(A) No changes. A final development plan that contains no changes or additions to the approved preliminary development plan shall be approved by the Administrator upon a determination that all conditions of approval of the preliminary development plan if any, have been satisfied by the applicant, and that all other submission requirements have been satisfied. If the Administrator does not approve the final development plan the decision may be appealed to the Planning Commission or Board of Trustees as the Board of Trustees elects. Upon such an appeal, the Planning Commission or Board of Trustees shall act in accordance with the procedure specified in division (B) of this section.
(B) Minor changes. A final development plan that contains minor changes to the approved preliminary development plan may be approved by the Administrator. A determination by the Administrator on such minor changes shall be made pursuant to this division, provided that the Administrator may, at his or her discretion, submit the changes to the Planning Commission or Board of Trustees for review. Any determination made by the Administrator under this section may be appealed to the Planning Commission or Board of Trustees by the applicant within seven days after the date of the determination. In all such appeals, the Planning Commission or Board of Trustees shall act in accordance with division (C) of this section.
(C) Definition of minor changes. For purposes of this section, MINOR CHANGES to the approved preliminary development plan shall mean all changes that are not substantial (as further defined herein) including but not limited to any of the following:
(1) Increases in the density or intensity of residential uses between 0% and 5%.
(2) Increases in the total floor area of all nonresidential buildings covered by the plan between 0% and 10%.
(3) Increases of lot coverage between 0% and 5%.
(4) Increases in the height of any building between 0% and 10%.
(5) Decreases of any peripheral setback between 0% and 5%.
(6) Decreases of areas devoted to open space between 0% and 5%.
(7) Reconfiguration of building locations that do not involve substantial changes, as defined in this section.
(D) Substantial changes. A final development plan that contains substantial changes from the approved preliminary development plan may be approved by the Board of Trustees only upon review of the proposed changes by the Planning Commission, said review to include a public hearing by the Planning Commission.
(E) Definition of substantial changes. For purposes of this section, SUBSTANTIAL CHANGES to the approved preliminary development plan shall mean any of the following:
(1) A change in the number or sequence of phases, if any.
(2) Increases in the density or intensity of residential uses equal to or more than 5%.
(3) Increases in the total floor area of all non-residential buildings covered by the plan equal to or more than 10%.
(4) Increases of lot coverage more than 5%.
(5) Increases in the height of any building equal to or more than 10%.
(6) Changes of architectural style that will make the project less compatible with neighboring uses.
(7) Changes in ownership patterns or stages of construction that will lead to a different development concept.
(8) Changes in ownership patterns or stages of construction that will impose substantially greater loads on streets and other public facilities.
(9) Decreases of any setback equal to or more than 5%.
(10) Decreases of areas devoted to open space equal to or more than 5% or the substantial relocation of such areas.
(11) Changes of traffic or circulation patterns that will affect traffic outside of the project boundaries.
(12) Modification or removal of conditions to the preliminary development plan approval.
(13) Changes to the water or sanitary sewer plans that impact these utilities outside the project boundaries.
(14) Modification of an express condition or requirement previously imposed by the prior development plan.
(F) Planning Commission recommendation. The Planning Commission shall transmit its recommendation to the Board of Trustees, which shall approve, approve with conditions, or disapprove the final development plan.
(G) Criteria for approval. In determining whether to approve an application for a final development plan that contains substantial changes from the preliminary plan, the Planning Commission and Board of Trustees shall apply the criteria set forth herein, applicable to a preliminary development plan application.
(H) Conditions of approval. If the Board of Trustees attaches conditions to the approval of a final development plan, it shall designate specific requirements, if any, that must be met before issuance of a building permit. The Board of Trustees may delegate to the Administrator the authority to determine whether the specifically prescribed conditions attached to the approval have been satisfied by the applicant. Such conditions may arise from a change in circumstances following the original approval, identification of new information, or other reasonable factors warranting conditions as necessary to satisfy the approval criteria.
(`92 Code, § 40-2-11) (Ord. 00-11, passed 7-5-00)