Within six months following the approval of the preliminary development plan, the applicant shall initiate the second stage of the application process by filing with the Zoning, Planning and Appeals Commission a final development plan and final subdivision plat, unless the applicant chose not to seek preliminary development plan approval and initially presented a final development plan at the public hearing and thereafter the Zoning, Planning and Appeals Commission considered and recommended same as a final development plan with a final subdivision plat 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 Zoning Ordinance.
(A) Contents of the Final Development Plan. If a preliminary development plan received the approval of the President and Board of Trustees, no additional public hearing is required regarding 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 have been recommended by the Zoning, Planning and Appeals Commission and/or approved by the President and Board of Trustees. In addition, if approved by the President and Board of Trustees, the final development plan shall include the following:
(1) 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.
(2) 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.
(3) Declaration. Covenants, conditions and restrictions in a form acceptable to the Corporation Counsel guaranteeing maintenance of the common open space and 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 conditional 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 Village stormwater management regulations.
(B) 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 months.
(C) 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:
(1) A change in the use or character of the development;
(2) An increase by more than one percent (1%) in the overall land coverage of structures;
(3) An increase in floor area or, in the case of residential areas, an increase in density;
(4) An increase in the problems of traffic circulation and public utilities;
(5) A reduction of more than one percent (1%) in approved common open space;
(6) A reduction in off-street parking and loading spaces; or
(7) A reduction in required pavement widths.
(D) Commission Recommendation of Final Development Plan. Within 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, 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, the Zoning, Planning and Appeals Commission shall conduct another public hearing in order to review the proposed final development plan.
(Ord. 05-2539, passed 10-11-05)