The site plan review requirements in this section are intended to provide a uniform method of review of proposed development plans, to ensure full compliance with the regulations in the zoning ordinance, to achieve efficient use of the land, to protect natural resources, and to prevent adverse impact on adjoining and nearby properties. Site plan review is required prior to the establishment, construction, expansion, or structural alteration of any structure or land use involving office or commercial uses; single family planned residential development; any site condominium; and, construction or expansion of an institutional use. Site plan review shall not be required for construction, moving, relocating, or structurally altering a single family residential structure, including any accessory structure thereto.
(a) Pre-Application Conference. A pre-application conference with Village staff and the Village Planner shall be required to facilitate processing of a site plan in a timely manner. The purpose of a pre-application conference is to provide information and guidance to the applicant that will assist in the preparation of the site plan. The applicant need not present drawings or site plans at a pre-application conference, but even if drawings or site plans are presented, no decisions or action shall be taken on a site plan at a pre-application conference. The applicant shall pay the costs incurred for a pre-application conference.
(b) Optional Conceptual Review by the Planning Commission. An applicant may file a written request for one conceptual review of a preliminary site plan by the Planning Commission, prior to submission of a site plan to the Planning Commission for formal review. A site plan submitted for conceptual review shall be drawn to scale, and shall show site development features in sufficient detail to permit the Planning Commission to evaluate the following:
(1) Relationship of the site to nearby properties.
(2) Density of the development (if residential).
(3) Adequacy of landscaping, open space, vehicular drives, parking areas, parking calculations, drainage and proposed utilities.
(4) Conformance with Village development policies and standards.
The applicant shall pay the costs incurred for a conceptual review in accordance with the fee schedule adopted by resolution of the Village Council.
Formal action shall not be taken on a site plan submitted for conceptual review. Neither the applicant nor the Planning Commission shall be bound by any comments or suggestions made during the course of conceptual review.
(c) Submission of Site Plan for Formal Review. The applicant shall submit 15 copies of the application and site plans to the Village Clerk along with any other information deemed necessary to demonstrate compliance with zoning ordinance requirements.
At minimum, the following information shall be provided:
(1) A legal description of the subject parcel.
(2) Proof of ownership of the subject parcel.
(3) A survey prepared by a registered professional surveyor, indicating the gross land area of the development, the present zoning classification thereof and the zoning classification and land use of the area surrounding the proposed development.
(4) The natural assets and feature of the property such as, but not limited to, woodlands, wetlands, marshes, heritage trees, endangered plant species and wildlife on a fully dimensioned map of the land showing topographic information at a contour interval of not less than two feet, prepared by a registered professional surveyor.
(5) A vicinity map showing the location of the area in relation to surrounding properties, streets, freeways, parks, schools, and other significant features of the community.
(6) A fully dimensioned development plan with at least the following details shown to scale:
A. The location of existing and proposed structures in the development area, the use or uses to be contained therein, the number of stories, gross building areas, distances between buildings and between buildings and lot lines, required setback lines and the location of entrances and loading areas.
B. The location, layout, dimensions and area of all lots to be subdivided.
C. All streets, driveways, service drives and parking areas, including the layout and design of parking lot spaces.
D. All pedestrian walks, and open areas for parks and/or recreation to be dedicated to the public or to be retained by a property owner’s association.
E. A detailed landscaping plan to include, but not be limited to, the location and height of all fences and walls; the species (Latin and common names), number, height or size at time of planting, and proposed locations of all proposed plant materials; the method by which landscaping is to be installed; and, the methods by which landscaping will be maintained.
F. Architectural sketches, at an appropriate scale, showing building heights, elevations, and other features of the development.
G. Surface materials, such as paving, turf or gravel to be used at the various locations.
H. The method of servicing the area with sanitary sewer facilities, including the location of lines, manholes, pump stations, and other appurtenances.
I. A grading plan for the proposed development site, which shall be coordinated with the landscaping plan and topographic map referred to above.
J. A plan for dealing with stormwater drainage, including use of detention or retention ponds where deemed necessary by the Village Engineer.
(7) Other information deemed necessary by the Planning Commission to determine compliance with the regulations herein.
(d) Public Hearing. Upon receipt of a site plan, the Planning Commission shall schedule a public hearing. Notices of public hearings must be published in a newspaper of general circulation within the Village not less than 15 days prior to the date of the hearing. Notices must be mailed to owners and occupants of all properties and structures within 1,000 feet of the subject site, including those outside the Village (if applicable). Notices must be postmarked not less than 15 days prior to the date of the hearing.
(e) Site Plan Considerations. Upon receipt of a site plan and application, the Village Clerk shall forward it to the Planning Commission for review and to make a recommendation to the Village Council. The Village Clerk shall also forward the plan to the Village Planner, Building Official, and Historic District Commission (if applicable) for review. The Planning Commission shall consider the following standards:
(1) The proposed development shall be of such location, size, and character as to be consistent with the zoning regulations and standards contained herein. Furthermore, the development shall not be detrimental to the orderly development of the zoning district in which it is located or of the adjacent zoning districts.
(2) The location and size of the proposed development, the nature and intensity of the principal use and all accessory to it, shall be such that traffic to and from the use or uses, and the assembly of persons in connection therewith, will not be hazardous or inconvenient to the neighborhood nor conflict with the normal traffic of neighborhood. In applying this standard, the Planning Commission shall consider, among other things, convenient routes for pedestrian traffic, the relationship of the proposed project to freeways, main traffic thoroughfares and street and road intersections; and existing and potential development of the neighborhood.
(3) Where appropriate, the Planning Commission shall determine whether noise, vibration, odor, light, glare, heat, electromagnetic or other external effects, from any source whatsoever which is connected with the proposed use, will have a detrimental effect on neighboring property or the neighborhood in general.
(4) The location and height of buildings, the location, nature and height of walls and fences, and the nature and extent of landscaping of the site shall be such that they will not hinder or discourage the proper development and use of adjacent land and buildings.
(5) The location and size of the proposed development and the nature and intensity of the principal use and accessory use(s) shall not unduly threaten or jeopardize any natural asset or heritage tree. Upon evidence of a threat to any natural asset or heritage tree, the Planning Commission may require an environmental impact statement to be prepared by the applicant. The Planning Commission shall set forth the basis for requiring an environmental impact statement and the particular concern or concerns need to be addressed in the statement. The environmental impact statement shall be filed as an amendment to the site plan application and be made part of the site plan record.
(6) The environmental impact statement shall be prepared by a person qualified to advise the Planning Commission and Village Council with regard to the particular area of environmental concern. The Planning Commission may designate the expertise, training, certification or licensure of such person as part of its action requiring an environmental impact statement. Fifteen copies of the environmental impact statement shall be submitted. Where applicable, the environmental impact statement shall include the following information with regard to each area or designation of environmental concern:
A. Anticipated impacts on the community resulting from the project including, but not limited to:
1. Social changes.
2. Economic changes.
3. Changes in the constructed environment.
4. Changes in the natural environment.
B. Possible benefits (positive effects) and detriments (negative effects) of the project.
C. Alternatives considered to either increase benefits or decrease detriments to the community and the immediately surrounding area.
D. Planned solutions included in the project to assure the greatest benefits possible from the project.
E. Planned solutions included in the project to assure the fewest detriments possible from the project.
F. Summary of unavoidable, detrimental effects of the project, including a list of the lost of natural resources irreversibly and irretrievably lost as a result of the project.
(7) Greenbelt and Wall Screening Requirements. The Planning Commission may permit the modification or waiver of greenbelt and/or wall screening requirements as specified in Section 1268.29
where such screening would serve no good purpose, where other methods of screening would be suitable or where alternative solutions achieve the intent and purpose of this Zoning Code.
(f) Planning Commission Action. The Planning Commission is authorized to take the following action on the site plan, subject to the guidelines in the zoning ordinance: recommend approval, approval with conditions, or denial to the Village Council. The Planning Commission may also table the site plan.
(1) Approval. Upon determination that a site plan contains the information required by the Zoning Ordinance and is in compliance with the standards, conditions and requirements of this section, other statutorily authorized and adopted Village planning documents, other applicable ordinances, and state and federal statutes, the Planning Commission shall recommend approval.
(2) Approval Subject to Conditions. Upon determination that a site plan is in compliance except for minor modifications, the Planning Commission may recommend approval subject to conditions. The motion to recommend approval shall identify the conditions of approval, which may include by way of example, the need to obtain variances or obtain Historic District Commission approval.
(3) Denial. Upon determination that a site plan does not comply with the standards and regulations set forth in this section or other applicable ordinances, the Planning Commission shall recommend denial. A motion to recommend denial shall state the reasons for such a recommendation.
(4) Table. Upon determination that a site plan is not ready for approval or denial, or upon request of the applicant, the Planning Commission may postpone or table consideration of a site plan until a future meeting.
(g) Village Council Action. The Village Council shall review the application for site plan approval, together with the public hearing findings and reports and recommendations from the Planning Commission, Historic District Commission, Village Planner, Building Official, and other reviewing agencies. The Village Council is authorized to approve, approve with conditions, or deny the site plan as follows:
(1) Approval. Upon determination that a site plan contains the information required by the Zoning Ordinance and is in compliance with the standards, conditions and requirements of this section, other statutorily authorized and adopted Village planning documents, other applicable ordinances, and state and federal statutes, the Planning Commission shall recommend approval.
(2) Approval Subject to Conditions. Upon determination that a site plan is in compliance except for minor modifications, the Village Council may approve subject to conditions. The motion to approve shall identify the conditions of approval.
(3) Denial. Upon determination that a site plan proposal does not comply with the standards and regulations of this section, the site plan shall be denied. A motion to deny shall state the reasons for denial.
(h) Fees. Applications for site plan approval shall be accompanied by a filing fee, which shall be established by resolution of the Village Council. This filing fee may include a deposit toward the costs of any consultants retained by the Village for reviewing the application, such as consulting planning services, consulting engineering services, legal services, court reporters services, public hearing publication and notification costs, and similar services. The filing fee and deposit shall be paid before the approval process begins. Upon notification of deficient payment of fees, administrative officials charged with enforcement of this section shall suspend further review of application until the account is brought up-to-date.
Any portion of the fee not needed to pay expenses shall be refunded without interest to the applicant after final action on the application.
(i) Revocation of Site Plan Approval. Site plan approval may be revoked if construction is not in conformance with the approved plans, in which case the Village Council shall give the applicant notice of intention to revoke approval at least ten days prior to review at a public meeting by the Village Council. Upon conclusion of such review, the Village Council may revoke its approval of the plan if the Council feels that a violation in fact exists and has not been remedied prior to such hearing. If the building has already been occupied and the applicant fails to abide by any restrictions after due notice, the certificate of occupancy may be revoked.
(j) Period of Validity. Site plan approval granted under this section shall be effective for a period of one year. If a building permit has been obtained pursuant to an approved site plan, then the effective period for such site plan approval shall be automatically extended to coincide with the expiration of any such building permit. If a building permit issued pursuant to an approved site plan is cancelled, terminated or otherwise expires, then any extension of the site plan by virtue of such building permit shall otherwise be terminated; if the site plan would otherwise have expired, it shall be deemed to have thus expired. Notwithstanding any provision of this division (j), the Village Council may, on proper application, grant an extension or extensions of any approved site plan for good cause shown. No such extension shall be granted unless there is full compliance with all applicable site plan requirements which may be in effect at the time of the application for extension.
(Ord. 2010-03. Passed 4-12-10; Ord. 2017-02. Passed 2-13-17.)