A. General.
1. A planned unit development is a special use in all zoning districts. A planned unit development must be granted in accordance with the procedures and standards of this Article, and the special use provisions of Section 15.1105.
2. An application for a planned unit development must be accompanied by a tentative plat of subdivision which meets the requirements of the subdivision regulations of the Village.
3. The Zoning, Planning, and Appeals Commission may recommend, and the Village Board may impose additional restrictions, conditions, or development schedules that are particularly applicable to the planned unit development.
B. Preliminary Development Plan.
1. Action by Zoning, Planning, and Appeals Commission.
a. After receipt of a complete application, the Zoning, Planning, and Appeals Commission will consider the proposed PUD application at a public hearing. Notice for the public hearing must be in accordance with Section 15.1103.
b. Within 45 days of the close of the public hearing, the Zoning, Planning, and Appeals Commission will prepare findings of fact and make its recommendation with respect to the proposed PUD and forward their findings and recommendation to the Village Board.
c. The Zoning, Planning, and Appeals Commission must evaluate the application based upon the standards of this Article. The Zoning, Planning, and Appeals Commission must recommend approval, approval with conditions, or denial of the PUD application.
2. Action by the Village Board.
a. The Village Board must act on the application for a preliminary development plan within 90 days of receiving the report from the Zoning Planning and Appeals Commission unless the applicant agrees to a time extension. Failure of the Village Board to act within the 90 day period or the agreed-upon extended time shall constitute denial of the application.
b. The Village Board must take action in the form of approval, approval with conditions, or denial on PUD special use applications.
c. The Village Board may refer the preliminary development plan back to the Zoning, Planning, and Appeals Commission for further consideration and public hearing.
d. Approval of the preliminary development plan vests no rights to the applicants other than the right to submit a final development plan.
C. Final Development Plan.
1. Timeframe.
a. Within six months following the approval of the preliminary development plan, the applicant must initiate the second stage of their application process by filing with the Zoning, Planning, and Appeals Commission a final development plan and final subdivision plat.
b. Upon written request by the applicant, the Zoning, Planning, and Appeals Commission, for good cause, may extend the period for filing the final development plan for a period not to exceed an additional six months.
2. Action by Zoning, Planning, and Appeals Commission.
a. Within 60 days after the proposed final development plan and all other necessary documents is filed, the Zoning, Planning, and Appeals Commission must recommend approval, approval with modification, or disapproval, and transmit its findings of fact and recommendation to the Village Board. Failure of the Zoning, Planning, and Appeals Commission to act within the 60-day period constitutes a recommendation of denial of the final development plan.
b. If the proposed final development plan does not include any changes from the approved preliminary development that exceed the criteria of this section, the Zoning, Planning, and Appeals Commission may review the proposed final development plan without conducting a public hearing.
c. If the proposed final development plan includes changes from the approved preliminary development plan which exceed the criteria of this section, the Zoning, Planning, and Appeals Commission must conduct a new public hearing in order to review the proposed final development plan.
d. If changes are required by engineering or other circumstances not foreseen at the time the preliminary development plan was approved, minor changes in the location, siting, and height of structures, streets, driveways, and open spaces may be authorized by the Zoning, Planning, and Appeals Commission to be included in the final development plan in accord with the following procedure without additional public hearings. No change authorized by this subsection may cause any of the following:
i. A change in the use or character of the development.
ii. An increase of more than 1% in the overall land coverage of structures.
iii. An increase in floor area or, in the case of residential areas, an increase in density.
iv. An increase in the problems of traffic circulation and public utilities.
v. A reduction of more than 1% in approved common open space.
vi. A reduction in off-street parking and loading spaces.
vii. A reduction in required pavement widths.
3. Action by the Village Board.
a. Upon receipt of the Zoning, Planning, and Appeals Commission recommendation, the Village Board may by ordinance approve such planned unit development granting the applicant a special use to proceed in accordance with the final development plan and any supporting documents, subject to any additional conditions or restrictions upon such terms the Village Board deems necessary or appropriate to protect and promote the public health, safety, and welfare.
b. The ordinance must include all standards, conditions, or restrictions which the Village Board deems necessary to effectuate the proposed planned unit development and protect the public interest.
c. In addition to the restrictions and conditions imposed in the ordinance approving the planned unit development, the applicant shall execute such agreements as necessary to guarantee the maintenance of public and private open space.
i. Such agreements may include the conveyance of such open space to the Village or other municipal corporation, a not-for-profit corporation, or other legal entity that holds the open space for the benefit of the public.
ii. In the event a private not-for-profit corporation or similar entity is established for the purpose of maintaining common open space, the Village may require that said corporation provide maintenance and improvements of such common open space and have the right to exact from the property owners the cost of such maintenance or improvement in a legally enforceable manner.
D. Subdivision Review Required.
1. The applicable subdivision review required under the Village subdivision regulations must be carried out as an integral part of the review of a planned unit development permit under this Article. The plans required must be submitted in a form which substantially satisfies the requirements of the subdivision regulations for preliminary and final plat approvals.
2. The submission of subdivision applications for the whole, a part, or parts of the overall planned unit development permit as indicated by phases in the development plan is permitted.
3. If any provisions of this Chapter and the subdivision regulations are in conflict, the more restrictive or detailed requirements control, unless specifically waived or altered by the Village Board upon recommendation of the Zoning, Planning, and Appeals Commission.
4. If a subdivision is created as a part of the processing of a planned unit development, the normal subdivision processing fee required by the Village subdivision regulations must be submitted to the Village, as well as the fee for a special use permit required by this Chapter.
5. The on-site internal street system, together with the provision and construction of public improvements, must be in compliance with the requirements and standards set forth in the Village subdivision regulations. The Village Board for good cause shown, upon recommendation of the Zoning, Planning, and Appeals Commission, may permit such changes or alterations of such standards as are consistent with the spirit and intent of this Chapter.
(Ord. 885, passed 11-21-2023)