§ 155.568  FINAL PLAN; PLANNING AND ZONING BOARD REVIEW.
   (A)   The Planning and Zoning Board shall review the final plat at a public meeting and shall recommend approval or disapproval within 30 days after submission by the landowner and shall indicate the reason therefor to the Village Board.
   (B)   A public hearing on an application for final approval of a planned unit development shall not be required except as follows.
      (1)   The Planning and Zoning Board shall not act upon a final plan application which contains one or more major changes from the preliminary plan as approved by the Village Board.
      (2)   A final plan which contains a major change from the preliminary plan approved by the Village Board shall be considered and treated as a new plan, and the Planning and Zoning Board shall require that the landowner resubmit an application for preliminary plan approval in accordance with appropriate section of this chapter.
      (3)   Any of the following changes shall be deemed to be a major change:
         (a)   A change which alters the concept, character or intent of the preliminary plan;
         (b)   A change which increases residential density;
         (c)   A change which significantly increases the height of any building or structure; or alters the uses and design standards set forth as a minimum in this chapter;
         (d)   A change which significantly increases nonresidential floor area by more than 10%;
         (e)   A change which reduces the amount of common open space or other open space;
         (f)   A change which significantly reduces the number of off-street parking spaces provided for;
         (g)   A change in the sequence of development;
         (h)   A change in the final governing agreement;
         (i)   A change in the provisions, easements or covenants;
         (j)   A change which affects the capacity of public facilities, service and utilities (new); or
         (k)   Any change which substantially affects the previous statements of facts and findings of the Planning and Zoning Board.
      (4)   In the event that the Planning and Zoning Board refuses to act upon a final plan proposal because it contains major changes, the Planning and Zoning Board shall so notify the landowner in writing within 30 days of the application for final approval, setting forth the reasons why one or more of the changes to the plan are major changes and ineligible for Planning and Zoning Board review. In such event, the landowner may refile his or her application for final approval without the major changes objected to by the Planning and Zoning Board at any time within which he or she shall be entitled to apply for final approval, or within 30 additional days if the time for applying for final approval has already passed when the Planning and Zoning Board advised the landowner that the major changes could not be considered. If the landowner fails to refile within such period, he or she shall be deemed to have refused to accept such requirements, and final approval shall be deemed to have been denied.
(Ord. 1999-2, Zoning § 22, subs. .240, passed 2-15-1999)