Preliminary and Final Development Plans shall be reviewed and distributed according to the following procedures:
(A) Review for Completeness. The Zoning Administrator shall review the submitted application for completeness according to § 150.632. When the application is deemed complete and the application fee paid, the Zoning Administrator shall officially accept the application for consideration of the action(s) requested on the date such determination is made and place it on the Planning Commission’s agenda.
(B) Distribution of Plans. When the Zoning Administrator determines that the application for preliminary or final development plans is complete, the Zoning Administrator shall forward the application to the appropriate Village departments, the Village Engineer, appropriate government agencies, and professional consultants for review, report and recommendation. Any reports, comments, or expert opinions shall be returned to the Zoning Administrator.
(C) Transmission to the Planning Commission. For Preliminary and Final Development Plan Reviews, the Zoning Administrator shall distribute the application for development plan review, along with all applicable plans/data and any reports prepared by the individuals and agencies in subsection (B) above to the Planning Commission for the Commission’s review at their next regularly scheduled meeting.
(D) Action by the Planning Commission.
(2) Following its review, for a preliminary or final development plan, the Planning Commission shall:
(a) Approve the development plan as submitted; or
(b) Approve the plan subject to specific conditions not included in the plan as submitted, such as, but not limited to, improvements in the setback layout, open space arrangement, on-site control of access to streets, or such features as fences, walls and plantings to further protect and improve the proposed and surrounding developments; or
(c) Deny the development plan when the application does not demonstrate that the required standards have been met.
(E) As part of the development plan review, a suitable performance guarantee to ensure the implementation of site improvements may be required.
(F) For a preliminary or final development plan, the Planning Commission may also postpone action on the development plan, providing guidance to the applicant regarding alterations to the proposed development plan that may address the concerns expressed by the Planning Commission.
(G) The Village shall promptly furnish the applicant with its written report on the preliminary development plan or its decision on the final development plan.
(H) Failure of the Planning Commission to Act. Failure of the Planning Commission to act within ninety (90) days from the date the application was deemed complete, or an extended period as may be agreed upon, shall be deemed a denial of the application.
(I) Re-application after Denial. The Zoning Administrator shall accept a reapplication for the proposed development plan only when the reapplication addresses the reasons for the denial of the initial application. The reapplication shall comply with all the requirements of this Article, including payment of the required fee. If an application is denied as a result of § 150.660(H), the Zoning Administrator shall accept a reapplication for development plan review even if it has not been revised from the previous submittal.
(J) Issuance of Zoning Permit. If the final site plan is approved or approved with conditions, the Zoning Administrator shall issue a Zoning Permit pursuant to Article 150.63, Zoning Permit and Certificates of Zoning Compliance. However, the Zoning Permit shall not be issued until:
(1) When required by the Planning Commission, there shall be executed by the owner or applicant an agreement to construct required physical improvements located within the public rights-of-way or easements or connected to any public facility; and the applicant shall execute and deliver to the Village a performance guarantee approved by the Village Engineer in the amount of the estimated cost of the required physical improvements as determined by the Village Engineer. The agreement and the performance guarantee shall provide for completion of all work within a time specified by the Village Engineer or before occupancy is allowed in any structure, whichever shall occur first.
(2) The approval of the final development plan or the installation of improvements as required by this Zoning Code shall not obligate the Village to accept improvements for maintenance, repair, or operation. Acceptance shall be subject to local or state regulations where applicable, concerning the acceptance of each type of improvement.
(Ord. 2023-03, passed 2-27-2023)