§ 82-83. Planned unit development.

Residential planned unit developments may be permitted in the RR, R1, R2, R3 and R4 residential districts by a special use permit in accordance with the provisions of this article.

(1)

General purpose. The residential planned unit development special use permit is developed in order to:

a.

Encourage unique design and site planning of land areas through the use of criteria which, when properly implemented allows for certain flexibility and density bonuses.

b.

Permit and foster condominium developments in accord with the provisions of the Condominium Property Act, 765 ILCS 605/1 et seq.

c.

Provide an administrative procedure and standards to facilitate and utilize imaginative design and subdivision technology which may necessitate variation to traditional yards, setbacks, lot shapes and sizes.

(2)

Permitted uses. Unless otherwise provided in this chapter, no building or land may be used, and no building may be erected, converted, enlarged or structurally altered in a residential planned unit development except for permitted uses listed in the district in which the residential planned unit development is applied for.

(3)

Applicant. The applicant for a residential planned unit development special use permit shall be the owner of the site, or if more than one, all owners of the site acting jointly. For the purposes of this section, the term "owner" shall mean and include any public body corporate, a holder of a written option to purchase or a redeveloper under contract with the local public agency for urban renewal.

(4)

Preapplication conference. Prior to applying for a special use permit, the applicant is required to confer with the village president and village engineer. A conference shall be scheduled by the village president within 30 days after receipt of the following basic information and data, displayed to a scale on maps:

a.

The boundaries of the property;

b.

Existing easements and covenants affecting the property;

c.

Land characteristics, such as natural drainage, swamp areas, wooded areas and topography at two-foot contours;

d.

Development characteristics, such as surrounding streets, existing buildings, available community sewer, water and other utilities;

e.

The proposed layout including the road and street system and the location and extent of the various types of residential uses, acreage and density. Other characteristics of the proposal such as parks, playgrounds and other community facilities; and

f.

Development characteristics presented to the village president will include landscaping details indicating with specificity the landscaping to be used to surround all asphalt and parking areas. Each developer will be responsible for providing the village with a detailed site plan indicating the type and location of all landscaping anticipated to be installed between all parking areas and village roadways and all other areas surrounding asphalt areas.

(5)

Review and recommendation. The village president and village engineer shall review the proposed planned community development to determine its conformity with land development trends in the community; standards of the official comprehensive plan; and recognized principles of design, land use planning and landscape architecture. The review will be conveyed in writing to the applicant within 15 days from the date of the preapplication conference.

(6)

Filing procedure. After receipt of the written report, the applicant may file for a special use permit. All procedural rules in regard to the filing of a special use permit shall be the same as in the case of a regular zoning petition, excepting where the rules are in conflict with the terms of this section.

(7)

Application for a residential planned unit development special use permit. An application for a residential planned unit development special use permit shall be filed with the zoning board of appeals on a form prescribed by the board and provided for that purpose. The applicant shall consist of:

a.

Overall development plans showing:

1.

All information and data required by the village.

2.

The kind, location, bulk and capacity of proposed structures and uses.

3.

The proposed finished topography.

4.

Engineering and improvement plans.

5.

Provisions for automobile parking and loading.

6.

Provisions for sidewalks and bikeways.

7.

Twelve copies of each of the required plans.

b.

Written statements of facts explaining in detail the proposal and justifying the project as this location. Included also will be the proposed provisions for service, maintenance and continued protection of the residential planned unit development and adjoining territory.

c.

Fees:

Zoning lot of not less than one-half nor more than five acres in area ..... $300.00

Plus $25.00 for each acre or part thereof in excess of five acres, with a total maximum of $600.00

The application shall include such other pertinent information as the village president shall prescribe; but, to promote efficiently and minimize expense, the village president may provide for the serial submission of portions of the application.

(8)

Zoning board review. The zoning board of appeals shall review the overall design of the proposed residential planned unit development as it relates to the natural and manmade features in the immediate and surrounding area. The zoning board of appeals shall recommend to the village board the maximum density (dwelling units per net acre) and height which should be permitted which is consistent with the character of the surrounding development. In establishing the maximum density and height, due consideration shall be given to the maximum density and height permitted in adjacent residential district and to the actual density and height of the surrounding residential area where such exists. A residential planned unit development site may be divided into two or more parts with densities and heights determined for each part if such division will improve the total character of the development and make it more compatible with the general development of the area. The zoning board of appeals may recommend an award of a maximum of 20 percent density bonus of the zoning district for excellence in design treatment of a proposed planned unit development in accord with the environmental incentives in subsection (9) of this section.

(9)

Environmental incentives. The number of permitted dwelling units may be increased up to 20 percent as indicated in this subsection (9); provided, however, that the percentages for each item may be applied cumulatively to a total of at least 20 percent.

a.

Open space.

Twelve percent: Usable open space, provided that it equals 25 percent of the site area which is (private or public) not covered by buildings, parking and streets.

Six percent: Dedication of the public park site according to the official map, and the site may be considered part of the net site area for determining dwelling units.

Six percent: Dedication of the public school site according to the official map, and the site may be considered part of the net site area for determining dwelling units.

b.

Site planning design.

Two percent: Excellence in the use of existing topography and/or land recontouring.

Four percent: Excellence in siting buildings and building groups which may include variations in building setbacks.

Two percent: Provision in the design for usable courtyards, gardens and patios.

One percent: Proper consideration of the sun and wind orientation.

One percent: Right-of-way provisions for riding, hiking and bicycling.

c.

Landscape planting and screening.

One percent: Provision of a landscaped buffer strip at least ten feet wide on all peripheral lot lines with a less restricted use.

Two percent: Provision of a masonry wall or solid fence five feet high on all peripheral lot lines with a less restricted use.

d.

Facilities and amenities.

Five percent: Swimming pool (five percent for each pool: not to exceed ten percent).

Three percent: Tennis courts (one percent for each court) and playground recreation equipment.

Five percent: Community center and/or club.

Two percent: Land area for public building site such as a fire station.

Three percent: Manmade lakes and water features.

One percent: Provisions for pedestrian leisure facilities, such as plazas, trails, bicycle racks, interior sidewalks, benches, etc.

e.

Traffic and parking.

Ten percent: Provision of 50 percent of the required parking in an underground structure.

Additional detailed plans of site improvements and proposed documents to provide security for the installation and maintenance of utilities and community facilities and open spaces may be requested from time to time to facilitate the review of the proposed planned unit development. The zoning board of appeals may recommend reasonable conditions regarding the layout, circulation and performance of the proposed development. The zoning board of appeals may approve variation in the zoning and subdivision standards in residential planned unit developments which may permit private streets for unique developments which may permit private streets for unique developments that may utilize condominium development techniques, cluster housing concepts and other imaginative and unique development methods when consistent with the purpose of this section.

(10)

Public hearing. Upon receipt in proper form of the application referred to in subsection (9) of this section, the zoning board of appeals within 60 days, unless the time period is extended by joint approval of the applicant and zoning board shall hold at least one public hearing on the proposed residential planned unit development, at such time and place as shall be established by the board of appeals. Notice of the hearing shall be given in accordance with state statute. The village board may, by ordinance, require an applicant to assume the cost of administration, public notice and due notice to interested parties.

(11)

Findings of fact and recommendation of zoning board of appeals. Within 60 days after the close of the public hearing on the proposed residential planned unit development special use permit, the zoning board of appeals shall make written findings of fact and shall submit same together with its recommendation to the village board. For the zoning board of appeals to make an affirmative recommendation, it must find in each of the following instances that:

a.

The establishment of a residential planned unit development will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare.

b.

The residential planned unit development will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood.

c.

The residential planned unit development will not impede the normal or orderly development and improvement of the surrounding property for uses permitted in the district.

d.

Adequate utilities, access roads, drainage and/or other necessary facilities have been, are being or will be provided.

e.

Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.

Petitioner for the PUD shall be liable to the village for all legal and engineering fees incurred by the village in processing the PUD application. Said fees shall be paid to the village prior to the village's final vote on the PUD application.

(12)

Authorization. A residential planned unit development special use permit shall be authorized by the village board ordinance after a public hearing and recommendation from the zoning board of appeals. Such ordinance shall specify the maximum density (dwelling units per net acre), a coverage and height for the residential planned unit development and may include such other conditions and/or restrictions upon the location, design and construction as shall be deemed necessary to secure the general objectives of this chapter.

(13)

Effect of denial. No application for a residential planned unit development special use permit which has been denied wholly or in part by the village board shall be resubmitted for a period of one year from the date of such denial, except on the grounds of new evidence or proof of changed conditions found to be valid by the zoning board of appeals.

(14)

Recorded plat required. A plat of the subdivision shall be recorded. Such plat will show building lines, common land, streets, easements and other applicable features required by chapter 78 of this Code. No building permits or occupancy permits shall be issued until after final approval of the residential planned unit development special use permit and recording of the subdivision plat is finally approved by the village board.

(15)

Guarantee of completion. Before final approval of a residential planned unit development special use permit, the board of appeals on its own initiative may recommend and the board may require a contract with safeguards satisfactory to the village attorney guaranteeing completion of the residential planned unit development in a period specified by the zoning board of appeals, but which period shall not exceed five years unless extended by the village board.

(16)

Revocation. In any case when construction of a residential planned unit development has not commenced within one year after the date of approval, the zoning board of appeals shall review such residential planned unit development and recommend to the village board whether or not the residential planned unit development special use permit should be revoked or continued.

(Code 1974, § 22-64; Ord. No. 2000-12, § 1, 4-4-2000)