A. Owner To File Application: The application for a planned development must be filed by the owner of the property on which the planned development is proposed to be located or any person or entity having a contractual interest in the property. If the application is not filed by the owner, the owner must, at a minimum, confirm to the village in writing that the owner has authorized the applicant to apply for the proposed planned development.
B. Information Required: Applications for a planned development shall be filed with the community development director in such form and accompanied by such information, with sufficient copies, as shall be established from time to time by the village. Every application shall contain, at a minimum, the following information and related data:
1. The names and addresses of the owner(s) of the subject property and the applicant(s).
2. A statement from the owner of the subject property, if not the applicant, approving of the filing of the application by the applicant.
3. A survey of, and legal description and street address for, the subject property.
4. A statement demonstrating compliance of the proposed planned development with the commercial areas revitalization master plan, and evidence of the proposed project's compliance in specific detail with each of the standards for planned developments provided in this chapter.
5. A scaled site plan showing the existing contiguous land uses, natural topographic features, zoning districts, public thoroughfares, and transportation and utilities.
6. A scaled site plan of the proposed planned development showing lot area, the required yards and setbacks, contour lines, common space, and the location, floor area ratio, lot area coverage and heights of buildings and structures, number of parking spaces and loading areas.
7. Schematic drawings illustrating the design and character of the building elevations, types of construction, and floor plans for all proposed buildings and structures. The drawings shall also include a schedule showing the number, type, and floor area for all uses or combinations of uses, and the floor area for the entire proposed planned development.
8. A landscaping plan showing the location, size, character, and composition of vegetation and other material.
9. The substance of existing covenants, easements, and other restrictions, and any to be imposed, on the use of land, including common open space, and buildings or structures.
10. A schedule showing the approximate date for beginning and completion of each stage of construction of the planned development.
11. A professional traffic study acceptable to the village showing the proposed traffic circulation pattern within and in the vicinity of the area of the planned development, including the location and description of public improvements to be installed, and any streets and access easements.
12. A professional environmental impact study identifying and describing the nature and extent of noise, light, and other potential environmental impacts associated with the planned development and the property on which the planned development is located, and the plans necessary to address those impacts.
13. A professional economic analysis acceptable to the village, including the following:
a. The financial capability of the applicant to complete the proposed planned development;
b. Evidence of the project's economic viability; and
c. A comprehensive analysis summarizing the economic impact the proposed planned development will have upon the village.
14. Copies of all environmental impact studies as required by law.
15. An analysis setting forth the anticipated demand on all village services resulting from the proposed planned development.
16. A plan showing off site utility improvements required to serve the planned development, and a report showing the cost allocations and funding sources for those improvements.
17. A site drainage and stormwater detention and maintenance plan for the proposed planned development.
18. A photometric/lighting plan for the proposed planned development.
19. A written summary of residents' comments pertaining to the proposed application from any public meeting or hearing held pursuant to subsection 13-15-5B or C of this chapter.
20. Plans necessary to describe, establish, and maintain appropriate property and building security and site control measures for the planned development and the property on which the planned development is located. These plans shall also include measures to prevent adverse impacts on neighboring properties.
C. Fees:
1. General Fees: Each application for a planned development shall be accompanied by a fee in the amount established by the corporate authorities from time to time payable to the order of the village to defray the costs and expenses of the planned development procedures, and any other filing or other charges established pursuant to this subsection.
2. Additional Cost Recovery: Every application filed for a planned development pursuant to this chapter that requires the village to incur third party costs or expenses, including, without limitation, legal fees incurred by the office of the village attorney or any attorney or firm retained by the village, shall be subject to the cost recovery fee and lien provisions set forth in this subsection. The cost recovery fee shall be in addition to the general fees.
3. Responsibility For Payment: The owner of the property that is the subject of the application and, if different, the applicant, shall be jointly and severally liable for the payment of the general fees, the cost recovery fee, and for the cost recovery lien. By signing and authorizing the application, the owner or applicant shall be deemed to have agreed to pay, and to have consented to, the general fees and cost recovery fee, plus any costs of collection, that have not been paid within thirty (30) days following the mailing of a written demand for payment to the owner or applicant at the address set forth on the application, including any additional cost recovery fees assessed herein. Any lien filed pursuant to this subsection may be foreclosed in the manner provided for mortgages or mechanics' liens under Illinois law.
4. Recoverable Costs: For purposes of calculating the cost recovery fee and general fees, the costs incurred by the village with respect to the following items shall be deemed to be the "actual costs" incurred by the village in processing an application for a planned development:
a. Publication and mailing of notices;
b. Court reporter and recording secretarial services;
c. Professional and technical consultant services;
d. Village attorney, or other village related attorney or law firm, consultation, meeting attendance, document preparation, and review;
e. Copy reproduction;
f. Document recordation; and
g. Inspection fees.
5. Escrow: For each application filed and processed pursuant to this chapter that requires the village to incur third party costs or expenses, an application fee escrow account shall be established as provided below:
a. Initial Deposit: Every petition filed that requires the village to incur third party costs or expenses shall be accompanied by an initial deposit for purposes of paying additional application fees. The amount of the initial deposit shall be determined by the village manager, and the initial deposit and any subsequent deposit shall be placed in an application fee escrow account. No interest shall be payable on any such escrow account.
b. Draws From Escrow: From the date of filing of any application, the village shall maintain an accurate record of the actual costs of processing and reviewing the application. The village shall, from time to time, draw funds from the escrow account established to pay costs identified in subsection C4 of this section and shall transfer funds to the appropriate village accounts. The village shall maintain an accurate record of all draws.
c. Additional Deposits: Should the village at any time determine that the escrow account established in connection with any application is, or is likely to become, insufficient to pay the actual costs of processing an application, the village shall inform the applicant of that fact in writing and demand an additional deposit in an amount deemed to be sufficient to cover foreseeable additional costs. Unless and until such additional amount is deposited by the applicant, the village may direct that processing of the application be suspended or terminated. Any termination shall be deemed a withdrawal of the application by the applicant.
d. Final Settlement: As soon as reasonably feasible following final action on an application, the village shall cause a final accounting to be made of the escrow deposits made in connection with the application and the actual costs of processing the application and shall make a final charge of costs against the escrow deposit. A copy of the accounting shall be provided to the applicant. If the amount in the escrow is insufficient to pay the total actual costs, a written demand for payment of the balance due shall be mailed to the applicant. If any unused balance remains in the escrow account after paying the total actual costs, that amount shall be returned to the applicant.
6. Waiver For Specified Public And Charitable Bodies: The provisions of this subsection may be waived by the corporate authorities for fees applicable to any application filed by any public body, or any agency deriving the majority of its revenues from taxes levied within the village, or any charitable or eleemosynary organization.
7. Condition Of All Planned Development Applications And Approvals: No application filed pursuant to this chapter shall be considered complete unless and until all fees due pursuant to this subsection C have been paid. Every approval granted and every permit issued pursuant to this chapter shall, whether or not expressly so conditioned, be deemed to be conditioned upon payment of cost recovery fees as required by this subsection C.
8. Time Periods: Where this chapter provides that the passage of time without decision or action shall be deemed an approval or recommendation for approval, all time periods shall be tolled during any period of nonpayment, but shall otherwise continue to run.
9. Failure To Pay: The failure to fully pay cost recovery fees when due shall be grounds for refusing to process an application and for denying or revoking any planned development approval sought or issued with respect to the land or development to which the unpaid fee relates. (Ord. G-890, 7-14-2009)