(a) Applicant. The owner of an interest in land for which site design approval is sought, or the designated agent of the owner, shall file the application for site design approval with the Enforcement Officer.
(b) Issuance of Building Permits. The Planning Commission shall approve all site designs in accordance with the procedures and standards set forth herein before a building permit is issued.
(c) Occupancy Certificate. No occupancy certificate shall be issued until the site design as approved by the Planning Commission has been completed, including the installation of all landscaping materials. A temporary occupancy certificate may be issued as provided in Section 1242.04(d) before the site design has been completed.
(d) Application Forms and Documentation. The application for site design approval shall be made on such forms as shall be prescribed by the Planning Commission and provided by the Village Clerk, and shall be accompanied by the necessary fees and documents as provided herein.
(Ord. 106. Passed 12-9-81.)
(e) Submission to Village Clerk and Referral to Planning Commission. The application for site design approval shall be submitted to the Village Clerk who shall forward it to the Planning Commission at its next regularly scheduled meeting, provided such meeting takes place seven calendar days after the initial submission of the application to the Village Clerk.
(f) Date and Notification of Planning Commission Consideration. The Planning Commission shall set as a date for consideration of the site design, its next regularly scheduled meeting following the Commission's formal receipt of the application from the Village Clerk, provided such date provides adequate time to publish a notice in a newspaper of general circulation not less than five nor more than fifteen days before the application will be considered. The notice shall:
(1) Indicate the property which is the subject of the site design approval request.
(2) State when and where the application for site design approval will be considered.
(3) Indicate when and where written comments will be received concerning the application.
(g) Professional Reports. Before approving an application for site design approval, the Planning Commission may elect to obtain a report or reports from professional planners, landscape architects, architects, or engineers as to whether the site design meets all requirements and standards of this Zoning Code.
(h) Planning Commission Review and Determination. The Planning Commission shall review the application for site design approval, together with any professional reports thereon and the comments of all interested parties, and shall make the final determination on the application. Such determination shall be based solely on the requirements and standards of this Zoning Code. Approval, approval with conditions, or disapproval, shall be made by resolution setting forth the Planning Commission's findings regarding the pertinent requirements and standards.
If the site design is approved by the Planning Commission the applicant may then submit the written approval to the Zoning Enforcement Officer who will then sign and issue the building permit if all other building permit requirements have been met, and all required signatures have been obtained. If site design approval is denied, the Planning Commission may, by resolution, require that a revised site design be resubmitted for review and approval in accordance with the process outlined above. If, in the judgment of the Planning Commission, the site design can be approved if minor modifications are made, the Planning Commission may, by resolution, issue a conditional site design approval in writing and provide for resubmission of a revised site design to the Enforcement Officer who shall sign and issue the building permit upon determination that all appropriate site design modifications have been made in accordance with Planning Commission stipulations, and that all other building requirements have been met.
(i) Recording of Planning Commission Action. Each action taken with reference to site design review and approval shall be duly recorded in the minutes of the Planning Commission and the grounds for the action taken upon each site design submitted for review and approval shall also be recorded in the minutes and transmitted in writing to the applicant.
(j) Maintenance: of Site Design. It shall be the responsibility of the owner of a property for which site design approval is required to maintain his or her property in accordance with the approved site design on a continuing basis until the property is razed, or until a new site design approval has been obtained as a basis for modifying the site design. Any property owner who fails to so maintain an approved site design shall be deemed in violation of the use provisions of this Zoning Code and shall be subject to the same penalties appropriate to such a use violation
(Ord. 106. Passed 12-9-81; Ord. 106A-98. Passed 10-14-15.)
(k) Site Plan Approval Period and Revocation.
(1) Expiration of site plan. If construction has not commenced within eighteen months of final approval of the site plan, the site plan approval becomes null and void and a new application for site plan review shall be required.
(2) Revocation of site plan approval. Approval of a site plan may be revoked by the Village Planning Commission if construction is not in conformance with the approved plans. In such a case, the Village Clerk shall place the site plan on the agenda of the Planning Commission for consideration and give written notice to the applicant at least ten days prior to the meeting. The applicant shall be given the opportunity to present information to the Planning Commission and answer questions. The Village Planning Commission may revoke the approval of the site plan if it finds that a violation exists and has not been remedied prior to the hearing.
(Ord. 106A-31. Passed 3-19-01.)