A. 
Planned unit developments. The term "planned unit development" refers to a type of development which incorporates either a single use or a mixture of uses that are planned and developed as a unit. The planned unit development classification acts as an overlay zone. With this approach, the overall intensity of a development is consistent with the underlying zoning district and the Village Comprehensive Plan. These Planned Unit Development (PUD) regulations provide design flexibility that may be desired, but is not available through the application of the standard zoning districts established by this chapter. Such flexibility requires a review process and detailed development plans. In exchange for flexibility, PUDs may be required to provide amenities not otherwise required through traditional zoning techniques. This requirement is designed to offset the impact of changes in development standards allowed through these provisions such as mixed land uses, increased open space and reduced setbacks. Because of the complex nature of planned unit developments, specific procedures, standards, fees and exceptions are hereby established to govern PUDs.
B. 
Purpose. The purpose of these planned unit development regulations is to encourage and allow more creative and imaginative design for land developments than is possible under the more conventional zoning regulations of this chapter. The planned unit development designation also provides for a more efficient use of land and thus results in more economical physical development.
C. 
The planned unit development method is intended to:
(1) 
Promote a creative approach to the use of land and related physical facilities that results in better design and development;
(2) 
Combine and coordinate architectural styles, building forms and building relationships with a possible mixing of different urban uses in an innovative design;
(3) 
Promote flexibility in design and permit planned diversification in the location of structures;
(4) 
Promote an efficient use of land to facilitate a more economic arrangement of buildings, circulation systems, land uses and utilities, and the conservation of energy;
(5) 
Preserve to the greatest extent possible the existing landscape features and amenities, and to utilize such features in a harmonious fashion;
(6) 
Create a method for the permanent preservation of common open space for the continued use and enjoyment of the residents of the development;
(7) 
Provide for more usable and suitably located recreation facilities, schools, and other public and private facilities; and
(8) 
Allow development, under a specifically approved design concept and site plan, which otherwise may not be permitted by the Zoning Ordinance.
D. 
Size and location. The site of a PUD must be at least two acres in area and of reasonable dimensions to allow a practical arrangement of improvements, open spaces, and land use. A PUD shall front on an arterial or collector roadway as defined in the Village's Comprehensive Plan. Under no circumstances shall a single PUD lie on two sides of an existing public street or alley.
E. 
Ownership. The site of a PUD must be under single ownership and/or unified control prior to application for a PUD approval.
F. 
Permitted uses. The particular uses included in a proposed PUD are subject to the review and approval procedures specified herein and shall not be deemed to be permitted by right. All uses permitted in the PUD may be mixed. The mixture of uses must be arranged in such a way as to ensure compatibility among uses.
(1) 
Residential PUDs may include any use permitted by right or as a special use as a principal or accessory use within any residential zoning districts. A maximum of 10% of the gross site area of a residential PUD may be devoted to commercial uses permitted by right or as a special use in the R-1, R-3, and C Districts, including the required parking and any other accessory uses;
(2) 
Commercial PUDs may include any use permitted by right or as a special use as a principal or accessory use within any business or professional zoning districts;
(3) 
Industrial PUDs may include any use permitted by right or as a special use as a principal or accessory use in the industrial zoning districts.
A. 
Default standards. The use, bulk, development and improvement standards for each planned unit development shall be derived from the underlying zoning district. In the context of the planned unit development those standards shall be referred to as default standards. The PUD shall be consistent with the underlying zone upon which the PUD is based. Deviations from any of the default standards may be approved only as provided in this article and shall be explicitly stated in the ordinance approving the PUD.
B. 
Density. Dwelling unit densities in a planned unit development shall not exceed the maximum densities as designated in the Village Comprehensive Plan. However, increases in dwelling unit densities above the densities allowed by the underlying zoning district may be allowed according to the following criteria:
(1) 
Incorporation of common open space, an increase of up to 10%.
(2) 
Preservation of natural features or utilization of existing natural features in a harmonious fashion within the design of the site, an increase of up to 5%.
(3) 
Removal of deteriorating structures occupying 15% or more of the development site, an increase of up to 5%.
(4) 
Donation of land for schools or other public facilities, an increase of up to 10%.
C. 
Lot coverage. The maximum lot coverage over the entire PUD site shall be no more than 15% above the maximum lot coverage of the underlying zoning district.
D. 
Yards and setbacks. The required setbacks along the periphery of the PUD site shall be at least equal in width or depth to the minimum requirements of the underlying zoning district unless the applicant can demonstrate that a reduction of setbacks is necessary for protection of natural resources, and the reduced setbacks will be offset by additional screening or common open space.
E. 
Common open space. The amount and location of common open space provided shall be consistent with the declared function of the common open space as set forth in the application for a planned unit development. There shall be such provisions for the ownership and maintenance of the common open space to reasonably ensure its continuity and conservation. This assurance shall be attained through the formation of a homeowner's association for the area involved in the planned unit development, or by such other provisions as may be required by the Village Board.
F. 
Off-street parking. In no instance shall the off-street parking requirements be less than that be permitted by the Zoning Ordinance.
G. 
Landscaping. A minimum of 2% of all off-street parking areas shall be designated and improved as landscaped areas. Landscaped areas shall be adequately protected from vehicular traffic and properly maintained.
H. 
Screening. In addition to the landscaping requirements, in any zoned district which is not a residentially zoned district, there shall be provided along any side or rear yard abutting a residentially zoned district either: a fence that is a minimum of five-foot high and keeps with the general architectural design of the development, or a densely planted hedge which serves the same purpose as a traditional fence.
I. 
Signage. Signs for commercial uses in a Residential PUD with underlying residential zoning shall comply with the sign regulations permitted by the Zoning Ordinance. All other signs and sign structures must comply with the regulations for the underlying zoning district.
J. 
Sewers. All PUDs shall be connected to the public sanitary sewer system prior to occupancy and refuse removal shall be provided to the entire development.
The approval and classification of a proposed PUD shall be accomplished in accordance with the following procedures:
A. 
Prior to the preparation of a formal application, the applicant shall meet with the Zoning Administrator to discuss the proposed development. The purpose of this meeting is to afford the applicant the opportunity to be advised of the procedures and requirements involved in submitting an application and the policies that may affect the application.
B. 
The applicant shall complete a PUD application and shall prepare a preliminary development plan and other supporting materials to generally describe:
(1) 
General layout of proposed land uses;
(2) 
Location of proposed buildings, structures and other improvements;
(3) 
Location of proposed streets, sidewalks, accessways, parking areas, and screening;
(4) 
Location of common open space and the use of common open space being provided, where applicable;
(5) 
Location of all existing property lines, easements, buildings, streets, sidewalks and other improvements;
(6) 
Location of any significant physical features existing on the site, including floodplains, waterways and topography and the pattern of surface water drainage;
(7) 
A legal description of the entire area proposed for development;
(8) 
The total number of dwelling units proposed and a description of the types of residential units, if applicable;
(9) 
The proposed gross leasable floor area of commercial and/or industrial buildings, if applicable;
(10) 
The proposed lot coverage of buildings and structures as a percentage of the total development;
(11) 
The present and proposed ownership arrangement of all land within the site;
(12) 
Preliminary engineering plans or information on existing and proposed sanitary sewers, storm drainage, water supply and other utilities necessary to adequately service the development;
(13) 
Proposed agreements, provisions or covenants which will govern the use, maintenance, and continued protection of the development and any of its common open space;
(14) 
A timetable for development that indicates the approximate date when construction would begin, the stages in which the project would be built and the approximate dates when construction of each stage would begin and end;
(15) 
Additional information that may be requested by the Zoning Administrator;
(16) 
The applicant shall file the completed application, the preliminary development plan and other exhibits with the Zoning Administrator and shall pay a filing fee according to the fee schedule in this code. Once filed with the Zoning Administrator, the PUD shall be scheduled for a public hearing before the Village Board.
C. 
The PUD shall be filed and the public hearing conducted in accordance with the standard hearing requirements for zoning district amendments. The applicant shall have notice of the public hearing published in a newspaper of general circulation in the Village at least 15 days but not more than 30 days prior to the public hearing. Notices of the public hearing shall be mailed to all property owners within 250 feet of the outer boundaries of the property in question. Said mailing shall be completed at least 15 days but not more than 30 days prior to the public hearing.
D. 
The Village Board shall hold a public hearing and shall review the application and preliminary development plan to determine possible adverse effects of the proposed PUD and to determine what additional requirements may be necessary to reduce such adverse effects.
E. 
General review criteria. The Village Board's review of the PUD preliminary and final development plans and exhibits shall be based on the following criteria:
(1) 
The PUD is in general conformance with the Village Comprehensive Plan;
(2) 
The use or uses within the PUD are compatible with surrounding land uses;
(3) 
The intensity of development imposes no unreasonably adverse effects on surrounding property;
(4) 
Adequate public facilities exist or will exist to serve the requested use at the time such facilities are needed;
(5) 
Ingress and egress to the PUD is provided in a manner that facilitates access by emergency vehicles and efficient and safe traffic circulation in the vicinity;
(6) 
The plan has minimized, to the degree possible, adverse effects on the natural environment;
(7) 
The request conforms to all applicable provisions of this chapter unless specifically excluded by this section.
F. 
Following the public hearing and review, the Village Board shall recommend approval, modification or disapprove the PUD and the preliminary development plan within 30 days. In doing so, the Village Board shall develop findings of fact in accordance with this chapter on which to base its recommendation.
G. 
The Village Board, within a period of 60 days, shall approve, approve with modifications or disapprove the PUD and the preliminary development plan. In the case of approval or approval with modifications, the Village Board shall pass an ordinance granting the PUD classification.
H. 
Approval of the preliminary development plan by the Village Board shall not constitute final approval of a PUD. Rather, it shall be deemed an expression of approval of the basic provisions and concepts of the plan and act as a guide for the preparation of the final development plan. The final development plan shall conform to the approved preliminary development plan. Approval of the preliminary development plan shall not be construed as an implied waiver of any matter. A waiver of any requirement shall be in written form and must accompany the final development plan.
I. 
The approval of the preliminary development plan by the Village Board shall be valid for one year from the date of approval. If a final development plan is not filed within one year from the date of approval of the preliminary development plan by the Village Board, the approval of the preliminary development plan shall lapse, and the PUD classification shall be void and no longer in effect.
J. 
After receiving approval of the PUD designation and the preliminary development plan, the applicant shall prepare a final development plan and other supporting materials to specifically include:
(1) 
A subdivision plat in the same form and meeting all the requirements of a semi-final subdivision plat under the Subdivision regulations, if the subdivision of land is necessary;
(2) 
A legal description of each separate unsubdivided use area, including common open space;
(3) 
Specific types of uses and location of such uses to be created within the PUD;
(4) 
Designation of the exact location of all buildings to be constructed and the internal uses of these buildings;
(5) 
Final tabulation of number of dwelling units per acre, residential unit types and lot coverage;
(6) 
Complete landscaping plan for the development;
(7) 
Detailed maintenance plan for open space and responsibilities for all public and private improvements;
(8) 
Any other plans or specifications that may be necessary for final engineering approval of drainage, street design, utilities, and other facilities by the Village Engineer or engineering firm hired by the Village;
(9) 
Certificates, seals, and signatures required for the dedication of lands and recording of the documents;
(10) 
The other materials required for the preliminary development plan submission in their final form;
(11) 
Declaration of covenants, easements and restrictions affecting any of the uses within the PUD;
(12) 
Additional information that may be requested by the Zoning Administrator.
K. 
Once the final development plan has been completed and filed with the Zoning Administrator, the final development plan shall be scheduled for review by the Village Board.
L. 
Following the review of the final development plan, the Village Board shall recommend approval, modification or disapproval of the final development plan for the PUD within 30 days.
M. 
The Village Board shall approve, approve with modifications or disapprove the final development plan within a period of 60 days.
N. 
The final approval of the PUD shall be effective only upon the passage of an ordinance by the Village Board and the filing of the final development plan with the Recorder of Deeds. The recording of the final development plan shall inform all who deal with the PUD of the terms, conditions and provisions of the plan, which shall run with the land. A PUD shall be developed only according to an approved and recorded final development plan.
O. 
The final development approval may be granted in phases as approved by the Village Board. Each final development approval of a phase shall be recorded in the same manner as the final approval of an entire PUD.
P. 
Village Board approval of a final development plan for a PUD that involves the subdivision of land shall also constitute semifinal plat approval under Chapter 242, Subdivisions.
Q. 
No construction shall commence until the provisions of this chapter are met, along with all other applicable Village codes and ordinances.
A. 
As part of making a recommendation to the Village Board on an application for a planned unit development and preliminary development plan, the Village Board shall make findings of fact based upon the evidence presented in the hearing. These findings should detail the degree to which the proposed PUD is consistent with the general review criteria for PUDs and should assist in clarifying any conditions or restrictions recommended as a result of this review process. The approval of a planned unit development shall not be made unless a preponderance of the evidence establishes all of the following:
(1) 
That the proposed PUD is consistent with the stated purpose of these PUD regulations;
(2) 
That the proposed PUD meets the requirements and standards of these PUD regulations;
(3) 
That the proposed PUD is in the public interest and is compatible with adjacent properties and neighborhoods;
(4) 
That the proposed PUD is in conformity with the intent and spirit of the planning objectives of the Village.
B. 
As part of making a recommendation to the Village Board on a final development plan, the Village Board shall confirm whether the final development plan complies with the requirements of this article.
No amendments or modifications shall be made to the final development plan after approval and recording, except as provided below.
A. 
Minor amendments. Changes which do not alter the basic provisions and concepts of the final development plan shall be considered minor amendments and may be authorized at the discretion of the Zoning Administrator. Minor amendments may include changes in the location, siting, and height of buildings, provided these changes are necessitated by engineering limitations or other circumstances unforeseen at the time the final development plan was approved. No amendment to the approving ordinance shall be needed in such cases, but a memorandum of changes shall be filed and recorded with the Recorder of Deeds.
B. 
Major amendments. All other changes to the uses, common open spaces, arrangement of lots, lot coverage, or development schedule may only be made by following the procedures for final development plan approval as provided herein. Any changes which are subsequently approved must be recorded as amendments to the final development plan in accordance with the procedure established for the recording of the initial final development plan.
A. 
The applicant shall conform to the development schedule that is approved with the final development plan. If the applicant has not complied with the approved development schedule, a new hearing shall be scheduled before the Village Board, to determine whether the approval of the final development plan shall lapse, and the PUD classification be void and no longer in effect. At its discretion and for good cause, the Zoning Administrator may extend up to one additional year the period for the beginning of construction, the establishment of an approved use, or completion of a phase of the development as indicated in the approved development schedule.
B. 
If the final approval of a PUD lapses under the provisions of this chapter, the Village Board shall pass an ordinance declaring such PUD final development plan null and void under the terms of this section and shall direct the Village Clerk to record said vacation ordinance.
C. 
Once the final development plan for a PUD is recorded, if the applicant desires to abandon and vacate such final development plan, the applicant shall petition the Village Board for the passage of an ordinance vacating such final development plan. If such an ordinance is passed, the Village Clerk shall record such vacation ordinance with the County Recorder, with the recording fee to be paid by the applicant. Unless such vacation is approved by the Village Board and duly recorded, no construction shall be undertaken or use established on the property included in the PUD, except in accordance with the approved PUD plan.
A. 
All common open space, upon mutual agreement of the applicant and the Village, shall be either conveyed to the Village or conveyed to a not-for-profit corporation or entity established for the purpose of benefiting the owners and residents of the PUD or adjoining property owners by providing perpetual maintenance of all lands in common within the PUD, or guaranteed by a restrictive covenant describing the open space and its maintenance and improvement and running with the land for the benefit of the residents of the PUD or adjoining property owners or both.
B. 
The construction and maintenance of all public facilities and improvements which are a part of a PUD shall have payment and performance bonds, and approved prior to the recording of the final development plan.