A. The developer shall file an application for approval of a final development plan with the village. The applicant shall provide the village with not less than twenty (20) copies of the final development plan upon filing.
B. The application for final development plan shall include the following information, and any additional information that is pertinent to the proposed development, including information relating to any modifications to the preliminary development plan as the board of trustees may have deemed necessary or advisable and shall have specified in its approval of the preliminary development plan; and all information shall be presented on acceptable reproducible material:
1. Final development plat information, as set forth in subsection 7-2-4B of this code.
2. Detailed engineering plans and specifications for the development improvements, including, but not limited to, land grading, site preparation, streets, utilities, drainage, and any other requirements of the village's subdivision regulations as set forth in subsection 7-2-4C of this code.
3. Proof that the developer has acquired legal title to all land within the proposed development, is the contract purchaser of the land, or that the land is otherwise under unified control;
4. Articles of incorporation and bylaws for any property owners' association to be established;
5. Restrictive covenants and other legal instruments deemed necessary to guarantee the proper upkeep and use of the common open space and recreational facilities therein; and
6. Restrictive covenants whereby the owner proposes to regulate and maintain land uses in general, and other features, of the proposed development.
7. Performance guarantee in compliance with subsection 7-2-4D of this code and applicable law.
C. The application for approval of final development plan shall be in substantial compliance with the preliminary development plan as approved. The application may request approval of a final development plan for all or any phase of the development; provided:
1. A final development plan for the first phase of the development shall have been submitted for approval no later than twelve (12) months after the approval of the preliminary development plan; and
2. A final development plan or plans covering the entire area of the planned residential development shall have been submitted to the village for approval in accord with any time limitations established as a condition for approval of the preliminary development plan, or not later than twenty (20) years after the date of approval of the preliminary development plan, whichever is later.
3. Upon application of the owner and/or developer of the subject property, the board of trustees may at any time and from time to time extend the period of time for such submission(s).
D. The Planning and Zoning Commission shall consider the application for approval of the final development plan:
1. If the final development plan is in substantial compliance with the preliminary development plan, and the application for final approval has been filed with such supporting materials as the village requires, the Planning and Zoning Commission shall, within thirty (30) days of such filing, consider the final development plan and at such time or as soon thereafter as is practicable recommend approval thereof.
2. If the final development plan is not in substantial compliance with the preliminary development plan as approved, a public hearing to consider the final development plan shall be held before the Planning and Zoning Commission.
a. Any modification in the location of streets, facilities for water supply or wastewater treatment, or facilities for storm water detention, retention or conveyance shall not be considered to be a substantial change, and no public hearing shall be required as to any such modification, unless such modification results in a reduction in the availability of streets or such facilities in the proposed development area.
b. Following such public hearing, the Planning and Zoning Commission shall recommend approval, approval with conditions, or disapproval of the final development plan, and forward said recommendation to the board of trustees.
E. Within forty five (45) days after receiving findings and recommendations from the Planning and Zoning Commission, the village board shall review and approve any final development plan which is in substantial compliance with the preliminary development plan. If the final development plan is not in substantial compliance with the preliminary development plan, the board of trustees shall review and approve, approve with conditions, or disapprove the proposed final development plan.
1. The village may require, as a condition for its approval of any final development plan, that:
a. The final development plan must bear on its face the name of its preparer, the date of preparation, and the date of any revisions;
b. The final development plan must be accompanied by final engineering plans and specifications, and an estimate of costs for any and all public improvements shown in the final development plan, which estimate shall be subject to the reasonable approval of the village engineer;
c. The final development plan must be accompanied by an appropriate completion bond, irrevocable letter of credit, or cash, in accord with the requirements specified by subsection 7-2-4D of this code;
d. The final development plan and all development pursuant to the final development plan shall be in compliance with all other applicable codes, regulations, statutes and laws pertaining to the proposed development.
F. Any planned residential development shall be developed only in substantial compliance with the final development plan approved by the board of trustees. (Ord. 05-02, 2-10-2005; amd. Ord. 21-15, 4-15-2021)