Planned Unit Developments for Commercial and Residential Real Estate

 Posted on December 00, 0000 in Commercial Real Estate

While any type of development can be complicated, the planned unit development (PUD) process often far exceeds the regulatory hurdles of other types of development. If an application is not completed properly or the regulatory process is not monitored, it can cost developers thousands of dollars, or potentially jeopardize the project altogether.

What Are Planned Unit Developments?

In Illinois, cities have the authority to allow for planned unit development (PUD). This is a special regulatory process to allow for the construction of large residential or commercial development projects. Each city has its own application process. Each city also has its own preferences and concerns that can affect how easily it is to get a project approved and built.

Unlike regular zoning laws that are fixed to parcels on a map, a PUD is known as a floating overlay district. It allows communities and developers to meet community needs and concerns such as population density and the revitalization of communities without worrying about the specific zoning districts. Instead, once the PUD is approved, the PUD zoning regulations are overlaid on top of existing zoning rules.

The General PUD Process

While each city has slightly different written and unwritten requirements for PUDs, the basic process includes:

• Pre-application conferences and negotiations
• Formal written application
• Review of Application
• Revisions
• Comment Period
• Additional Revisions
• Approval

While the formal PUD process does not start until a written application is submitted, no developer will get very far without first meeting with planning officials and discussing the planned project and getting some feedback on any concerns. The written application itself is more than just a technical planning document. It is a legal document. Once it is filed, you are beginning a legal process that means you have certain rights and responsibilities. Few applications are approved without some level of revisions. In most instances, revisions require the payment of additional fees. Some revisions will be needed as more detailed planning is undertaken and some revisions will be required by the city government or planning office.

Before a PUD can be approved, it must be left open to public comment. Many projects receive little or no attention during this period. But, if there are extensive public comments it may lead to requested revisions before the PUD will be approved.

If you have questions or concerns about any stage of the PUD process, you need to speak with an experienced Naperville real estate attorney as soon as possible. Call Lindell & Tessitore, P.C. at 630-778-3818 today to schedule an appointment. Make sure easily avoidable legal issues do not sidetrack your development.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=006500050K7-1-5.3