(A) To the extent that the planned unit development entails a subdivision of real estate the procedures for subdivision approval shall be coordinated with the procedures for consideration of the planned development by the Planning Commission and Village Board.
(B) Where practicable, submittal, public hearings and meeting for consideration of the Planned Development shall operate in conjunction with the other procedures of this Code.
(1) Pre-application conference.
(a) Prior to submitting an application for a planned development, an applicant shall confer with the village staff to obtain information and guidance before entering into the development or incurring substantial expense in the preparation of plans, surveys and other data expense in the preparation of plans, surveys and other data required for the planned development. Applicants are encouraged to submit a sketch plan.
(b) No planned development shall be allowed that would result in:
1. Inadequate or unsafe access to the development;
2. Peak-hour traffic volumes exceeding the capacity of the adjoining or nearby street. Capacity shall be based on a street providing a "level of service of "D" or better as defined in the latest publication of Transportation and Traffic Engineer's Handbook, Institute of Transportation Engineers;
3. An undue burden on public parks, recreation areas, fire and police protection and any other public facilities which serve or are proposed to serve the planned development; and
4. Other detrimental impacts on the surrounding area including, but not limited to, visual and noise pollution.
(2) Application.
(a) An application (see § 151.340) shall be submitted for filing for a planned development to the village staff, and it will be forwarded to the Planning Commission for consideration as herein provided. The application shall be accompanied by a non-refundable fee. (See Chapter 34.)
(b) The application shall include, at a minimum, the following information:
1. A legal description of the property proposed for the development;
2. A preliminary development plan prepared at a scale of not more than 100 feet to one inch depicting the following:
a. The gross land area and project net area of the planned development, the present zoning classification of the area and the zoning classification of the properties surrounding the development;
b. All existing structures and land uses currently on the property proposed for the development and the location of any uses and structures on properties which adjoin the proposed development;
c. The location and use or uses proposed for each existing or proposed structure within the planned development, the number of stories, building or structure height, gross floor area, building coverage and approximate location of entrances and exits;
d. Existing and proposed contours at intervals of two feet. Locations, elevations and direction of flow of major water courses, natural drainageways, riparian corridors, areas subject to flooding in the 100-year storm event and ponding areas shall be delineated;
e. All existing and proposed curb cuts, driving lanes, parking areas, loading areas, storage areas and trash storage areas. The village will require design access locations that allow for shared access by adjacent property owners;
f. All pedestrian walks and open areas for use by the occupants or persons using or present in the proposed development, as well as the general public;
g. Types of surfacing proposed for all walks, bikeways, driveways and other accessways. The Village Board will require connectivity to adjoining properties and existing or proposed walks, bikeways and trails. The Village Board will require development accommodation for pedestrian and bike users;
h. A preliminary landscape, screening and buffering plan for the project including the approximate height, type and location of all buffers, fences, landscaping and walls, and the methods by which the landscaping, fences and walls will be preserved and maintained throughout the life of the development;
i. A concept plan showing all existing or proposed facilities and features such as hydrants, utility structures, wells, sewage disposal facilities, outside lighting, recreation facilities, together with information regarding the maintenance and preservation of the facilities;
j. Preliminary plans for control and disposal of natural and storm water drainage;
k. Preliminary plan for the adequate control of erosion and sedimentation, including that expected to occur during all phases of clearing, grading and construction;
l. Typical plans and elevations for each type of structure to be located within the development to indicate architectural type, style and materials of construction;
m. Location of present utility services to the proposed development including electric, water, sanitary sewer and telephone; (All utilities to be underground.)
n. For original submittal, two copies (24" by 36" size) of the preliminary development plan will be submitted with the application. After review and modifications to submit two copies (24" by 36" size) plans and ten copies (11" by 17" size) plans;
o. A list indicating which code requirements are not being met by the submittal. To include: reference code number and page, code requirements, applicant's request and reason code requirements can not be met; and
p. Cover sheet checklist, signed by the applicant that certifies all items listed herein are attached.
3. The names and addresses of the applicant, and all persons to whom notices of hearings required by this Code are required to be sent (see below).
(3) Review of planned development application and preliminary plan. The application and planned development plan shall be submitted to the village staff for review as to the completeness of the submittal. When it is determined that the application and plan are complete, it will be filed and referred by the village staff to the Planning Commission.
(4) Public hearing.
(a) The Planning Commission shall only hold a public hearing on the complete application and planned development plan. The hearing may be conducted simultaneously with any other public hearing required for its consideration.
(b) Required notices for such hearings may be combined.
(c) Upon filing of the complete application and plan by the village staff, the public hearing should be set before the Planning Commission within 60 days of the date of filing. The public hearing may be adjourned from time-to-time and notice given of the time, date and location to which the hearing is adjourned shall be sufficient and no further notice need be given.
(5) Notice of public hearing. The village staff shall give notice of the time, date and place of the public hearing as follows.
(a) Content. The notice shall contain:
1. A brief description of the proposed development plan;
2. The particular location of the real estate proposed for the development by street address, or, if no street address is available, by reference to any well-known landmark, highway, road, thoroughfare or intersection;
3. A brief summary explaining the purpose and subject matter of the hearing; and
4. The following language shall be included in the notice:
"The Planning Commission may approve the proposed planned development plan and application with or without modifications or conditions or it may disapprove the plan. This could significantly amend, modify, revise or alter the plan as originally filed by the applicant and could significantly change the impact of the proposed planned development on surrounding property owners, including roadways, drainage, sewage systems, traffic patterns and utilities. Should you desire to be heard regarding the proposed plan as filed or as to any amendments, modifications, revisions or alterations of the proposal, you should attend the public hearing."
(b) Published notice. The foregoing notice shall be published one time in a newspaper of general circulation within the village at least 15 days, but not more than 30 days, prior to the scheduled public hearing. The applicant shall pay the cost of publishing the notice.
(c) Mailed notice. The foregoing notice shall also be sent by United States First Class Mail at least 15 days before the scheduled public hearing to the applicant and to the owners of all property adjacent to the subject property. The applicant shall furnish to the village staff at the time the application is filed a complete list containing the names and last known addresses of the owners of property required to be notified and shall pay the cost of the notice to the adjacent and surrounding property owners. Any error in notification of the adjacent or surrounding property owners due to the inadequacy of the listing shall be the responsibility of the applicant.
(d) Posted notice.
1. The foregoing notice shall also be posted on the property, by the applicant, where the planned development is to be located at least ten days prior to the public hearing date. It shall be placed where it can be readily seen from the street or highway on which the property fronts as follows.
a. The notice must be protected from the wind and weather and be fastened and secured to a board or other support which can in turn be attached to a two inches by four inches or other anchoring device.
b. The notice should be placed at least four feet above ground level or above the grade of the street or highway on which the property fronts where it can be readily seen by persons passing the property.
c. The notice should be placed at a location which is located within five feet of the right-of-way of the most traveled street or highway on which the property fronts.
2. In the event the property does not have frontage on a major road or is so located that it is accessed by a private or non-public roadway, the notice should be posted on the subject property at a location which will provide the greatest available visibility. An affidavit of posting shall be placed on file prior to or on the date of the hearing. The village staff may require additional notices to be posted by the applicant as may be necessary to carry out the intent of this Code to provide public notice of the planned development.
(6) Decision by Planning Commission. The Planning Commission shall, within 90 days of the date the complete application is filed and certified as complete by the village staff, at a duly scheduled meeting (which may, but need not, be held in conjunction with the public hearing on the application), either approve (with or without modifications/conditions) or disapprove the application and development plan. The applicant and the Commission may extend this time limit by mutual agreement. The Commission shall state its reasons for its action (including the nature of any conditions/modifications). One copy of the application and plan shall be returned to the village staff and filed, and one copy shall be returned promptly to the applicant by first class mail.
(7) Decision by Village Board. The recommendation of the Planning Commission shall in each case be forwarded by the village staff to the Village Board for final approval or rejection. The Village Board shall approve (with or without modifications/conditions) or disapprove the recommendation of the Planning Commission regarding the proposed preliminary development plan within 30 days following its first regular meeting (not committee at large meeting) after which the recommendation is received from the Planning Commission.
(8) Notification. Following the final decision of the Village Board, a letter of notification shall be sent by the village staff to the person whose name is noted on the application and development plan to receive notices, and the letter shall be dated the day it is actually sent.
(9) Modification/conditions.
(a) The Commission may recommend conditions or modifications on the application or development plan, which may include, but not be limited to, the following:
1. Permitted uses, including maximum floor area;
2. Performance standards;
3. Height performance;
4. Minimum yard requirements;
5. Off-street parking and loading requirements;
6. Minimum requirements for site development plans;
7. Time limitations for commencement of construction;
8. Connectivity requirements for all modes of transportation; and
9. Wetland, drainageway or riparian corridor requirements.
(b) The Village Board may approve, deny, table or approve any of the conditions or modifications which are contained in the recommendation of the Planning Commission. The Village Board may also add modifications they feel are in the best interest of the village and/or request additional information the Board feels necessary to make an informed decision.
(10) Submittal of master development plan. The master development plan for the planned development shall be submitted to the village staff and subject to review as follows.
(a) Not later than six months following the approval of the preliminary development plan and application, together with any re-zoning petition which may be required, the applicant shall file with the village staff an application for approval of a master development plan and the village staff, upon written request from the applicant, may extend for an additional six-month period the time for filing the application for approval of the master development plan.
(b) The application for master plan development approval shall be accompanied by ten copies of the master development plan and a non-refundable processing fee. (See Chapter 34.)
(c) In the event a master development plan is not submitted within six months following approval of the preliminary plan and if the village staff does not grant a six-month extension for such submittal, the application shall lapse and no further consideration will be given to the application.
(11) Contents of master development plan. The master development plan shall assure that each phase of the development plan substantially conforms to the intent, form and content of the approved preliminary development plan and requirements of the portions of the Development Code specifically not modified in the planned unit development approval (special use ordinance.) Each phase of the master plan shall include, but not be limited to, the following:
(a) A scaled plan showing all of the features and characteristics set forth in the preliminary plan and to be incorporated in the master development plan;
(b) A landscape plan showing the location, type and size at installation of all proposed landscape materials, existing landscaping and trees to be retained on the site, as well as the identification of any existing trees to be removed that are two inches in diameter or greater, all proposed buffering, fencing, walls, berms and any other pertinent architectural elements associated with the landscape plan for the development or any buffering or screening characteristics required;
(c) Land use characteristics in table form containing the following information:
1. Gross project area in terms of acreage;
2. Net project area in terms of acreage;
3. Approved density for the project in terms of lot area/square feet of building area;
4. Approved usable space for the project in terms of square feet of open space/net project area; and
5. Total number of parking spaces and loading spaces (if applicable).
(d) Graphic representation of all public easements and legal descriptions thereof, the recipient of the easement, the purpose of the easement, and any conditions relating to the use of the easement or its duration or scope;
(e) Legal description of the gross project area;
(f) Any other minimum requirements established in this Code; and
(Am. Ord. 2020-03-02A, passed 3-2-2020)