No subdivision shall be approved under title 6 of this code nor shall any building permit be issued until a development plan is approved as provided in this section.
The owner or owners of any tract of land within the BP district shall submit to the president and board of trustees a plan for the use and development of all the tract of land. The proposed development plan shall first be submitted in preliminary form. The preliminary development plan shall be referred to the plan commission for study, public hearing, and report. The plan commission, upon receipt of the preliminary development plan, shall set a day certain for a public hearing thereon. Notice of the time and place of such public hearing shall be published at least once, not less than fifteen (15) days nor more than thirty (30) days before the hearing, in a newspaper of general circulation in the village.
Upon approval by the plan commission of the preliminary development plan, after a public hearing thereon, the applicant shall, within one hundred twenty (120) days thereof, present to the plan commission a final development plan which shall not vary materially from the approved preliminary plan, for final approval by the plan commission.
The plan commission shall within thirty (30) days from the receipt of the final plan make its report and recommendations to the president and board of trustees with such additional conditions as are, in its opinion, necessary to fulfill the objectives of this chapter; provided, however, that if the preliminary plan had received the approval of the plan commission, the final plan shall be so approved, with or without conditions, if the final plan is substantially the same as the preliminary plan, and the planned uses shall be consistent with the permitted and special uses (if a special use permit has been issued) in the BP district.
In its consideration of the preliminary development plan, the plan commission shall require evidence that:
(A) The plan complies with the requirements of this title, including, section 5-6-14 of this chapter;
(B) The property in the general vicinity of the area included in the plan will not be adversely affected;
(C) The plan is consistent with the intent and purpose of the zoning regulations of the village to promote public health, safety, and welfare;
(D) The planned use shall form a compatible, harmonious community group or groups;
(E) The development plan provides for a uniform quality of buildings pursuant to a village approved architectural covenant, requiring, at a minimum, permitted materials and harmony between buildings; and
(F) Any unobstructed open space or conservation area whose acreage shall be utilized in the determination of the common land, if any be provided, shall, upon the recommendation of the plan commission, be designated as such on the plan and conservation area established by conveyance or easement to the village or other not for profit entity approved by the village to ensure the continued existence and maintenance of said area. (Ord. 04-01, 2-23-2004)