A. Within six (6) months following the approval of the preliminary development plan, the applicant shall initiate the second stage of their application process by filing with the Zoning, Planning and Appeals Commission a final development plan and final subdivision plat, unless a final development plan has been presented at the public hearing and thereafter considered and a recommendation concerning same has been made to the President and Board of Trustees. In any event, the final development plan shall contain in final form all of the information required in the preliminary development plan, along with such other documents as may be necessary to implement the plan or to comply with all applicable requirements of this Chapter.
1. Contents of the Final Development Plan. The final development plan shall contain all of the materials included in the preliminary development plan together with revisions, if any, which may be recommended by the Zoning, Planning and Appeals Commission without an additional public hearing. In addition, if approved by the President and Board of Trustees, the final development plan shall include the following:
a. Phasing Program. A document describing any proposed phasing program of the development for all structures, recreational and other common facilities, and open space improvements, including time schedule for commencement and completion dates of construction of each phase. Intermediate phases shall not exceed overall project density and a pro rata allocation of common open space shall be made as each phase is developed.
b. Common Open Space Agreement. A copy of the formal agreement with a public agency or private association for the ownership and maintenance of the common open space is required.
c. Plats for Recording. A copy of the subdivision plat, plat of dedication, or plat of vacation that is a necessary part of the Planned Unit Development permit is required.
d. Covenant. Restrictive covenants in a form acceptable to the Village Attorney limiting development of and construction upon the tract as a whole to such development and construction as shall comply with the final development plan and the special use permit granted by the President and Board of Trustees, which document shall include but not be limited to provisions granting the Village a right to enforce same as well as its storm water management regulations.
2. Time Extension. Upon written request by the applicant, the Zoning, Planning and Appeals Commission, for good cause, may extend the period for filing the final development plan for a period not to exceed an additional six (6) months.
3. Permitted Minor Changes from a Preliminary Development Plan. Minor changes in the location, siting, and height of structures, streets, driveways, and open spaces may be authorized by the Zoning, Planning and Appeals Commission to be included in the final development plan in accord with the following procedure without additional public hearings, if such changes are required by engineering or other circumstances not foreseen at the time the preliminary development plan was approved. No change authorized by this subsection may cause any of the following:
a. A change in the use or character of the development;
b. An increase by more than one percent (1%) in the overall land coverage of structures;
c. An increase in floor area or, in the case of residential areas, an increase in density;
d. An increase in the problems of traffic circulation and public utilities;
e. A reduction of more than one (1%) percent in approved common open space;
f. A reduction in off-street parking and loading spaces; or
g. A reduction in required pavement widths.
B. Commission Recommendation of Final Development Plan. Within sixty (60) days after the proposed final development plan is filed, with all necessary documents, subdivision plats, and exhibits, the Zoning, Planning and Appeals Commission must recommend approval, approval with modification, or disapproval, and transmit its findings of fact and recommendation to the President and Board of Trustees. If the proposed final development plan does not include any changes from the approved preliminary development which exceed the criteria listed above in this Section 15.1609, the Zoning, Planning and Appeals Commission may review the proposed final development plan without conducting a public hearing. If the proposed final development plan includes changes from the approved preliminary development plan which exceed the criteria listed above in this Section 15.1609, the Zoning, Planning and Appeals Commission shall conduct a new public hearing in order to review the proposed final development plan.
(Ord. 397, passed 5-12-99; Am. Ord. 688, passed 5-17-2011)