(A) Purpose. Planned developments are of substantially different character from other special uses that specific and additional standards and exceptions are established to govern the recommendations of the PZB and the action of the Village Board of Trustees.
(1) The village, through the Board of Trustees, shall have the final approval as to the placement of all roads, entryways, public buildings, well houses, pumping stations and the like, and shall also have final say as to preservation and improvement of sloughs, ponds, watercourses, streams and open areas.
(2) Should there be requirements for varying ordinances of the village, the developer and owner shall follow the variance procedures outlined in § 32.05 of this code.
(B) Concept plan.
(1) Prior to the preparation for filing of a preliminary plan and applications thereof for a planned development, the applicant shall file a concept plan and supporting documentation which, at minimum, shall contain the following:
(a) Names, addresses, phone numbers of the current owner of the subject property, petitioner and land planner or person preparing the sketch plan;
(b) Location map or aerial photo at a minimum scale of one inch equals 400 feet (1" = 400') which shows the site in relationship to adjacent properties within 200 feet of the subject site;
(c) Sketch plan at a minimum scale of one inch equals 200 feet (1" = 200') (with 1" = 100', or larger scale, being preferred). The scale shall be clearly indicated on the plan;
(d) Photostatic enlargements of the following, with a sketch plan overlay or sketch plan superimposed; the USGS flood hazard map; (or in the alternative, the FEMA flood insurance rate map in conjunction with a topographic survey of the site); and the USDA resource conservation service soil map;
(e) A letter from the school district as to whether or not the school district shall require land or monetary donations, or a combination thereof, in order for the developer to conform with the school donation ordinance.
(2) The plan and ten copies shall be filed with the department of planning, zoning and building, which shall arrange for a meeting of the administrative development review committee at the earliest possible convenience, but within 15 calendar days from the completed concept plan submittal.
(3) The administrative development review committee meeting shall be attended by the petitioner and/or his representatives. No formal vote will be taken, but a consensus opinion will be arrived at and documented in writing. The written documentation shall be transmitted to the petitioner within seven calendar days of the committee meeting.
(C) Preliminary plan and special use applications.
(1) Review:
(a) Applications and supporting documentation for a preliminary plan and a special use permit shall be filed with the Head of Building and Zoning a minimum of 28 days prior to a PZB hearing. The application shall be on such forms and contain such information as shall be established from time to time by the PZB and shall be accompanied by 20 copies of the preliminary plan and 20 copies of all supporting documentation. PUDs shall include all items required for a zoning amendment, pursuant to § 154.290 of this chapter, plus all information specified in this chapter, both inclusive.
(b) On receipt of the applications, the Head of Building and Zoning shall transmit same to the PZB with directions to hold a public hearing and thereafter to make findings and recommendations and forward them to the Village Board of Trustees.
(c) The PZB shall hold a public hearing on the applications at the time and place as shall be determined by the commission. The hearing shall be conducted and a record of the proceedings shall be preserved in a manner and according to the procedures as the PZB shall by rule prescribe from time to time. However, all testimony shall be taken under oath which shall be administered by that member of the PZB presiding at the hearing.
(d) The PZB shall cause notice of the hearing to be given not more than 30 days nor less than 15 days before the date of the hearing, by publishing a notice thereof at least once in one or more newspapers in circulation in the village. The notice shall include the description of the property affected by the preliminary plan and special use permit as the PZB may, by rule, prescribe from time to time. The published notice may be supplemented by any additional form of notice that the PZB may prescribe. The public hearing may be continued from time to time by mutual consent of the PZB and the applicant. The continuance and/or any application for rezoning of the property or determination by the PZB that rezoning is required in order to permit consideration of the proposed use of the property shall toll or stop the running of the 90-day limitations period set out in this section.
(e) Within 90 days following the date of the application, or the filing by the applicant of the last item of required supporting data, whichever is later, the PZB shall act to approve or disapprove the application for preliminary approval and shall forward its findings and recommendations to the Village Board of Trustees.
(f) Within 30 days following its next regular meeting after receipt of the findings and recommendations from the PZB, the Village Board of Trustees shall disapprove or approve the preliminary plan and special use permit with such modifications or requirements as it may deem necessary.
(g) Approval of the preliminary plan shall not constitute authority to proceed with construction of any improvements, but rather an approval of the physical features of the plan as a basis for preparing the final plan. The preliminary plan is an entitlement plan which runs with the land. However, if a final plan or plat for the first phase is not approved within one year (unless a lesser period is specified by individual PUD ordinance) from the date of preliminary plan approval by ordinance, the village reserves the right to conduct a public hearing to revoke the zoning and annul the preliminary PUD plan, provided that notice is given to the applicant of the hearing not less than 30 days prior to the hearing.
(h) Petitions shall also include any correspondence, applications for review or preliminary review by other governmental agencies, as may be required by specific circumstances. These may (or may not) include, but are not necessarily limited to: U.S. Army Corps of engineers; U.S. Federal Emergency Management Agency (FEMA), relative to letter of map amendment or map revision; Illinois Historic Preservation Agency, archeological study of the site; Illinois Department of Transportation; Lake County Highway Department; and Lake County Stormwater Management Commission.
(2) Contents of preliminary plan. The preliminary plan or plans shall be drawn at a minimum scale of one inch equals 100 feet (1" = 100') and shall contain the following:
(a) Accurate dimensions of the boundaries of the property to be developed. Dimensions shall be in feet and shall be accurate to the nearest foot.
(b) Indicate location, type of structures on adjacent properties within 200 feet of the proposed development.
(c) Show the approximate proposed size, location, use and type of all buildings and structures, except single-family detached home developments shall show typical driveways, lot layout and size range of homes.
(d) Show proposed location, size, height, elevations and orientation of all signs.
(e) Show the approximate proposed number and arrangement of all off-street parking and loading spaces, location and width of driveways, entrances and exits and their relationship to existing streets, except as provided in this section.
(f) Show all areas to be maintained as permanent open space.
(g) Proposed landscaping plan shall be shown on the preliminary plan. The use of existing landscaping and plant materials shall be encouraged in conformance with standard landscaping practices and in compliance with § 152.025 of this code. The use of an overall landscape concept plan plus details showing size and species for entry treatments and a typical lot shall satisfy the provisions of this section.
(h) For each proposed use area, provide a tabulation of land coverage factor; usable open space ratios; acres of land; and each percentage of total land area.
(i) For all proposed residential use areas, provide a tabulation by use area and dwelling type of estimated population, number of units and bedroom ratios.
(j) Show existing and proposed locations for parks, playgrounds, schools, community buildings and other open spaces. Where the plan provides for open space, this space shall not be used for the construction of a building or structure, nor shall the open space ever be computed as a part of the required minimum lot size or any required yard of any other building or structure. Tennis courts, roof decks suitably improved and swimming pools shall also be regarded as open space. Adequate safeguards shall .be provided to prevent the subsequent development of this open space and to prevent the future construction of buildings and structures on this open space, except public buildings, such as well or pump houses, or recreational buildings for the common good.
(k) Show location and dimensions of pedestrian walks and ways.
(j) Show existing topography with contour intervals not greater than two feet, drainage channels, wetlands, streams, lakes, swamps, flood zones, rock outcrops, buildings, young and mature woodlands and other features likely to affect the plan. The source and accuracy of the topographic information shall be based on the village datum plane. If wetlands are present on the site based upon the latest Lake County wetlands inventory, the developer shall submit a wetlands delineation report prepared by a certified ecologist and supplemented by a review letter from the USDA natural resource conservation service. If flood plains are present on the site, the developer shall submit accurate topography and calculations upon which to determine the base flood elevation (BFE). Relative to proposed stormwater detention, preliminary engineering plans and calculations shall be submitted in sufficient detail to determine conformance with the watershed development ordinance. For those sites previously farmed, a drain tile survey and plan drawing shall be prepared by a registered surveyor or professional engineer and submitted. All plans submitted shall include the name, address, telephone number and fax number of the surveyor, engineer or other design professional who prepared the plans.
(m) Submit a copy of the Lake County soil and water conservation district report regarding this proposal.
(n) Indicate the preliminary time schedule showing the stages, if any, which will be followed in carrying out construction of the proposed development and interim use and maintenance of areas not under construction at any given time.
(o) Contain the written consent of all property owners within the development filed with the petition before the public hearing on the preliminary plan and special use permit. List the names of any beneficiaries of trusts holding property in question. The statement will provide that the petitioners agree to be bound by the conditions and regulations proposed and further agree to record and to register the agreements with the Lake County recorder of deeds or registrar of titles.
(D) Final plan.
(1) Review.
(a) Filing of application. An application for approval of a final plan shall be filed with the Village Clerk. This application shall be upon such form and contain the information as shall be established from time to time by the PZB, and shall be accompanied by 15 copies of the final plan containing all information specified in this section.
(b) Transmission of application to PZB. Upon receipt of an application for approval of a final plan, the Village Clerk shall transmit same to the PZB prior to its next scheduled meeting.
(c) Review, findings and recommendations. The PZB shall review the final plan for its conformance with the preliminary plan as approved, and shall, within 60 days of receipt of the plan, make its findings and recommendations to the Village Board of Trustees.
(d) Decision. After receipt of the aforesaid findings and recommendations, the Village Board of Trustees shall, within 60 days, approve or disapprove the final plan.
(e) Inspection. Prior to the approval of the final plan or any part thereof, the developer, along with the PZB, the Village Board of Trustees and any employee of the village, including the Village Engineer and the Village Attorney, shall make a physical inspection of the property to be developed as a planned unit development or as a subdivision, for the purpose of determining the actual layout of the roads, public utility easements, public buildings, entryways and other public improvements and to further determine the topography of the property for the purpose of preserving the natural setting of the development, including trees, waterways, ponds, sloughs and the like. The inspection shall be scheduled at the convenience of the village.
(2) Approval; time valid. Final approval, valid for one year from the date of approval, shall be secured for each phase, state or section of the development as delineated on the preliminary plan approved by the PZB and Village Board.
(3) Contents of final plan. The final plan shall include the following:
(a) Final site plan indicating:
1. Location of all buildings and structures, and any other special facility or feature to be constructed;
2. Location of all parking and loading spaces, driveways, entrances and exits;
3. Location of all substantive plant materials including type and size; and including existing tree cover, in conformance with § 152.025 of this code;
4. Location of all common open spaces;
5. Location of all drainage facilities;
6. Building plans for all buildings other than detached single-family dwellings, including floor plans; exterior elevations; cross sections; perspective drawings; outline specifications of type of building materials; type of wall and roof construction; and type of pavement and surfacing materials;
7. Dedication of any rights-of-way for the widening, extension or connection of major streets as shown on the official comprehensive plan;
8. A written statement signed by the owner(s) of the property describing the arrangements by which the owner(s) proposes to regulate use of the property and otherwise ensure development in accordance with the preliminary plan. Covenants, which include adequate provisions to assure proper maintenance and repair, and provisions for maintaining adequate personnel to assure security of all areas and facilities under common ownership, including the payment therefor and enforceability thereof by or on behalf of the village. It shall also include the proposed charter and bylaws of an association, if any, for owners or tenants within the development; and
9. Requirements of divisions (3)(a)1. and (3)(a)2. of this section shall not be required in a single-family detached dwelling development when a typical layout for landscaping or typical housing elevations will be provided.
(b) Engineering plans and specifications for all sanitary sewer, storm sewer, water distribution lines and street lights along with the then existing utilities which are adjacent to the property in question, shall be shown.
(c) Final version of the covenants, conditions and restrictions of record by which the owner proposes to regulate land and building use, assure adequate maintenance, security, institution of a homeowners' association and otherwise protect the proposed development, accompanied by the written representation and warranty of the owner, in form and substance satisfactory to the village board of trustees, to the effect that said owner of the real property which is the subject of the proposed development will not sell or otherwise dispose of any interest in the property prior to the filing of record of the covenants, conditions and restrictions of record in the office of the recorder of deeds in Lake County, Illinois.
1. Should the developer, owner or his successor in interest develop the planned unit development in separate phases, the original declarations of covenants, conditions and restrictions of record shall state that when any subsequent phase in the development is finalized by the recording of a final plat for that particular phase, the owner or his successors shall prepare an instrument legally sufficient to subject the new phase to the original declarations of covenants, conditions and restrictions of record and the existing homeowners' association.
2. A phased development is one where only a portion of the entire approved development will be developed at any one time.
3. Any modification to this requirement, that all phases of a planned unit development must be in one homeowners' association and subject to one set of covenants, conditions and restrictions of record, must be approved by ordinance after a public hearing before the combined planning and zoning board with final approval by the village board of trustees.
4. The deeds or easement agreements, if any, as are required or approved by the Village Board of Trustees conveying a suitable ownership interest in any parcels within the proposed development which are to be subject to public ownership.
5. A current copy of the articles of incorporation of the owners' or tenants' association, if any, certified by the Secretary of State, and a copy of the bylaws shall be submitted along with the final plan.
6. A written concurrence from the Village Engineer accepting the development engineer's estimate of probable costs of the proposed public and quasi-public improvements, (for example, storm water detention basins or retention ponds on outlots).
(d) Guarantees. The developer/owner shall provide an irrevocable letter of credit or surety bond to the village within seven calendar days from the recording of the plat of the planned unit development or the village reserves the right to consider vacating the plat of the planned unit development. The irrevocable letter of credit or surety bond shall be:
1. In the amount of 110% of the approved engineer's estimate as determined by the Village Engineer, pursuant to this section;
2. An irrevocable letter of credit in a form acceptable to the village and issued from a viable financial institution or a surety bond issued by an insurance company duly licensed to insure sureties in the State of Illinois and which carries a rating of not less than A+ from A.M. Best Co.;
3. The irrevocable letter of credit or surety bond shall be filed prior to the issuance of any building permit or construction permit, including site development permit;
4. The irrevocable letter of credit shall have periodic drawdowns, when requested from the financial institution in writing and backed by lien waivers or proof of payment. The drawdown related to the final payment to contractors shall be presented to the Mayor and Board of Trustees along with:
a. A written request from the village formally accepting the planned unit development's public improvements;
b. An indication that, following the final payment to contractors, the balance remaining within the letter of credit equals at least 10% of the original approved engineer's estimate. The balance shall remain as a maintenance guarantee, in the letter of credit, which shall remain in force for a minimum of 24 months from the date of the Village Board's formal acceptance of the planned unit development's public improvements;
5. A surety bond may be reduced in face value of its coverage in a similar manner, using similar standards as that set forth in subdivision (4) above.
6. The irrevocable letter of credit shall be between the village and the financial institution only, the developer, owner, and the like, shall have no interest in the proceeds set out in the letter of credit. A sample letter of credit is on file at the village hall.
7. Revocation of approval. Approval of the final plan shall be subject to revocation by the Village Board of Trustees, if construction of all improvements is not completed within three years of the date of approval of the final plan. Extensions of the time schedule may be granted by the Village Board of Trustees.
(E) Recording documents. The final plan, as approved by the Village Board of Trustees, shall constitute the final land use and zoning plat and shall be filed with the Lake County Recorder of Deeds. No permit allowing construction of a building or any other improvement shall be issued until the final plan is recorded. All recording costs shall be paid by the applicant. Any changes to the approved final plan shall be accomplished by the submission of preliminary plans and final plans of the change, which shall be approved under the procedures as set forth herein for the approval of the original preliminary plans and the approval of the original final plans. No building permit or certificate of occupancy shall be issued for any building or use that is not in accordance with an approved final plan.
(F) Fees. The fees for examination and inspection and legal fees for any planned unit development project shall be in accordance with the applicable fee sections of the village code.
(G) General standards. A planned development shall conform to the following requirements:
(1) The number of dwelling units erected shall not exceed the number permitted by the regulations of the district where located.
(2) The amount of off-street parking must be adequate to serve the needs of the projects, and the Village Board may require more off street parking than would otherwise normally be required by this chapter for good cause shown.
(3) If any open space or recreational facility is to be used solely by the residents of the project, unless the development is under single ownership, adequate provisions shall be made for assessments against the property within the project so that the facilities can be properly improved, maintained and operated.
(4) Underground utilities, including communications and electric systems, are required within the limits of a planned development. Appurtenances to these systems which can be effectively screened may be exempted from this requirement if the Village Board finds that the exemption will not violate the intent or character of the development.
(H) Design regulations. For the uses permitted on the approved preliminary plan the standards and provisions set out in this section shall be required.
(I) Residential districts.
(1) Residential density.
(a) Residential density shall be expressed as dwelling units per acre. The area or acreage shall be based upon net development area, meaning the gross area of the entire site less the area of any and all roads and streets.
(b) The number of dwelling units permitted shall be determined by dividing the net development area by the minimum lot area per family required by the district or districts in which the site is located. Consideration of the maximum number of dwelling units on a site shall include, but not necessarily be limited to:
1. The land set aside for common open space, or public or recreational use;
2. The extent to which developer financed park improvements (whether private or public) are part of the proposal;
3. The extent to which environmentally sensitive lands and mature trees are protected;
4. The ability of the village to service the site with sanitary sewers and potable water; and
5. The extent to which a range of lot sizes is provided (rather than maximizing the gross density by proposing all, or nearly all, minimum sized lots). Lot size variations may be considered up to 15% of that lot area considered minimum within the underlying zoning district, provided that the average lot size within the proposed development or proposed zoning category meets or exceeds the minimum lot size.
(2) Lot coverage. The maximum lot coverage of residential buildings shall not exceed 30%.
(3) Yard and lot size requirements.
(a) Yards and open spaces adjoining the boundaries of the development shall not be less than the yard requirements of the adjoining village residential district. A landscaped and land sculptured buffer strip at least ten feet wide shall be provided along all peripheral lot lines. Larger than minimum width buffer strips may include pedestrian walkways, bike paths or recreational trails; and are encouraged where the trails could connect the residential area to various community amenities, including, but not necessarily limited to, schools and parks. Spacing between principal buildings in thedevelopment shall be at least 12 feet and shall be consistent with recognized site planning principles, including, but not necessarily limited to: natural landscape, topography, usable backyard area for use by residents and openness normally afforded by intervening streets and alleys.
(b) Single-family residential planned unit developments (PUDs) shall provide for a range of lot sizes, as regulated by this section.
(4) Usable open space. There shall be at least 10% of the gross land area in the development provided for park and recreational purposes which shall not be covered by buildings, parking lots, driveways or streets. No more than 50% of the usable open space shall be covered by permanent bodies of water or streams. In residential PUDs of 100 acres or more, a minimum of 25% of the site shall be devoted to open space, as opposed to the 10% requirement noted above. The minimum amount of land required to be dedicated as public park, as determined by § 152.155 of this code shall be upland area, graded, seeded and equipped by the developer.
(5) Land improvements. Sanitary sewer, water and stormwater drainage systems, including all appurtenances thereto, curbs, paving, street lights, pedestrianways, street signs and landscaping shall be provided in accordance with the standards and specifications of the village as set forth in this code.
(6) Private streets. No private streets shall be allowed.
(J) Commercial/business and manufacturing districts.
(1) Intensity of use. The land coverage of all principal and accessory buildings and structures shall not exceed 25% of the lot area, except that the percentage of land coverage may be increased 2% for each 10% of required off street parking which is located either below grade or in a parking structure, up to a maximum lot coverage of 40%.
(2) Exterior lighting. All exterior lighting shall be shaded wherever necessary to avoid illumination of any adjacent property or streets or public rights-of-way.
(3) Site development.
(a) An opaque screen shall be installed and maintained along all lot lines, other than streets, abutting areas zoned for residential use. Except as otherwise provided, it shall have a total height of not less than six feet nor more than seven feet. Where there is a difference in elevation on opposite sides of the screen, the height shall be measured from the highest elevation. A screen shall consist of one or more of the following types:
1. Walls. A wall shall consist of concrete, stone, brick, tile or similar type of masonry material a minimum of eight inches thick.
2. Berms. A berm may be banked on both sides, or with one side banked toward the lot line with a retaining wall. A berm shall be not less than 20 feet wide at the base and shall have an undulating contour and shall be sloped for ease of maintenance. It shall be constructed of earthen materials and shall be landscaped.
3. Planting. Plant materials, when used as a screen, shall consist of a mixture of compact evergreen plants and taller deciduous plants. They shall be of a kind, and used in a manner, so as to provide screening having a minimum width of three feet within 18 months after initial installation. Plant materials shall not be limited to a maximum height.
(b) The Superintendent of Public Works may require, with approval of the Village Board, that either walls or berms, as set out in subdivision (a) above, shall be installed if, after 18 months after installation, plant materials have not formed an opaque screen, or if an opaque screen is not maintained.
(c) Landscaping, consisting of standard evergreen and deciduous trees and shrubs in combination with vines and ground cover, shall be installed and maintained according to the following standards:
1. Boundary landscaping is required for a minimum depth of 25 feet from the right-of- way line along all abutting streets or rights of way except for the openings and the area within ten feet on either side of the street openings. Within the boundary landscaping area, there shall be one standard tree and two standard shrubs for each ten feet of street frontage and, to the extent practicable, these shall include any existing standard trees or shrubs within the boundary landscaping area.
2. An additional landscaped area, equal to at least five percent of the total area of the parcel is required. Within this area, one standard tree and one standard shrub is required for each 500 square feet of area to be landscaped.
3. Within the off-street parking area, planting bays containing one standard tree for each ten parking spaces are required.
4. Any landscaped area shall be separated from an adjacent vehicular area by a wall or curb at least six inches higher than the adjacent vehicular area.
5. Landscaping along all streets and boundaries shall be limited to a height of not more than three feet within 20 feet of the point of intersection of two or more vehicular traffic ways, driveways or streets.
6. Required landscaping shall be maintained in a neat, clean and healthy condition. This shall include proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants when necessary, and the regular watering of all plants.
(d) Existing topographic patterns shall be preserved, except where modifications will specifically contribute to increased utility of the site and/or enhancement of the site.
(e) The provisions of this subdivision (J)(3) may be satisfied by the developer using a registered landscape architect or a registered architect who will use the above provisions for subsections 3.a., 3.b., 3.c. and 3.d. as a guide.
(4) Vehicular access. All vehicle access points to the site must meet all state, county or municipal codes and road design requirements, depending upon the jurisdiction responsible for the street or road involved.
(6) Land improvements. Sanitary sewer, water and stormwater drainage systems, including all appurtenances thereto, curbs, paving, street lights, pedestrian ways and street signs shall be provided in accordance with the standards and specifications of the village as set forth in this code.
(7) Private streets. No private streets shall be permitted.
(8) Signs. All signs in the development shall conform with village ordinances.
(9) Yard requirements. Yards and open spaces adjoining the boundaries of the development shall not be less than the yard requirements of the adjoining zoning district.
(K) Variances. The petitioner, his attorney or agents, shall have the right to request a variation or modification to any of the terms and provisions of the village ordinances as part of the planned development request. The petitioner shall state, in writing, the reasons for the requested variance. The PZB may recommend variations as part of a planned development request in specific cases where it finds that extraordinary hardships or practical difficulties unique to the site may result from strict compliance with the village's regulations. Variances to the technical provisions of the subdivision code may be granted without a public hearing.
(Ord., passed 2-18-64; Am. Ord. 2004-O-4, passed 3-16-04)