A. Standards for Amendments. An amendment to a PRD may modify any aspect of the PRD approval, including any modifications under Section 10-17-8. No amendment to a PRD, pursuant to this Section, shall be approved except upon finding that:
1. The amendment does not change the concept or intent of the PRD;
2. The amendment will not diminish any Public Benefit provided to secure approval of a PRD, except to the extent that an equal or greater Public Benefit is provided as a result of the amendment; and,
3. The PRD, subsequent to amendment, will continue to satisfy all applicable standards under this Chapter.
B. After Preliminary Plan Approval. An approved preliminary plan may not be amended. Any discrepancy between a preliminary plan and final plan must either be (i) determined by the Village to be in “substantial conformance,” as described in 10-17-7; or (ii) resolved by seeking a new preliminary plan approval, which requires the same approval process, procedures, and limitations as an initial application. A prior approval is in no way a guarantee, obligation, or precedent supporting the approval of a subsequent PRD proposal.
C. After Final Plan Approval. The following procedures apply after a Final Plan is approved but prior to substantial completion of all phases of the development:
1. Major Changes. Any change that would render the resulting development out of “substantial conformance” with the Final Plan, as that term is defined in 10-17-7.E.3, must be resolved by seeking a new PRD approval subject to the same approval process, procedures, and limitations as an initial application. A prior approval is in no way a guarantee, obligation, or precedent supporting the approval of a subsequent PRD proposal.
2. Minor Changes: All other changes are “Minor Changes” for the purposes of this Section. An applicant may present a proposed Minor Change to an approved PRD to the Village Administrator for approval. The Village Administrator may approve the proposed Minor Change without further proceedings, provided that the Village Administrator finds that the proposed change does not change the concept or intent of the PRD. The Village Administrator, in the Administrator’s sole discretion, may also refer the proposed Minor Change to the PCZBA for review and approval without a public hearing, which approval the PCZBA may grant provided that the PCZBA finds that the proposed change does not change the concept or intent of the PRD.
D. After Substantial Completion. This subsection applies after substantial completion of all phases of the development, including the transfer of responsibility to an owners’ association and the actual occupancy of the PRD. This Section is intended only to allow for the adaptation of PRDs to subsequent changes in conditions and regulations as may occur throughout the indefinite lifespan of a PRD, and not to allow for the extension of special privileges or the diminishment of any of the obligations of an owner or owners’ association.
After substantial completion, an amendment may only be initiated by (i) the Village; (ii) the written request of all real property owners within the PRD; or (iii) an owners’ association, but only as specifically authorized to do so by the PRD’s declaration of covenants.
An amendment to a substantially complete PRD shall be subject to the same public notice and process as is applicable to amendments to a special use permit, except that the standards provided in Subsection A must also be met. An amendment to a substantially complete PRD may effect additional modifications under Section 10-17-8. (Ord. 2022-30, 10-24-2022)