A. Application review. Upon receipt of a properly completed application for a final planned development plan, the Zoning Administrator shall review the application for compliance with all applicable requirements. Completed applications will be forwarded to the Village Council for its respective reviews and recommendations.
B. Hearings. The Village Council shall hold a public hearing in accordance with Chapter 17.56 of this Code. Notices of the public hearings shall be issued in the manner provided in Section 17.56.040 of Chapter 17.56.
C. Written protest.
1. Filing of protest. Any owner of property located within 250 feet of the subject property may file a written protest objecting to the planned development. The written protest shall be directed to the Village Council and shall be submitted on forms provided by the Village and shall be signed and acknowledged, in accordance with the definitions provided in Sections 17.04.030(A)(3.5) and 17.04.030(S)(4.5) of this title. The written protest shall be submitted no later than 5:00 p.m. on the date of the first meeting of the Village Council at which the final approval of the planned development application is on the agenda for consideration.
2. Effect of written protest. In the event 20% of the owners of property located within 250 feet of the subject property have submitted a written protest as provided in the foregoing paragraph 1. the final approval of a planned development by the Village Council shall require the favorable vote of four Trustees.
D. Village Council.
1. Village Council decision; vote required. By a majority of the Village Council, the Village Council, in the exercise of its discretion, shall grant approval of the application if the final plan for the planned development conforms substantially to the approved preliminary plan. Nothwithstanding the foregoing, if the requisite number of protests have been submitted in accordance with Section 17.56.050 or Chapter 17.56, the favorable vote of four Trustees shall be required for final approval of the planned development by the Village Council.
2. In the event that the Village Council determines that the final plan for the planned development does not conform substantially to the approved preliminary plan:
a. The applicant may modify its application for approval of the final plan for the planned development so that it substantially conforms to the approved preliminary plan;
b. The Village Council may deny the application; or
c. The Village Council may return the matter to the Planned Development Commission and/or the Design Review Board for further consideration, findings, and consideration of a recommendation to the Village Council that the application for approval of the final plan for the planned development is in conformity with the standards set forth in Section 17.58.110 of this Chapter and with any other applicable regulations of the zoning district in which the subject property is located, after which, the application shall be returned to the Village Council for a re-hearing in accordance with this Section 17.58.100 and a finding by the Village Council that the application for approval of the final plan for the planned development is in conformity with the standards set forth in Section 17.58.110.
E. Approval by ordinance. Final approval of any planned development shall be by an ordinance of the Village Council. The Village Council, in the exercise of its discretion, may accept, reject or modify any conditions or restrictions that the Planned Development Commission or Design Review Board may recommend. Such conditions shall be expressly set forth in the ordinance approving the planned development.
F. Recording of final plan required. The ordinance authorizing the planned development shall be effective only upon recording of the ordinance and final plat of subdivision, if applicable, with the Office of the Recorder of Deeds for Cook County. No building permits will be issued nor shall any other development shall take place until such recordings are made. All recording costs shall be paid by the applicant.
(MC-2-2019, Amended, 04/25/2019; MC-8-2005, Added, 12/20/2005; MC-9-2010, Amended, 01/4/2011)