(a) Submission of Application for Preliminary Plan.
(1) Before filing an application for rezoning to a Planned Commercial District, the applicant shall meet with village staff in a pre-application review meeting to discuss the requirements for a Preliminary Plan and Development Standards Text which are required as part of the rezoning request.
(2) The applicant shall submit the rezoning application along with the required number of copies of the proposed Preliminary Plan and Development Standards Text in accordance with the submission schedule established by the Village Council. In order to defray the cost of examination of the rezoning application and the Plan and Text and review by the Village Council, the applicant shall pay a fee in accordance with the fee schedule adopted and approved by Village Council. Staff shall circulate the Preliminary Plan and other comments to appropriate departments in the village for review and comment.
(3) Once the applicant has submitted a completed application in accordance with the submission schedule. Staff shall submit the application to the Village Council for its review and action, which shall be accomplished within a reasonable time. It shall be the duty of Village Council to review the Plan and determine whether it complies with the regulations of this chapter.
(4) A Preliminary Plan shall be valid for three years after Village Council approval. Construction of any phase of the development must begin within this period or a new Preliminary Plan is required.
(b) Submission of Development Plan.
(1) Before filing for Development Plan Approval, the applicant shall meet with the village administration to review the Development Plan relative to the previously approved Preliminary Plan and Development Standards Text as well as procedures for approval.
(2) The applicant shall submit an application to the village including the required number of copies of the proposed Development Plan. Development Standards Text modification if appropriate, and any other required information in accordance with the submission schedule of the Village Council. In order to defray the cost of examination of the materials and review by the Village Council, the applicant shall pay a fee in accordance with the fee schedule adopted and approved by Village Council.
(3) It shall be the duty of the Village Council to review the plan and determine whether it complies with the regulations of this chapter. Such determination shall be made within a reasonable time. If the Village Council finds that the Development Plan complies in all respects with the regulations of this chapter and the previously approved Preliminary Plan and Development Standards Text, the Village Council shall approve the plan. With the approval of the Village Council, minor modifications of the approved Preliminary Plan may be made. Such modification shall not increase the overall density of the site or change the essential character of the approved plan. If the Village Council determines that such proposed changes significantly alter the approval plan, it is considered to be a major change and the plan must be resubmitted to Village Council for approval.
(4) In the event that the Village Council does not approve the plan, each applicant shall be notified in writing of the reason for disapproval or modification along with the decision of the Village Council.
(c) Conformance with the Development Plan. Development shall be in conformance with the Development Plan and construction of site improvements must be commenced within two years of Village Council approval: otherwise no development of the land shall take place until a new Development Plan is approved pursuant to this section.
(d) Modification of the Development Plan. With the approval of the Village Council, minor modifications of the approved Development Plan may be made. Such modification shall not increase the overall density of the site or change the essential character of the approved plan. If the Village Council determines that such proposed changes significantly alter the approved plan, it is considered to be a major change and the plan must be resubmitted to Village Council for approval. Development of land shall not proceed before final approval of the Development Plan. Any development undertaken without such final approval is in violation of this zoning ordinance and an abatable nuisance.
(e) Variances from Development Standards. The Village Council may approve variances from the Development Standards of this chapter as part of the Development Standards Text and Development Plan. These variances shall be consistent with the intent of this zoning district.
(Ord. 1-2007, passed 6-11-2007)