(A) Purpose: The purpose of any planned unit development (PUD) shall be to allow:
1. A creative approach in the use of land and related physical facilities that results in better design, including building relationships, architectural styles, and aesthetic amenities by allowing development that would not be possible under the strict application of this title.
2. An efficient use of the land that results in more economical networks of utilities, streets and other facilities, and lowers development costs.
3. A coordinated mix of land uses that promotes the public health, safety, comfort, convenience, and welfare, and contributes substantially to the tax base of the community without making undue demands on community services.
(B) General Standards: All planned unit developments must meet the following standards:
1. Planned unit developments must be a minimum of twenty thousand (20,000) square feet in area.
2. Planned unit developments shall be compatible with the purpose and intent of this title and the village's comprehensive plan. A planned unit development shall exercise no substantial detrimental influence upon the market value of surrounding properties and it shall cause no substantial impairment of the use of those properties by present owners.
3. The petitioner must make a showing of favorable economic impact on the village.
4. The petitioner must show that the proposed planned unit development will be in no way detrimental to, or adversely affect, the environment. Natural assets and features, such as existing trees and native vegetation, shall be protected and preserved to the greatest extent possible.
5. Harmonious design, including a variety of building types, shall be encouraged.
6. If common open space is provided, the developer shall provide for and establish an organization or other legal entity for the ownership and maintenance of any common open space designated within a planned unit development. Such organization shall be created by covenants running with the land, and such covenants shall be subject to approval by the village attorney and village board, and included as a part of the final development plan. Such organization shall not be dissolved, nor shall it dispose of any common open space by sale or other means, except to an organization conceived and organized to own and maintain the common open space for the purpose of benefiting the owners and residents of the development, without first offering to dedicate the open space to the village.
7. It must be shown that the development shall not impose an undue burden on public services and facilities, such as fire and police protection, schools, parks, water, the sanitary system, and any storm water runoff.
8. The site shall be accessible from dedicated public roads adequate to carry the traffic generated by the proposed development. The driveways within the proposed development shall be adequate to serve the residents or occupants of the proposed development. Traffic control signals shall be provided without expense to the village when the village board determines that such signals are required to prevent or minimize actual or anticipated traffic hazards or congestion in adjacent streets. Merging and turnout lanes and traffic dividers shall be provided where existing or anticipated heavy flows of traffic indicate such need. Access points shall be designed to provide smooth traffic flow, control turning movements, and minimize hazards to vehicular or pedestrian traffic, and shall be approved by the agency having jurisdiction. Fire lanes shall be provided as required by the village.
(C) Permitted Exceptions To Bulk Standards:
1. A planned unit development is permitted to exceed the height limits of the district in order to accommodate denser development, subject to the approval of the village board.
2. The village board may grant a density bonus for a planned unit development, with density calculations based upon the required minimum lot sizes for the district in which the development is located. The total number of bonus units shall be determined on a case by case basis, based on the merits of the planned unit development. The village board shall grant the bonus based on its review of the proposed planned unit development and a finding that the proposed development offers superior layout and quality design based on design and environmental amenities which exceed established development standards.
3. If uses other than those permitted by the district regulations are allowed by the village board, there must be clear evidence that such uses are desirable and are appropriate with respect to the primary purpose of the development. Such uses shall not be of such a nature or so located as to exercise a detrimental influence on the development or the surrounding neighborhood.
4. If determined that the planned unit development warrants deviation from the parking requirements of this title, the village board may require more off street parking spaces to be provided, or may permit a reduction in the required number of off street parking spaces, than that required by section 6-12-13, "Required Off Street Parking Spaces", of this title.
(D) Amenities And Benefits: Planned unit developments shall include clearly identifiable communitywide benefit improvements to the village. Benefits may include, but are not limited to:
1. Provision of streetscape amenities, such as street furniture and landscaping, in addition to that required by this title.
2. Creation of community open space.
3. Utilization of transit oriented development design principles.
4. Expansion of village infrastructure that can serve other parts of the community.
(E) Procedure: In its establishment and authorization as a special use, in addition to the special use standards of subsection 6-4-3(E), "Standards For Special Uses", of this chapter the following procedures, requirements, restrictions, and conditions shall be observed. In addition to the special use procedures, approval of a planned unit development plan is a two- step process, which includes a preliminary plan and a final plan.
1. Preliminary Plan Procedure:
(a) A preliminary plan and a special use permit application shall be filed simultaneously with the planning and zoning administrator. The preliminary plan and special use permit application will be placed on the agenda of the next meeting of the plan commission/zoning board of appeals for a preliminary discussion of the proposed planned unit development. The plan commission/zoning board of appeals shall consider the proposed planned unit development at such meeting.
(b) Preliminary plans shall include the information, plans and data specified in this section. The applicant shall present such exhibits and written information as may be necessary to fully acquaint the plan commission/zoning board of appeals with the proposed planned unit development, which shall include, but not necessarily be limited to, the following:
(1) A boundary line survey of the subject site, which shall be prepared and certified by a registered Illinois land surveyor.
(2) A preliminary site plan.
(3) An analysis that shows where and why the development requires deviation from zoning ordinance regulations, why a planned unit development is necessary, and what benefits the development will provide to the village.
(4) A phasing plan delineating the various development phases, if more than one, and specifying a reasonable time allocation for each phase, shall be submitted and made a condition of approval.
(5) A landscape plan, in conformance with section 6-14-2, "Landscape Plan", of this title.
(6) A utility plan shall indicate all utilities. All utility lines necessary to serve the development shall be installed underground.
(7) A circulation plan shall indicate all circulation, pedestrian access, vehicular access and parking areas.
(c) The procedure for approval of the preliminary plan shall be:
(1) The plan commission/zoning board of appeals shall review the preliminary plan at a public hearing. No more than thirty (30) days after the final adjournment of the public hearing, the plan commission/zoning board of appeals shall either:
A. Recommend approval or denial of the preliminary plan and submit its written recommendation to the village board, which may include the recommendations of the planning and zoning administrator, village engineer, building commissioner and/or village attorney, with a copy being sent to the applicant.
B. Advise the applicant in writing of any changes, additions, or corrections to the preliminary plan required by this title. The applicant shall resubmit the revised preliminary plan for plan commission/zoning board of appeals consideration at a continuation of, or at a new, public hearing. The applicant shall do so without paying an additional filing fee. The plan commission/zoning board of appeals shall then submit its recommendations, upon review of the revised preliminary plan, in writing to the village board, which may also include the recommendations of the planning and zoning administrator, village engineer, plan commission, building commissioner and/or village attorney, with a copy being sent to the applicant.
(2) The plan commission/zoning board of appeals shall make recommendations to the village board, and shall set forth in what respects the planned unit development would be in the public interest including, but not limited to, findings of fact on the following:
A. The extent to which the proposed plan meets the stated purpose of planned unit developments.
B. The extent to which the proposed plan departs from the zoning regulations otherwise applicable to the property and whether the departures are in the public interest.
C. The extent to which the proposed plan produces a public benefit in terms of physical development, tax base, compatibility with the neighborhood and compliance with the planning objectives of the village.
D. The extent to which the proposed plan meets the requirements and standards of the planned unit development regulations and the comprehensive plan.
(3) The village board, after receipt of the recommendations from the plan commission/zoning board of appeals, shall approve, modify or deny the preliminary plan within thirty (30) days following the receipt of the written recommendations of the plan commission/zoning board of appeals. The applicant and the village board may mutually agree to extend the thirty (30) day period.
A. If the preliminary plan is denied, the village board shall state in writing the reasons for the denial, and such writing shall be filed with the village clerk and a copy shall be sent to the applicant.
B. If the preliminary plan is approved, with or without modifications agreed to by the applicant, the village board shall authorize the applicant to submit a final development plan for the planned unit development.
2. Final Development Plan Procedure: Within one year following the approval of the preliminary plan the applicant shall file with the plan commission/zoning board of appeals a final development plan containing, in final form, the information required for the preliminary plan. The final development plan shall also include the following:
(a) All Planned Unit Developments: All planned unit developments are required to submit the following as part of the final development plan:
(1) Final architectural plans.
(2) Final engineering drawings.
(3) Final development and construction schedule.
(4) Final agreements, bylaws, provisions and covenants which govern the use, maintenance and continued protection of the planned unit development, and any of its common open areas or other common facilities.
(5) An accurate legal description of the entire area within the planned unit development.
(b) Planned Unit Developments With Subdivision: In addition to the above requirements, any planned unit developments involving subdivision are required to submit the following as part of the final development plan:
(1) A final development plan suitable for recording with the county recorder of deeds.
(2) A subdivision plat of all subdivided lands in the same form of, and meeting all requirements for, a normal subdivision plat.
(3) Certificates, sales and signatures required for the dedication of land and recording the document.
(4) Tabulations of each separate unsubdivided area, including land area and number of dwelling units per gross acre.
3. Final Development Plan Approval: The final development plan shall be approved as follows:
(a) Conformance With Preliminary Plan: The plan commission/zoning board of appeals shall review the final development plan within thirty (30) days of its submission in full to the village and shall recommend approval if it is in substantial compliance with the preliminary development plan. The plan commission/zoning board of appeals shall certify to the village board that the final development plan is in conformance with the previously filed preliminary development plan. Within thirty (30) days of receipt of the plan commission/zoning board of appeals' recommendation, the village board shall review the final development plan and shall, if it is in conformity with the preliminary development plan, authorize the planned unit development and special use.
(b) Nonconformance With Preliminary Plan: The plan commission/zoning board of appeals shall review the final development plan within thirty (30) days of its submission in full to the village and if the final plan is substantially changed from the approved preliminary plan, the plan commission/zoning board of appeals shall recommend to the village board that the final development plan be denied. Within thirty (30) days of receipt of the plan commission/zoning board of appeals' recommendation, the village board shall review the final development plan and shall, if the final plan is held not to be in conformity with the preliminary plan, inform the applicant with regard to specific areas found not to be in compliance. The applicant may resubmit the final development plan to the village board with changes to those areas found not to be in conformance with the preliminary plan. The applicant may also resubmit the plan as a preliminary plan in conformance with the procedures for approval of a preliminary plan.
(c) Approval: After the approval of the final development plan, the use of the land and the construction, modification or alteration of any buildings or structures within the planned unit development will be governed by the approved final development plan rather than by any other provisions of this title.
(F) Changes To The Planned Unit Development: No changes may be made in the approved final development plan, except upon application to the village, according to the following provisions:
1. During Construction: During the construction of the planned unit development, the procedure shall be as follows:
(a) Minor changes as required by engineering or other physical site circumstances not foreseen at the time that the final development plan was approved, and verified by the village engineer, may be authorized by the village board. Any changes to the final development plan must be recorded as amendments to the planned unit development ordinance. If changes are allowed in a final site plan, then a new site plan reflecting such changes must be filed with the village noting the date of the changes.
(b) Major changes to the final development plan shall require submittal of a new planned unit development application.
2. After Construction: After the completion of construction of the planned unit development, the procedure shall be as follows:
(a) Any minor extension, alteration or modification of existing buildings or structures may be authorized by the plan commission/zoning board of appeals, if they are consistent with the purpose and intent of the final plan.
(b) Any building or structure that is totally or substantially destroyed may be reconstructed only in compliance with the final plan, unless an amendment to the final plan is approved following the procedures for an amendment.
(c) All other changes in the final development plan must be made by the village board, under the procedure authorized for an amendment. No changes may be made in the final plan unless they are required for the continued successful functioning of the planned unit development, or unless they are required by changes in conditions that have occurred since the final development plan was approved or by changes in the development policy of the village.
(G) Conditions And Guarantees: Prior to granting any special uses, the plan commission/zoning board of appeals may recommend, and the village board shall stipulate, such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the planned unit development as deemed necessary for the protection and requirements specified herein, or as may be granted from time to time. In all cases in which planned unit developments are granted, the village board shall require such evidence and guarantees, as it may deem necessary, as proof that the conditions stipulated in connection therewith are being, and will be, complied with.
(H) Termination Of A Planned Unit Development: If construction work on the proposed planned unit development has not begun within eighteen (18) months from the date of authorization by the village board, the authorization shall become null and void. However, the applicant can request an extension, upon his/her written application, filed prior to the termination of the eighteen (18) month time limit. The village board may authorize a single extension of not more than twelve (12) months without a public notice.
(I) Fees: Fees shall be established from time to time by resolution of the village board. (Ord. 2006-37, 12-21-2006)