ORDINANCE NO. 22-01
AN ORDINANCE AMENDING THE MANTENO ZONING ORDINANCE BY CHANGING REGULATIONS APPLICABLE TO PLANNED UNIT DEVELOPMENTS AND SITING THE SAME WITHIN SPECIFIC ZONING DISTRICTS
 
TIMOTHY O. NUGENT
 
Village President
 
TIMOTHY J. BOYCE
TODD CROCKETT
DIANE DOLE
JOEL GESKY
SAMUEL J. MARTIN
WENDELL PHILLIPS
 
Trustees
 
ROBIN BATKA
 
Village Clerk
 
Prepared by
LOUIS F. CAINKAR, LTD.
Village Attorney
 
ORDINANCE NO. 22-01
 
AN ORDINANCE AMENDING THE MANTENO ZONING ORDINANCE BY CHANGING REGULATIONS APPLICABLE TO PLANNED UNIT DEVELOPMENTS AND SITING THE SAME WITHIN SPECIFIC ZONING DISTRICTS
 
WHEREAS, the Village of Manteno is a non-home rule municipality duly created and existing under the laws of the State of Illinois;
 
   WHEREAS, on May 2, 2022, pursuant to notice, a public hearing was held before the Board of Trustees of the Village of Manteno on an amendment to the Manteno Zoning Ordinance in order to change the regulations applicable to Planned Unit Developments and to site the same within specific zoning districts;
 
WHEREAS, the corporate authorities of the Village of Manteno do hereby find that the proposed amendments to the Manteno Zoning Ordinance are in its best interests.
 
NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Manteno, Kankakee County, Illinois, as follows:
 
Section 1
 
That Title 9, Zoning, of the Municipal Code for the Village of Manteno, be amended by changing Chapter 4, Planned Unit Developments, to read as follows:
 
CHAPTER 4
PLANNED UNIT DEVELOPMENTS
SECTION:
9-4-1:       Intent
9-4-2:       Purpose
9-4-3:       Generally
9-4-4:      Application and Review Fee
9-4-5:       Application Procedure
9-4-6:       Pre-application Conference
9-4-7:       Sketch Development Plan
9-4-8:       Final Development Plan
9-4-9:       Standards
9-4-10:      Legal Status of Plans and Covenants; Changes
9-4-11:    Use Conceptions
9-4-12:    Bulk Regulation; Exceptions
9-4-13:    Minimum Lot Area in Residential Planned Developments
9-4-14:    Spacing Between Detached Residential Buildings
9-4-15:    Designation of Recreational Space and Permanent Common Open Space
9-4-16:    Permits
9-4-17:    Effect of Denial of A Special Use
 
9-4-1:       INTENT:
 
This chapter is intended to provide the means and the guidelines through which tracts of land may be developed through an overall approach, rather than the traditional lot by lot treatment afforded by other districts in this chapter. It is intended to provide a maximum of design freedom by permitting the developer an opportunity to utilize the physical characteristics of the site more fully through the reduction of lot sizes, yard, height and bulk restrictions and the planned mixing of uses. Through the requirements of a development plan, it is the intent that property under this chapter will be developed through a unified design providing contiguity between the various elements and ultimately leading to a better environment. Increased residential densities may be permitted under this chapter if such increases can be substantiated on the basis that the superior design makes greater densities possible with no reduction of amenities. This chapter is not intended as a panacea and should not be utilized as a device for making increased densities more palatable, or as a means of circumventing the village's development regulations. This chapter should only be employed in instances where there is truly some benefit for the community to be derived from its use.
 
9-4-2:       PURPOSE:
 
In addition to the general purpose of this chapter, the purpose of this chapter is to establish standards and procedures for planned unit developments, in order that the following objectives may be obtained:
 
    (A)    Variety and flexibility in land development that is necessary to meet with the best interests of the entire village.
 
    (B)    The allocation, maintenance, and permanent preservation of common open space, recreation areas and facilities; to offer recreational opportunities close to home, to enhance the appearance of neighborhoods by the conservation of natural resources.
 
    (C)    A maximum choice in the types of environments available to the public by allowing a development that would not be possible under the strict application of the other sections of this chapter, as well as the subdivision regulations.
 
    (D)    A pattern of development to preserve natural vegetation, topographic and geologic features, air and water quality, and other natural resources and amenities.
 
    (E)    A creative approach to the use of land and related physical facilities that result in better development and design, and the construction of aesthetic amenities.
 
    (F)    An efficient use of the land resulting in more economic networks of utilities, streets, schools, public grounds and buildings and other facilities.
 
    (G)    Land use which promotes the public health, safety, comfort and welfare.
 
    (H)    Innovations in residential, commercial, and industrial development so that growing demands of the population may be met by greater variety in type, design, and layout of space ancillary to said buildings.
 
9-4-3:      GENERALLY:
 
(A)   Planned unit developments shall only be permitted in those zoning districts in which they are permitted as special uses.
 
(B)   Planned unit developments shall only include land having the same underlying zoning classification.
 
(C)   Planned unit developments shall be designed to incorporate the entire development area as a single common development and shall not be authorized where the areas, uses, buildings, public or common private facilities or utilities, architecture and other characteristics of the development are not sufficiently integrated or where use of the planned development process is a mere subterfuge for general zoning relief.
 
(D)   Any mixed-use planned unit development shall sufficiently integrate commercial and residential uses as a part of the development and shall not be permitted to include areas where the uses and buildings devoted to commercial and residential uses are separated or segregated to take on the appearance of separately zoned land.
 
(E)    Any common area, facility or utility in a planned unit development not dedicated to the public shall be owned in common with the owners of record of the lot or lots of the planned unit development.
 
9-4-4:       APPLICATION AND REVIEW FEE:
 
Prior to village review of a sketch development plan or a final development plan, the developer shall have remitted all required fees and review expenses to the village clerk.
 
9-4-5:       APPLICATION PROCEDURE:
 
A planned unit development shall be granted as a special use permit, in accordance with standards and procedures of the Manteno zoning ordinance and may depart from the normal procedures and requirements of this chapter and the subdivision regulations. Applications shall be accompanied by the required plats, documents, and other data as required. Before applying for a planned unit development, an applicant may confer with the village administrator and/or the director of building and zoning to obtain information and guidance before entering into binding commitments or incurring substantial materials; provided however, that no such preapplication conference shall result in any binding commitments on behalf of the applicant or the village.
 
  9-4-6:       PREAPPLICATION CONFERENCE:
 
   (A)    Prior to the developer's filing of an application for sketch development plan review, it is recommended that the owner or subdivider consult with the village administrator and/or the director of building and zoning to secure information relative to the land use and zoning requirements, development regulations and standards, and other applicable regulations and standards. The purpose of the preapplication conference is to afford the subdivider the opportunity to obtain the advice and assistance of village officials, staff and other advisors and to discuss the proposed development informally prior to the preparation of the sketch plan to process approvals in a cost effective and time efficient manner.
 
    (B)    Before the meeting, it is suggested that the subdivider prepare a site plan of the proposed planned unit development on a topographic survey of the area showing the proposed layout of streets, arrangement of lots, and other features in relation to the existing conditions. Upon receipt of any request for a preapplication conference, the village administrator shall schedule a conference meeting with the developer and village representatives as deemed necessary by the village administrator.
 
9-4-7:    SKETCH DEVELOPMENT PLAN AND SPECIAL USE PERMIT APPLICATION:
  
(A)   Application: In order to discuss the general purpose of the planned unit development in the context of establishing planning policies and practices of the village of Manteno and to ensure that the required data is properly prepared and presented before expending the time and money in preparation and review of a engineered final plat, any person desiring to develop land subject to this title, before filing a final plat, shall file an application and sketch development plan of the planned development with the village. After review of the application and sketch plan by village staff and within thirty (30) days of submittal, the sketch plan shall be placed on the agenda of a regular planning commission meeting.
 
(B)    A Special Use Permit request shall be included as part of the sketch development plan application in accordance with the provisions as defined in Section 9-14-12 “Special Use Permits” of the zoning ordinance, including the required public hearing and proper notifications.
   
    (C)    Sketch Plan Copies: Five (5) full size twenty-four inch by thirty-six inch (24” x 36”) sets and twenty (20) eleven inch by seventeen inch (11" x 17") sets of the sketch plan(s) shall be submitted to the village clerk with a completed sketch development plan/special use permit application and review fees.
 
    (D)    Development Escrow:
 
       1.    Concurrently with the submission of request for sketch plan review as provided herein, the applicant shall deposit with the village treasurer, in escrow, a sum of money that shall be used by the village to defray the cost and/or expense billed for staff, infrastructure mapping, modeling, GIS and database updates, court reporters for appearance and transcript fees, and such other consultants or professionals as are hired by the village during the technical, and final plat review process and through the village's final acceptance of all public improvements. Said escrow shall also be used to pay the cost of all special planning commission or village board meetings required in the planned unit development process.
 
       2. The amount to be deposited by the applicant shall be not less than ten thousand dollars ($10,000.00). Said escrow funds shall be deposited and held by the village in an interest-bearing account with the interest payable to the village of Manteno. The village shall make disbursements from said escrow funds upon the receipt of billing statements, provided said statements have been reviewed and approved by the village board. Notice to the applicant shall not be a prerequisite to the village making said disbursements. If at any time after commencement of the review process the amount deposited has been reduced to a balance of three thousand dollars ($3,000.00) or less, the applicant shall be required to deposit an additional amount with the village so that the escrow balance is not less than the amount the applicant was originally required to deposit. Said additional amount shall be deposited with the village treasurer within fifteen (15) days after the applicant has been so notified. Notice shall be deemed given as of the date that a written notice requesting an additional amount is deposited by certified U.S. mail addressed to the applicant.
 
       3. Any funds on deposit at the conclusion of the staff's involvement with the development, provided all disbursements have been made, shall be returned to the applicant, or applied as credit toward required final platting fees. However, notwithstanding anything herein to the contrary, no final village board approval shall be granted until all the aforesaid costs have been paid. All funds disbursed from the escrow fund shall be itemized and at time of final plat approval, the total spent will be credited and deducted from the required final platting fee as defined in Section 10-4-6, "Final Plat", of this chapter. If the escrow amount spent exceeds the amount of the required platting fee, only the remaining balance of the escrow account will be returned to the applicant. There will be no refund of escrow funds already allocated for expenses associated with the development if the development fails to complete the planned unit development process.
 
    (E)    Application Fee: The sketch development plan application fee of seven hundred fifty dollars ($750.00) shall be submitted with all other required documents prior to review by the village.
 
   (F)    Planning Commission Recommendation: The planning commission, in reviewing the sketch development plan, shall discuss with the developer the proposed plan and any requirements the village may want to have incorporated into a final development plan, provided however that the village and planning commission shall not in any way be subsequently prejudiced from making any future recommendations or decisions on account of their review and comment on the sketch development plan. Sketch development plan approval does not grant the developer relief or variance from the planned unit development, subdivision and zoning standards and requirements.
 
    (G)    Requirements: Application for a planned unit development shall be executed by, or on behalf of, the landowner, accompanied by the following supporting documents:
 
       1. Ownership: The entire site of the planned unit development shall be under single ownership, and/or unified control as demonstrated by a description of legal responsibility as necessary to effectuate and maintain the plan.
 
       2. Minimum Size: The site of the planned unit development shall be determined on a case-by-case basis by recommendation of the planning commission and approval of the village board during the sketch development plan phase of the approval process. The developer/property owner shall provide sufficient evidence to show the size of the property is sufficient for the proposed use(s) and type of development.
 
       3.    Use(s): The planned unit development shall only include such uses as set forth in the regulations applicable to the underlying zoning district in which the planned unit development is to be located; provided that the uses permitted in the planned development shall be of a type and so located as to exercise no undue detrimental influence upon the surrounding properties and shall be compatible each with the other within the planned unit development.
 
       4. Land Use Plan: A land use plan for the entire planned unit development, which shows the boundaries of the proposed development, sets forth the present plans of the developer of the planned development of the area into the types of land uses and the location of such land uses. Any residential use area shown on the plan shall also show the proposed number of dwelling units and densities by type of residential unit proposed to be constructed, within each phase of the planned development. Conceptual sketches shall be provided, demonstrating the land planning concept for each proposed residential type of housing unit. Similar, but more specific information should be provided for the area of the plan intended for initial development.
 
       5. Legal Description: A legal description of the property proposed to be included in the total planned development.
 
       6. General Character: A written explanation of the general character of the proposed development including:
 
          (a) The description and quantity of all land uses to be included in the development, with maximum and minimum percentage limitations for each use as well as the proposed number of acres to be devoted to recreational areas, schools, and municipal purposes;
 
          (b) The projected type, location and number of dwelling units and densities to be constructed in each phase of the total development;
 
          (c) A description of each type of residential, commercial or industrial unit proposed to be constructed;
 
       7. General Description: A preliminary engineering study providing a general description of existing sanitary and storm facilities and service water facilities, on and adjacent to the proposed development and the proposed improvements necessary to properly handle the sanitary and storm water and service needs upon development and any additional information as may be requested by the village engineer.
 
       8. Traffic Study: A traffic study prepared by a qualified expert, providing a general description of existing roads on and adjacent to the proposed development, and the proposed road improvements necessary to properly handle the traffic anticipated to be generated upon development. A circulation diagram indicating the proposed movement of vehicles, goods and pedestrians within the planned development, and to and from existing thoroughfares. Any special engineering features and traffic regulation devices needed to facilitate or ensure the safety of this circulation pattern must be shown.
 
       9. Construction Schedule: A proposed construction schedule showing the anticipated beginning and completion dates of the project as a whole, or for each phase, if the project will be developed in phases.
 
       10. Modification, Exceptions and Variances: A description of the modifications, exceptions, and variances from this chapter or the village's subdivision regulations which are being requested as part of the application for establishment of the planned unit development.
 
       11. Front Elevation: Architects' rendering of front elevation of primary and accessory buildings. Such renderings should be of sufficient detail to permit an understanding of the proposed character of development.
 
       12. Feasibility: Adequate evidence, in the form of a market research report or other appropriate evidence to establish the need for and feasibility of the proposed development.
 
       13. Resources: A preliminary statement identifying existing natural and environmental resources, including a policy statement by the applicant expressing basic plans and procedures, which will be utilized to ensure protection of the total physical setting of the development and related environs.
 
       14. Land Use: A written statement signed by the applicant outlining and describing in detail as the planning commission deems appropriate, the arrangement by which the applicant proposes to regulate land use and otherwise ensure development of the proposed planned unit development, in accordance with the recommendation of the planning commission and approval by the village board. Such statement may, but need not, include a draft of proposed covenants and/or deed restrictions intended to be included and filed in the office of the recorder of deeds of Kankakee County prior to disposition of any land in the planned development (which covenants and/or deed restrictions may include adequate provisions to assure proper maintenance and repair of all areas and facilities under common ownership, including payment thereof, and enforceability thereof by, or on behalf of, the village), proposed character and bylaws of an association, if any, for homeowners, merchants, or industrial owners within the proposed planned development.
 
    (H)    Public Hearing: The planning commission shall hold a public hearing on the application for a sketch development plan giving notice of the time and place not more than thirty (30) nor less than fifteen (15) days before the date of the hearing by publishing a notice thereof at least once in the local newspaper.
 
    (I)    Planning Commission Action: Within forty-five (45) days after the close of the public hearing, the planning commission shall provide a written communication to the village board recommending approval, modification, or disapproval of the sketch and/or preliminary plan of the planned development and the reasons thereof:
 
       1. In what respects the proposed plan is, or is not, consistent with the stated purpose of the planned unit development regulations.
 
       2. The extent to which the proposed plan meets the requirements and standards of the planned unit development regulations.
 
       3. The extent to which the proposed plan departs from the zoning and subdivision regulations, otherwise applicable to the subject property, including, but not limited to, the density, dimension, area, bulk and use, and the reasons why such departures are or are not deemed to be in the public interest.
 
       4. The nature and extent of the common open space and recreational space in the planned unit development, the reliability of the proposals for maintenance and conservation of the common open space and recreational space, and the adequacy or inadequacy of the amount and function of the open space in terms of the densities and dwelling types proposed in the plan.
 
       5. The way said plan does or does not make adequate provision for public services, provide adequate control over vehicle traffic, and further the amenities of light and air, recreation and visual enjoyment.
 
       6. The relationship and compatibility, beneficial or adverse, of the proposed plan to the adjacent properties and neighborhood.
       7. The desirability of the proposed plan to physical development, tax base and economic well-being of the entire community.
 
       8. The conformity with the recommendations of the comprehensive plan of the village.
 
       9. In case of a plan which proposes development over a period of years, the sufficiency of the terms and conditions proposed to protect the interests of the public and residents of the planned unit development in the integrity of the plan.
 
   (J)    Action by the Village Board of Trustees: The village board, after receipt of the sketch development plan, shall approve, modify or disapprove such sketch development plan. The village board may require such special conditions in the approval of the sketch development plan, as it may deem necessary to ensure conformity with the intent of all comprehensive plan elements and the stated purpose of the planned development.
 
       1. Upon approval by the village board of the sketch development plan by resolution, a record shall be prepared including findings of fact and setting forth the terms of relief and/or variances granted from existing ordinances in general, and specifically from the subdivision regulations. No building permit shall be issued for any structure until a final planned unit development plan has been filed and approved.
 
       2. Approval of a sketch development plan shall not constitute approval of the final plan, rather it shall be deemed an expression of the approval of the layout submitted on the sketch development plan, as a guide to the preparation of the final plans. The final plan for a portion of the planned unit development or the entire planned development, shall be submitted by the developer, not later than one year (or such additional time, as may be authorized by resolution of the village board), after approval of the sketch development plan, for approval by the corporate authorities of the village and subsequent recording upon the fulfillment of the requirements of these regulations and conditions, if any, of the sketch development plan approval. The final plan shall be approved as the final land use and zoning plan if it conforms substantially with the sketch plan.
 
9-4-8:       FINAL DEVELOPMENT PLAN:
 
    (A)    Purpose: The purpose of the final development plan is to designate with particularity the land subdivided into conventional lots as well as the division of other lands, not so treated, into common open areas and building areas, and to designate and limit the specific internal uses of each building or structure, as well as of the land in general.
 
    (B)    Requirements: The final development plan of the planned unit development shall conform substantially to the sketch development plan as approved, and if desired by the developer, it may be submitted in stages with each stage reflecting a portion of the approved sketch plan which is proposed to be recorded and developed; provided however, that such portion conforms to all requirements of these regulations. The required procedure for approval of the final development plan of a planned unit development shall require the following:
       1. Application: Application for final development plan approval shall be filed with the director of building and zoning, accompanied by five (5) full size, twenty-four inch by thirty-six inch (24” x 36”) sets and twenty (20) eleven inch by seventeen inch (11" x 17") sets of the preliminary plan(s) along with a completed final development plan application. The final development plan and supporting data shall be forwarded to the planning commission for certification that the final plan is in conformity with these regulations and in agreement with the approved preliminary and sketch development plans.
 
       2. Final Development Plan Submission: Final plans for all or specified development phases of the planned unit development shall be submitted for approval. There shall be no minimum acreage requirement with respect to final plans. Approval of final plans may not be withheld for reasons that would be inconsistent with the approved sketch development plan. In considering the approval of the final plan, no further public hearings shall be required to approve changes from the sketch development plans which are not "major changes" as defined in Section 9-4-10(B) of this chapter.
 
       3. Final Development Plan Approval: Within twelve (12) months after approval of the sketch development plan by the village board, the applicant shall submit a final development plan for approval to the planning commission.
 
       4. Subdivision Plat: If the planned unit development constitutes a subdivision, a final subdivision plat shall be submitted according to the provisions of Section 10-4-6 “Final Plat”, including plat fees as defined in Section 10-4-6-(D)1. Any such final subdivision plan shall set forth on the face thereof suitable dedications of permanent open space and recreational space to be owned in common easements, rights of way, and all other criteria in form and substance conforming to the requirements of the village's subdivision regulations, as the same may be amended and in force from time to time.
 
       5. Final Version: The final version of the site plan of the planned unit development shall be filed indicating the locations of all buildings, all parking and loading spaces, and any other special structure, facility, or feature approved or required by the village board.
 
       6. Covenants/Deed Restrictions: The final version of the covenants and/or deed restrictions, if any, by which the applicant proposes to regulate land use and otherwise protect the proposed development, accompanied by the written representation and warranty of the applicant, in form and substance satisfactory to the village attorney to the effect that the owner of the real property which is the subject of the proposed planned unit development has not sold or otherwise disposed of any interest in said property and will not sell, or otherwise dispose of any such interest, prior to the filing for record of said covenants and/or deed restrictions in the office of the recorder of deeds of Kankakee County, Illinois.
 
       7. Deeds or Easement Agreement: Such deeds or easement agreements, if any, as area required or approved by the village board, shall be filed in form and substance approved by the village attorney, conveying a suitable ownership interest in the parcels within the proposed planned unit development which are to be subject to public or common ownership.
 
       8. Articles Of Incorporation: Filing a copy of the articles of incorporation of the homeowners', merchants', or industrial owners' association, if any, required or approved by the village board, certified by the secretary of state of Illinois, not more than thirty (30) days prior to the filing of the final plan; a certificate of good standing for such corporation certified by the secretary as being true, correct, and complete copy of such bylaws, as of the date not more than thirty (30) days prior to the filing of such final plan.
 
       9. Planning Commission Approval: After review of the final development plan and supporting data, the planning commission shall recommend approval of the final plan within sixty (60) days after filing by the developer. Recommendation of disapproval of the final plan of the planned unit development shall include a clear statement of the reasons thereof.
 
       10. Board Approval: Approval by the village board of the final development plan for any proposed planned unit development shall be effective only for a period of sixty (60) days after the date of such approval, unless within such sixty (60) day period the applicant shall record or cause the recordation of the final plan including any final subdivision plan, the final restrictive covenants and/or deed restrictions, and the deeds and/or easement agreements required or approved by the village board in the office of the recorder of deeds of Kankakee County, Illinois.
 
       11. Drawings and Specifications: Engineering drawings and specifications for:
 
          (a) Sanitary and storm sewer systems.
          (b) Water supply systems.
          (c) Street lighting and public area lighting systems.
          (d) Sidewalks, trails, and paths.
 
Such engineering drawings and any other drawings required by any other ordinance of the village shall be prepared in such detail as may be required by the village engineer.
 
       12. Cost Estimate: Estimate of the cost of installations of all proposed public improvements confirmed by a registered Illinois engineer.
 
       13. Impact Report: A plan or report shall be prepared by the developer and shall evaluate in general terms the impact of the proposed development on the natural environment. The report shall identify:
 
          (a) The final version of the developer's policy toward maintaining the natural environment.
 
          (b) An analysis of the existing environment prior to the proposed action. Consideration should be given to the following factors:
 
             (1) Unique physical features of the land such as soil stability, erosion, and ground contours.
             (2) Scenic views.
             (3) Drainage, runoff surface water, ground water and floodplains.
             (4) Air quality.
             (5) Areas underlain by sand and gravel aquifers.
             (6) Vegetation.
             (7) Wildlife.
 
          (c) A general listing of the effects on the environment which would be caused by the proposed development, and the actions which the developer proposes to undertake to resolve any adverse conditions resulting from development of the land.
 
       14. Final Renderings: Final architectural renderings and facades of all proposed primary structures.
 
       15. Delinquent Taxes: A certificate shall be furnished from the county collector that they find no delinquent taxes and that all special assessments constituting a lien on the whole or any part of the property of the planned unit development have been paid.
 
    (C) Time Limitations for Submission of Final Development Plans: Final plans for all of the area covered by the planned unit development shall be submitted to the village board for approval within one year after approval of the sketch development plan by the village board, provided, that upon request in writing of the developer, the village board may, by resolution duly adopted at any meeting of the village board, extend the period of time for the submission of such final plans. Final plans covering all the planned unit development shall be submitted to the village board for approval within such period of time as shall have been prescribed in the approval of the application for establishment of the planned development provided that upon request in writing of the developer, the village board may, by resolution duly adopted at any board meeting, extend the period of time for submission of final development plans covering all of the planned unit development.
 
9-4-9:       STANDARDS:
 
In granting or withholding approval of the sketch development plan or final development plan, the planning commission and the village board shall be guided by the requirements of this chapter and the following standards:
 
    (A)    Public Good: All plans shall be so designed that the public health, welfare, and safety will be protected.
 
    (B)    Property Value: The proposed development shall be such that it does not cause substantial injury to the value of other property in the immediate area.
 
    (C)    Protection Of Conditions: All plans shall provide for protection of both aesthetics and function of the natural environment, which shall include, but not be limited to, conditions pertaining to floodplains, soil, and geologic characteristics, air quality, and preservation of vegetation.
 
    (D)    Common Open Space: All plans shall provide for and ensure the preservation of adequate recreational facilities and common open space.
   
(E)    Balanced Neighborhood: Residential use areas shall have a variety of housing types and densities necessary to achieve a balanced neighborhood.
 
    (F)    Public Activities: The planned development shall include land area necessary to accommodate cultural, educational, recreational, and other public and quasi-public activities necessary to serve the needs of the residents thereof.
 
    (G)    Creative Land Uses: The proposed development shall provide for the orderly and creative arrangement of all land uses with respect to each other and to the entire village.
 
    (H)    Ways For Pedestrians and Cyclists: Walkways shall form a logical, safe and convenient system for pedestrian access to all dwelling units and to all project facilities and off-site destinations likely to attract substantial pedestrian traffic. Walkways to be used by substantial numbers of children as play areas or routes to schools or other principal destinations shall be so located and safeguarded as to minimize contacts with normal automobile traffic. Street crossings shall be held to a minimum on such walkways, located and designed to promote safety, appropriately marked and otherwise safeguarded. If substantial bicycle traffic is anticipated, bicycle paths shall be incorporated in the walkway system. Pedestrian ways appropriately located, designed, and constructed may be combined with other easements and uses by emergency or service vehicles, but shall not be used by other automotive traffic.
 
       1. Access: Access for pedestrians and cyclists shall be arranged to provide safe, convenient routes, and need not be limited to the vehicular access points. When pedestrian access points do not occur at street intersections, they shall be marked and controlled, and when such ways are exposed to substantial vehicular traffic at the edges of a district, fences or other barriers shall be erected and maintained to prevent crossings except at designated points. Bicycle paths, if provided, shall be so related to the pedestrian way system that street crossings are combined.
 
       2. Screening at Edges of The Planned Development: Fences, walls or vegetation screening shall be provided along the edges of the planned development where needed to protect residents from undesirable views, lighting, noise, or other off-site influences or to protect occupants of adjoining residential districts from similar adverse influences within the planned development. In both cases, screening shall be designed to control the existing or potential first floor residential windows in the planned development or other residential district. Screening requirements may be waived where terrain makes protection overview impractical.
 
9-4-10:    LEGAL STATUS OF PLANS AND COVENANTS; CHANGES:
 
    (A)    Compliance: All planned unit developments shall be developed in strict compliance with the recorded final development plan and supporting data. All final plans and covenants and/or deed restrictions filed and recorded hereunder shall be contractual undertakings by, and shall be binding upon, the applicants; therefore, the owners of the land covered by such planned development and their successors and assigns shall limit and control the construction location and use and operation of all land in such planned development, and all improvements and structures to be located thereon.
 
       1. Schedule: The village board shall consider the planned unit development subject to revocation if construction falls more than two (2) years behind the filed and approved schedule. The developer shall be notified at least ninety (90) days prior to any revocation hearing.
 
       2. Changes in Final Approved Plan During Development: Upon issuance of a special use permit and the necessary building permits, no changes may be made during or after the development of the final development plan as approved and recorded unless such changes are made pursuant to a new and separate application for a planned unit development.
 
       3. Occupancy: No planned unit development, or any portion thereof, may be occupied until such time as a certificate of occupancy has been issued by the building inspector and/or director of building and zoning certifying that the development of a stage of the planned development, if applicable, has been completed in compliance with the final development plan as approved and recorded.
 
    (B)    Major Changes: Any of the following changes shall be deemed to be a "major change":
 
       1. A change which alters the concept, character or intent of the sketch development plan.
       2. A change which increases residential density.
       3. A change which significantly increases the height of any building or structure; or alters the uses and design standards set forth as a minimum in this chapter.
       4. A change which significantly increases nonresidential floor area by more than ten percent (10%).
       5. A change which reduces the amount of common open space of recreational land.
       6. A change in the land use plan.
       7. A change in the transportation plan.
 
   (C)    Minor Changes: The planning commission may approve minor changes in the planned unit development which do not change the concept or intent of the development. "Minor changes" are defined as any change not defined as a major change.
9-4-11:    USE CONCEPTIONS:
 
The planning commission may recommend, and the village board may authorize, that there be permitted in part of the area of a proposed planned unit development, and for the duration of such development, specified uses substantially similar to those uses permitted in a zoning district in which said development is located, provided that the planning commission shall find:
   
(A)    That the use permitted by such exceptions are necessary or desirable and are appropriate with respect to the primary purpose of the planned unit development.
   
(B)    That the uses permitted by such exceptions are not of such a nature or so located as to exercise a detrimental influence on the surrounding neighborhood.
 
    (C) That no more than twenty percent (20%) of the ground area of the planned unit development shall be devoted to such specified use exceptions.
 
    (D) That in an industrial planned unit development, such specified use exceptions shall comply with any performance standards contained within the zoning district in which the proposed planned development is located.
 
9-4-12:    BULK REGULATION; EXCEPTIONS:
 
In the case of any planned unit development, the planning commission may recommend, and the village board may authorize, exceptions to the bulk regulations of this chapter within the boundaries of such planned development, provided that the planning commission shall find:
 
    (A)    That such exception shall be solely for the purpose of promoting an integrated site plan no less beneficial to the residents or occupants of such development as well as the neighboring property, that would be obtained under the bulk regulations of the district in which said development is located.
 
    (B)    That along the periphery of such planned unit developments, yard shall be provided as required by the regulations of the district in which said development is located.
 
    (C)    That in a residential planned unit development the maximum number of dwelling units per gross residential acre shall not exceed five (5) units per acre.
 
9-4-13:    MINIMUM LOT AREA IN RESIDENTIAL PLANNED UNIT DEVELOPMENTS:
 
Provided the overall number of dwelling units per acre (density) is not increased beyond the provisions of Section 9-4-12 of this chapter and provided that the common open space and recreational area are in accord with Section 9-4-14 of this chapter the planned development may include minimum lot areas per dwelling unit smaller than those normally required in the zoning district.
 
9-4-14:    SPACING BETWEEN DETACHED RESIDENTIAL BUILDINGS:
 
In a residential planned development, the minimum distance between the walls of any two (2) separate buildings over one story in height shall be as follows:
 
    (A)    Thirty feet (30’), if either wall contains bedroom windows.
 
    (B)    Forty feet (40'), if either wall contains living room windows.
 
    (C)    Thirty feet (30') in all other circumstances, except that the minimum distance between walls, which are parallel or substantially parallel in the portions thereof, which are directly opposite one another (measured perpendicularly) and do not exceed fifteen feet (15') in length and contain no windows, shall be:
 
       1. Fifteen feet (15') for all structures below a horizontal plane thirty-five feet (35') above grade; and
 
       2. Thirty feet (30') for all structures above said plane.
 
9-4-15:    DESIGNATION OF RECREATIONAL SPACE AND PERMANENT COMMON OPEN SPACE:
 
(A)   Residential planned unit development areas shall include recreational areas equivalent to at least thirty percent (30%) of the total planned development area.
 
(B)    Commercial, Industrial, and Mixed Use planned unit development areas shall include permanent common open space in an amount equivalent to ten percent (10%) of the total planned development area.
 
    (C)    Definitions:
      
DISTRICT PARKS: Large active and passive recreational areas generally located on or near thoroughfares and within two (2) miles of each residence intended to be served. District parks generally adjoin junior and senior high schools and often include such facilities as swimming pools, tennis complexes, recreational building and adequate off-street parking.
 
NEIGHBORHOOD PARKS: Active and passive recreational areas which usually serve children and adults in an urban area within a radius of approximately one-half (1/2) mile. Neighborhood parks generally adjoin public elementary schools and may include such features as ball diamonds and play area toward the interior of the site so the perimeter can be landscaped to buffer sound and provide a measure of safety to the public.
 
PERMANENT COMMON OPEN SPACE: Parkways, medians, landscaped green space, or other similar areas, defined as recreational areas.
 
PLAY LOTS: Active recreational areas intended for children up to six (6) or seven (7) years of age. Play lots generally feature play apparatuses, benches, sand areas and landscaping. Play lots should be located near the center of the housing areas generating children of such ages so that children need not cross arterial streets to reach play lots.
 
RECREATION AREA: Land specifically designed and intended for the active or passive recreational use of the residents of the planned unit development and shall include, but not be limited to public or private play lots and parks; school sites; storm water detention or retention areas if the planning commission determines that such areas are capable of being utilized for multipurpose recreational activities; pedestrian corridors; bicycle trails; greenbelts; and open space networks.
 
    (D)    Designation:
 
       1. The planning commission shall determine, in its reasonable discretion, whether land is designated and intended for the recreational use of residents of the planned development and in so doing shall consider the following factors:
 
          (a) The relationship of the location of the land being considered to the residential use area which it is intended to serve.
 
          (b) The size and usability of the land being considered.
 
          (c) Other existing or proposed recreational facilities capable of fulfilling recreational needs of the residents.
 
    (E)    Maintenance Of Common Open Space And Recreation Areas: In the event that the organization established to own and maintain common open space and recreation areas and related facilities or any successor organization, shall, at any time after establishment of the planned unit development, fail to maintain the common open space and recreation areas and related facilities in reasonable order and condition in accordance with the plan, the village may serve written notice upon such organization or upon the residents of the planned development setting forth the manner in which the organization has failed to maintain the space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within thirty (30) days thereof, and shall state the date and place of a hearing thereon which shall be held within fourteen (14) days of the notice. At such hearing the village may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be cured. If the deficiencies set forth in the original notice or in the modifications thereof shall not be cured within said thirty (30) days or any extension thereof, the village, to preserve the taxable values of the properties within the planned development and to prevent the common open space from becoming a public nuisance, may enter upon said property and maintain the same for a period of one year.
 
Said entry and maintenance shall not vest in the public any rights to use the common open space or recreation areas when the same is voluntarily dedicated to the public by the owners. Before the expiration of said year, the village shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space, call a public hearing upon notice to such organization, or to the residents of the planned unit development show cause why such maintenance by the village shall not, at the election of the village, continue for a succeeding year. If the village board shall determine that such organization is ready and able to maintain said common open space and recreation areas at the end of said year, then such matter shall be discontinued. If the village board shall determine that such organization is not ready and able to maintain said common open space and recreation areas in a reasonable condition, the village may, in its discretion, continue to maintain said common open space during the next succeeding year and subject to a similar hearing and determination, in each year thereafter. The decision of the village board in any such case shall constitute a final administrative decision subject to review in accordance with appropriate provisions of this chapter.
The cost of such maintenance by the village shall be assessed ratably against the properties within the planned unit development that have a right of enjoyment of the common open space and recreation space and shall become a tax lien on said properties. The village at the time of entering upon said property for the purpose of maintenance, shall file an appropriate notice of such lien upon the properties affected by such lien within the planned development.
 
9-4-16:    PERMITS:
 
Building, zoning and occupancy permits shall be required for each structure in a planned unit development. No building permit relating to any part of a planned development shall be issued prior to the approval of a final plan or such part of the planned development; provided, however, that subject to the approval of the village, excavation operations (construction of sewer, water and other utility improvements) may proceed at any time following approval of the preliminary development plan.
 
9-4-17:    EFFECT OF DENIAL OF A SPECIAL USE:
 
No application for a special use, which has been denied wholly or in part by the village board shall be resubmitted for a period of one year from the date of said order of denial except on the grounds of new evidence or proof of change of conditions found to be valid by the planning commission and the village board.
 
Section 2
 
That Title 9, Zoning, Chapter 7, Residential Districts, Article C, R-2 Two-Family Attached Residential District, of the Municipal Code for the Village of Manteno, be amended by changing Section 9-7C-4, Special Uses Permitted, to read as follows:
 
9-7C-4:    SPECIAL USES PERMITTED: The following uses shall be permitted only if specifically authorized by the board in accordance with Chapter 14 of this title:
 
 
Planned Unit Developments, as authorized by Chapter 4 of this title, provided the uses therein shall be limited to those allowed as permitted uses in the R-2 Two-Family Attached Residential District.
 
Section 3
 
   That Title 9, Zoning, Chapter 7, Residential Districts, Article D, R-3 Multiple-Family Residential District, of the Municipal Code for the Village of Manteno, be amended by changing Section 9-7D-4, Special Uses Permitted, to read as follows:
 
9-7D-4:    SPECIAL USES PERMITTED: The following uses shall be permitted only if specifically authorized by the board in accordance with Chapter 14 of this title:
 
 
Planned Unit Developments, as authorized by Chapter 4 of this title, provided the uses therein shall be limited to those allowed as permitted uses in the R-3 Multiple-Family Residential District.
 
Section 4
 
   That Title 9, Zoning, Chapter 8, Commercial Districts, Article B, C-2 Commercial District, of the Municipal Code for the Village of Manteno, be amended by changing Section 9-8B-4, Special Uses Permitted, to read as follows:
 
9-8B-4:    SPECIAL USES PERMITTED: The following uses shall be permitted only if specifically authorized by the board in accordance with Chapter 14 of this title:
 
 
Planned Unit Developments, as authorized by Chapter 4 of this title, provided the uses therein shall be limited to those allowed as permitted and/or special uses in the C-2 Commercial District or as a mixed-use development and limited to those uses allowed as permitted and/or special uses in the C-2 Commercial District and multiple-family residential uses.
 
Section 5
 
   That Title 9, Zoning, Chapter 9, Industrial Districts, Article A, I-1 Light Industrial District, of the Municipal Code for the Village of Manteno, be amended by changing Section 9-9A-4, Special Uses Permitted, to read as follows:
 
9-9A-4:    SPECIAL USES PERMITTED: The following uses shall be permitted only if specifically authorized by the board in accordance with Chapter 14 of this title:
 
 
Planned Unit Developments, as authorized by Chapter 4 of this title, provided the uses therein shall be limited to those allowed as permitted and/or special uses in the I-1 Light Industrial District.
Section 6
 
   That Title 9, Zoning, Chapter 9, Industrial Districts, Article B, I-2 Heavy Industrial District, of the Municipal Code for the Village of Manteno, be amended by changing Section 9-9B-4, Special Uses Permitted, to read as follows:
 
9-9B-4:    SPECIAL USES PERMITTED: The following uses shall be permitted only if specifically authorized by the board in accordance with Chapter 14 of this title:
 
 
Planned Unit Developments, as authorized by Chapter 4 of this title, provided the uses therein shall be limited to those allowed as permitted and/or special uses in the I-2 Heavy Industrial District.
 
Section 7
 
   If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity thereof shall not affect any of the other provisions of this ordinance.
 
Section 8
 
   All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed insofar as they conflict herewith.
 
Section 9
 
   This ordinance shall be immediately in full force and effect after passage, approval, and publication. This ordinance is authorized to be published in pamphlet form.
 
PASSED by the Board of Trustees of the Village of Manteno, Illinois and deposited in the office of the Village Clerk this 2nd day of May, 2022.
 
RECORD OF THE VOTE
Yes
No
Abstain
Absent
President Timothy Nugent
Trustee Timothy Boyce
Trustee Samuel Martin
Trustee Diane Dole
Trustee Todd Crockett
Trustee Joel Gesky
Trustee Wendell O. Phillips
TOTAL VOTES or
BY OMNIBUS VOTE
 
      DEPOSITED with the Village Clerk this
                   2nd day of May, 2022.
 
                                                 _________________________________
             ROBIN BATKA, Village Clerk
 
APPROVED by me this 2nd
day of May, 2022.
 
___________________________________
TIMOTHY O. NUGENT, Village President
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I DO HEREBY CERTIFY that this Ordinance was, after its passage and approval, published in pamphlet form by authority of the Village of Manteno, in accordance with law, this 2 nd day of May, 2022.
                                                   ____________________________________
   ROBIN BATKA, Village Clerk