(A) Pre-application meeting. The developer shall meet with the Village Administrator prior to the submission of the preliminary development plan. The purpose of this meeting is to discuss early and informally the purpose and effect of this Zoning Code, and the criteria and standards contained herein, and to familiarize the developer with zoning and other applicable regulations.
(B) Preliminary development plan.
(1) The submittal for a commercial, residential or industrial PUD shall be filed with the Village Administrator. In consideration of the submittal, the Planning Commission shall hold at least one public hearing to be held no later than 30 days after receipt of the submittal by the Planning Commission, unless such time is extended by agreement with the applicant. The Planning Commission shall either approve, approve with amendments or deny the application within 30 days after the public hearing. The recommendation shall be forwarded to the Village Council.
(2) Upon receipt of the recommendation of the Planning Commission, the Village Council shall hold at least one public hearing in consideration of the submittal prior to reaching a decision. The decision of the Village Council shall be made no later than 60 days after the receipt of the recommendation of the Planning Commission. The Village Council may approve, approve with amendments or deny the submittal. If the submittal is denied, there shall be no resubmittal for a period of 12 consecutive months after the date denied.
(C) Final development plan. Within 12 months of approval or approval with amendments of the preliminary development plan, the applicant shall submit a final development plan along with any necessary performance surety to the Planning Commission. The Planning Commission shall evaluate the plan for conformance with the preliminary development plan for the PUD as approved by the Village Council. If the Planning Commission finds the final development plan or the final development plan with amendments is compatible with the preliminary development plan, then such plan shall be approved. When a final plat is necessary for lot creation, it shall also be approved as part of the final development plan. If the final plat contains any right-of-way or easement dedication, it must go to the Village Council for acceptance prior to final approval. Acceptance of any right-of-way or easement dedication is a separate action by the Village Council, and should not affect the overall acceptance of the final development plan. Upon approval of the final development plan and recording of the final plat in the Office of the County Recorder, if necessary, the Village Administrator shall issue the necessary permits.
(D) Final development plan effect. Subsequent to the approval of the final development plan, the lands included with the site area thereof shall not be developed or used in any manner whatsoever that is not in conformance with the approved plan; and no permit shall be issued for any building, structure or use of the lands except in conformance with the approved plan. After the building is constructed, any necessary condominium plats and legal documents shall be recorded in the Office of the County Recorder. Such plats and legal documents will not require further review if they are in conformance with the approved final development plan as verified by the Village Administrator.
(E) Final development plan changes. Any changes in an approved final development plan desired by the owner of the tract of land involved shall be submitted to the Planning Commission. The Planning Commission shall conduct a public hearing on all proposed revisions to an approved final development plan and make a determination or finding that:
(1) The proposed revision is a minor change, not substantially altering the overall concept of the PUD. Generally, such changes are limited to small site alterations, such as realigning a street, shifting a setback, or slight changes in building designs that do not result in the loss of open space. Increases of up to 10% of the total development density and any decreases in density may be determined by the Planning Commission to be minor changes. Minor changes shall not involve reductions in required improvements, such as open space, parking areas, pavement widths and the like;
(2) The proposed revision is a major change, which will affect the general character and overall concept of the PUD, including substantial relocation or redesign of principal or accessory structures, parking, open space areas and streets. A major change is involved in density increases in excess of 10% of the total development density and/or revisions affecting the land coverage by building, parking and open space areas;
(3) Where the Planning Commission determines that the proposed revision is a minor change, the proposal may be reviewed as a revised final plan, and action to approve, modify or deny approval may be taken by the Planning Commission following the public hearing. Minor changes involving or affecting public improvements shall be referred to Village Council for review and action, not requiring a public hearing by Village Council;
(4) Where the Planning Commission determines that the proposed revision is a major change, the proposal shall be reviewed as a revised preliminary development plan as a part of the same public hearing, and the Planning Commission may act to approve, modify, or deny approval for the revised preliminary plan, following the public hearing. The revised preliminary plan shall be reviewed in the same manner as the original plan, including a public hearing review by Village Council; and
(5) Upon approval of a revised final development plan as a minor or major change, the original final plan shall be considered void and the revised final plan shall have the same force effect as if it were the original plan.
(Ord. 03-04, passed - -2002)