(A) Introduction. Application shall be accompanied by all plans and documents required by § 156.254. A three-step application process shall be used. The steps in the process are:
(1) Predesign conference;
(2) Concept plan approval; and
(3) Site plan approval.
(B) Predesign conference. Prior to filing a formal application for approval of a planned unit development, the applicant shall schedule a predesign conference with the Zoning Administrator. The purpose of the predesign conference shall be to:
(1) Allow the applicant to present a general concept and to discuss characteristics of the development concept in relation to adopted town policies;
(2) Allow the Zoning Administrator to inform the applicant of applicable policies, standards, and procedures for the planned unit development; and
(3) The predesign conference is intended only for the above purposes, neither the developer nor the jurisdiction is bound by any decision made during a pre-application conference.
(C) Procedure for concept plan approval.
(1) The concept plan and application for the planned unit development shall be submitted to the Zoning Administrator who, after making an initial determination that the application is not lacking in any substantive manner, shall initiate a review by the Zoning Administrator and town’s designated engineer.
(2) The application and the results of the review shall then be forwarded to the Plan Commission for its consideration, public hearing, and recommendations together with the Zoning Administrator’s report and such other documents as may be pertinent to the planned unit development.
(3) The Plan Commission shall hold a public hearing in accordance with its rules of procedure.
(4) Where there are environmentally sensitive features on the site or the site plan is expected to be complex, or there are other important planning implications involved, the Plan Commission may reserve the right to review the site plan. And, where the Plan Commission recommends denial of a concept plan and the Town Council approves the plan, the Plan Commission shall review the site plan.
(5) Upon completion of its review, the Plan Commission shall certify the application to the Town Council with a favorable recommendation, an unfavorable recommendation, or no recommendation.
(6) The Town Council shall vote on the proposal within 90 days after the Plan Commission certifies the proposal. The Council may adopt or reject the proposal. If the Plan Commission has given the proposal a favorable recommendation and the Council fails to act on the proposal within 90 days, the ordinance takes effect as if it had been adopted as certified 90 days after certification. If the Plan Commission has failed to make a recommendation or has given the proposal an unfavorable recom- mendation and the Council fails to act on the proposal within 90 days, the proposal is defeated.
(D) Effect of approval of concept plan.
(1) When a concept plan for a planned unit development has been approved by the Council, the plan shall become effective and its location shall be shown on the Zoning Map. The Zoning Map shall be amended to designate the site as a planned unit development.
(2) Upon such amendment of the Zoning Map, the use and development of the site shall be governed by the planned unit development concept plan, subject to approval of a site plan.
(3) No permit of any kind shall be issued until the site plan has been approved.
(E) Site plan approval.
(1) Purpose of site plan approval. The purpose of the site plan is to designate the controls for development of the planned unit development. The site plan shall show the exact location of each building and improvement to be constructed and a designation of the specific internal use or range of uses to which each building shall be put.
(2) Time limit for approval of site plan. The site plan shall be submitted to the Zoning Administrator not more than 18 months following Town Council approval of the concept plan. The concept and site plans may be submitted as a single plan if all requirements of § 156.254(B) and (C) are met. The site plan may be submitted and approved in stages, with each stage representing a portion of the concept plan, at the discretion of the Plan Commission. The time limit for submitting each stage for approval may be set forth in the concept plan, in which case that schedule shall control the timing of development, rather than the time period contained in this paragraph. The Plan Commission may extend the time for application for approval of site plan for good cause, consistent with the purposes of this chapter.
(3) Expiration of time limit. Periodically, the Zoning Administrator shall report to the Plan Commission on planned unit developments whose time limits have expired. The applicants shall be notified. The Plan Commission shall determine whether to consider extending the time or to initiate action to amend the Zoning Map so as to rescind the planned unit development designation.
(4) Relationship of site and concept plan. The site plan shall conform to the concept plan as approved.
(5) Procedure for approval of a site plan.
(a) Site plan submission. The site plan and supporting data shall be filed with the Zoning Administrator.
(b) Director review. The Zoning Administrator shall review the site plan to include site plan review, in accordance with the requirements of this chapter.
(c) Director approval. It shall generally be the responsibility of the Zoning Administrator to review site plans unless the Plan Commission reviews the site plans as provided in division (C)(4) above, or where a new site plan is required.
(d) Plan Commission review. If the Plan Commission has retained site plan approval authority, the Plan Commission shall hold a public hearing in accordance with its rules of procedure. The Commission may approve, deny, or approve with modifications.
(6) Expiration of site plan. The site plan shall expire two years after approval, unless grading and/or building permits have been obtained and are still current and valid on that date. This rule shall also apply to each stage of a site plan approved in stages. The applicant may request an extension of time in writing, and the approving authority may extend the time limit where appropriate. Such extension may be considered at the time of site plan approval.
(7) Effect of approval of site plan. No permit of any kind shall be issued for any purpose within a planned unit development except in accordance with the approved site plan, and after acceptance by the town of all required guarantees for improvements pursuant to § 156.254(C)(6).
(Ord. 2014-26, passed 9- -2014) Penalty, see § 156.999