(A) General.
(1) All P.D.s shall be developed in strict compliance with the recorded final plan and supporting data. All final plans and covenants filed and recorded by the village shall be contractual undertakings by, and shall be binding upon, the applicants, therefore the owners of the land covered by such planned development, their successors and assigns.
(2) The final plan and supporting data shall control and limit the use of the parcel of land (including the general internal use of buildings and structures) and the location of the buildings and structures in the planned development.
(B) Occupancy. No P.D., or any portion of a P.D., may be occupied until such time as all applicable building certificates have been issued by the appropriate village authority certifying that the development, or a stage of the development, if applicable, has been completed in compliance with the final plan and any recorded covenant or developer agreement as approved and recorded.
(C) Amendments and administrative adjustments to the approved final development plan.
(1) Major changes. A major change requires a public hearing before the Planning and Zoning Board and approval by the Village Council. Notice for the public hearing shall be in accordance with the provisions of § 15.15.450 below. Submittal requirements maybe limited to plans and documents that indicate or are related to the major changes. Any of the following changes shall be deemed a major change:
(a) A change which alters the concept, character or intent of the final development plan;
(b) A change which increases the residential density or the number of dwelling units;
(c) A change which increases the height of any building or structure beyond 5%, or alters the uses and design standards set forth as a minimum in this chapter;
(d) A change which increases non-residential gross floor area of any building or of the entire development by more than 10%;
(e) A change which significantly reduces the amount of common open space or recreational amenities;
(f) A change that significantly alters the number, type or location of landscaping or existing vegetation; and
(g) A change that would have a significant environmental impact.
(2) Minor changes. Minor changes are changes not defined as major changes which do not alter the concept or intent of the P.D. The P.D. Review Committee shall approve minor changes. However, prior to considering any minor change the P.D. Review Committee may request that the Planning and Zoning Board review the proposed minor change and offer its recommendations.
(3) Revocation. The P.D. and the ordinances authorizing it shall be subject to revocation. If the P.D. is revoked the zoning classification of the subject property will revert to the zoning classification affixed to the property before approval of the P.D.
(4) Grounds for revocation. The P.D. shall be subject to revocation if:
(a) The application for approval of the final development plan is not filed within two years from the date of approval of the preliminary development plan; or
(b) Construction does not commence within two years from the date of approval of the final development plan. For a P.D. with a phasing plan, the P.D. shall be subject to revocation if the initial phase of construction has not commenced within two years of the approval of the P.D., or if construction of any of the subsequent phases has not commenced or is not completed in accordance with the terms of the phasing plan; or the developer requests revocation of the P.D.
(5) Extensions and hearings.
(a) The Village Council may extend these time limits in one-year increments.
(b) The Village Council may schedule a revocation hearing once any of these time limits has expired.
(c) The developer shall be notified at least 60 days prior to any revocation hearing.
(Ord. VG06-416, passed 10-23-2006)