A. Purpose: The unique and substantially different character of residential planned unit developments require their administrative processing as a "special use" in this title. Residential planned unit developments are more complex and of a different character than other special uses, requiring the establishment herein of specific and additional procedures, standards and exceptions to govern the recommendations of the village board. The purpose of the residential planned unit development is to encourage and allow more creative and imaginative design for land developments than is possible under conventional district zoning regulations. The residential planned unit development also provides for more efficient use of the land, and thus results in more economical land development. Preservation of natural site qualities, better amenities, more open space, and a high quality project are the normal results of the planned unit development process.
The following objectives may be obtained through the use of the residential planned unit development procedure:
1. To permit a greater choice in types of environment available to the public by allowing a development that would not be possible under the strict application of the other sections of this title.
2. To promote a creative approach to the use of land and related physical facilities that results in better design and development, with the inclusion of aesthetic amenities.
3. To combine and coordinate architectural styles, landscape design, building forms and building relationships with a possible mixing of different uses in an innovative design.
4. To enhance the appearance of neighborhoods through the provision of underground utilities, and the preservation of natural vegetation, topographic and geological features and environmentally appropriate features.
5. To provide for the prevention and/or control of soil erosion, surface flooding and the preservation of subsurface water.
6. To create a method for the preservation of common open space for the continuous use and enjoyment of the residents and users of the development.
7. To provide for more usable and suitably located recreational facilities, schools and other public and private facilities.
8. To promote the more efficient use of the land resulting in more economic networks of utilities, circulation and other facilities.
9. To create a method for the permanent preservation of architectural, natural and/or historic landmarks.
10. To encourage land use which promotes the public health, safety, comfort, morals and welfare.
B. Minimum Area: A minimum site of one hundred twenty five (125) acres shall be required for all residential planned unit developments.
C. Uses Allowed: The uses which may be permitted under a residential planned unit development include those listed as permanent uses or special uses in the underlying district(s).
D. Density: The density of a residential planned unit development shall not exceed the amount or number of dwelling units allowed under the requirements of the underlying zoning district. Except, density bonuses may be granted for the presence of exceptional design features in a Residential Planned Unit Development. The eligible design features are:
1. Adjacent Major Roads: Where the development is abutting one or more of the following major roads: Lake-Cook Road, Milwaukee Road or Saunders Road (south of Deerfield Road), an increase of up to forty percent (40%).
2. Adjacent Permanent Open Space: Where the development is adjacent directly to permanently reserved open areas of green space in contiguous tracts exceeding five hundred (500) aggregate acres, an increase up to twenty five percent (25%) of the base residential density may be granted.
3. Excellence in Site Planning: Where the project site plan exhibits exceptional adherence to the purposes and objectives of this Chapter, an increase of up to fifty percent (50%) of the base residential density may be granted. In addition to the standards found in Section 10-9-8 of this Chapter, the following standards shall be used to measure site plans for excellence:
a. The natural topographic and landscape features of the site shall be incorporated into the development wherever possible.
b. The site shall not be so overcrowded as to cause unbalanced relationships of building to open space. Additional landscaped areas beyond the minimum required shall be encouraged, preferably exhibiting continuity throughout the development.
c. Open space areas shall not be unduly isolated from one another by unrelated obstructions such as buildings and paved vehicular areas, but rather, shall be linked by open space corridors of reasonable width.
d. Buildings shall be sited in an orderly fashion in sympathy with the natural features of the site. Excessively long unbroken building facades shall be avoided.
e. The floor plans of residential units shall have proper orientation, access and view to adjacent private and public open space.
f. Through traffic shall be discouraged and the intrusion of automobiles into the privacy of residential environments shall be minimized while maintaining the convenience of access between the units and parking areas.
g. Adequate building setbacks, open spaces and landscaped buffers shall be provided around the perimeter of the property.
4. Neighborhood Facilities: When an appropriate and adequate neighborhood facility, such as a swimming pool, tennis courts or gymnasium/health club, is constructed and made available to the residents of the development an increase of up to ten percent (10%) in the base residential density may be granted.
5. Public Facilities: Where an appropriate and adequate public facility or facilities, such as a library, community center, day care facility, park, school, fire station, utilities or storm water management system serving the community as a whole, or a part thereof beyond the subject site, is (are) constructed in a manner acceptable to the suitable operating agency, an increase of up to twenty five percent (25%) in the base residential density may be granted. Where only the land for such a facility is dedicated to the public, an increase of up to fifteen percent (15%) in the base residential density may be granted.
Bonuses may be added together if more than one is present. However, the maximum permitted residential bonus shall be 1.0 times the maximum number of legal, standard lots that can be subdivided on the property pursuant to the underlying zoning district as calculated by multiplying 1.0 times the gross square feet of the property, less rights of way currently utilized for state or county roads and less five percent (5%) of the remaining gross area for local collector roads, divided by the minimum lot size permitted in the zoning district. The density bonuses granted herein are discretionary on the part of the Village. Bonuses less than the maximum for the design features specified above may be granted.
E. Modifications:
1. Except as noted below, the yard, lot area, lot width, lot shape, lot coverage, height and dwelling size requirements and the limits on combinations of principal structures and uses may be modified under a Residential Planned Unit Development, subject to the standards set forth in subsection G.
2. The required yards along the periphery of the Residential Planned Unit Development shall be at least equal in width or depth to those of the directly adjacent zoning district(s), not counting districts removed by the presence of an intervening publicly dedicated street right of way.
3. Requirements regarding any improvements covered under the Riverwoods Subdivision Ordinance, including sidewalks, streets, curbs, gutters, sanitary sewers, storm sewers, water lighting, landscaping, parking and retention/detention facilities shall be modified only as specifically provided for in the special use ordinance authorizing the Residential Planned Unit Development.
F. Procedures: A Residential Planned Unit Development shall be reviewed as a "special use" in accordance with the procedures and standards of this Section, and shall be processed in three stages as set forth below. Additional requirements regarding the processing of applications, including public hearing procedures and the requirements for the recording of plats shall be set forth in various administrative procedure documents, as amended from time to time. Fees shall be set by the Village Board, and a list of such shall be kept on file in the office of the Village Clerk.
1. The Applicant: The application for a RPUD shall be either all of the owners of record of the property which comprises the RPUD or the contract purchaser, with consent of all owners, provided:
a. That the application shall be submitted in the name of the owners of record, and
b. That the party petitioning for the RPUD shall disclose his interest in the property, such as an equitable interest via a purchase contract for all or a portion of the property in question.
2. Pre-Application Conference:
a. A request for a pre-application conference shall be made in writing to the Village. At least two (2) weeks prior to the conference, the applicant shall provide written or graphic information as to the location, size and uses in the proposed development and a list of all requested modifications to the Subdivision Code and Zoning Ordinance. Prior to the conference, a Technical Committee selected by the Mayor and approved by the Board of Trustees, will review the proposal for its compatibility with the Comprehensive Plan and the general planning policies and precedents of the Village.
b. At the conference, the Technical Committee will inform the applicant of the results of the preliminary review and of the information, materials and documentation that must be submitted for a formal application.
c. Within two (2) weeks after the conference, the Technical Committee will submit a written report to the Board of Trustees who will review the report and either direct the applicant to proceed with his formal application or refer it back to the Technical Committee for further study and action.
d. A fee of one hundred dollars ($100.00) must be paid to the Village by the applicant at the time of the initial pre- application conference.
3. Preliminary Site Plan:
a. Upon completion of the pre-application procedure, the applicant may then make formal application to the Village Board requesting a special use permit for a planned unit development on forms provided by the Village, and including copies of a preliminary site plan containing the information required in subsection 9-11-12H. This preliminary site plan shall be the subject of a public hearing before the Plan Commission, as regulated in Section 9-11-9, Special Uses.
b. The Village Clerk shall forward one copy of the Preliminary Site Plan and special use permit documents to each of the following persons within five (5) working days of receipt thereof from the applicant: Village President and Trustees, all members of the Plan Commission, the Village Engineer, the Village Planner and the Village Attorney. The balance of the copies of the documents shall be held on file by the Village Clerk for use by other public officials as may be required.
c. The Plan Commission shall, within sixty (60) days of the filing, conduct a public hearing on the special use permit applicant in accordance with applicable statutes.
d. Within a reasonable amount of time, usually within forty five (45) days after the adjournment of the public hearing, the Plan Commission shall submit in writing its finding of facts and recommendations to the Village Board and the applicant, based on the standards set forth in subsection 9-11-12G.
e. The Board of Trustees shall approve, approve with conditions and modifications or reject the Preliminary Site Plan within a reasonable amount of time, usually within sixty (60) days after its next regular meeting following the receipt of the written recommendation of the Plan Commission.
(1) If the Preliminary Site Plan is not approved, the Village Board may state in writing the reasons for the decision and such writing, if prepared, shall be filed with the Village Clerk, and a copy shall be sent to the applicant.
(2) If the Preliminary Site Plan is approved or approved with conditions and modifications, the Village Board shall authorize the applicant to submit a Final Development Plan for the Planned Unit Development.
4. Final Development Plan:
a. Within one year following the approval of the Preliminary Site Plan, the applicant shall file with the Village a Final Development Plan for at least thirty three percent (33%) of the subject site containing, in final form, the information required in the Preliminary Site Plan and additional information as required in subsection 9-11-12I. Within three (3) years following the approval of the Preliminary Site Plan, the applicant shall have filed with the Village a Final Development Plan for all portions of the subject site.
b. The Plan Commission shall review each Final Development Plan with regard to its conformance to the approved Preliminary Site Plan and to the Final Development Plan requirements, and shall submit its report and recommendations to the Village Board, usually within forty five (45) days.
c. The Village Board, after receipt of the report and recommendations of the Plan Commission shall review each Final Development Plan, and if it is determined to be in substantial conformance with the approved Preliminary Site Plan and in conformance with the Final Development Plan requirements, will authorize by Ordinance the issuance of a special use permit.
If any Final Development Plan is held to be not in substantial conformance with the Preliminary Site Plan or in conformance with the Final Development Plan requirements, the Village Board shall inform the applicant of the specific areas found deficient. The applicant may request from the Village Board an extension of time to bring each Final Development Plan into conformance and to complete the requirements, or may request a new public hearing under the procedures established for approval of a Preliminary Site Plan.
d. Once the special use permit is issued, the Village Clerk shall amend the official zoning map of the Village to show the approved underlying zoning district, the number of the ordinance approving the special use permit.
G. Standards: Modifications in conventional zoning and subdivision regulations are privileges and will be considered by the Village Board only in direct response to the accrual of tangible benefits from the Residential Planned Unit Development to the Village or the neighborhood in which it would be located. These benefits shall be in the form of exceptional amenities; outstanding environmental, landscape, architectural or site design; or the conservation of special man-made or natural features of the site. In reviewing an application for a Residential Planned Unit Development, the Village Board will be required to make certain findings based on the standards below:
1. Required Findings: No applicant for a Residential Planned Unit Development shall be approved unless all of the following findings are made about the proposal:
a. Comprehensive Plan: It shall conform with the Comprehensive Plan and the general planning policies and precedents of the Village, particularly with reference to the following:
(1) Land use policies.
(2) Land use intensity.
(3) Housing goals.
(4) Traffic impact and parking.
(5) Impact on schools, public utilities and facilities.
(6) The character of the Village and the specific neighborhood.
(7) The conservation and enhancement of the tax base and economic well-being of the Village.
b. Permitted Uses: Each of the proposed uses is a permitted or special use in the district or districts in which the Residential Planned Unit Development would be located.
c. Public Welfare: It shall be so designed, located and proposed to be operated and maintained that the public health, safety and welfare will not be endangered or detrimentally affected.
d. Impact on Other Property: It shall not substantially lessen or impede the suitability for permitted use and development of, or be injurious to the use and enjoyment of, or substantially diminish or impair the value of, or be incompatible with, other property in the immediate vicinity.
e. Impact on Public Facilities and Resources: It shall not create an adverse impact on municipal facilities, parks and recreation, schools, fire and police protection, or the resources to support them.
f. Infrastructure: It shall have or make provision for adequate utilities, drainage and other necessary facilities.
g. Parking and Traffic: It shall have or make adequate provision for parking and ingress and egress and be so designed as to minimize traffic congestion and hazards in the public streets.
h. Adequate Buffering: It shall have adequate site area, which area may be greater than the minimum in the district in which the proposed site is located, and other buffering features to protect uses within the development and on surrounding properties.
i. Performance: There shall be reasonable assurance that if authorized, it will be completed according to schedule and adequately maintained.
2. Modification Standards: In addition to the findings required above, the following standards shall be utilized by the Village in considering applications.
a. Integrated Design: A Residential Planned Unit Development shall be laid out and developed as a unit in accordance with an integrated overall design. This design shall provide for safe, efficient, convenient and harmonious grouping of structures, uses and facilities, and for appropriate relation of space inside and outside buildings to intended uses and structural features.
b. Beneficial Common Open Space: Any common open space in the development shall be integrated into the overall design. Such spaces shall have a direct functional or visual relationship to the main buildings and not be of isolated or leftover character.
c. Functional and Mechanical Features: Exposed storage areas, trash and garbage retainers, exposed machinery installation, service areas, truck loading areas, utility buildings and structures, and similar accessory areas and structures shall be accounted for in the design of the project and made as unobtrusive as possible. They shall be subject to such setbacks, special planting or other screening methods as shall reasonably be required to prevent their being incongruous with the existing or contemplated environment and the surrounding properties.
d. Visual and Acoustical Privacy: The development shall provide reasonable visual and acoustical privacy for each dwelling unit. Fences, insulations, walks, barriers and landscaping shall be used as appropriate for the protection and aesthetic enhancement of property and the privacy of its occupants, screening of objectional views or uses and reduction of noises.
e. Ownership Plan: The development may consist of conventionally subdivided lots to be sold, unsubdivided single ownership, separate condominium ownership of structures, or other ownership methods, provided that the ownership plan ensures the continued maintenance of the properties and of the various amenities and conservation and design features of the Residential Planned Unit Development as a whole.
f. Energy Efficient Design: A Residential Planned Unit Development shall be designed with consideration given to various methods of site design and building location, architectural design of individual structures and landscaping design capable of reducing energy consumption within the development. Design features or facilities which utilize solar or wind energy, or which effectively reduce consumption or use of water, motor vehicles' nonrenewable energy sources or sewage treatment facilities will be encouraged to the extent to which they conform with the other objectives of this Title.
g. Landscape Conservation and Visual Enhancement: The landscape in a Residential Planned Unit Development shall be conserved and enhanced, insofar as practical, by minimizing tree and soil removal, and the conservation of special landscape features such as streams, ponds, groves and land forms. The addition or use of trees, shrubs, flowers, fountains, ponds, special paving materials, benches and seating areas, special lighting fixtures and other amenities will be encouraged to the extent of their appropriateness and usefulness to the development and the likelihood of their continued maintenance.
h. Drives, Parking and Circulation: Principal vehicular access shall be from major streets, and access points shall be designed to encourage smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic. With respect to vehicular and pedestrian circulation, including walkways, interior drives and parking, special attention shall be given to location and number of access points, general interior circulation, separation of pedestrian and vehicular traffic, adequate provision for service by emergency vehicles and arrangement of parking areas that are safe and convenient, and insofar as practicable, do not detract from the design of proposed buildings and structures and the neighboring properties.
i. Relationship to Public Facilities and Utilities: The development shall be so designed as to have access to such facilities and utilities in the same degree as would development under existing zoning, and shall be so located, designed and scaled that access of public services is equivalent to, and net costs for such services is not greater than, access and net costs for public services for development as permitted under existing zoning.
j. Surface Water Drainage: Special attention shall be given to proper site surface drainage so that removal of surface waters will not adversely affect neighboring properties or the public storm drainage system. Surface water in all paved areas shall be collected at intervals so that it will not obstruct the flow of vehicular or pedestrian traffic.
H. Preliminary Site Plan: The following items constitute the minimum requirements for the contents of a Preliminary Site Plan, unless waived by the Village Board. The applicant should feel free to supplement the list with whatever materials deemed appropriate to illustrate compliance with the regulations and intent of this section.
Maps which shall be included as part of the application shall be drawn at a scale of one hundred feet to one inch (100'=1") or, if the area of the site is more than two hundred (200) acres, two hundred feet to one inch (200'=1"). All maps shall be dated and include a scale and north point.
1. A legal description of the site.
2. A boundary line survey of the site prepared and certified by a registered land surveyor, showing the dimensions of the property's boundaries and all existing rights of way adjacent to the property.
3. Existing and proposed topography of the land with contours shown at intervals no greater than two feet (2'). Topographic data shall refer to the U.S.G.S. North American Datum--Mean Sea Level Elevation.
4. Existing and proposed landscape features including significant tree groupings, isolated preservable trees six inches (6") or more in diameter at one foot (1') above ground level, scenic views and other natural features such as lakes, ponds, waterways, wetlands, floodplains, etc.
5. Existing zoning and land uses on and adjacent to the site.
6. Village, school district and park district boundary lines on or adjacent to the site.
7. Locations and dimensions of all existing and proposed structures, building heights, number of stories, gross floor areas, floor area ratios and entrances.
8. All proposed uses including statistical tabulation of the acreage amounts of all uses, the number, size and the type of dwelling units in all structures, and the dwelling unit density.
9. Locations and dimensions of all existing and proposed streets, curb cuts, aisles, bicycle paths and walkways, the number and location of all parking spaces and loading areas and the names of all streets. If the exact use of the site is not known at the time of a site plan submittal, parking and loading requirements shall be calculated for the general use having the greatest parking and loading requirements.
10. All areas to be dedicated as common open space, designated for easements, and all sites to be conveyed, dedicated or reserved for parks, playgrounds, school sites, public buildings and similar public and quasi-public uses, together with the proposed plan for the permanent maintenance of such common open space areas.
11. A utility concept plan, including the location of all existing sanitary sewer, storm sewer and water lines on the site and on property immediately adjacent to the site. Similar information shall be provided for gas, electric, telephone and cable television utilities. The utility concept plan shall be accompanied by a statement from the Village Engineer attesting to the capability of existing systems to service the proposed development.
12. A storm water drainage plan, identifying portions of the site in the flood plain or in flood plain fringe areas, the existing and proposed flow and storm drainage, and the location of drainage ditches, culverts, standing water and proposed detention/retention facilities.
13. A plan for wetland delineation, preservation, enhancement or mitigation.
14. Soil problem areas based on a soil survey of the site including a report from the Soil Conservation Service. Additional soil information may be requested by the Plan Commission and/or the Village Engineer.
15. Location, height and material for all screening walls and fences, the location and direction of proposed lighting facilities and the location and dimensions of each outdoor trash storage area.
16. A detailed listing of all requested modifications to zoning and subdivision requirements, and the reasons why such modifications are deemed to be in the public interest.
17. Other information requested by the Plan Commission or the Village Board necessary to reasonably clarify the proposal and its impact or economic feasibility. Such information may include but not be limited to any of the following:
a. A traffic study by a qualified traffic engineer indicating the volume of traffic to be generated by the Residential Planned Unit Development and proposing any special engineering design features and/or traffic regulation devices needed to ensure the proper safety of traffic circulation to, through and around the Residential Planned Unit Development or any phase of it.
b. Tax and school impact study detailing the impact the Residential Planned Unit Development will have on all taxing bodies. In addition, the expected number of students to be generated by any residential portion of the Residential Planned Unit Development shall also be quantified, and estimates made, as to the projected revenues and expenditures by the Village attributable to the development.
c. A conceptual landscaping planting plan, indicating the height, size, location, quantities and variety of plant materials.
d. An analysis of the marketability of proposed sale or rental properties or of the demand for proposed services or uses.
I. Final Development Plan:
1. Contents: Each Final Development Plan shall include the following:
a. All of the information required for the approved Preliminary Site Plan, updated and in final form.
b. A Preliminary Subdivision Plat or, at the applicant's option, a Final Subdivision Plat of all subdivided lands in the same form and meeting all requirements of the Riverwoods Subdivision Control Ordinance, to the extent that compliance with the subdivision regulation of the Village shall be required by the Village Board of Trustees.
c. An accurate legal description of each separate unsubdivided use area, including common open space.
d. Certificates, seals and signatures required for the dedication of land and recording of the document.
e. A copy of the formal agreement with a public agency or private association for the ownership and maintenance of the common open space and drainageways.
f. A restrictive covenant in a form acceptable to the Village Attorney limiting development of, and construction upon, the tract as a whole to such development and construction as shall comply with the Final Development Plan and the special use permit granted by the Village Board, which document shall include a provision granting the Village a right to enforce the same.
g. Final Landscape Plan for all rights of way, common areas and conservation easements on builder lots, indicating the height, size, location, quantity and variety of all plant materials, and a suitable process for approval of landscape plans for dedicated conservation easements on custom lots.
For purposes of this ordinance the following definitions apply:
BUILDER LOTS: All lots which are controlled by the developer or home builder and for which the developer/or home builder will be responsible for coordinated construction and landscaping.
CUSTOM LOTS: All lots which are controlled by individual private owners, on which homes and landscaping will be designed and constructed to suit the "custom" desires of the individual owner.
h. Final engineering drawings including the final utility plan.
i. Final architectural design development drawings, including plans, elevations and sections for all major structures on builder lots, and a suitable process for approval of architectural drawings for all major structures on custom lots.
j. Proof of all applicable approvals from State and County officials or from other agencies outside the Village having jurisdiction.
k. A schedule for construction of all phases of the development, including landscaping, utilities and site amenities indicating when each phase can be expected to begin and end.
2. Permitted Changes: Minor changes from the approved Preliminary Site Plan may be allowed in the Final Development Plan without a public hearing, provided such changes are determined to be minor by the Village Board after review and recommendation by the Plan Commission. A change shall not be considered minor if it includes any of the following:
a. A change in the use or character of the development.
b. An increase by more than one percent (1%) in the overall coverage of structures.
c. An increase in the density or intensity of use.
d. A relocation of any street, curb cut or intersection of more than ten feet (10') in a manner which would increase the problems of traffic circulation or public utilities, or which would cause a significant negative impact upon the buffer or open space scheme.
e. A reduction of more than one percent (1%) in approved open space.
f. A reduction in off-street parking and loading spaces.
g. A reduction in required pavement widths.
h. A change in the arrangement or location of principal structures or uses by more than ten feet (10').
i. A reduction in total storm water detention capacity or an increase in the design rate of storm water discharge from the site.
Changes in addition to or in excess of the limits described above shall be considered major changes and require submission of a new application which shall be processed and approved in the same manner as required for the original application.
J. Conditions of Development: After the approval of the Final Development Plan, the use of land and construction, modification or alteration of any buildings or structures within the Residential Planned Unit Development will be governed by the approved Final Development Plan and all applicable Village ordinances not specifically waived in the ordinance granting a special use for the Residential Planned Unit Development. In addition, the following conditions apply to the construction of a Residential Planned Unit Development:
1. Construction in accordance with the Final Development Plan shall commence within one year. Failure to commence within that period shall, unless an extension has been granted by the Board of Trustees according to subsection 9-11-12J2 below, automatically render null and void the final plan approval of the Residential Planned Unit Development Plan, all prior plan approvals upon which final plan approval depends, including all permits based on such approvals, and the special use permit for the Residential Planned Unit Development.
2. The Village Board may extend the time limit 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 such period of time as the Village Board deems appropriate but not exceeding twelve (12) months exclusive of extensions authorized under subsection 9-11-12J2a, above.
3. No permit shall be issued for any construction in a Residential Planned Unit Development, nor shall any use of the properties commence until the developer posts with the Village a sum in cash, negotiable securities surety bond or irrevocable letter of credit running to the Village in an amount sufficient to cover the full cost, including engineering, legal and inspection fees and costs, plus twenty five percent (25%) of such total, to ensure the satisfactory installation of all streets, sidewalks, curbs, gutters, sanitary sewers, storm sewers, water lighting, landscaping, parking, retention/detention areas and all other public improvements. The cost of the improvements shall be based on confirmed estimates approved by the Village Engineer and all guarantees except cash and negotiable securities shall be reviewed by the Village Attorney for conformance to Village ordinances. If a surety bond is submitted, it shall have good and sufficient surety thereon and shall not be accepted until approved by the President and Board of Trustees. If the Residential Planned Unit Development is to be constructed and developed in stages or phases, the deposit of cash or securities or the bond posted, shall be in an amount based upon the confirmed estimated cost of installation of improvements in the respective stage or phase as approved by the Village Engineer.
4. No changes shall be made in the approved Final Development Plan, except with the approval of the Village Board according to the same limitations and procedure set forth in subsection 9-11-12I2. Any approved changes must be recorded as amendments to the recorded copy of the Final Development Plan. If the approved change is related to any of the approved plans or drawings, amended plans or drawings must be filed with the Village and recorded. No changes may be made in the Final Development Plan unless they are required for the continued successful functioning of the Residential 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 in the Village.
5. The Village Board may at any time request written reports on the progress and development of the proposed Residential Planned Unit Development. If the Village Board is satisfied that the permittee has abandoned the development of the Residential Planned Unit Development or failed to follow the Final Development Plan, it shall hold a public hearing for the purpose of considering the revocation of all permits issued and action taken herein. Written notice of said hearing shall be sent by certified mail (return receipt) to the permittee at the business address stated in the application for the Residential Planned Unit Development. If the Village Board finds that the permittee has abandoned the development of the proposed Residential Planned Unit Development or failed to follow the Final Development Plan, it may then revoke all permits issued and action taken herein.
6. Any building or structure within the Residential Planned Unit Development that is totally or substantially destroyed may be reconstructed only in compliance with the Final Development Plan unless an amendment to the Final Development Plan is approved following the procedures required for the original application.
K. Conditions and Guarantees: Prior to granting a special use permit for a Residential Planned Unit Development, the Plan Commission may recommend, and the Village Board stipulate by Ordinance, such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the Residential Planned unit development as deemed necessary for the protection and requirements specified herein or as may be, from time to time, required. In all cases in which planned unit developments are approved, 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. (Ord. 93-1-3, 1-19-1993)
L. Expansion: If any land which has not been previously annexed to any municipality is contiguous to an existing residential planned unit development, then such land, upon its annexation to the village, shall be eligible to be classified as a part of the existing residential planned unit development. Except as provided in this section the procedures and standards for requesting classification as a part of an existing residential planned unit development shall be the same procedures and standards as govern any original request to be classified as a residential planned unit development. In particular, the required findings about the residential planned unit development to be made as provided in subsections G1 and G2 of this section shall be made by the village board about the proposal to classify the annexed land as part of the residential planned unit development. All other provisions of this section shall apply to such proposal, except as modified or supplemented in accordance with the following guidelines:
1. The annexed land shall abut Saunders Road (south of Deerfield Road) and be contiguous to an existing residential planned unit development but shall not otherwise be required to satisfy a minimum area requirement under subsection B of this section;
2. The applicant submitting its application for the annexed land to be classified as part of the existing residential planned unit development shall be deemed to have filed an application to amend the special use previously granted for the existing residential planned unit development;
3. The density bonus which may be granted above the base residential density, due to the fact that the annexed land abuts Saunders Road (south of Deerfield Road), may be increased up to eighty five percent (85%) above the base residential density under subsection D of this section; and the maximum permitted residential bonus shall be 1.35 times the maximum number of legal, standard lots that can be subdivided on the annexed land pursuant to the underlying zoning district when calculated under subsection D of this section, but the density bonus increase for abutting Saunders Road and the maximum permitted residential bonus described above shall apply solely to the annexed land and shall not otherwise change or modify in any respect the density bonuses and maximum residential density previously permitted to the existing residential planned unit development; and
4. The declaration of covenants, conditions, restrictions and easements or instruments of like import which establish a governing body, such as a homeowners' association, to supervise shared maintenance, repair and replacement of common open spaces or facilities and to enforce architectural and use restrictions in an existing residential planned unit development shall be extended against the annexed land as follows:
a. The description of the property subjected to the terms of the original declaration shall be amended to include the description of the annexed land, so that the owners from time to time of the annexed land shall become members of the association, granted the privileges and benefits of such membership and required to assume the duties and liabilities of such membership, at such time and with such changes as may be agreed upon by the village board; or
b. An amendment to the aforementioned original declaration shall be recorded against the annexed land as a covenant running with the land and containing in substance all of the terms, conditions and restrictions set forth in the original declaration for the existing residential planned unit development, with such changes as may be agreed upon by the village board.
5. The village board, upon receipt of the report of the plan commission shall review the final development plan of the applicant, and if it is determined to be in substantial conformance with the approved preliminary site plan and in conformance with the final development plan requirements, will authorize by ordinance an amendment to the special use permit for the existing residential planned unit development. (Ord. 00-8-15, 8-1-2000)