Site plan approval is required to promote orderly development and redevelopment in the village and to ensure that such development is in harmony with surrounding properties and consistent with the general welfare and the policies in the comprehensive plan. The procedures set forth in this chapter are used for determining whether new development or redevelopment is in compliance with the standards of the village's zoning ordinance. This chapter provides standards by which submission and approval of site plans, for access control, lighting, signage and landscaping of a lot or parcel of land in order to achieve the following purposes:

   A.   Compatibility of land uses, buildings and structures;

   B.   Protection and enhancement of property values;

   C.   Efficient use of land;

   D.   Minimization of traffic, safety and overcrowding; and

   E.   Minimization of environmental problems. (Ord. O-44-02, 8-12-2002)

   A.   Site plan approval shall be required for any nonresidential and multi-family development, prior to the issuance of a building permit for the following development situations:

      1.   Any new principal structures;

      2.   An existing principal structure is proposed to be expanded more than twenty five percent (25%) of the gross area of the existing structure;

      3.   Any new or modified building and/or site improvements for a zoning lot which has previously received site plan approval under this chapter. Reapproval of the plan is required for components of the plan which depart from the approved site plan. The extent of required documentation of any proposed changes to be incorporated in the submittal for reapproval shall be determined by the director of public health and safety;

      4.   Any new or modified off street parking or loading area improvements;

      5.   A site plan shall not be required solely because of a change in the use except where such change of use results in increased off street parking requirements that cannot currently be met on the site;

      6.   In accordance with section 9-2-4 of this title, no building or structure which has been damaged by fire, explosion, act of God or the public enemy, to the extent of more than fifty percent (50%) of its value, shall be restored except in conformity with the regulations of the district in which it is located;

      7.   Addition of a residential dwelling unit to an existing commercial structure (where allowed) involving the addition of all or part of an additional vertical story.

   B.   Upon recommendations by the Planning and Zoning Commission, site plans may be approved by the Village Council in accordance with the procedural provisions of this chapter. Any application for site plan approval which is accompanied by an application for a variance, conditional use, or zoning map amendment shall not be acted upon by the village council until after a public hearing and recommendation before the Planning and Zoning Commission, to the Village Council. (Ord. O-44-02, 8-12-2002; amd. Ord. O-24-05, 6-13-2005; Ord. O-27-19, 8-26-2019; Ord. O-20-22, 5-9-2022)

An application for site plan approval may be made by the owner or owner's representative intending to request a building permit under the requirements of this chapter. (Ord. O-44-02, 8-12-2002)

The owner of the property or a duly authorized representative of the owner shall file an application for site plan approval with the director of public health and safety, on a completed application form, to be provided by the village. It shall be accompanied by a nonrefundable application fee as established from time to time by the village council. The owner shall provide the following information with the application: (Ord. O-44-02, 8-12-2002; amd. Ord. O-24-05, 6-13-2005)

   A.   Name, address and telephone number of the applicant including the name and address of each person or entity owning an interest in the property and the extent of such ownership interest unless any of such entities is a corporation or a partnership, in which case only those persons owning an interest in excess of ten percent (10%) in such corporation or partnership need to be identified by name, address and extent of interest. For purposes of this section, the term "ownership interest" shall include any legal or equitable interest held at the time of application in the real property which is the subject of the application. The application shall include the notarized signatures of the owner(s).

   B.   A site plan in accordance with section 9-7-5 of this chapter. All documents and information submitted as part of an application for site plan approval constitute a statement by the applicant that he intends and agrees to be bound to develop in accordance with such information upon approval. (Ord. O-44-02, 8-12-2002)

Site plans shall include the following information:

   A.   Completed application form provided by the village.

   B.   Each application shall include twenty five (25) copies of all full sized documents and drawings. For all graphic and plan drawings, a scale of not less than one inch equals one hundred feet (1" = 100') shall be used. Individual sheets or drawings may not exceed thirty inches by thirty six inches (30" x 36"). In addition, one set of reduced copies sized at eleven inches by seventeen inches (11" x 17") shall be submitted. All sets of drawings submitted shall be folded.

   C.   The names and addresses of persons and/or firm responsible for preparing the plan.

   D.   A site plan drawing including the following:

      1.   Date of preparation of original drawings and any revisions, north point and scale;

      2.   The dimensions of all lot and property lines, showing the relationship of the subject property to abutting properties and buildings within one hundred feet (100');

      3.   Legal description of the parcel;

      4.   Existing and proposed topography with contours at two foot (2') intervals;

      5.   Existing and proposed easements;

      6.   The location of existing and/or proposed fire hydrants;

      7.   For a site which includes existing structures or improvements, an indication of those improvements that are to remain and those which will be removed;

      8.   Underground storage tanks, if any;

      9.   General alignment and lengths of all streets and all property lines;

      10.   All building restriction lines, highway setback lines, easements, covenants, reservations and rights of way;

      11.   Streets, alleys, easements and utilities, including street lighting and underground conduits for street lighting;

      12.   Driveways, entrances, exits, parking areas and sidewalks;

      13.   Calculations of the following, as applicable:

         a.   Total lot acreage;

         b.   Number of dwelling units or square footage of nonresidential uses;

         c.   Number of parking spaces;

         d.   Number of handicapped accessible parking spaces;

         e.   Number of loading spaces; and

         f.   Total lot coverage.

      14.   A lighting and photometric plan indicating all exterior building mounted and freestanding lights and structures including overall height, type of lamp, luminaries;

      15.   Preliminary exterior building elevations of all proposed structures and exterior elevations of existing buildings when existing buildings are proposed to be structurally altered. Elevations shall indicate the materials to be used in the design of the structure and the proposed color scheme;

      16.   Elevations of proposed signs as well as the materials and colors intended for the sign. Typical elevations shall be provided for wall mounted signs including renderings of all sign faces; views of supporting members, poles, bases and pedestals; side views which indicate both signage depth and projections; method of illumination, materials indications, and dimensions of all sign elements;

      17.   Supplementary explanation of the specific type(s) of activities proposed on the site. Such information shall include, but is not limited to:

         a.   Estimated number of employees, resident shoppers, residents, etc.;

         b.   Hours of operation;

         c.   Any changes anticipated in terms of dust, odor, smoke, fumes, noise, light, etc.;

         d.   Modifications to vegetative cover, drainage patterns, earthwork, problem areas;

         e.   Any ancillary improvements that the applicant proposed to remedy or prevent problems created by the development; and

         f.   Draft version of any covenants and design guidelines, if applicable.

   E.   Landscaping Plan: A landscape plan shall be required for all developments requiring site plan approval, except for permitted uses in the DBD downtown business district. Such landscape plan shall conform with the requirements specified in this subsection; provided, however, that such requirements may be modified on a case by case basis as part of the site plan approval process by the Planning and Zoning Commission and village council after considering site conditions and special circumstances.

      1.   Entryways And Building Perimeter Landscaping: Entryways and the perimeter within the development shall be landscaped. The scale and nature of landscaping materials shall be appropriate to the size of the structures. Large scale buildings, for example, should generally be complemented by larger scaled plants. Plant material shall be selected for its form, texture, color, pattern of growth and adaptability to local conditions.

      2.   Site Perimeter Landscaping: Shade trees shall be provided around the perimeter of the site. Tree spacing along the front lot line shall be at a rate of the greater of one tree or one tree for every forty (40) linear feet within a minimum five feet (5') wide planting area; and spacing along each of the side lot lines and the rear lot line combined shall be at a rate of one tree for every seventy five (75) linear feet within a minimum three foot (3') planting area. The required number of trees based on the length of the side and rear property lines may be grouped anywhere on the perimeter where space is available subject to the review and approval as part of the site plan approval process. Approved driveways and other features approved by the Planning and Zoning Commission and the Village Council that interfere with required landscaping may be excluded when calculating the linear footage of any lot line.

      3.   Parking Lot Landscaping: For proposed off street parking areas, the following landscape requirements are intended to screen parking areas from adjoining use areas and prevent the creation of large expanses of unlandscaped parking surfaces. The approval of any such alternative groupings of landscaping shall be subject to discretionary approval as part of the site plan approval process by the plan Planning and Zoning Commission and the Village Council. The requirements are established for two (2) areas, the parking lot landscape islands and the parking lot perimeter:

         a.   Parking Lot Landscape Islands:

            (1)   Parking lot landscape islands are encouraged in parking lots greater than twenty (20) spaces in size at the end of each parking row, and one every twenty (20) spaces when rows have forty (40) or more parking spaces.

            (2)   When provided, parking lot landscape islands shall be the same size as a parking space and planted with one shade tree and shall be provided with suitable ground cover.

            (3)   No landscaping within the landscape islands may obstruct visibility for vehicles entering, maneuvering in or exiting the parking area.

         b.   Perimeter Parking Lot Landscaping:

            (1)   A perimeter parking lot landscape area shall be at least three feet (3') wide and extending the full length of the landscaped area.

            (2)   Landscaped areas outside of shrub masses shall be planted with grass or other ground cover.

         c.   Across From Or Adjoining Nonresidential Property: Where a parking lot is located across a dedicated public right of way from or adjoins property zoned for a nonresidential use, or designated for nonresidential use in the comprehensive plan, landscaping shall be provided across fifty percent (50%) of the street frontage to a minimum of three feet (3') in height at maturity. Such landscaping may consist of shrubbery, decorative masonry walls or decorative fencing (excluding wood and chainlink).

         d.   Across From Residential Property: Where a parking lot is located across a dedicated public right of way from property zoned for a residential district, or designated for a residential use in the comprehensive plan, landscaping shall be provided across one hundred percent (100%) of the parking lot perimeter facing the public street (except for intersecting drives, signs and other obstructions to landscaping) to a minimum of three feet (3') in height at maturity. Such landscaping may consist of shrubbery, decorative masonry walls or decorative fencing (excluding wood and chainlink).

      4.   Contents Of Landscape Plan: All landscape plans submitted for approval shall contain or have attached thereto the following information:

         a.   The location, quantity, size and name, both botanical and common names, of all proposed planting materials;

         b.   Proposed grading of any berms at one foot (1') intervals;

         c.   Specifications of the type and boundaries of all proposed ground cover;

         d.   Elevations of all fences proposed for location on the site;

         e.   Elevations, cross sections and other details as determined by the director of public health and safety.

   F.   Additional Information: Other information that may reasonably be required by the director of public health and safety, Planning and Zoning Commission or village council to adequately assess the proposal which may include:

      1.   A traffic study examining the impacts of development, as well as any new roads/intersections on current and projected traffic flow and level of service;

      2.   A report examining the estimated impacts of the proposed development on the school district or a letter from the school district outlining its estimates of the impacts of the proposed development;

      3.   Estimated impacts on and capabilities of emergency services including, but not limited to, fire, police and emergency medical services, and their respective response time;

      4.   An examination of the impacts of the proposed development on available recreational facilities in the village, as well as any proposed mitigation measures. (Ord. O-44-02, 8-12-2002; amd Ord. O-24-05, 6-13-2005; Ord. O-71-09, 12-14-2009; Ord. O-20-22, 5-9-2022)

   A.   Preapplication Meeting: Prior to submission of an application for site plan approval, the applicant may schedule a preapplication meeting with the director of public health and safety. The purpose of this meeting is to minimize development planning costs, avoid misunderstanding or misinterpretation, and ensure compliance with the requirements of the zoning and subdivision ordinances.

   B.   Applications: Applications shall be filed with the director of public health and safety or his designee in conformance with the regulations set forth in this chapter.

   C.   Supplemental Data: Whenever supplemental data in connection with a previously filed application is required by the village or offered by the applicant, it shall be submitted at least fifteen (15) days prior to the date on which it is to be considered or acted upon in connection with such application. The filing of such data shall, in the discretion of the director of public health and safety and of the body hearing the application, be cause to delay a requested or scheduled hearing or decision date.

   D.   Professional Fees: Every application must be accompanied by a fee in such an amount as established from time to time by the village council to defray the costs of contracting with independent professional to review applications as required. Such professional costs may include, but are not limited to, the cost of newspaper publication, planning, engineering, legal, traffic analyses, environmental impact or other similar studies. Additional services may be required during the review of a proposed site plan, if deemed necessary by the village administrator or village council, and at the expense of the applicant.

   E.   Special Requests: In addition to the minimum data and information required by this chapter, every applicant shall submit such other additional data, information or documentation as the director of public health and safety or any body before which its application is pending may deem necessary or appropriate to achieve a full and proper consideration of that application.

   F.   Notice: The applicant shall provide a written affidavit in which the applicant: 1) lists the names and addresses of the owners of record and occupants of each parcel of property immediately adjoining the subject property, excluding public streets and rights of way; and 2) states under oath that the list is true and correct to the best of the applicant's knowledge and belief. One original of a notice is to be mailed to the director of public health and safety and copies to such property owners, said notice to be in the form set forth below:

Planning and Zoning Commission Recommendation: Within sixty (60) days of the date the site plan first appears on the agenda of the Planning and Zoning Commission for action, the Planning and Zoning Commission may vote to recommend approval or denial of the site by a majority of those Zoning and Planning Commissioners present and voting. If the Planning and Zoning Commission fails to vote within ninety (90) days after the item has first appeared on the Planning and Zoning Commission agenda, the Planning and Zoning Commission shall be deemed to have recommended denial, unless such date is extended as mutually agreed upon by the applicant and the Zoning and Plan Commission. Any decision by the Planning and Zoning Commission shall be provided to the Village Council in written form detailing its findings based on the review of the site plan standards. (Ord. O-44-02, 8-12-2002; amd. Ord. O-20-22, 5-9-2022)

Upon recommendation of the Planning and Zoning Commission, the Village Council may take the following actions:

   A.   Village Council Action To Approve: Upon recommendation of the Planning and Zoning Commission, if the Village Council determines that the site plan meets all the requirements of this chapter, the Village Council shall approve the application by the adoption of an ordinance authorizing such site plan. A copy of the ordinance approving the site plan shall be sent regular mail to the applicant and property owner.

   B.   Village Council Action To Disapprove: If the site plan does not meet all the requirements of this section, the village's zoning ordinance, subdivision ordinance or other applicable village ordinances and special items raised during the review of the application, the village council may deny the application and record the reasons for denial.

   C.   Conditional Approval: If minor corrections to the site plan are necessary for it to meet the standards set for village council approval, and such minor corrections can be clearly noted, then the village council may so note such conditions and shall approve the application by the adoption of an ordinance authorizing such site plan and record such approval. A copy of the ordinance approving the site plan shall be sent regular mail to the applicant and property owner.

   D.   Table Approval: If the site plan is found to be in violation of the requirements of this chapter, or incomplete with respect to necessary information, the village council may table action on the site plan until compliance is shown or required additional information is provided. (Ord. O-44-02, 8-12-2002; amd. Ord. O-20-22, 5-9-2022)

In reviewing and determining whether to approve or disapprove a site plan, the Planning and Zoning Commission and Village Council shall consider the following criteria listed below, as appropriate:

   A.   The application shall comply with the provisions of this chapter and other ordinances of the village.

   B.   The plan shall be in reasonable conformity with the comprehensive plan.

   C.   Reasonable provision shall be made to ensure that development will be served by essential public facilities and services such as highways, streets, parking spaces, police and fire protection, drainage structures, refuse disposal, water and sewers or septic and schools.

   D.   Any building or structure shall be reasonably accessible to fire, police, emergency and service vehicles. When deemed necessary for access, emergency vehicle easements shall be provided. The access for fire, police and emergency vehicles shall be unobstructed at all times.

   E.   Adequate provision shall be made to ensure the compatibility of the proposed development, including mass, scale, site layout and site design with the character of the surrounding property and the neighborhood.

   F.   Open space provided is configured to make that open space usable, functional, and appropriate to the development proposed.

   G.   Streets and sidewalks shall, insofar as reasonably practicable, provide access and good traffic circulation to and from adjacent lands, existing streets and sidewalks.

   H.   Provision shall be made to ensure that adequate access roads or entrance or exit drives will be provided and will be designed and improved so as to prevent traffic hazards or problems and to minimize traffic congestion in public streets.

   I.   Adequate provision shall be made to ensure that the vehicular circulation elements of the proposed development will not create hazards to the safety of vehicular or pedestrian traffic on or off the site, disjointed vehicular or pedestrian circulation paths on or off the site, or undue interference and inconvenience to vehicular and pedestrian travel.

   J.   Adequate water mains and fire hydrants shall be provided in accessible places in accordance with good firefighting and fire prevention practice.

   K.   Adequate provision shall be made for the collection and disposition of all on and off site storm water and natural water, including, but not limited to, on site drainage retention facilities.

   L.   Adequate provision shall be made for the collection and disposition of sanitary sewage.

   M.   Adequate provision shall be made to avoid an increase in hazard to adjacent property from flood, increased runoff or water damage.

   N.   Adequate provision shall be made to clean, control and otherwise alleviate contamination or environmental hazards on land when the site is in an area found by the director of public health and safety to be contaminated by a toxic substance or otherwise to contain environmental hazards which are detrimental to the public health, safety and welfare.

   O.   Adequate provision shall be made to avoid glare of vehicular and stationary lights that would affect the established character of the neighborhood, and to the extent such lights will be visible across from any property line, the performance standards for illumination shall be met.

   P.   Adequate provision shall be made to ensure that the location, lighting and type of signs and the relationship of signs to traffic control is appropriate for the site and will not have an adverse effect on any adjacent properties. (Ord. O-44-02, 8-12-2002; amd. Ord. Ord. O-24-05, 6-13-2005; O-20-22, 5-9-2022)

   A.   General Conditions: In considering any site plan, the Planning and Zoning Commission may recommend and the Village Council may establish reasonable and appropriate conditions upon the approval of a site plan.

   B.   Expiration Of Plan Approval: Site plans for approval shall expire if no building permit has been issued by the department of health and safety within one year of the date the village council has granted such site plan approval. (Ord. O-44-02, 8-12-2002; amd. O-20-22, 5-9-2022)

To ensure compliance with any condition(s) imposed under this chapter, the village council may require that a cash certified check, irrevocable bank letter of credit or surety bond acceptable to the village, equaling one hundred ten percent (110%) of the estimated cost of public improvements associated with the project, as approved by the village engineer, be deposited with the village to ensure faithful completion of the improvements and also be subject to the following:

   A.   The performance guarantee shall be deposited prior to the onset of any construction, clearing of land or earth moving related to the site plan. The village may establish procedures whereby a rebate of any cash deposits in reasonable proportion to the ratio of work completed on the required improvements will be made as work progresses. Any partial release of funds shall be less than ten percent (10%) which shall be retained by the village until all work has been completed and subsequently inspected and approved by the village or its agents. This does not relieve the applicant from satisfying all applicable maintenance warranties and/or guarantees necessary to ensure the proper functioning of said public improvements.

   B.   As used in this section, "improvements" mean those features and actions associated with a project which are considered necessary by the village council, to protect natural resources, or the health, safety and welfare of the residents of the village and future users or inhabitants of the proposed project or project area, including roadways, lighting, utilities, sidewalks, screening, landscaping and surface drainage. Improvements do not include the entire project, which is the subject of site plan approval. (Ord. O-44-02, 8-12-2002)