The following steps are provided to assure the orderly review of every planned development application in a timely and equitable manner:
A. Prefiling Review And Transmittal Of Application:
1. Conference:
a. A prospective applicant, prior to submitting a formal application for a planned development, shall meet for a prefiling conference(s) with the zoning administrator and any other village official designated by the village administrator. The purpose of the conference(s) is to help the applicant understand the planned development process, comprehensive plan, the zoning title, the site development allowances, the standards by which the application will be evaluated, and the application requirements.
b. After the initial prefiling conference, the prospective applicant shall introduce their project to the village board of trustees. The village board may provide feedback to the applicant and shall refer the application to the village's economic development commission in accordance with the village's policy of economic development commission duties pertaining to development.
c. After reviewing the planned development process, the applicant may request a meeting with the village staff and the development review board to discuss a request for waiver of any application requirement which in the applicant's judgment should not apply to the proposed development. Such request shall be made in writing prior to the submission of the formal application documents.
d. All requests for waiver shall be reviewed and acted upon by the development review board. A final determination regarding the waiver shall be given to the prospective applicant within five working days following the completion of the development review board's deliberation and decision.
e. The applicant, prior to submitting a formal application for a planned development, may be required to schedule a meeting to discuss the proposed development and its impact on area residents. If such a meeting is required, the applicant shall send a written notice of the meeting to all property owners within five hundred feet of the proposed development. Such notice shall be mailed not less than fifteen days prior to the date of the meeting. A copy of the notice and mailing list shall be provided to the zoning administrator. A written summary of comments made at the meeting shall be maintained and submitted by the applicant with the application.
2. Development Review Board: The zoning administrator shall confer with the chairman of the development review board on all applications. Upon the determination of both the zoning administrator and the chairman, the development review board may conduct its own prefiling conference(s).
3. Filing Of Application: Following the completion of the prefiling conference(s), the applicant shall file an application for a planned development in accordance with section 10-19-6 of this chapter. The zoning administrator may deliver copies of the application to other appropriate village departments for review and comment.
4. Deficiencies: The zoning administrator shall determine whether the application is complete. If the zoning administrator determines that the application is not complete, he shall notify the applicant in writing of any deficiencies and shall take no further steps to process the application until the deficiencies are remedied.
5. Report On Compliance: A copy of the complete application and a written report incorporating the comments of village staff and other agencies regarding the compliance of the proposed development with the requirements and standards of this section shall be delivered to the development review board prior to the public hearing.
6. Determination Not Binding: Neither the zoning administrator's determination that an application is complete nor any comment made by the zoning administrator, staff or the development review board at a prefiling conference or as part of the review process shall be intended or construed as a formal or informal recommendation for the approval of a planned development permit for the proposed development, or component part thereof, nor shall be intended or construed as a binding decision of the village, the development review board or any staff member.
B. Review And Action By The Development Review Board:
1. Upon receiving the report from the zoning administrator, the development review board shall hold at least one public hearing on the proposed planned development. Notice of the public hearing shall be provided and the public hearing shall be conducted in accordance with the provisions of this section, state law and rules of procedure adopted by the development review board, which rules shall not be inconsistent with this section and state law.
2. Notice of the required public hearing shall be published by the village fifteen to thirty days before the scheduled hearing in a newspaper published in the village or if there is none, then in a newspaper of general circulation in the village and shall contain the following information:
a. The identification number designation of the application;
b. The date and time of the public hearing;
c. The location of the public hearing; and
d. The general location of the property, the legal description of the property and its street address, if applicable, and a short description of the proposed development and purpose of the public hearing.
3. Notice of the required public hearing shall also be provided by the village by posting a sign or signs on the property no less than fifteen days before the public hearing. The sign shall be weatherproof and contain the following information:
a. The date and time of the public hearing;
b. The location of the public hearing;
c. The general location of the property including street address, if applicable; and
d. A short description of the proposed development and purpose of the public hearing.
The removal or knocking down (by the village or others) of the sign after posting but before the hearing shall not invalidate, impair, or otherwise affect any planned development permit subsequently granted following such public hearing.
4. Notice of the public hearing and the application shall be posted to the village's website at least fifteen days before the public hearing.
The removal or unavailability of such notice on the village's website prior to the start of the public hearing, shall not invalidate, impair, or otherwise affect any planned development permit subsequently granted following such public hearing.
5. Notice of the required public hearing shall also be provided by the applicant by regular mail to the owners of record of the property which is the subject of the application (if different than the applicant), and the owners of all property within five hundred feet of the subject property as shown on the written list provided by the applicant pursuant to the requirements of 65 Illinois Compiled Statutes 5/11-13-7 of the Illinois municipal code (such notice should be sent to the owners as recorded in the office of the recorder of deeds or the registrar of zoning ordinances of Cook County and as they appear from the authentic tax records of Cook County, as shown on the list prepared by the applicant as required in 65 Illinois Compiled Statutes 5/11-13-7 of the Illinois municipal code). The applicant shall be required to submit to the village a search by a reputable zoning ordinance company or other evidence satisfactory to the village indicating the identity of all such owners required to receive notice, and an affidavit certifying that the applicant has complied with the requirements of 65 Illinois Compiled Statutes 5/11-13-7 of the Illinois municipal code. Such notice shall contain the information as is required in subsection B2 of this section and shall be mailed not more than thirty nor less than fifteen days prior to the date of the public hearing. The notice shall also include the name and address of the applicant for the planned development. The applicant shall provide the zoning administrator with proof of mailing of the mailed notice required herein before the public hearing starts.
6. The development review board shall review the application, the standards and requirements established by this section, the report of the zoning administrator, and any oral and written comments received by the development review board before or at the public hearing. Within forty five days following the close of the public hearing, the development review board shall make specific written findings addressing each of the standards set forth in section 10-19-3 of this chapter and transmit such findings, together with a recommendation of approval, approval with conditions, or disapproval to the board of trustees.
C. Review And Action By The Board Of Trustees:
1. The applicant shall, at its own cost, give advance written notice of the first meeting of the village board where the planned development application will be considered by regular mail to the owners of record of the property which is the subject of the application (if different from the applicant), and the owners of all property within five hundred feet of the subject property, not less than seven days prior to the date of the first village board meeting. This requirement is enacted to assure the most complete public notice possible for the proposed application for a planned development, it is not required by state law. Accordingly, any failure to comply with this subsection shall not invalidate, impair or otherwise affect any planned development permit subsequently granted following such meetings. The applicant shall provide the zoning administrator with proof of mailing of the mailed notice required herein, which proof shall be provided prior to the start of the first meeting of the village board where the planned development application will be considered.
2. Within seven to sixty days after receiving the receipt of the report and recommendation of the development review board, and without further public hearing, the board of trustees may deny the application, may refer the application to the development review board for further review, may postpone further consideration pending the submittal of additional information including any application requirement previously waived by the development review board or may adopt a zoning ordinance approving the planned development permit.
3. Any action taken by the board of trustees pursuant to subsection C2 of this section shall require the concurrence of a majority of all the trustees of the village then holding office, including the village president; however, if the planned development fails to receive the approval of the development review board, the ordinance shall not be approved except by a favorable majority vote of all trustees then holding office.
4. In approving a planned development permit, the board of trustees may attach such conditions to the approval as it deems necessary, or modify conditions imposed by the development review board, to have the proposed use or combination of uses meet the standards set forth in section 10-19-3 of this chapter and to prevent or minimize adverse effects on other property in the immediate vicinity. Such conditions may include, but are not limited to: limitations on size, bulk and location; requirements for landscaping, stormwater management, signage, outdoor lighting, provisions for adequate ingress and egress; hours of operation; and such other conditions as the village board may deem to be in furtherance of the objectives of this section. (Ord. 3587, 2-29-2016)