A. Optional Prefiling Conference:
1. Prior to filing a preliminary plan, an applicant may request a prefiling conference with the Planning and Zoning commission. An application for the conference, together with the filing fee as determined from time to time by the village board, shall be submitted to the zoning administrator.
2. In the event a preliminary plan is subsequently filed, the filing fee will be credited toward the preliminary plan filing fee.
3. At the conference, the applicant may outline his proposed project and submit preliminary information such as a concept plan. The Planning and Zoning commission shall advise the applicant concerning in what respects his proposal conforms to applicable village plans and ordinances and to desired standards of design.
B. Preliminary Plan:
1. Filing: The applicant shall file a preliminary plan meeting the requirements of section 11-13-6 of this chapter.
2. Staff Review:
a. The zoning administrator shall, within five (5) days of receipt of a complete and accurate preliminary plan filing, transmit such filing to the staff development committee of the village. This transmittal shall be accompanied by a notice of a meeting to be held to review the filing within fifteen (15) days of its receipt.
b. The staff development committee shall be chaired by the zoning administrator and shall also include the village engineer, the director of public works, the fire chief, and the chair of the Planning and Zoning commission or his or her designee. The committee may seek technical assistance from such other sources as it deems necessary.
c. The committee may advise and assist the applicant in meeting village objectives but shall have no power to approve or disapprove any filing or in any way restrict the applicant's right to seek formal approval thereof.
d. The development committee shall, within thirty (30) days after the meeting, complete its review and file with the Planning and Zoning commission the complete preliminary plan filing, together with a written report noting any deficiencies in compliance with the requirements for a preliminary plan or for a planned unit development and any recommendations for improvement of the plan to better reflect the objectives of the planned unit development procedure.
3. Planning and Zoning Commission Review: At its next scheduled committee of the whole meeting after filing of the development committee report, the Planning and Zoning commission shall review the preliminary plan and the report. The commission shall then give written notice to the applicant of any deficiencies in the plan or any desired improvements.
4. Public Hearing: When any deficiencies found by the Planning and Zoning commission have been corrected and appropriate documents filed with the zoning administrator, the Planning and Zoning commission shall set a date for a public hearing before the commission. There shall be compliance with the requirements for conditional uses (chapter 3, article C of this title).
5. Planning and Zoning Commission Action:
a. Within sixty (60) days after the public hearing, the Planning and Zoning commission shall forward a written report to the village board. The report shall include findings of fact as provided in section 11-13-8 of this chapter, together with a recommendation for approval, conditional approval, or disapproval of the preliminary plan and the roll call vote of the commission on such recommendation.
b. The commission's recommendation may include any modification of normal zoning district or subdivision regulation requirement that is authorized by the provisions of this title governing planned unit developments.
6. Village Board Action: The village board shall, within thirty (30) days after it receives the Planning and Zoning commission report, approve, conditionally approve, or disapprove the preliminary plan.
7. Resubmission: If the preliminary plan or any part thereof is disapproved, it shall not be resubmitted during a period of one year from the date of disapproval except on the grounds of new evidence or proof of change of conditions found valid by the Planning and Zoning commission.
C. Final Plan:
1. Filing: Approval of the preliminary plan shall become void unless the applicant submits a final plan meeting the requirements of section 11-13-7 of this chapter within twelve (12) months of the date of approval of the preliminary plan, or within any extension beyond this period granted by the village board. The final plan may be filed in phases, but the plan required within this period shall include no less than twenty five percent (25%) of the land area included in the preliminary plan.
2. Staff Review: The village staff development committee shall review the final plan in accordance with the aforementioned procedures for staff review of the preliminary plan.
3. Planning and Zoning Commission Action: Within sixty (60) days of receiving the final plan and report from the development committee, the plan commission shall review the final plan and forward a report consisting of findings of fact and a recommendation for action on the plan to the village board.
4. Village Board Action: The village board shall, within thirty (30) days after it receives the Planning and Zoning commission report, approve the final plan by ordinance or disapprove the plan.
5. Recording Final Plan: The final plan, as approved by the village board, shall be filed with the county recorder of deeds as the final plat for the PUD. No permit allowing the construction of any improvement shall be issued before the final plat is recorded. The applicant shall pay all recording costs.
6. Amendments To Approved Final Plan:
a. No change or addition may be made to an approved final plan without approval of an amendment thereto by the village board.
b. An applicant seeking approval of an amendment shall file an application therefor with the zoning administrator. The application shall describe the amendment sought and provide such other information as the zoning administrator may require.
c. If the zoning administrator determines that the amendment sought is a substantial change, as defined in subsection C6d of this section, all procedures set forth herein for the approval of preliminary plans and final plans shall be followed. If the applicant disagrees with the zoning administrator's determination, he may appeal and request consideration by the Planning and Zoning commission, who shall make a final determination within sixty (60) days of filing the appeal.
If the zoning administrator determines that the amendment sought is not a substantial change, the application shall be forwarded to the plan commission for their consideration. A public hearing is not required. The Planning and Zoning commission shall, within sixty (60) days of receiving the application for amendment, file a written report with the village board including findings of fact and a recommendation for action on the amendment.
d. A substantial change to a planned unit development shall be any of the following changes from the previously approved final plan:
(1) A change that causes the development to fall short of meeting the requirements of any applicable zoning district to any greater degree than already provided on the previously approved plan.
(2) Any change in land use type or housing type.
(3) A change in the location of any structure, off street parking or loading area, common open space area, or any area or right of way to be conveyed to or reserved for the public body by more than ten feet (10') in any direction, or a change in the spacing between any two (2) structures by more than ten percent (10%).
(4) A change of more than ten percent (10%) in any nonlocational quantitative specification of the previously approved plan, including any dimension of any lot, yard, structure or pedestrian or vehicular thoroughfare; any residential density; amount of common open space acreage; utility line capacity; amount of floor area of nonresidential development; amount of land to be conveyed to or reserved for any public body; size or capacity of any off street parking or loading area; or amount or dimensions of existing or proposed tree or ground cover, landscaping, or screening.
e. The village board shall, within thirty (30) days after it receives the Planning and Zoning commission report, approve or disapprove the amendment. The amended plat shall be recorded in accordance with the provisions herein governing recording of a final plat.
7. Revocation Of Approval Of Final Plan:
a. The village board may revoke its approval of a final plan for a planned unit development or any phase thereof in any of the following circumstances:
(1) If construction does not begin within one year after approval of the plan.
(2) If construction is not completed within the time specified in the approved construction schedule or any extension thereof granted by the village board.
(3) If there is not compliance with applicable provisions of this title.
b. In any such instance, the Planning and Zoning commission shall give the applicant fifteen (15) days' notice to appear before the commission to answer any charge of noncompliance.
c. If the commission finds that the applicant is not in compliance, it may recommend revocation of approval if the planned unit development is not brought into compliance within a period it specifies. (Ord. 99-02, 1-7-1999; amd. 2011 Code; Ord. 2012-70, 11-15-2012; Ord. 2014-15, 3-20-2014; Ord. 2023-55, 9-7-2023)