A. Timeframe.
1. Except in cases involving a written agreement to the contrary, the construction of a planned unit development permit must commence within 12 months from the date of the passage of the authorizing special use permit ordinance by the Village Board and must proceed to completion in accordance with the phasing program, if any, contained therein.
2. Upon application by a permittee of a planned unit development, the Village Board may extend the time for the commencement of construction as follows:
a. If a delay, or anticipated delay, is caused by governmental action without fault on the part of the developer, an extension may be granted for a period not longer than the period of the governmental delay.
b. For good cause shown, an extension may be granted for a period of time as the Village Board deems appropriate but not exceeding 12 months exclusive of extensions authorized under item a above.
B. Establishment of Common Open Spaces and Facilities. The establishment of common open space and construction of public or common recreational facilities shown on the final development plan together with the construction of other non residential structures must proceed substantially in accordance with the phasing program approved as part of the final development plan.
1. Occupancy Permits. No occupancy permit for any structure in the development will be issued until a pro rata share of the common open spaces and facilities required in compliance with the phasing plan have also been placed in a condition suitable for use or occupancy.
2. Developer Responsibility. The developer must maintain control of all common open spaces and facilities, and be responsible for required maintenance, until the same are formally turned over to a public agency or private association. The Village Board may determine when the common open spaces and facilities must be formally turned over, based upon the status of the development, when this item is not adequately addressed in the phasing program.
C. Revocation of Permits.
1. The Village Board may at any time request written reports on the progress and development of the proposed planned unit development.
2. If the Village Board is satisfied that the permittee has abandoned the development of the proposed planned unit development, or failed to follow the final development plan, it may hold a public hearing for the purpose of considering the revocation of all permits issued and action taken.
3. Written notice of said hearing must be sent by certified mail (return receipt) to the permittee at the business address stated in the application for the planned unit development or such other address provided by the permittee in writing. Publication of said hearing must also be given in accordance with the provisions of this Chapter.
4. If the Board determines that there has been abandonment of the proposed planned unit development project or a failure to follow the final development plan, it may then revoke the planned unit development special use permit.
(Ord. 885, passed 11-21-2023)