The Planned Unit Development shall be developed only in accordance to the approved and recorded Final Development Plan with all the supporting documentation. The recorded Final Development Plan and the sub-sequential amendments, if any, shall be binding on the applicants, their successors, grantees and assignees which shall limit and control the use of the premises and location of structures in the Planned Unit Development as set forth therein. Changes to the recorded PUD may be made as follows:
(A) Major change. If major changes are proposed, a new public hearing is required during re-submission of the General or Final Development Plan. The Village Board of Trustees shall decide what constitutes a major change for each Planned Unit Development. All changes to the Final Development Plan shall be recorded with the County Recorder of Deeds as amendments to the Final Development Plan/Plat, or reflected in the recording of a new "corrected" Final Development Plan/Plat. The following constitutes a major change:
(1) A change which alters the concept or intent of the approved "General/Final Development Plans" for the Planned Unit Development;
(2) An increase in the gross residential density or intensity of land uses;
(3) An increase in the height of buildings;
(4) A reduction in the area set aside for common open space, park or school site, or in any case below that required for a minimum dedication;
(5) An increase in the bedroom count;
(6) Increase of the floor area for non-residential uses;
(7) An increase of the total ground area covered by buildings and structures;
(8) Changes in the road design standards below the minimum requirements of Chapter 158, Development Regulations; and
(9) Significant changes in the final governing agreements, being that of covenants, by-laws, provisions, etc. These changes shall be resubmitted and approved only under a new General/Final Development Plan with supporting data, wherein all changes therein or amendments thereto may be approved only by following the procedures for original approval.
(B) Minor changes. The Village Board of Trustees may approve minor changes to the Final Development Plan/Plat which do not change the concept or intent of the General Development Plan, without going through the General Development Plan approval procedures. Minor changes shall be any change not defined as a major change.
(C) Changes and/or amendments. No changes and/or amendments in the General or Final Development Plan/Plat approved hereunder shall be considered to waive any of the covenants or agreements limiting the use of land, buildings, structures and improvements within the Planned Unit Development unless specifically so stated.
(D) Development schedule. If the construction completion sequence set forth by the Final Development Plan is not followed at any phase in the construction of the Planned Unit Development, the Village Board of Trustees may direct the Building Inspector to refrain from issuing additional building or occupancy permits, except such as are necessary to conform to the construction completion sequence, until the development progress conforms to such required completion sequence.
(E) Additions. Land contiguous to an existing Planned Unit Development may be added to such Planned Unit Development provided such land is made a part of the original General Development Plan in all respects prior to its incorporation into such plan by an amendment of the Final Development Plan as provided in this section.
(F) Development fees. The requirements of § 159.178 of this code, which establish the fees for reviewing engineering designs and inspection construction of Planned Unit Development shall apply, as amended from time to time.
(Am. Ord. 06-0369, passed 2-1-06)