(A) General.
(1) After approval by the Planning Commission of the preliminary plan and plat, application may be made for approval of the final site development plan and the final plat which shall be in substantial compliance with the requirements of the approved preliminary plan.
(2) The final site development plan and final plat shall be deemed in substantial compliance with the preliminary site development plan and preliminary plat provided that the final site development plan and final plat do not:
(a) Involve a reduction of more than 5% of the area reserved for common open space or useable open space;
(b) Increase the floor area proposed for nonresidential use by more than 5%;
(c) Increase residential densities; and
(d) Increase total ground area covered by buildings by more than 5%.
(3) If the final plan is not in substantial compliance with the approved preliminary plan, the revision shall require the same review and public hearing process required for approval of the preliminary plans. All applications for final site development plan and final plat approval shall be accompanied with a filing fee as set forth in the Appendix of Fines and Fees to defray the cost of review and investigation.
(B) Contents of final plans. In addition to the requirements of the town subdivision regulations for final plats, the following information shall be submitted with the final plat on a separate final site development plan(s) at the same scale as the final plat:
(1) Lot lines;
(2) The location and floor area of all existing and proposed buildings, structures, ground signs and other improvements, including maximum height, types of dwelling units, density per type and nonresidential structures including commercial facilities. All buildings shall be dimensioned with distances shown from clear reference points;
(3) The location and size in acres or square feet of all areas to be conveyed, dedicated, reserved or used as common open spaces, public parks, recreational areas, school sites and similar public or semi-public uses;
(4) The existing and proposed circulation system of arterial, collector and local streets, including off-street parking areas, service areas, loading zones and major points of access to public right-of-way. Notations of ownership (public or private) shall be included where appropriate. Rights-of- way and paved widths for each street shall be shown in accordance with the minimum design standards of this chapter;
(5) The existing and proposed pedestrian circulation system, including its interrelationships with the vehicular circulation system indicating the proposed treatment of points of conflict;
(6) Preliminary architectural elevations (perspectives) sufficient to relay the basic architectural intent of the proposed improvements;
(7) A landscape plan including the extent and location of all plant materials and other landscaped features. Plant material must be identified by direct labeling plan or by a clearly understandable legend. Proposed treatment of all ground surfaces must be clearly indicated, including, but not limited to, paving, turf, gravel, grading, and flower and shrub beds;
(8) The provisions for the ownership and maintenance of the common open spaces as will reasonably ensure its continuity and conservation. Open space may be dedicated to a private association or to the public, provided that a dedication to the public shall not be accepted without the approval of the Town Board of Trustees; and
(9) Such covenants as will reasonably ensure the continued compliance with the approved master development plan and the final site development plan. In order that the public interest may be protected, the town may be made beneficiary of covenants pertaining to such matters as location of uses, height of structures, landscaping, drainage, setbacks, screening, parking and access. Such covenants shall provide that the town may enforce compliance therewith, and shall further provide that amendment of such covenants shall require the approval of the Planning Commission and the filing of record of a written amendment to the covenants endorsed by the Planning Commission.
(C) Planning Commission hearing and action.
(1) The Planning Commission, upon the filing of an application for final site development plan and final plat approval shall set the matter for public hearing in accordance with the regular procedures for final plat filing as prescribed in the subdivision regulations.
(2) The Planning Commission shall conduct the hearing and shall determine:
(a) Whether the final site development plan and final plat are consistent with the preliminary plans previously approved;
(b) Whether the final site development plan and final plat harmonize with the existing and expected development of surrounding areas;
(c) Whether the final site development plan and final plat are a unified treatment of the development possibilities of the project site; and
(d) Whether the final site development plan and final plat are consistent with the stated purposes and standards of this chapter.
(3) The Planning Commission shall forward its recommendation, the application, and the final plans to the Town Board of Trustees for further hearing.
(D) Town Board of Trustees’ action. Upon receipt of the application, all final plans and the Planning Commission recommendation, the Board of Trustees shall hold a hearing, review the final plans, and approve, disapprove, modify, or return the plans to the Planning Commission for further consideration. Upon approval of the final site development plan and the final plat, the applicant may proceed with the filing of the final plat.
(Ord. 364, passed 3-13-2017)