§ 154.037  PD PLANNED DEVELOPMENT DISTRICT.
   (A)   Intent and purpose.
      (1)   The purpose of the Planned Development District is to provide a means of achieving greater flexibility in development of land in a manner not always possible in conventional zoning districts; to encourage a more imaginative and innovative design of land development; and to promote a more desirable community environment.
      (2)   The Village Board, upon recommendation by the Plan Commission, may, by an ordinance adopted in the same manner as a rezoning is approved, authorize a Planned Development District when the proposed development or use of a specific tract of land or area warrants greater flexibility, control and density than is afforded under the general regulations of standard zoning districts. These planned development regulations are not intended to allow excessive densities, or the development of incompatible land uses, either within the development, or as the development relates to the general neighborhood. The Village Board may, upon proper application, approve a planned development to facilitate the use of flexible techniques of land development and site design, by providing relief from conventional zoning standards in order to achieve one or more of the following objectives:
         (a)   Site planning that better adapts to site conditions and its relation to surrounding properties that would not otherwise be possible or would be inhibited under the district regulations applicable to the property;
         (b)   Functional and beneficial uses of open space areas;
         (c)   Preservation of natural features of a development site;
         (d)   Creation of a safe and desirable living environment for residential areas characterized by a unified building and site development program;
         (e)   Rational and economical in relation to public utilities and services; and
         (f)   Efficient and effective traffic circulation, both within and adjacent to the development site.
   (B)   Relationship of Planned Development Districts to Zoning Map.
      (1)   A mapped district. The PD designation is not intended to be attached to existing zoning districts as an overlay. The PD designation, as detailed in this section, is a separate use district and may be attached to a parcel of land through the process of rezoning and zoning map amendment.
      (2)   Plan approval required. It is the intent of this chapter that no development or redevelopment of the property encompassed by the PD designation take place until an acceptable development plan has been reviewed and approved in conformance with the requirements of this section, §§ 154.190 through 154.193, and applicable sections of Chapter 153 of this code.
   (C)   Coordination with Chapter 153 of this code.
      (1)   When a planned development involves any subdivision activity, the subdivision review and approval procedure requirements contained in Chapter 153 of this code shall be carried out simultaneously with the review of a planned development under this section of this chapter. As applicable, reference is made to requirements in Chapter 153 of this code within this section. With regard to these references, Chapter 153 of this code may contain the term “plat”, which under the PD District requirements is intended to be synonymous with “plan” as appropriate.
      (2)   Since obtaining a PD District designation requires a map amendment (rezoning), the requirements and procedures of §§ 154.190 through 154.193, shall apply. As applicable, reference to §§ 154.190 through 154.193 is made within this section.
   (D)   Types of planned developments. An area approved for the PD designation shall be assigned one of the following district classifications which shall be considered a separate zoning district and subject to the specific restrictions and limitations outlined in this section.
      (1)   Planned Development - Residential (PD-R). Planned developments involving residential uses.
      (2)   Planned Development - Commercial (PD-C). Planned developments involving commercial uses.
      (3)   Planned Development - Industrial (PD-I). Planned developments involving industrial and limited commercial uses.
      (4)   Planned Development - Mixed Use (PD-MXD). Planned developments involving residential and limited commercial uses.
   (E)   Permitted uses.
      (1)   Planned Development - Residential (PD-R).
         (a)   Permitted uses shall be established in the conditions of the ordinance adopted by the Village Board governing the particular Planned Development - Residential District. Specific uses may include those uses designated as permitted or special uses in any of the dwelling districts.
         (b)   In addition to those uses included in division (E)(1)(a) above, the following uses may be designated as permitted uses and established as such in the ordinance governing the particular Planned Development - Residential District:
            1.   Patio dwellings; and
            2.   Zero lot line residential developments.
      (2)   Planned Development - Commercial (PD-C). Permitted uses shall be established in the conditions of the ordinance adopted by the Village Board governing the particular Planned Development - Commercial District. Specific uses may only include those uses designated as permitted or special uses in the business districts.
      (3)   Planned Development - Industrial/Commercial (PD-I). Permitted uses shall be established in the conditions of the ordinance adopted by the Village Board governing the particular Planned Development - Industrial District. Specific uses may only include those uses designated as permitted uses in the I-1 District, special uses in the I-1 District, and permitted or special uses in the business districts, which are specifically related to the particular development.
      (4)   Planned Development - Mixed Use (PD-MXD). Permitted uses shall be established in the conditions of the ordinances adopted by the Village Board governing the particular Planned Development - Mixed Use District. Specific uses may include those uses designated as permitted or special uses in any of the dwelling districts and permitted special uses in the B-1 Neighborhood Business District.
   (F)   Minimum planned development site size. The minimum site size for any of the Planned Development Districts shall be five acres. This minimum site size may be waived by the Village Board upon report by the Plan Commission; if it is determined that the use proposed is desirable or necessary in relationship to the surrounding neighborhood; or, if the Village Board should determine such waiver to be in the general public interest.
   (G)   Density and dimensional regulations and performance standards.
      (1)   General standards.
         (a)   The approval of the development plan may provide for such exceptions from the regulations associated with traditional zoning districts as may be necessary or desirable to achieve the objectives of the proposed planned development. No planned development shall be allowed which would result in:
            1.   Inadequate or unsafe vehicular access to the development;
            2.   Peak-hour traffic volumes exceeding the capacity of the adjoining or nearby streets. Capacity shall be based on a street providing “level of service D” as defined in the latest publication of Transportation and Traffic Engineers Handbook, Institute of Transportation Engineers;
            3.   An undue burden on public parks, recreation areas, schools, fire and police protection, and other public facilities which serve or are proposed to serve the planned development;
            4.   A failure to comply with the performance standards contained in § 154.062;
            5.   Other detrimental impacts on the surrounding area including, but not limited to, visual pollution.
         (b)   In addition to the above requirements, all planned developments shall be subject to the review criteria established in § 154.127(A). It shall be the responsibility of the applicant to clearly establish that the above requirements are met.
      (2)   Other codes. All requirements of other codes and ordinances of the village (such as, Building Code) shall be applicable.
      (3)   Planned Development - Residential (PD-R).
         (a)   Density. The density of residential development shall be consistent with the intent of the original underlying residential districts. While the district regulations specifies upper limits to residential density, density of a planned development may be limited to that which is established in the original residential district or which is consistent and compatible with nearby existing developed areas. Conversely, the density limits indicated in the district regulations may be exceeded on portions of the site within a PD-R District as long as the total site density limit is not exceeded. This is referred to as “density transfer”. Additionally, the total site density may be exceeded up to a limit, upon conclusion of the Plan Commission and the Village Board that the density bonus provisions contained in division (G)(3)(c) below have been satisfied. This is referred to as “density bonus”.
         (b)   Calculation of density.
            1.   The computation of density shall be based on dwelling units per net acre for the entire site.
            2.   To compute the number of dwelling units per net acre, 15% of the gross acreage of the parcel shall be deducted and the net acreage divided by the lowest minimum lot size of the underlying residential district. The following provides an example of density calculation for a 20 acre tract in the R-3 District:
 
20 acres x 43,560 square feet per acre = 871,200 square feet
871,200 square feet - (871,200 x 0.15) = 740,520 square feet
740,520/6,000 square feet minimum lot size = 123 dwelling units
 
            3.   In situations where a proposed PD-R District overlaps two or more dwelling districts, density shall be calculated separately for the portions of the PD-R District in each of the original residential districts.
         (c)   Density bonus. The Plan Commission may recommend and the Village Board may approve an increase in density within a PD-R District, up to a maximum of 20%, which shall be based on the precepts listed below. The density bonuses shall be treated as additives and not compounded.
 
Maximum Percentage Increase
Design Element
10%
A minimum of an additional 5% of the net development area devoted to common open space (above the minimum requirement) and improved with public pedestrian ways, bike paths, park land, swimming pools, tennis courts, community centers, club buildings, and the like.
5%
Creative site designs and building groupings, which take advantage of natural terrain and resolve existing on-site and off-site water runoff and erosion problems. The provision of storm drainage retention as a site amenity is encouraged.
Variations in building design are permissible.
5%
Creative use of landscape materials and the provision of more extensive landscaping than would otherwise be required under the landscaping requirements found elsewhere in this chapter.
If density bonuses (increases) are requested under this section, the applicant shall document all site amenities or improvements for the village’s review and consideration.
 
         (d)   Development phasing. If the sequence of construction of various portions of the development is to occur in stages, then the open space and/or recreational facilities shall be developed, or legally provided for on a final plat, in reasonable proportion to the number of dwelling units intended to be developed during any given stage of construction as approved on a final plat by the Village Board. Furthermore, at no time during the construction of the project shall the number of constructed dwelling units per acre of developed land exceed the overall density per net acre established by the approved PD-R District.
         (e)   Nonresidential uses in PD-R developments. Nonresidential uses are limited to those specifically listed in the dwelling zoning districts. Such nonresidential uses shall be subject to all requirements for lot area, width, height, yards, and setbacks prescribed in the district in which the proposed PD-R development is located.
         (f)   Common open space requirements.
            1.   Common open space shall comprise at least 15% of the gross area of the residential development or be of a size equivalent to one acre for each 100 persons of expected population of the development, whichever is greater. For purposes of this division (G)(3)(f)1., the expected population shall be determined by multiplying the total number of dwelling units times two and one-half persons per dwelling unit.
            2.   Common open space shall be used for recreational, park, or environmental amenity purposes for the collective enjoyment of the occupants of the development.
            3.   In addition to the above open space requirements, the following regulates the use of this common open space in terms of physical surface characteristics, size, location, and physical improvements therein.
               a.   Of the required common open space, up to one-half of it may be covered by water, floodplain, stormwater detention/retention facilities or left in a natural state.
               b.   The area of each parcel of open space shall not be less than 6,000 square feet in area nor less than 30 feet in its smallest dimension. In addition, at least 50% of the common open space shall be contiguous or connected via pedestrian/bicycle paths or sidewalks.
               c.   To the extent practicable, common open spaces should be distributed equitably throughout the development in relation to the dwelling units which such common open space is intended to serve. The open space shall not be isolated in one corner of a development, but shall be highly accessible (physically and/or visually) to the residents of the development.
            4.   Where common open space is to be provided in a subdivided residential development, the use, operation, and maintenance of areas for common open space, common ground, and common buildings shall be guaranteed by the establishment of a trust indenture providing for such by a subdivision association or trustees. Said indenture shall be approved by the Village Attorney prior to recording the indenture simultaneously with the recording of the final plat.
         (g)   Perimeter buffer requirements.
            1.   Where a PD-R development proposes residential development along the perimeter of the site, which is higher in density than that of an adjacent dwelling district, there shall be a minimum 30-foot wide buffer area. The buffer area shall be kept free of buildings or structures and shall be landscaped or protected by natural features so that all higher-density residential buildings are effectively screened from the abutting lower density residential property.
            2.   Where a PD-R development abuts a commercial or industrial use or district, there shall be a minimum 30-foot wide buffer area. This buffer area shall be permanent and landscaped and/or otherwise provided with screening (for example, sight proof fencing) so as to effectively screen the commercial or industrial use from the PD-R development.
      (4)   Planned Development - Commercial or Industrial (PD-C or PD-I).
         (a)   Site coverage. Total site coverage by uses permitted in the PD-C or PD-I Districts shall not exceed 70%, except as permitted in division (G)(4)(b) below.
         (b)   Site coverage bonus. The Plan Commission may recommend and the Village Board may approve an increase in maximum site coverage from 70% up to 80%. In order to qualify for this bonus, the development plan must demonstrate compliance with four or more of the following performance criteria:
            1.   Incorporate storm drainage retention facilities as a site amenity;
            2.   Install storm drainage detention facilities underground;
            3.   Increasing parking lot landscaping by 50% more than otherwise required;
            4.   Submitting for approval developments on tracts that are five or more acres in size;
            5.   Design of principal access to the development tract at an approved location that allows for shared access by an adjacent property;
            6.   Construction of separate grade pedestrian and bicycle paths;
            7.   Providing for screened loading areas;
            8.   Demonstration of a development using innovative architectural, site planning, and land use design and of such quality as to set an excellent example for subsequent development or redevelopment projects; and
            9.   Any other performance criteria that further the goals, objectives, and policies of the Comprehensive Plan and that, in the opinion of the Plan Commission and Village Board warrant the approval of development bonuses.
         (c)   Signage.
            1.   Signage shall be in compliance with §§ 154.090 through 154.098, unless the applicant for a PD-C or PD-I District designation elects to submit a comprehensive sign plan in addition to the submission of other required development plan documents. The Plan Commission may recommend, and the Village Board may approve, a comprehensive sign plan and such plan shall be made part of the ordinance approving the PD District. This chapter may contain conditions, requirements, or standards regarding signs that may be stipulated by the Village Board. Comprehensive sign plans approved under this section shall be evaluated based upon the following criteria.
               a.   Placement. All signs shall be placed where they are sufficiently visible and readable for their function. Factors to be considered shall include the purpose of the sign, its location relative to traffic movement and access points, site features, structures, and sign orientation relative to viewing distances and viewing angles.
               b.   Quantity. The number of signs that may be approved within any development shall be no greater than that required to provide project identification and entry signs, internal circulation, and directional information to destinations and development subareas and business identification. Factors to be considered shall include the size of the development, the number of development subareas, and the division or integration of sign functions.
               c.   Size. All signs shall be no larger than necessary for visibility and readability. Factors to be considered in determining appropriate size shall include topography, volume of traffic, speed of traffic, visibility range, proximity to adjacent uses, amount of sign copy, placement of display (location and height), lettering style, and the presence of distractive influences. In no event shall a plan contain a sign which exceeds by more than 50% either or both the maximum area standard and the maximum height standard contained in §§ 154.090 through 154.098, unless otherwise waived by the Village Board.
               d.   Materials. Sign materials shall be compatible with architectural and/or natural features of the project. This may be accomplished through similarity of materials for sign structures and faces, the use of complementary colors, similarity of architectural style, or the use of consistent lettering style and typography.
            2.   A request for approval for a comprehensive sign plan shall accompany the request for PD-C or PD-I zoning classification and shall include, but is not limited to, the following:
               a.   A site plan, depicting the proposed plan of development and illustration of proposed sign locations;
               b.   Descriptions and drawings indicating size, qualities, materials, and illumination; and
               c.   A narrative description of the common theme for signage within the development, how it relates to architectural and/or landscaping elements of the development, and how the comprehensive sign plan relates to each of the criteria set forth in this section.
         (d)   Perimeter buffer requirements. Where a PD-C or a PD-I development abuts a dwelling district; there shall be a minimum 50-foot buffer area between any nonresidential use and the adjacent dwelling district. This buffer area shall be landscaped in accordance with § 154.057.
         (e)   Minimum building setbacks. Building setbacks shall be in accordance with the approved site plan for a PD-C or PD-I development. Where a commercial or industrial use abuts a dwelling district, the minimum building setbacks established in the district regulations shall apply.
      (5)   Planned Development - Mixed Use.
         (a)   Density. Residential density shall not exceed eight dwelling units per net acre.
         (b)   Site coverage. Total site coverage by uses permitted in the PD-MXD District shall not exceed 70%, except as permitted to be exceeded in accordance with (G)(4)(b) above.
         (c)   Signage. See division (G)(4)(c) above.
         (d)   Perimeter buffer requirements.
            1.   When the residential portion of the development is along the perimeter of the site and is higher in density than that of an adjacent dwelling district, there shall be a minimum 30-foot wide buffer area. The buffer area shall be kept free of buildings or structures and shall be landscaped or protected by natural features so that all higher-density residential buildings are effectively screened from the abutting lower density residential property.
            2.   When commercial development abuts a dwelling district, there shall be a minimum 50-foot buffer area between the commercial use and the adjacent dwelling district. This buffer area shall be landscaped in accordance with § 154.057.
         (e)   Minimum building setbacks. Building setbacks shall be in accordance with the approved site plan for a PD-MXD. In no case shall a commercial or other nonresidential building be located closer than 25 feet from the property line of a lot located in a dwelling district.
   (H)   Other development regulations applicable to PD Districts.
      (1)   “Supplementary Regulations”, §§ 154.050 through 154.062;
      (2)   “Off-Street Parking and Loading Requirements”, §§ 154.075 through 154.079;
      (3)   “Signs”, §§ 154.090 through 154.098 (except as may be modified through a comprehensive sign plan; see division (G)(4)(c) above); and
      (4)   Chapter 153 of this code.
   (I)   Dedication and reservation of land. Whenever a planned development embraces all or any part of an arterial street, collector street, drainageway, or other public way which has been designated in the adopted comprehensive plan or other official plans of the village, sufficient land shall be dedicated or reserved on the development plan for said public improvements in a manner similar to that required of all subdivisions as specified in Chapter 153 of this code.
   (J)   Sketch plan.
      (1)   Sketch plan meeting.
         (a)   Prior to petitioning for a rezoning to one of the planned development districts, the prospective applicant shall schedule a pre-application meeting with the Enforcement Officer. The Enforcement Officer may request that other village department representatives attend this meeting. At this meeting, the prospective applicant shall provide general information on the proposed development, including site location, existing site conditions, and a sketch plan of the proposed planned development. The Enforcement Officer shall report to the applicant, the staffs evaluation of the sketch plan, with respect to its compliance with the intent of the planned development regulations, as soon as practical after the meeting.
         (b)   The sketch plan meeting is a required, but an informal procedure intended to benefit the prospective applicant, by allowing for an exchange of ideas, information, and to provide an opportunity to review the requirements of the PD District regulations with the prospective applicant. No formal approval from the Enforcement Officer or other village staff is required prior to proceeding with the preliminary development plan stage.
      (2)   Contents of sketch plan. The information that should be included with the sketch plan is itemized in Chapter 153 of this code. In addition to items listed in that section, the following information shall be included as well:
         (a)   Building outlines (footprints) of all structures, except one-family detached dwellings proposed on subdivided lots;
         (b)   Circulation plan, including circulation drives and parking areas;
         (c)   Conceptual landscaping plan, open space/common areas and buffer areas between the proposed development and adjacent properties.
   (K)   Pre-application meeting with Plan Commission.
      (1)   Prior to formal application of rezoning to a PD District, the applicant shall submit the sketch plan for review by the Plan Commission. The applicant shall submit ten copies of the sketch plan documents to the Enforcement Officer at least 20 days prior to the Plan Commission meeting at which the applicant wishes to have the plan reviewed;
      (2)   Within 30 days of the pre-application meeting held to review the sketch plan, the Plan Commission shall inform the prospective applicant that the sketch plan does or does not meet the intent of the PD regulations. Any action by the Plan Commission on the sketch plan does not constitute approval or endorsement of a proposed development; and
      (3)   Applicant attendance not mandatory.
   (L)   Preliminary development plan procedure.
      (1)   Preliminary development plan submittal requirements. The preliminary development plan submitted shall include the information required in Chapter 153 of this code. In addition to these submittal requirements, see division (K)(1) above for copies and submittal dates, and the following shall be submitted as applicable:
         (a)   Gross and net acreage of tract;
         (b)   Building outlines (footprints) of all structures, except one-family detached dwellings proposed on subdivided lots;
         (c)   Internal private circulation drives and parking areas, except driveways associated with one-family detached dwellings proposed on subdivided lots;
         (d)   Maximum number of dwelling units allowed per the original zoning district or districts;
         (e)   Number of dwelling units proposed and number of bedrooms, when parking requirements are based on bedroom count per dwelling unit;
         (f)   Number of off-street parking spaces required and proposed;
         (g)   The location, gross floor area of, and distance between buildings and structures. Floor area for nonresidential uses shall be identified by use type;
         (h)   The proposed location, size, landscaping, and general use of common ground, including recreational areas, plazas, and buffer areas. Landscaping information shall include location and approximate size (at time of planting) of all plant material by type (such as deciduous/coniferous trees, ornamental trees, shrub masses and ground cover including grassed areas, ivies, and the like). Landscaping within parking areas shall be included;
         (i)   The location and details of all retaining walls, fences, and earth berms;
         (j)   The location of all refuse collection facilities including screening to be provided;
         (k)   Illustrative site cross-sections (two minimum) indicating edge conditions and internal grade changes in relation to principal variations of building elevations and site-lines to adjacent properties/structures;
         (l)   Typical building elevations of sufficient scale and detail to illustrate building mass, exterior construction materials, and signage if applicable;
         (m)   Project report to include an explanation of the character of the proposed development, verification of the applicant’s ownership, or contractual interest in the subject site and proposed development schedule; and
         (n)   The applicant may be required to provide such additional clarification and/or detail of the site plan as determined by the Enforcement Officer or the Plan Commission.
      (2)   Preliminary development plan review procedure.
         (a)   The review procedure for a preliminary development plan shall be in accordance with the review procedure for a preliminary plat, specified under §§ 153.020 through 153.022. The Plan Commission may recommend approval, disapproval, or approval with amendments, conditions, or restrictions with respect to the preliminary development plan; and
         (b)   Applicant attendance mandatory.
   (M)   Public hearing on preliminary development plan and rezoning request. A public hearing on the rezoning request and the associated preliminary development plan shall take place before the Plan Commission in accordance with § 154.192(B).
   (N)   Village Board action on preliminary development plan and rezoning request.
      (1)   Village Board action on the rezoning request shall be subject to the provisions of § 154.192(C).
      (2)   If the preliminary development plan is approved by the Village Board, it shall adopt a resolution approving said preliminary development plan, with conditions as may be specified and authorizing the preparation of the final development plan.
      (3)   Simultaneously with the approval of the preliminary development plan, the Village Board shall adopt an ordinance rezoning the site to the appropriate PD District and said ordinance shall include, but not be limited to, the following:
         (a)   Legal description of the development site;
         (b)   The planned district zoning classification approved;
         (c)   Reference to the resolution approving the preliminary development plan and which authorizes preparation of the final development plan;
         (d)   A statement requiring approval of a final development plan and plat (if applicable), by the Village Board, prior to issuing building permits;
         (e)   PD-R developments: the number and type of dwelling units authorized, including number of bedrooms per dwelling unit by type, and the total square footage authorized for any nonresidential use permitted;
         (f)   PD-C and PD-I developments: the total square footage authorized for all commercial, office, and/or industrial uses;
         (g)   PD-MXD developments: the number and type of dwelling units authorized, including the number of bedrooms per dwelling unit by type, and the total square footage authorized for commercial uses or other nonresidential uses;
         (h)   Building and structure height limitations;
         (i)   Minimum building setback requirements;
         (j)   Off-street parking requirements (via reference to §§ 154.075 through 154.079);
         (k)   Reference to §§ 154.090 through 154.098, or reference to an approved comprehensive sign plan, as provided for in division (G)(4)(c) above; and
         (l)   Acreage and function of common open space.
   (O)   Effect of approval of preliminary development plan and period of validity.
      (1)   All conditions imposed as a part of any planned development shall run with the land and shall not lapse or be waived as a result of a subsequent change in ownership of any or all of said area.
      (2)   Approval of the preliminary development plan by the Village Board is merely an authorization to proceed with the preparation of the final development plan.
      (3)   Approval of the preliminary development plan shall be valid for a period of two years from the date of Village Board approval. If an application for final plan approval for all or a geographic portion of the preliminary plan has not been filed within the two-year period, then a resubmission of the preliminary development plan shall be required if the applicant intends to pursue final plan approval. The Village Board, upon recommendation from the Plan Commission, may grant up to a one-year extension, from the date that the period of validity expired. The Council may reject such resubmission of the same development plan in light of new facts and circumstances relating to the development plan.
      (4)   In no case shall a building permit be issued prior to final development plan approval.
      (5)   At such time the period of validity has expired, the resolution approving preliminary development plan shall become null and void. In the event that the development plan involved rezoning all or a portion of the property comprising the development, the Village Board may initiate proceedings to rezone the property to its original or other appropriate zoning district, in accordance with the procedures and requirements of §§ 154.190 through 154.193.
   (P)   Final development plan procedure.
      (1)   Final development plan submittal requirements. The final development plan shall include the required information described in Chapter 153 of this code, as applicable. In addition to these submittal requirements, the following shall be submitted:
         (a)   The information required for the preliminary development plan, except that it be in its final form; and
         (b)   The final landscape plan with specific location of all plant material, specifying size and species.
      (2)   Compliance with approved preliminary development plan. The final development plan shall be in substantial compliance with the approved preliminary development plan. Modifications and refinements, resulting from the final design process may be approved. In no event shall any modification of the development plan result in the following:
         (a)   A change in the use or character of the development;
         (b)   An increase in building or site coverage;
         (c)   An increase in the intensity of use (such as, number of dwelling units);
         (d)   An increase in vehicular traffic generation or significant changes in traffic access and circulation; and
         (e)   A reduction in approved open space or required buffer areas.
      (3)   Final development plan review and approval. The procedure for reviewing and approving the final development plan shall be in accordance with §§ 153.070 through 153.072.
   (Q)   Recording of final development plan. After the final development plan (and subdivision plat, if applicable), and other associated documents have been approved by the Village Board, the applicant shall record the final development plan in accordance with provisions of Chapter 153 of this code.
   (R)   Amendments to final development plan.
      (1)   Minor changes. Minor changes in the location, siting, and height of buildings and structures may be authorized by the Enforcement Officer if required by engineering or other circumstances not foreseen at the time the final plan was approved. No change authorized by this section shall cause any of the following:
         (a)   A change in the use or character of the development;
         (b)   An increase in building or site coverage;
         (c)   An increase in the intensity of use (such as, number of dwelling units);
         (d)   An increase in vehicular traffic generation or significant changes in traffic access and circulation;
         (e)   A reduction in approved open space or required buffer areas; or
         (f)   A change in the record plat.
      (2)   Plan amendments. All proposed changes in use, or rearrangement of lots, blocks, and building tracts, changes in the provision of common open spaces, and changes which would cause any of the situations listed under division (R)(1) above shall be subject to approval by the Village Board. In such event, the applicant shall file a revised development plan and be subject to the requirements of this section as if it were an entirely new application pursuant to the requirements of division (M) above.
   (S)   Failure to initiate construction after final development plan approval.
      (1)   Period of validity. No approval of a final development plan shall be valid for a period longer than two years from the date of approval unless within such period a building permit is obtained and construction of a development’s foundation is commenced.
      (2)   Extension. The Village Board may grant a one-year extension upon written request of the original applicant if the application submitted is substantially the same as the initially-approved application.
      (3)   Lapse in period of validity. At such time as the period of validity of an approved final development plan lapses, the final development plan and all uses, terms, and conditions thereof may be declared null and void and the Village Board may initiate proceedings to rezone the site to its original or other appropriate zoning district in accordance procedures and requirements of §§ 154.190 through 154.192.
(Ord. 834, passed 2-1-2001; Ord. 987, passed 2-6-2014)