptual development plan including the site layout of buildings, roadways, access drives, and floor plans as necessary. Conceptual architectural elevations and landscape plans may also be submitted.
2. A brief written statement explaining the character of the development and its main features should accompany the plan.
(b) As quickly as possible from the date of submission of the conceptual plan, the village will review the submitted materials, after which a meeting of the Land Use Committee of the Planning and Zoning Commission will be set. If the Land Use Committee has an unfavorable recommendation, the petitioner can revise the conceptual plan and resubmit materials for the village and Committee to review. The petitioner can also choose to move forward to the Planning and Zoning Commission with a negative recommendation from the Land Use Committee.
(2) Preliminary planned unit development submission, review and approval.
(a) The materials required for Preliminary PUD approval shall be in conformance with the requirements specified in Table 1 of this chapter.
(b) As quickly as possible, the village will review the submitted material for compliance with village code and provide written correspondence of code deficiencies for review, response, and resubmittal by the applicant.
(c) Once all comments have been addressed, a public hearing of the Planning and Zoning Commission will be scheduled. The applicant is responsible for proper notification in accordance with the notification requirements of this chapter.
(d) The Preliminary PUD application material and the Planning and Zoning Commissions findings of fact shall be forwarded to the Village Board of Trustees for their approval. The Village Board shall accept, modify, or reject the Planning and Zoning Commissions recommendation. The preliminary acceptance of the PUD shall not constitute a commitment by the Village Board that final PUD approval will be granted.
(3) Final planned unit development submission, review, and approval.
(a) Approval of a preliminary plan for a Planned Unit Development shall become void unless the applicant submits a final plan substantially in conformance therewith and meeting the requirements of Table 2 in the filing procedures section of this chapter within 12 months of the date of approval of the preliminary plan, or within any extension beyond this period granted by the President and Board of Trustees. The final plan may be filed in phases, but the plan required within this period shall include no less than 25% of the land area included in the preliminary plan.
(b) The final plan may be filed simultaneously with the preliminary plan. The approval process for a final plan shall be provided under approval process in the filing procedures section of this chapter.
(c) The materials required for final PUD approval shall be in conformance with the requirements specified in Table 1 of this chapter.
(d) As quickly as possible, the village will review the submitted material for compliance and substantial conformance with village code and preliminary PUD approval, and provide written correspondence of any deficiencies for review, response, and resubmittal by the applicant.
(e) Once all comments have been addressed, a public meeting of the Planning and Zoning Commission and Village Board will be scheduled. The Village Board shall accept, modify, or reject the Planning and Zoning Commission’s recommendations. The preliminary acceptance of the PUD shall not constitute a commitment by the Village Board that final PUD approval will be granted.
(4) Amendments, changes, or modifications to an approved PUD.
(a) Approval of an amendment shall be required for:
1. Any material change or addition made to:
a. An approved preliminary plan; or
b. An approved final plan.
2. A final plan that does not conform to the preliminary plan approved by the President and Board of Trustees.
(b) An applicant seeking approval of any amendment shall file an application therefore with the village. The application shall describe the amendment sought and provide such other information as outlined in Table 1 of this chapter, or as may be required by the Planning and Zoning Commission.
(c) A substantial change to a Planned Unit Development shall be any of the following changes from the previously approved plan:
1. Any change in land use type, housing type, or residential density;
2. A changed in the location of any structure, off-street parking or loading area, common open space area, or any area or right-of-way to be conveyed to or reserved for a public body, by more than ten feet in any direction, or a change in the spacing between any two structures by more than 10%; or
3. A change of more than 10% in any non-locational quantitative specification of the previously approved plan, including:
a. Any dimension of any lot, yard, structure, or pedestrian or vehicular thoroughfare;
b. Amount of common open space acreage;
c. Utility line capacity;
d. Amount of floor area of non-residential development;
e. Amount of land to be conveyed to or reserved for any public body;
f. Size or capacity of any off-street parking or loading area;
g. Amount or dimensions of existing or proposed tree or ground cover, landscaping, or screening; or
h. Any other change that causes the development to fall short of meeting the requirements of any applicable zoning district to any greater degree than already provided on the previously approval plan.
(d) The President and Board of Trustees shall approve, conditionally approve or disapprove the amendment.
(5) Enforcement of development schedule. The final PUD approval shall be effective for no more than 24-months from the date the ordinance was adopted granting the approval. Unless a building permit has been issued and construction commenced within this time period, all ordinances approving the PUD, including any other conditions and approvals, shall be void. An extension of up to 12 months can be obtained by submitting a detailed request to the village. After appropriate review, the village will transmit the request to the Village Board for final determination. In the event that an additional request for extension is made, that request will also be reviewed by the Planning and Zoning Commission and the Planning and Zoning Commission will transmit the request with its recommendations to the Village Board for final determination.
(6) Revocation of approval of final plan. The President and Board of Trustees may revoke its approval of a final plan for a Planned Unit Development or any phase thereof in any of the following circumstances:
(a) If construction does not begin within two years after approval of the plan;
(b) If construction is not completed within the time specified in the approved construction schedule or any extension thereof granted by the President and Board of Trustees;
(c) If applicable provisions of this chapter are not complied with;
(d) If any such instance the President and Board of Trustees shall give the applicant 15 days’ notice to appear before the President and Board of Trustees to answer any charge of non-compliance; or
(e) If the President and Board of Trustees finds that the applicant is not in compliance, it may revoke approval if the Planned Unit Development is not brought into compliance within a period it specifies.
(Ord. 480B, passed 8-21-1953; Ord. 90-O-036, passed 11-8-1990; Ord. 14-O-36, passed 11-14-2014; Ord. 19-O-20, passed 9-17-2019)
Table 21: Approval Criteria for Planned Unit Developments
In recommending approval or conditional approval for a preliminary of final plan for a Planned Unit Development (PUD), the Planning and Zoning Commission shall transmit to the President and Board of Trustees written findings of fact that the application meets all of the criteria below or will meet them when the Board’s conditions are complied with. The President and Board of Trustees shall not be bound by the recommendation of the Planning and Zoning Commission, but in granting approval and conditional approval, the President and Board of Trustees shall also find that all of the following criteria are met or will be met when any conditions to which the approval is made subject are complied with:
1. Superior design. The PUD represents a more creative approach to the unified planning of development and incorporates a higher standard of integrated design and amenity than could be achieved under otherwise applicable zoning district and subdivision regulations, and that solely on this basis modifications to the use and design standards established by such regulations are warranted.
2. Meets PUD requirements. The PUD meets the requirements for Planned Unit Developments set forth in this chapter and that no modifications to the use and design standards otherwise applicable are allowed other than those permitted herein.
3. Consistent with city plan. The PUD is generally consistent with the objectives of the village Comprehensive Plan as viewed in light of any changed conditions since the adoption thereof.
4. Public welfare. The PUD will not be detrimental to the public health, safety, morals or general welfare.
5. Compatible with environs. Neither the PUD nor any portion will be injurious to the use and enjoyment of other properties in its vicinity, seriously impair property values or environmental quality in the neighborhood, nor impede the orderly development of surrounding property.
6. Natural features. The design of the PUD is as consistent as practical with the preservation of natural features of the site such as flood plains, wooded areas, natural drainage ways or other areas of sensitive or valuable environmental character.
7. Circulation. Streets, sidewalks, pedestrian ways, bicycle paths, off-street parking and off-street loading as appropriate to the planned land uses are provided. They are adequate in location, size, capacity and design, to ensure safe and efficient circulation of automobiles, trucks, bicycles, pedestrians, fire trucks, garbage trucks and snow plows as appropriate without blocking traffic, creating unnecessary pedestrian- vehicular conflict, creating unnecessary through traffic within the PUD, or unduly interfering with the safety or capacity of adjacent streets.
8. Open spaces and landscaping. The quality and quantity of common open spaces and landscaping provided are consistent with the higher standards of design and amenity required of a PUD. The size, shape and location of a substantial portion of total common open space provided in residential areas render it useable for recreational purposes. Open space between all buildings is adequate to allow for light and air, access by firefighting equipment, and for privacy where walls have windows, terraces, or adjacent patios. Open space along the perimeter of the development is sufficient to protect existing and permitted future uses of adjacent property from adverse effects from the development.
9. Covenants. Where individual parcels are to be later sold, adequate provision has been made in the form of deed restrictions, homeowners or condominium associations, or the like for:
a. The preservation and maintenance of any open spaces, thoroughfares, utilities, water retention or detention areas, and other common elements not to be dedicated to the village or another public body.
b. Such control of the use and exterior design of individual structures as is necessary for continuing conformance to the PUD Plan, such provision to be binding on all future ownership.
10. Public services. The land uses, intensities and phasing of the PUD are consistent with the anticipated ability of the village, the school districts and other public bodies to provide and economically support police and fire protection, water supply, sewage disposal, schools, and other public facilities and services without placing undue burden on existing residents and businesses.
11. Phasing. Each proposed development phase of the PUD can, together with any phases that preceded it, exist as an independent unit that meets all of the foregoing criteria and all other applicable regulations herein even if no subsequent phase should ever be completed.
(Ord. 480B, passed 8-21-1953; Ord. 90-O-036, passed 11-8-1990; Ord. 14-O-36, passed 11-14-2014)