A planned unit development shall be granted as a conditional use to the zoning district in which it is located. The process for obtaining a planned unit development shall be as follows:
A. Pre-Application:
1. Prior to the filing of an application for the approval of a planned unit development, the applicant shall meet and consult with the Plan Commission. The applicant shall present a concept of his proposed planned unit development and the Plan Commission shall inform the applicant of all applicable officially adopted policies, standards, regulations and procedures.
2. A pre-application conference with the Village staff or a concept review before the Plan Commission or Village Board may be conducted at the discretion of the Zoning Officer or upon the request of the applicant. Recommendations during the pre-application stage are advisory only.
B. Preliminary Plat:
1. An application for approval of a preliminary plat of planned unit development shall be filed in writing with the Zoning Officer. The Zoning Officer shall forward the application to the Village Clerk for processing and to the Village Board. The Zoning Officer shall transmit the application to the Plan Commission for review and public hearing. The application shall contain such information as may be required. Prior to Plan Commission deliberation, all information and data in accordance with subsection 10-11-5B of this Chapter shall be submitted. The Plan Commission shall hold a public hearing within sixty (60) days after filing of the application.
2. Notice of the public hearing shall be published at least once before the public hearing in a newspaper of general circulation in the Village.
3. The applicant shall also give written notice to the persons to whom the current real estate tax bills are sent, as shown on the record of the local real estate tax collector, of all lots lying within one hundred fifty feet (150'), exclusive of public right of way, of the property lines of the parcel of land for which the planned unit development is sought. The written notices shall be delivered personally or may be sent by certified or registered mail, properly addressed, with sufficient postage affixed thereon, with return receipt requested. The applicant shall file a sworn affidavit with copies of the notices with the Village Clerk, showing the names and addresses of the persons to whom the written notices have been sent. Said affidavit shall be a presumption of the giving of said notices.
4. All published notices shall contain the number assigned to the application, the place, the nature, the purpose and the date and time of such hearing and the common address or location of the property in question, the name and address of the applicant and owner of the property and the office address of the Village Clerk where full information including a legal description may be obtained concerning the application and shall be published or served not more than thirty (30) days nor less than fifteen (15) days in advance of such hearing.
5. The public hearing shall be conducted by the Plan Commission, and a record of such proceedings shall be preserved in such manner as the Plan Commission shall, by rule, prescribe from time to time.
6. The Plan Commission shall make written findings of fact and shall submit same together with its recommendations to the Village Board within one hundred twenty (120) days of filing of the application.
7. After recommendation by the Plan Commission, the Village Board may, by ordinance, grant or grant with modification the proposed planned unit development authorizing the planned unit development as a conditional use. If the Village Board does not approve of a planned unit development after recommendation by the Plan Commission, it may deny the planned unit developer or refer the planned unit development back to the Plan Commission for further consideration.
8. Attached to the ordinance as exhibits shall be the preliminary plat of planned unit development and supporting documents as necessary. Approval of a preliminary plat of planned unit development shall not constitute final approval of the final plat of planned unit development, rather it shall be deemed an expression of approval of the layout submitted on the preliminary plat as a guide to the preparation of the final plat of planned unit development.
C. Final Plat:
1. The planned unit development may be final platted in segments. The final plat or plats of the planned unit development shall conform substantially to the preliminary plat of planned unit development as approved. The preliminary plat of planned unit development shall generally specify uses of land and locations of buildings, whereas the final plat of planned unit development shall designate with particularity the uses of land and the location of buildings.
2. An application for approval of a final plat of planned unit development shall be filed in writing with the Zoning Officer. The Zoning Officer shall forward the application to the Village Clerk for processing and to the Village Board. The Zoning Officer shall transmit the application to the Plan Commission for review. The application shall contain such information as may be required. Prior to Plan Commission deliberation, all information and data in accordance with subsection 10-11-5C of this Chapter shall be submitted. The Plan Commission shall commence the review within sixty (60) days after filing of the application.
3. The review shall be conducted by the Plan Commission and a record of such proceedings shall be preserved in such manner as the Plan Commission shall, by rule, prescribe from time to time.
4. The Plan Commission shall make written findings of fact and shall submit same together with its recommendations to the Village Board within one hundred twenty (120) days of filing of the application.
5. After recommendation by the Plan Commission, the Village Board may, by ordinance, grant or grant with modification the proposed planned unit development authorizing the planned unit development as a conditional use. If the Village Board does not approve of a planned unit development after recommendation by the Plan Commission, it may deny the planned unit development or refer the planned unit development back to the Plan Commission for further consideration. Attached as exhibits to the ordinance authorizing the planned unit development as a conditional use shall be the final plat of planned unit development and supporting documents as necessary. (Ord. 93-695, 6-15-93)