CONTENTS

ARTICLE XI SITE PLAN REVIEW

11.1 INTENT

Site plan review is intended to ensure that developments are designed to integrate well with adjacent developments, minimize nuisance impacts on adjoining parcels, insure safe and functional traffic access and parking, and minimize impacts on sensitive environmental resources.

11.2 SITE PLANS REQUIRED; EXEMPTIONS

A. Site Plans Required. No building shall be erected or structurally altered, no change in use shall be permitted and no grading, or excavation shall be commenced on any lot until a site plan that meets all of the requirements of this Article has been approved by the Village Council. All requests shall be accompanied by ten (10) copies of a site plan complying with the requirements of this Article.

B. Exemptions. The Village Council may exempt the following from site plan review when it determines that the submission of a site plan would serve no useful purpose and the proposed use complies fully with ordinance requirements. A Land Use Permit as stated in Section 14.1.B still may be required for the following (see applicable section).

1. One and two-family dwellings except ones employing the Housing Cluster Option

2. Accessory structures.

3. Any enlargement of a principal building by less than 10 per cent of its existing gross floor area provided such enlargement will not result in a requirement for additional parking.

4. A change in principal use where such change would not result in an increase in impervious surface, additional off-street parking, access or other external site characteristics or a violation of this Ordinance.

5. Parks and playgrounds.

6. Home-based businesses.

11.3 SITE PLAN REVIEW

A. Procedure for all site plans.

1. Pre-application conference. Before submitting an application, an applicant may meet with the Zoning Administrator to review the proposed project.

2. Application. An applicant shall apply for site plan consideration not less than 21 calendar days before the date on which such site plan shall be reviewed by the Village Council. All site plans shall be submitted to the Zoning Administrator for review according to the standards and requirements of this Ordinance.

3. Official review. The Zoning Administrator shall circulate site plans to the agency officials for comments as to the proposed development's conformance to all applicable standards and requirements and whether approval of the site plan is recommended.

4. Approval; referral. Once the Zoning Administrator deems the site plan to be complete, the site plan shall be referred to the Village Council for review with a recommendation to approve, deny or modify the site plan. If modifications are recommended, the applicant shall be notified in advance of the Village Council meeting so that adjustments can be made prior to such meeting. A site plan shall be deemed approved only upon the signature of the Zoning Administrator.

5. Time limits. Twenty-one days are allowed for departmental review of all site plans. If, for any reason, the Zoning Administrator cannot process the plan within these time limits, he or she shall so notify the applicant and shall set a date for finalizing the review.

B. Village Council Review. Once a site plan is forwarded to the Village Council, the Council shall review the site plan according to the standards and requirements of this Article. The Village Council shall approve or deny the site plan (not the use) according to the standards and requirements of this Ordinance.

11.4 SITE PLAN REQUIREMENTS

A. Requirements. A site plan application shall be accompanied by a filing fee established by resolution of the Village Council. Site plans shall be sealed by a registered architect, engineer, or landscape architect and shall be drawn to scale, rendered on a minimum sheet size of 24 inches by 36 inches and shall include the following:

1. A legal description, property lines, lot lines and property dimensions;

2. The scale, north arrow, date and vicinity map;

3. The property owner's and applicant's name and address;

4. The preparer's name and address;

5. Street names, existing street and alley widths, the location and

width of utility easements the size and location of existing and proposed public utilities and building service lines;

6. The zoning classification of the site and surrounding properties and, where applicable, the zoning request;

7. Required setback lines, lot size, lot coverage and any variance to be requested;

8. The size and location of existing buildings and improvements on and adjacent to the subject parcel;

9. The existing building use and proposed building use, location, shape, building height, elevations, floor area and unit computations and dimensions and a description of all exterior building materials;

10. A land use tabulation summary provided in the margin of the plan indicating types of uses, acreage for each land use, number of units, densities and land use intensities;

11. The proposed number and location of parking spaces, maneuvering lanes, sidewalks, driveways and loading areas, and their dimensions and proposed points of access to the site from public streets and alleys;

12. The proposed location and dimensions of site drainage areas, walkways, landscaped areas, recreation areas, open space and buffer yards;

13. Natural features, such as unique topographic features, wetlands, 100-year flood plain elevations, creeks, springs and others, with an indication as to which are proposed to be maintained, altered or removed during site development; and any additional information if requested by the Zoning Administrator.

14. The following additional information if requested by the Zoning Administrator.

a. A report describing the soil types and the ability of soils to accommodate the proposed development;

b. A tree location survey signed by an engineer, surveyor or landscape architect, showing all existing trees having a diameter at breast height of six inches or greater, the common and/or scientific names and the diameter at breast height of these trees, plus an indication of trees to be preserved, to be transplanted, or to be removed during site development. Closely grouped trees shall be designated by the predominate species represented, the number present and the diameter at breast height range of the group or clump;

c. The existing and proposed topography at two (2) foot contour intervals.

B. Waiver. The Zoning Administrator may waive any or all site plan requirements if the construction or alteration does not affect existing traffic circulation, drainage, grading, relationship of buildings to each other, landscaping, buffering, lighting, parking and other considerations of site plan review. Any of these requirements may be waived by the Zoning Administrator where, in his or her judgment, such data will not bear on his or her decision or the decision of the Village Council.

C. Appeals. The property owner may appeal a decision of the Zoning Administrator to the Zoning Board of Appeals.

11.5 STANDARDS FOR GRANTING SITE PLAN APPROVAL

A. Standards for Granting Site Plan Approval. Before approving or disapproving a site plan, the Village Council shall review each application to determine that the proposed use meets the following general standards. The Council shall find that each proposed use on the proposed location:

1. Shall be designed, constructed, operated, and maintained to be

harmonious, compatible, and appropriate in appearance with the existing

or intended character of the general vicinity and that such use will not

change the essential character of the area or neighborhood in which it is proposed to be located.

2. Shall not be hazardous or disturbing to existing or future uses in the same

general vicinity and will be a substantial improvement to property in the

immediate vicinity and to the community as a whole.

3. Shall be adequately served by essential public facilities and services, such

as streets, police and fire protection, drainage improvements, refuse disposal, water and sewage services, and schools or that persons responsible for the establishment of the proposed use shall, in the opinion of the Village Council, provide adequate private services and facilities in lieu of public facilities and services.

4. Shall minimize traffic conflicts and maintain traffic capacity by employing sound access management principles.

5. Shall not create excessive additional public costs for facilities and services.

6. Shall not involve uses, activities, processes, materials, and equipment or

conditions of operation that will be detrimental to any persons, property, or the general welfare by emitting fumes, dust, glare, vibrations or odors.

7. Shall preserve, to the maximum extent possible, the natural resources of the site and area.

8. Shall be consistent with the specific standards and the intent and purposes

of this and other Village ordinances and the Village Master Plan.

9. Shall meet the standards and requirements of other governmental agencies and approval has already been obtained or is assured.

11.6 CONDITIONAL APPROVALS.

A. Attached Conditions. The Village Council may attach conditions to the approval of a site plan when such conditions:

1. Insure that public services and facilities affected by a proposed land use or activity are capable of accommodating increased service and service facility loads caused by the land use or activity,

2. Protect the natural environment and conserve natural resources and energy,

3. Insure compatibility with adjacent uses of land,

4. Promote the use of land in a socially and economically desirable manner, and

5. Are related to the valid exercise of the police power under this Ordinance and the purposes which are affected by the proposed use or activity.

B. Recording Conditions. The conditions and/or safeguards imposed, if any, on a site plan shall be recorded in the record of the approval action and shall remain unchanged except upon mutual consent of the Village Council and the landowner. The Village Council shall maintain a record of the conditions that have changed or been imposed.

11.7 SITE PLAN AMENDMENTS.

No change shall be made to an approved site plan prior to or during construction except upon application to the Zoning Administrator in accordance with the following procedures

A. Minor Change. A change to a site plan or site plan involving minor changes in the siting of buildings, the adjustment of utilities, walkways, traffic ways and parking areas and similar minor changes may be approved by the Zoning Administrator.

B. Major Change. A change or amendment involving a change in the number and location of accesses to public streets and alleys; an increase or decrease of over ten percent in gross floor area or in the number of parking spaces; a major relocation or re-siting of a building, a reduction in open space and similar major changes shall require the approval of the Village Council. A major change to a site plan before or during construction shall be approved by the Village Council.

11.8 SITE PLAN EXPIRATION AND REVOCATION

A. Expiration. An approved site plan shall expire if a zoning/building permit has not been issued within 12 months following the date of approval of the site plan. The Village Council may, upon written request by the applicant, waive or extend the period of time in which the site plan is to expire if the Village Council is satisfied that the applicant demonstrates a good faith effort to proceed with construction. In the event no such request is made in writing by the applicant within the initial 12-month approval period, the Zoning Administrator shall notify the applicant in writing of the expiration of said site plan. If a zoning/building permit has been obtained within the 12-month period following approval of the site plan, but work ceases or substantial progress is not made for any 12-month period thereafter, the site plan shall expire and the applicant shall be so notified in writing by the Zoning Administrator.

B. Revocation. The Village Council shall have the authority to revoke site plan approval at any time, following a hearing, if construction of the approved project is deemed by the Zoning Administrator not to be in conformance with the approved site plan. Upon discovery of a violation, the Zoning Administrator may issue a stop work order and a notice to the applicant to appear before the Village Council. Notice of the hearing date shall be provided to the applicant no less than 10 days prior to the date of the hearing.