A Final Development Plan for implementation for all or phases of the Planned Unit Development may be submitted concurrently with the General Development Plan or within a reasonable period of time as determined by the Planning and Zoning Commission. The purpose of the Final Development Plan is to designate, with greater detail, the divisions of the land into common open space, home sites, exact building locations and any other subdivided tracts of land in accordance with the General Development Plan. If the Final Development Plan, which the Planning and Zoning Commission determines to be a reasonable phase of the total plan, has not been submitted within a reasonable time, the Planning and Zoning Commission may recommend revocation of the General Development Plan to the Village Board of Trustees.
(A) The required procedure for approval of the final plan shall be:
(1) A final planned unit development plan and other supporting data required for approval shall be submitted to the Planning and Zoning Commission in accordance with the provisions for final plan submission. Supporting data shall show in detail the design, precise location, and use of all buildings, and overall land development, as well as such additional information as the Planning and Zoning Commission may require.
(2) The final plan and supporting data shall be submitted to the Planning and Zoning Commission for certification that the final plan is in conformity with the approved preliminary plan. It shall be the duty of the Planning and Zoning Commission, within 30 days following the last Planning and Zoning Commission meeting wherein the final Planned Unit Development Plan was considered, to recommend approval or disapproval, and reasons therefore, to the Village Board.
(3) The Village Board, after receipt of the final plan, shall approve or disapprove the final plan, and shall, within 60 days after its first regularly scheduled meeting, pass an ordinance authorizing the planned unit development as a special use and allowing the issuance of all necessary permits, if approved. Permits are to be issued only after the final planned unit development plan and supporting data have been recorded with the County Recorder of Deeds, and shall be issued in full conformance with this chapter.
(4) Submission requirements. The final development plan must be submitted for approval in accordance with the agreed scheduling. The first final plan must be submitted not later than one year from the approval of the preliminary development plan, and construction as authorized by the issuance of a building permit must begin within six months of the date of the filing of the final development plan dealing with such construction; in the event that same is not done, the planned unit development special use shall be null and void, and the Planning and Zoning Commission shall initiate such action to revoke the PUD/SUP. If behind with agreed schedule filed with the final plan, the Planning and Zoning Commission may either extend the schedule period or shall initiate action to revoke the planned unit development special use. Extensions in the building schedule for one year periods may be recommended by the Planning and Zoning Commission and granted by the Village Board of Trustees.
(B) The Final Development Plan shall conform substantially to the General Development Plan as approved. The Final Development Plan shall include the following detailed construction and engineering plans and related detailed documents, suitable for recording with the County Recorder of Deeds, and shall be prepared in accordance with the following general requirements:
(1) An accurate legal description and map of the area covered by the plan, including the relationship to the total General Development Plan, at a scale of one inch equals 200 feet with contour lines at two foot intervals;
(2) If subdivided lands are included, a subdivision plat of all subdivided lands in the same form and meeting the requirements for subdivision plats;
(3) An accurate legal description of each separate unsubdivided use area, including common open space;
(4) Designation of the exact location of all buildings to be constructed, other than single family detached residences on individually platted lots;
(5) Certificates, seals, and signatures required for the dedication of lands and recording the documents;
(6) All common open space shall be conveyed to the homeowners association, including condominium owners, of the buildings within the planned unit development. This conveyance to contain covenants running with the land making those owners jointly responsible for the care, upkeep, and maintenance of all common open space. This covenant shall further provide that the village, its successors and assigns, shall have the right to bring any action at law or in equity to assess fines for the non-compliance with applicable municipal codes, or to compel the owners to provide such maintenance as may be required.
(7) All public facilities and improvements made necessary as a result of the planned unit development shall be either constructed in advance of the approval of the final plat; or, in lieu of that, escrow deposits, letter of credit (@ 125% of proposed improvement value) or commitments from banks or other financial institutions, in a form acceptable to the village, shall be posted by the sponsors of the planned unit development to guarantee construction of the required improvements.
(8) The pattern of public and private roads, driveways, walkways, and parking facilities and proposed design and construction standards;
(9) Detailed lot layout and subdivision platting, where required, in compliance with the Final Platting procedures in Chapter 158, Development Regulations of the Village;
(10) The arrangement of building groups, other than single family detached residential development;
(11) Minimum front, side and rear yard dimensions for all lots for single family dwellings and for lots or tracts for other residential buildings intended for separate ownership;
(12) Floor plans and elevations or perspectives showing the architectural treatment of all buildings other than single family detached residential;
(13) Statistical tabulations showing the apportionment of land uses, the density of residential use, the ratio of apartments by bedroom count, the percentage of ground cover by buildings, the floor area ratio, and the parking ratio;
(14) A listing of all buildings, other than residential, showing building height, specific occupancies together with gross floor area of each occupancy and floor area devoted to retail sales or service for each occupancy. A schedule of parking requirements and such information as may be available concerning anticipated lessees and tenants of the proposed buildings;
(15) Master Grading Plan and Water Shed Plan;
(16) Engineering plans for sanitary sewer, storm sewer and potable water system;
(17) Plans of off-street parking facilities showing pavement, ingress and egress, parking stalls, traffic patterns, drainage, and other required details;
(18) Location of all exterior lighting facilities and a complete description and technical data applicable to all exterior lighting fixtures and standards;
(19) Boundaries of all public parks, other common use open spaces, school, church sites, and the like;
(20) Location and description of all recreation facilities to be provided by the developer, indicating type of facilities, size and capacities;
(21) Landscape plans including plant materials list in accordance with § 159.030 of this chapter;
(22) Statement regarding proposed financing and ultimate ownership of all common-use facilities, roads, utilities, parking, recreational, and the like;
(23) If sites only are to be provided for construction of common use or community service facilities by public, religious or institutional agencies, a statement explaining the type of land transaction proposed together with the sale price or rental to be charged, if any, for use of such sites for such purposes as well as any restrictions to be placed upon the use and development of the sites for the purposes shown;
(24) Proposed development schedule showing the overall phasing anticipated, the relationship of the proposed Final Development Plan to the total schedule, the starting and anticipated completion time for the phase covered by the Final Plan, and the area of open space to provided in each phase of development;
(25) If the plan contemplates any portion of the project to be implemented or subsequently owned by other than the petitioner/ applicant, sufficient information concerning such arrangements shall be submitted to enable the Village to be assured that the development will be carried out in complete compliance with the spirit and intent of the approval granted;
(26) Updated information for the following impacts: school, tax, traffic, economic feasibility and environmental study;
(27) Agreements, bylaws, provisions, or covenants which govern the organizational structure, use, maintenance, and continued protection of the Planned Unit Development and any of its common services, common open areas or other facilities;
(28) Guarantee deposit. A deposit shall be made to the Village in cash, maintenance bond, irrevocable bankable letter of credit, or commitments from banks or other financial institutions, in a form acceptable to the Village and consistent with the provisions of the Development Regulations. This guarantee shall be furnished to cover the completion of the public infrastructure that is to be constructed within the planned unit development.
(29) Delinquent taxes. A certificate shall be furnished from the County Collector stating that he finds no delinquent taxes on subject property, and that all special assessments constituting a lien on the whole or any part of the property of the planned unit development have been satisfied.
(30) Any other plans, documents, or schedules deemed necessary by the village for proper evaluation of the proposal.
(C) Public hearings. If the Final Development Plan conforms substantially to the General Development Plan as approved, then, no public hearing shall be required, however, the Planning and Zoning Commission may hold informal hearings if it so desires, to determine the conformance of the Final Development Plan with the General Development Plan.
(D) Planning and Zoning Commission findings and action: It shall be the duty of the Planning and Zoning Commission to submit its report on the Final Development Plan to the Village Board of Trustees within 30 days following the final adjournment of the aforesaid public hearing thereon, but failure to so submit such report within said period of time shall result in no impairment of the legality thereof nor of any action taken thereon or in connection therewith. Such report shall provide findings of fact setting forth the reasons for recommendation on one of the following:
(1) Approval of the Final Development Plan as submitted;
(2) Approval subject to specific modifications or conditions; or
(3) Denial of the Final Development Plan. These findings shall set forth with particularity in what respects the proposal would or would not be in the public interest, including, but not limited to, the following:
(a) In what respect the proposed plan is consistent with the stated purpose of the planned unit development regulations;
(b) The extent to which the proposed plan meets the requirements and standards of the planned unit development regulations;
(c) The extent to which the proposed plan departs from the zoning and subdivision regulations or other Village regulations otherwise applicable to the subject property, including, but not limited to, the density, dimension, area, bulk, and use, and the reasons why these departures are deemed to be in the public interest;
(d) The method by which the proposed plan makes adequate provision for public services, provides for and protects designated common open space, and furthers the amenities of light, air, recreation, and visual enjoyment;
(e) The relationship and compatibility of the proposed plan to the adjacent properties and neighborhoods;
(f) The desirability of the proposed plan regarding physical development, tax base, and economic well being of the entire community; and
(g) The conformity with the intent and spirit of the comprehensive plan and the community planning objectives of the village.
(E) Conditions and guarantees. Prior to the granting of any planned unit development, the Planning and Zoning Commission may recommend, and the Village Board of Trustees may stipulate, such conditions and restrictions upon the establishment, location, design, layout, height, density, construction, maintenance, aesthetics, operation, and other elements of the planned unit development as deemed necessary for the protection of the public interest, improvement of the development, protection of the adjacent area, and to secure compliance with the standards of this chapter. In all cases in which planned unit developments are granted, the Village Board may require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection with the approval of the planned unit development are being, and will be, complied with.
(F) Conveyance of easements and utilities.
(1) All sanitary sewer lines and water mains within the planned unit developments in the village, which sanitary sewer lines are required by the Environmental Protection Agency (EPA) or other division or branch of the state government, to be owned, operated, or maintained by the village, and which mains are specified by the Village Engineer, shall be conveyed by the owner or developer of the development to the village free and clear of all liens and encumbrances by bond and proper bills of sale and such other documents, such as waivers of lien, as are deemed necessary by the Village Attorney.
(2) All these lines and mains shall be constructed and installed to the satisfaction of the Village Engineer, and the engineer shall be present at all times during construction and installation of the lines and mains.
(3) The owner or developer shall furnish the Village with three full sets of as-built plans, and shall grant the village a permanent easement of not less than ten feet (or as determined necessary by the Village Engineer) on each side of the sanitary sewer lines and water mains for the purpose of operation, maintenance, replacement, repair, and cleaning of the lines and mains.
(4) The owner or developer shall reimburse the village for all engineering fees, TV inspections, infiltration and pressure tests, and inspection expenses incurred by the Village relating to the lines and mains. The owner or developer shall also reimburse the village for all costs of maintenance, replacement, and repair (except cleaning) of the lines and mains, and all costs of returning the area to its original conditions, including, but not limited to, landscaping and paving, and shall enter into a binding written agreement with the Village to do so.
(5) The provisions of this section shall be fully complied with by the developers and owners of the planned unit developments in the village prior to the acceptance by the village of such lines and mains, and prior to the issuance of any certificates of occupancy by the village; and the village shall not acquire any responsibility for the lines and mains until they are accepted by a duly passed resolution of the Village President and Board of Trustees.
(G) (1) Village President and Board of Trustees. It shall be the duty of the Village Board of Trustees, within 60 days following receipt of the report of the Planning and Zoning Commission on the Final Development Plan, to approve the recommendation, approve the recommendation with their modifications, disapprove the recommendation or refer the matter back to the Planning and Zoning Commission for further review and action, but failure to do so within said period of time shall result in no impairment of the legality of the action of the Board of Trustees nor of any action taken thereon or in connection therewith.
(2) After approval is received, by ordinance, the village shall issue building permits providing that the Final Development Plan and supporting documentation has been recorded with the County Recorder of Deeds and construction drawings and the like have been reviewed, with the proof thereof, shall the building permits be issued.
(H) Recording of final documentation. The ordinance authorizing construction/development of the Planned Unit Development shall be effective only upon the recording of the Final Development Plan, Final Plat of Subdivision and supporting documentation with the Recorder of Deeds. The recording of the Final Development Plan and Final Plat of Subdivision shall be a tool to inform all who deal with the Planned Unit Development of the restrictions placed upon the land, and act as the zoning control device.
(I) Guarantees of performance. The provisions and requirements of Chapter 158 Development Regulations, § 158.005 Administration and Enforcement, division (E) Guarantees of Public Improvements, and § 158.010 General Requirements for Subdivisions, and § 158.015, Agreements, of the Code of Ordinances of the village shall apply to all Planned Unit Developments. The developer shall comply with these requirements prior to the final approval by the Village Board of Trustees on the Final Development Plan.
(Am. Ord. 06-0369, passed 2-1-06; Am. Ord. 08-0654, passed 5-21-08)