It is the purpose of this article to specify standards, data requirements and the review process which shall be followed in the preparation of site plans, plot plans, and special land uses as required by this chapter. A site plan contains comprehensive and detailed information about improvements proposed on the site and is required for special land use permits. Plot plans are less detailed plans pertaining to improvements proposed on the site and are required for less complex developments such as single-family and two-family dwellings.

(Ord. No. 202, art. 10, § 1, 11-6-2017)

(a)

Site plan approval is required by the planning commission, prior to the issuance of a zoning permit, unless required otherwise by this chapter, for the following uses:

(1)

All uses for which this chapter requires at least three or more off-street parking spaces.

(2)

All special land uses.

(b)

Prior to the issuance of a zoning permit, plot plan approval is required by the zoning administrator for all other uses not listed above. The commission shall review such plans in accordance with the same procedures, requirements and standards used by the municipality as specified in this article.

(Ord. No. 202, art. 10, § 2, 11-6-2017)

Site plans for uses that are permitted by right in all zoning districts are processed by administrative review and shall follow the requirements, except if the proposed site plan generates 500 or more trips ends as determined by proposed land use activity based on the most recent edition of the trip generation manual published by the Institute of Transportation Engineers. Under this exception the site plan shall be reviewed under section 42-255.

(1)

The administrative review committee shall consist of three members: the zoning administrator, chairman of the planning commission or their designee, and a planning commissioner. The planning commission shall also select a member to be an alternate to the administrative review committee. The alternate shall attend if the chairman or planning commission member cannot attend the review meeting.

(2)

The planning commission shall make these appointments to the administrative review committee at the same annual meeting where the planning commission elects its officers.

(Ord. No. 202, art. 10, § 3, 11-6-2017)

Prior to submitting an application or site plan for a land use permit, an applicant may choose to submit a sketch plan for review by the zoning administrator and/or the planning commission. The sketch plan may be superimposed on an air photo of the parcel or shall be a scaled drawing of the parcel showing the location of existing and proposed structures, parcel boundaries, all structures, natural features, all improvements, streets, sidewalks, easements and drainage systems. The review shall be informal and advisory only, and not constituting any form of approval or authorization of granting and type of permit. The review shall be done without cost to the applicant, but must be scheduled as an item of business on the commission's agenda if the sketch plan is to be reviewed by the commission.

(Ord. No. 202, art. 10, § 4, 11-6-2017)

The following data shall be submitted with applications for zoning and/or land use permits for uses requiring a plot plan: An accurate, readable, scale drawing showing the following shall be required except in the case of minor alterations, repair and demolitions as determined by the planning commission. The commission may establish and make available written guidelines as to the scale and level of detail needed for applications for various types of uses requiring a zoning permit or for information to be submitted to the board of zoning appeals in order to make a decision on an appeal or request for zoning ordinance interpretation or variance.

(1)

Name, address and telephone number of the applicants (and owners if different).

(2)

The location, shape, area and dimension of the lot.

(3)

The location, dimensions, height and bulk of the existing and/or proposed structures to be erected, altered or moved on the lot.

(4)

A description of proposed use of the buildings, land or structures.

(5)

The proposed number of sleeping rooms, dwelling units, occupants, employees, customers and other users.

(6)

The yard, open space, parking lot and space dimensions and number of spaces.

(7)

A vicinity sketch showing the location of the site in relation to the surrounding street system and adjacent land uses within 500 feet in every direction, including on the opposite side of any public street.

(8)

Location of any septic system or drain field and well.

(9)

Configuration of the driveway and parking.

(10)

Drains and site drainage patterns, and on-site stormwater management.

(11)

Existing public rights-of-way or easements.

(12)

All public utilities.

(13)

Any other information deemed necessary by the planning commission to determine and provide for the enforcement of this chapter.

(Ord. No. 202, art. 10, § 5, 11-6-2017)

Site plan review shall be undertaken by the planning commission in accordance with the following requirements and procedures.

(Ord. No. 202, art. 10, § 6, 11-6-2017)

Each site plan, as may be required by this chapter, shall be provided on a professional quality drawing of scale not less than one inch equals 50 feet. All information depicted shall be designed and sealed by an engineer, architect or landscape architect licensed in the state. In addition to the applicant's full name, address, phone number, cell phone number, and e-mail address, the following data shall be submitted with applications for zoning permits for uses requiring a site plan:

(1)

A survey showing property dimensions and legal description, including angles, lot area and dimensions and an arrow pointing north.

(2)

A project description, including the total number of structures, units, bedrooms, offices, square feet, total and usable floor area, carports or garages, employees by shift, amount of recreational and open space, type of recreation facilities to be provided and related information as pertinent or otherwise required by this chapter.

(3)

A plan showing the location of all buildings and structures existing and proposed on the site including building elevation drawings and all of the following listed items:

a.

All applicable general provisions referenced in article I of this chapter.

b.

The natural features such as woodlands, streams, floodplains, drains, ponds, topography (at two foot intervals on-site and within 150 feet of the site) and manmade features such as existing roads and structures, with indication as to which are to be retained and which removed or altered.

c.

The existing public rights-of-way, private easements, private places of record and deed restrictions.

d.

The proposed streets and alleys, including cross sections, acceleration, deceleration or right-turn lanes, driveways, parking spaces and sidewalks with indication of the direction of travel and the inside radii of all curves including driveway curb returns. The width of streets, driveways and sidewalks, the total number of parking spaces, the dimensions of a typical individual parking space and associated aisles. Proposed traffic control measures including signs and proposed street or road names shall also be indicated.

e.

A vicinity sketch showing the location of the site in relation to the surrounding street system and other land uses within 300 feet in every direction of the proposed use including land uses on the opposite side of any public street.

f.

The location of utilities, water supply and the location and design of wastewater systems as well as any easements that exist or are proposed to be established for installation, repair and maintenance of utilities.

g.

The proposed location of trash receptacles, accessory buildings and uses and signs.

h.

A landscaping plan indicating the locations of plant materials to be preserved and locations of proposed planting and screening, fencing and lighting in compliance with the requirements of this chapter. Also, the plan must include the proposed locations of common open spaces, if applicable.

i.

A storm drainage and stormwater management plan for all streets and impervious surfaces.

j.

The location and specifications for any existing or proposed above or below ground storage facilities for any chemicals, salts, flammable materials or hazardous materials as well as any containment structures or clear zones required by government authorities.

k.

The location of exterior drains, dry wells, catch basins, retention and/or detention areas, sumps and other facilities designed to collect, store or transport stormwater or wastewater. The point of discharge for all drains and pipes shall also be specified on the site plan.

l.

A statement from the applicant identifying all federal, state and local permits required, if any.

m.

Such other information and/or assessments as is necessary to enable the municipality to determine whether the proposed site plan will conform to the provisions of this chapter.

(Ord. No. 202, art. 10, § 7, 11-6-2017)

At least six copies of the application and site plan shall be submitted to the planning commission at least 20 days prior to the commission's regularly-scheduled meeting. Six copies shall be on 11-inch by 17-inch paper reduced from original drawing. In addition, all site plans and documents shall be submitted on a compact disk or memory stick in pdf format. The zoning administrator shall review the application and site plans for completeness and, if such application or plans are not complete, the plans shall be returned to the applicant with a written notice identifying the plans' inadequacies. Upon receipt of an adequately completed application and plans, the zoning administrator shall record the date of their receipt.

(Ord. No. 202, art. 10, § 8, 11-6-2017)

The planning commission shall review the application and plans and determine their conformity with the applicable provisions of this chapter. The commission may, at its discretion, delay deliberating upon a site plan at its next regularly-scheduled or special meeting unless the site plan and all supporting documents, including a zoning permit application form and escrow payment, have been received by the village at least seven business days prior to such meeting.

(Ord. No. 202, art. 10, § 9, 11-6-2017)

After conducting a review, the planning commission shall recommend to the board of trustees to reject, approve or conditionally approve the site plan as it pertains to requirements and standards contained in this chapter. Any conditions required by the commission for approval shall be stated in writing, together with the reasons, and delivered to the applicant. Decisions and recommendations by the commission shall be by the planning commission, unless an extension of time is necessary to adequately collect and review information pertinent to a decision or recommendation. A site plan shall be approved by the commission if it contains the information required by and is in compliance with this chapter, the conditions imposed pursuant to this chapter, other planning documents, other applicable codes and county, state and federal laws and statutes.

(Ord. No. 202, art. 10, § 10, 11-6-2017)

Three copies of the approved site plan, with any conditions contained required, shall be maintained as part of the planning commissions records for future review and enforcement. One copy shall be returned to the applicant. Each copy shall be signed and dated with the date of approval by the chairman and secretary of the planning commission. If any variances from this chapter have been obtained from the board of zoning appeals, the minutes concerning the variances, duly signed, shall also be filed with the commission's records as a part of the site plan and delivered to the applicant for information and direction.

(Ord. No. 202, art. 10, § 11, 11-6-2017)

Each site plan shall conform to the applicable provisions of this chapter and the following criteria in addition to any conditions imposed by the planning commission:

(1)

All elements of the site plan shall be harmoniously and efficiently organized in relation to topography, the size and type of lot, the character of adjoining property and the type and size of buildings. The site shall be so developed as not to impede the normal and orderly development or improvement of surrounding property for uses permitted in this chapter.

(2)

The landscape shall be preserved in its natural state, insofar as practical, by minimizing tree, other vegetative material and soil removal and by topographic modifications which result in maximum harmony with adjacent areas. Landscape elements shall minimize negative impacts and allow for the appropriate blending of the site plan with the surrounding community and, in the case of parking lots, provide directional guidance to drivers. Landscaping, buffering and screening shall conform to the requirements of this chapter.

(3)

Special attention shall be given to proper site drainage so that removal of stormwaters will not increase off-site sedimentation or otherwise adversely affect neighboring properties, Lake of the Woods and Mud Lake.

(4)

The site plan shall provide reasonable, visual and sound privacy for all dwelling units located therein. Special attention shall be given to ensure the peaceful surroundings of any nearby dwellings or other types of communities so as to lend continuity and that adequate natural light that may be currently enjoyed and continued to be enjoyed by the surrounding structures. Fences, walks, barriers and landscaping shall be used, as appropriate, for the protection and enhancement of property and for the privacy of its occupants.

(5)

All buildings or groups of buildings shall be so arranged as to permit emergency vehicle access by some practical means to all sides. This review shall be conducted by the fire department fire marshal.

(6)

Every structure or dwelling unit shall have access to a public street, private easement, private place, walkway or other area dedicated to common use.

(7)

A pedestrian circulation system shall be provided which is insulated as completely as reasonably possible from the vehicular circulation system.

(8)

Exterior lighting shall be designed and arranged so that it is deflected away from adjacent streets and adjoining properties. Flashing, twinkling or intermittent lights shall not be permitted.

(9)

The arrangement of public or common ways for vehicular and pedestrian circulation shall respect the pattern of existing or planned streets and pedestrian or bicycle pathways in the area. Streets and drives which are part of an existing or planned street pattern which serves adjacent development shall be of a width appropriate to the traffic volume they will carry and shall have a dedicated right-of-way according to the standards used by the village.

(10)

All roads dedicated to public use shall be developed in accordance with village specifications.

(11)

All parking areas shall be so designed to facilitate efficient and safe vehicular and pedestrian circulation, minimize congestion at ingress and egress points to intersecting roads, including the use of service drives as appropriate, and minimize the negative visual impact of such parking areas.

(12)

Residential and nonresidential development shall not include unnecessary curb cuts and commercial service drives shall be used where the opportunity exists.

(13)

The site plan shall provide for the appropriate location of all necessary and proposed utilities. Locational requirements shall include underground facilities to the greatest extent feasible.

(14)

Site plans shall conform to all applicable requirements of state and federal statutes (i.e., soil and sedimentation control, wetlands, etc.) and approval may be conditioned on the applicant receiving necessary state and federal permits before the site plan approval is granted.

(15)

The applicant shall demonstrate that reasonable precautions will be made to prevent hazardous materials from entering the environment including:

a.

Secondary containment for above ground areas where hazardous substances are stored or used shall be provided. Secondary containment shall be sufficient to store the substances for the maximum anticipated period of time necessary for the recovery of any released substances.

b.

State and federal agency requirements for storage, spill prevention, recordkeeping, emergency response, transport and disposal of hazardous substances shall be met. No discharges to groundwater, including direct and indirect discharges, shall be allowed without required permits and approvals.

(16)

Sites at which hazardous substances are stored, used or generated shall be designed to prevent spills and discharges to the air, surface of the ground, groundwater, lakes, streams, or wetlands.

(Ord. No. 202, art. 10, § 12, 11-6-2017)

Property which is the subject of site plan approval must be developed in strict compliance with the approved site plan and any amendments thereto which have received approval from the body which had approved the original site plan. If construction and development does not conform with such approved plans, the approval and associated permits shall be revoked. Upon revocation of such approval, all construction activities shall immediately cease upon the site, other than for the purpose of correcting the violation.

(Ord. No. 202, art. 10, § 13, 11-6-2017)

No changes shall be made to an approved site plan prior to or during construction except where the planning commission and applicant mutually agree according to the following procedures:

(1)

Minor changes. Minor changes to an approved site plan involving changes of less than five feet in the location of walkways, vehicular circulation ways and parking areas or exterior building and structure walls; adjustment of utilities; and similar minor changes as may be approved by the village.

(2)

Major changes. Major changes or amendments to an approved site plan involving changes in excess of five feet in the location of walkways, vehicular circulation ways and parking areas or exterior building and structure walls; the number and location of accesses to public streets and alleys; a reduction in the number of parking spaces; an increase in the gross floor area or heights of buildings; a reduction in the open space; and similar major changes, shall require the approval of the planning commission, or in the case of a planned unit development project, in the same manner as the original application was submitted, reviewed and approved and subject to the finding of all of the following:

a.

Such changes will not adversely affect the initial basis for granting approval;

b.

Such changes will not adversely affect the overall project in light of the intent and purpose of such development as set forth in this article; and

c.

Such changes shall not result in the reduction of open space area as required herein.

(Ord. No. 202, art. 10, § 14, 11-6-2017)

The zoning administrator shall review proposed changes to an approved plot plan in accordance with the same procedures, requirements and standards used by the planning commission. Changes to a plot plan which contain elements which require site plan approval shall require that the entire project be processed as a site plan according to the procedures of this article.

(Ord. No. 202, art. 10, § 15, 11-6-2017)

With regards to the site plan and plot plan approval decisions, an appeal may be taken to the circuit court.

(Ord. No. 202, art. 10, § 16, 11-6-2017)

If the planning commission or zoning board of appeals determines that the zoning fees will not cover the actual costs of the application review or appeal, or if the planning commission or zoning board of appeals determines that review of the application and/or participation in the review process or appeal by qualified professional planners, engineers, attorneys, or other professionals is necessary, then the applicant shall deposit with the village treasurer such additional zoning fees in an amount determined by the planning commission or zoning board of appeals equal to the estimated additional costs. The additional zoning fees shall be held in escrow in the applicant's name and shall be used solely to pay these additional costs. If the amount held in escrow becomes less than ten percent of the initial escrow deposit or less than ten percent of the latest additional escrow deposit and review of the application or decision on the appeal is not completed, then the planning commission or zoning board of appeals may require the applicant to deposit additional fees into escrow in an amount determined by the planning commission or zoning board of appeals to be equal to the estimated costs to complete the review or decide the appeal. Failure of the applicant to make any escrow deposit required under this section shall be deemed to make the application incomplete or the appeal procedurally defective thereby justifying the denial of the application or the dismissal of the appeal. Any unexpended funds held in escrow shall be returned to the applicant following final action on the application or the final decision on the appeal. Any actual costs incurred by the village in excess of the amount held in escrow shall be billed to the applicant and shall be paid by the applicant prior to the issuance of any permit or the release of a final decision on an appeal.

(Ord. No. 202, art. 10, § 17, 11-6-2017)

To ensure compliance with the site plan and this chapter and any conditions, limitations or requirements imposed, the zoning administrator or the planning commission shall require a performance guarantee pursuant to section 42-380.

(Ord. No. 202, art. 10, § 18, 11-6-2017)