(a) Submission of Application for Preliminary Plan.
(1) Prior to filing an application for rezoning to a planned district, the applicant shall meet with Planning and Zoning Administrator in a pre-application review meeting to discuss the requirements for a preliminary plan and Development Standards Text which are required as part of the rezoning request.
(2) The applicant shall submit the rezoning application along with 20 copies of the proposed preliminary plan and Development Standards Text in accordance with the submission schedule established by Council. In order to defray the cost of examination of the rezoning application and the plan and text and review by Council, the applicant shall pay a fee in accordance with the fee as stipulated by ordinance. Staff shall circulate the preliminary plan and other comments to appropriate departments in the municipality for review and comment.
(3) Once the applicant has submitted a completed application in accordance with the submission schedule, staff shall submit the application, including the preliminary plan and Development Standards Text, to Council for their review and action within 45 days. It shall be the duty of Council to review the preliminary plan and Development Standards Text and determine whether it complies with the regulations of this chapter.
(4) A preliminary plan shall be valid for five years after Council approval. Construction of any phase of the development must begin within this period or a new preliminary plan is required.
(b) Submission of Development Plan.
(1) Prior to filing for development plan approval, the applicant shall meet with the Planning and Zoning Administrator to review the development plan relative to the previously approved preliminary plan and Development Standards Text as well as procedures for approval.
(2) The applicant shall submit an application to the municipality including the required number of copies of the proposed development plan, Development Standards Text modification if appropriate and any other required information in accordance with the submission schedule of Council. In order to defray the cost of examination of the materials and review by Council, the applicant shall pay a fee in accordance with the fee schedule as stipulated by ordinance.
(3) It shall be the duty of Council to review the development plan and determine whether it complies with the regulations of this chapter. Such determination shall be made by Council within 45 days of submission of the development plan to Council, which shall be done after any necessary approvals by the Village Engineer and Planning and Zoning Administrator are obtained and payment of the construction plan review fee is received by the village. If Council finds that the development plan complies in all respects with the regulations of this chapter and the previously approved preliminary plan and Development Standards Text, Council shall approve the development plan. With the approval of Council, minor modifications of the approved development plan may be made. Such modifications shall not increase the overall density of the site or change the essential character of the approved development plan. If the Planning and Zoning Administrator determines that such proposed changes significantly alter the approved development plan, it is considered a major change and the development plan must be resubmitted to Council for approval.
(4) In the event that Council does not approve the plan, each applicant shall be notified in writing of the reason for disapproval or modification along with the decision of Council.
(c) Conformance with the Development Plan. Development shall be in conformance with the development plan and construction site improvements must be commenced within two years of Council approval; otherwise, no development of the land shall take place until a new development plan is approved pursuant to this section.
(d) Modification of the Development Plan. With the approval of Council, minor modifications of the approved preliminary development plan may be made. Such modification shall not increase the overall density of the site or change the essential character of the approved plan. If Council determines that such proposed changes significantly alter the approved preliminary development plan, it is considered a major change and the revised plan must be resubmitted to Council for approval. Development of land shall not proceed prior to final approval of the development plan. Any development undertaken without such final approval is in violation of this Zoning Code and an abatable nuisance.
(e) Variances from Development Standards. Council may approve variances from the Development Standards of this chapter as part of the Development Standards Text and development plan. These variances shall be consistent with the intent of the zoning district.
(Ord. 2020-10, passed 6-15-2020; Am. Ord. 2020-15, passed 8-17-2020)