The planned development district regulations set forth herein are intended to: provide an opportunity for unique, well-planned development on property in the village of Malta, Illinois in accordance with the recommendations of the village of Malta comprehensive plan and considered desirable by the village board of trustees; provide a means of achieving greater flexibility in new development of land in a manner not generally possible in the other zoning districts; encourage a more imaginative and innovative design of projects; promote a more desirable community environment; retain maximum control over both the structure and future operation of the development. The planned development regulations are intended to encourage imaginative site planning that integrates the development proposal with existing topography and other natural environmental assets of the land while conserving the character of the village. Clustering of units is encouraged to provide common open space. Under this procedure, well-planned residential, industrial, commercial and other types of land use, individually or in combination, may be developed in accordance with the standards contained herein. The village board, upon recommendation by the planning commission, may, by ordinance adopted in the same manner as other zoning map amendments are approved, authorize a planned development. However, it should be noted that the regulations for planned developments are not intended to allow excessive densities, or the development of incompatible land uses, either within the development or as the development relates to the general neighborhood, nor are they intended to accommodate the expansion of pre-existing uses that are not in accordance with the recommendations of the village comprehensive plan. The applicant must strictly adhere to the standards contained in the following provisions. The board may, upon proper application, approve a planned development to facilitate the use of flexible techniques of land development and site design in order to obtain one or more of the following objectives:

1.

Environmental design in the development of land that is of a higher quality than is possible under the regulations otherwise applicable to the property.

2.

Diversification in the uses permitted and variations in the relationship of uses, structures, open space and height of structures in developments intended as cohesive, unified projects.

3.

Functional and beneficial uses of open space areas.

4.

Preservation of natural features of a development site.

5.

Creation of a safe and desirable living environment for residential areas characterized by a unified building and site development program.

6.

Rational and economic development in relation to public services.

7.

Efficient and effective traffic circulation, both within and adjacent to the development site.

(Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

Editor's note— Ord. No. 2009-02, § 3(Exh. A), adopted April 8, 2009, repealed the former § 70-691, and enacted a new § 70-691 as set out herein. The former § 70-691 pertained to applicability of subdivision ordinance and derived from Ord. No. 95-4, § 7, adopted April 12, 1995.

(1)

A planned development shall constitute a separate zoning district, and the designation of a planned development district shall be subject to the review and approval process for a zoning amendment, as set forth in Article 2, Division 2, Subdivision III of this ordinance, and subject to the standards and procedures set forth in this article.

(2)

The ordinance approving the preliminary development plan for the planned development shall establish regulations governing uses, densities, minimum lot area, bulk regulations, parking and signs, and exceptions to the subdivision design standards as may be necessary or desirable to achieve the objectives of the proposed planned development, provided such are consistent with the standards and criteria contained in this section. No minimum lot size is required within a planned development, and appropriate lot size shall be evaluated based upon the relationship to adjacent development, amount of common open space, proposed provision of sewage disposal, and other appropriate factors. Uses in planned developments may include residential (single-family detached, attached, and multi-family dwellings), business, manufacturing, public/institutional, recreational, conservation, open space or any combination of these uses, provided, however, that planned development - residential projects must consist of at least 55 percent of the developed land area devoted to residential uses; planned development - commercial projects must consist of at least 55 percent of the developed land area devoted to commercial uses; and planned development - industrial projects must consist of at least 55 percent of the developed land area devoted to manufacturing uses. Mixed-use development projects may consist of any mixture of uses.

(3)

Planned developments shall not be approved that result in:

a.

Development of uses in an area that would be incompatible with the purpose and intent of this section or the goals and objectives of the village comprehensive plan.

b.

Inconvenient or unsafe access to the planned development.

c.

Traffic congestion in the streets that adjoin the planned development.

d.

An undue or disproportionate burden on public parks, recreational areas, fire and police protection, schools, and other public facilities which serve or are proposed to serve the planned development.

e.

Alteration, destruction, or diminution of natural landscape features such as floodplains, wetlands, fens, woodlands, prairie, rock outcroppings, seeps, springs, or steep slopes, unless compensation for such is an element of the project; and

f.

Alteration, destruction of archeological and historic features.

(Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

(a)

Two types of planned developments may be approved by the village board:

(1)

Minor planned developments, generally consisting of one primary land use on one lot. Minor planned developments shall be subject to the application requirements set forth for special use permits in Article 2, Division 2, Subdivision II of this ordinance, provided, however, that the application shall include a final development plan, and further provided that the zoning administrator may require as part of the application for a minor planned development any or all of the items and information required for preliminary development plans and improvements plans if deemed necessary for a thorough review of the proposal, and shall be subject to the review and approval procedure for amendments as set forth in Article 2, Division 2, Subdivision III of this ordinance;

(2)

Major planned developments, consisting of more than one primary land use on a single lot, or the creation of two or more lots. Major planned developments shall be in compliance with the requirements of the Village Subdivision Ordinance; the Village Specifications for Improvements; and shall be subject to the procedures set forth below.

(b)

It shall be the authority of the zoning administrator to determine whether a proposed planned development is a minor or major planned development, provided, however, that the applicant for a planned development may appeal to the planning commission for such a determination.

(Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

(1)

Pre-application conference. Prior to filing any application for major planned development approval the prospective applicant shall request a pre-application conference with the zoning administrator. Such request shall include a brief and general narrative description of the nature, location and extent of the proposed planned development; a concept plan showing general lot configuration, land use(s), road/street configuration, total acreage and acreage by land use; and a list of any professional consultants advising the prospective applicant with respect to the proposed planned development. Upon receipt of such request the zoning administrator shall promptly schedule such a conference.

The purpose of the pre-application conference is to provide information to help a prospective applicant appraise the feasibility of a proposed planned development in relationship to the village comprehensive plan and the applicable zoning regulations. The pre-application conference encourages the discussion of basic problems and questions related to the development proposal prior to the expenditure of funds for detailed plans.

(2)

Concept plan.

a.

An applicant shall submit a concept plan in accordance with the provisions of this section to the village for tentative review and approval prior to incurring the expenses associated with formal site plan submission in order to discover whether the village will accept, or under what circumstances the village will accept, a major planned development of the type proposed at the site. The following items shall be required:

1.

Maps which are part of the concept plan may be in general form but shall be at a scale not to exceed 1" = 100', and shall contain the proposed land uses, general lot configuration, natural features of the site, the character and approximate density of buildings, and the approximate location of proposed thoroughfares and water, sewage and drainage systems, total acreage and acreage of each proposed use.

2.

The written statement shall contain a general explanation of the size and character of the planned development, including a statement of the present ownership of all the land within the planned development, proposed uses, and expected schedule of construction.

3.

At the time of concept plan review, the applicant for approval of a major planned development may request the project be subject to the minor planned development review and approval process and requirements as set forth in Section 70-693a.1. above, in lieu of the requirements of this subsection. A decision on the request shall be subject to a recommendation by the zoning administrator and a decision by the village board of trustees.

b.

The zoning administrator shall review the concept plan within 30 days after receipt of such plan, and shall prepare a written report containing its recommendations to the planning and zoning committee and the applicant. The zoning administrator may, at his discretion, retain outside consulting services for the review of plans, all cost for said outside services shall be borne by the developer.

c.

The planning commission shall review the comments and recommendation of the zoning administrator within a reasonable amount of time, and issue a non-binding vote by motion on the concept plan proposal. Approval of the concept plan by the committee does not imply nor guarantee approval of the preliminary development plan.

(3)

Preliminary development plan. A preliminary development plan shall be submitted for a proposed planned development, containing the following information:

a.

Site and landscape plan: One or a series of maps shall be submitted indicating:

1.

A boundary survey plat and legal description of the property;

2.

Aerial photo showing site and surrounding area and demarcation of all taxing bodies;

3.

The location, size and height of all existing and proposed structures on the site;

4.

The location and general design (dimensions and materials) of all driveways, curb cuts and sidewalks including connections to building entrances;

5.

The location, area and number of proposed parking spaces;

6.

Existing and proposed grades at an interval of two feet or less, extended beyond the project site to include adjacent properties and structures;

7.

The location and general type of all existing trees over six-inch caliper and, in addition, an indication of those to be retained;

8.

The proposed general use and development of internal spaces, including all recreational and open space areas, plazas and major landscaped areas by function, and the general location and description of all proposed outdoor furniture (seating, lighting, telephones, etc.);

9.

Soils information. The zoning administrator may require specific soil information based on on-site investigation, to include soil borings at a 200-foot grid or slit trench analyses;

10.

Drain tile information;

11.

The location and approximate size of all proposed plant material by type, such as hardwood/deciduous trees, evergreen trees, flowering trees and shrub masses, and types of ground cover (grass, ivies, etc.). Planting in parking areas should be included;

12.

The location and details of all retaining walls, fences (including privacy fences, etc.) and earth berms;

13.

The description and location of all refuse collection facilities including screening to be provided;

14.

Provisions for both on- and off-site storm water drainage and detention related to the proposed development; and

15.

The location and approximate size of all existing and proposed utilities where applicable.

16.

Proposed top of foundation for all proposed buildings.

The scale of the drawing or drawings indicating the above shall be reasonably related to the site size and the complexity of the proposed development, and the scale shall in no event be smaller than 1" = 100'. All drawings shall likewise indicate a project name, the names of adjoining streets, the applicant's name, a scale, a north arrow, and the date drawn.

The applicant may be required to provide, at the applicant's expense, additional clarification or further detail of the site plan, as deemed necessary by the zoning administrator.

b.

Site and building sections: Schematic or illustrative sections shall be drawn to a scale of 1" = 50' or larger, indicating both edge conditions and internal grade changes in relation to principal variations of internal building levels and site line relations to adjacent structures.

c.

Typical elevations: Typical elevations of proposed buildings shall be provided at a reasonable scale.

d.

Project data on the site plan:

1.

Site area (square feet and acres);

2.

Area, in square feet and acres, of all wetlands, detention areas, woodlands, and areas with slope greater than 15 percent;

3.

Allocation of site area by building coverage, parking, loading and driveways, and open space areas including total open space, recreation area, landscaped areas and others;

4.

Total dwelling units and floor area distributed by general type (one-bedroom, two-bedroom, etc.); and total floor area ratio and residential density distribution;

5.

Floor area in non-residential use by category and total floor area ratio;

6.

Calculations of parking spaces and area in relation to dwelling units and commercial floor area.

e.

Project report: A brief project report shall be provided to include an explanation of the character of the proposed development, verification of the applicant's ownership and contractual interest in the subject site, and anticipated development schedule. At the discretion of the zoning administrator, analyses by qualified technical personnel or consultants may be required as to the market and financial feasibility, traffic impact, environmental impact, storm water and erosion control, etc., of the proposed development.

f.

Phased development: If the planned development is proposed to be constructed in stages or units during a period extending beyond a single construction season, a development schedule shall be submitted indicating:

1.

The approximate date when construction of the project can be expected to begin;

2.

The order in which the phases of the project will be built;

3.

The minimum area and the approximate location of common open space and public improvements that will be required at each stage;

4.

Placement of all temporary structures utilized during construction, i.e., construction offices, siltation control devices, etc.

g.

Natural resources report: An application for preliminary development plan approval must include a natural resources report from the county soil and water conservation district for any land to be changed from an agricultural use to a nonagricultural use. All data generated by the natural resources report and the land evaluation and site assessment review will become part of the public record, and selected portions may be forwarded to the zoning administrator and the village board as a part of the planning commission's land use review.

h.

Traffic Impact Study

i.

Completed Preliminary Plat Checklist

(Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

a.

The application for preliminary development plan approval shall be considered at a public hearing, but not sooner than 30 days after acceptance of the completed application. Notice of the time and place of such hearing shall be published in a newspaper of general circulation in the village not less than 15 days before such hearing. A copy of such notice shall be mailed to the clerk of each municipality, the corporate limits of which lie within 1 1/2 miles of land proposed to be reclassified. Supplemental or additional notices may be published or distributed as the village may, by rule, prescribe from time to time. Additionally, copies of such notice shall be sent to owners of record of all adjacent properties of the lot(s) included in this application.

b.

Staff review: The zoning administrator shall coordinate a review of the application by appropriate village departments. The zoning administrator may, at his discretion, retain outside consulting services for the review of plans, all cost for said outside services shall be borne by the developer. A written report documenting the review and staff recommendations shall be prepared by the zoning administrator and submitted to the plan commission at the meeting at which the application is first considered.

c.

After consideration of the application and staff report, the planning commission shall make a report containing findings and a recommendation. The report of the planning commission shall be transmitted to the village board of trustees. The planning commission may recommend approval, approval with amendments, conditions or restrictions with respect to the preliminary development plan, or denial of the plan. In deliberating on the proposed planned development, the planning commission shall consider the following:

1.

The proposed development will not injure or damage the use, value and enjoyment of surrounding property nor hinder or prevent the development of surrounding property in accordance with the village comprehensive plan.

2.

The proposed development can be substantially completed within the period for time specified in the schedule of development submitted by the applicant.

3.

The entire lot to be occupied by the proposed development is held in a single ownership, or if there are two or more owners, the application for such proposed development is filed jointly by all such owners.

4.

The development plan contains such proposed covenants, easements and other provisions relating to the bulk and location of buildings, uses and structures and public facilities as are necessary for the welfare of the planned development and are not inconsistent with the best interests of the village. Such covenants, easements and other provisions, when part of the approved final development, may be modified, removed or released only with the consent of the village board after a public hearing before, and recommendation by the planning commission as provided in this section.

5.

Sanitary sewers, storm sewers and water supply to service the development are adequate to serve the proposed development and will not reduce existing capacity below that necessary to serve existing developments, or overload local facilities beyond design capacity.

6.

The location and arrangement of structures, parking areas, walks, lighting and appurtenant facilities is compatible with the surrounding land uses, and any part of a proposed development not used for structures, parking and loading areas, or access ways, is landscaped or otherwise improved.

7.

The project area is adaptable to unified development and has within or through the area no physical features that will tend to destroy the neighborhood or community cohesiveness;

8.

The uses permitted in the development are necessary or desirable and the need for such uses is clearly demonstrated by the applicant;

9.

The dominant land use of the proposed planned development is consistent with the recommendations of the village comprehensive plan for the area containing the project;

10.

Any modifications of the standards and specifications of this ordinance or other regulations that would otherwise be applicable to the site are warranted by the design of the development plan, and the amenities incorporated in it, and are not inconsistent with the public general welfare.

11.

Exceptional landscaping features such as larger caliper, varied species and reduce spacing of trees and additional sod is provided.

12.

All proposed streets and driveways are adequate to serve the residents, occupants, visitors or other anticipated traffic of the planned development. Entrance points or locations of streets and driveways upon previously existing public roadways are approved by the village engineer and, if necessary, the DeKalb county engineer and/or the state department of transportation. If traffic control devices are required to prevent or relieve hazards or congestion on adjacent streets and the proposed control device is not within the normal or scheduled sequence of installations, the village board may require, as a condition of approval of a proposed planned development, such devices to be provided at the developer's cost.

13.

Off-street parking is conveniently accessible to all dwelling units and other uses in the planned development. Where appropriate, common driveways, parking areas, walks, and steps to parking and service areas are screened through ample use of trees, shrubs, hedges, land forms and walls.

14.

A pedestrian circulation network is provided.

15.

The planned development provides for underground installation of utilities (including electricity and telecommunications) in public ways and private extensions thereof. Provisions are made for acceptable design and construction of storm sewer facilities including grading, gutter, piping and treatment of turf to handle storm water, prevent erosion and the formation of dust. Utilities and maintenance of facilities are in accordance with the requirements and regulations of the village as set forth in this ordinance.

16.

The proposed planned development satisfies the applicable objectives as provided in this section.

17.

Existing ponds, creeks, rivers, lakes, wetlands or fens on or adjacent the planned development are enhanced and protected from development.

d.

The planning commission may recommend to the village board approval, approval with amendments, conditions or restrictions with respect to the preliminary development plan, or denial of the plan.

e.

The village board shall approve, approve with conditions, or deny the preliminary development plan within 90 days after it receives the findings and recommendations of the planning commission.

f.

If the preliminary development plan is approved by the board, it shall adopt an ordinance approving said preliminary development plan with conditions as specified therein and authorizing the preparation of the final development plan.

(Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

1.

Within one year following approval of the preliminary development plan, but at least 30 days before the next regularly scheduled meeting of the planning commission, the petitioner shall submit a final development plan to the planning commission for its review and consideration to determine if said final development plan is in conformance with the approved preliminary development plan and with the imposed conditions of approval. The final development plan shall reflect the entire planned development if it is to be completed in one phase, or a phase of the planned development if it consists of more than one phase.

2.

Failure of the applicant to submit a final development plan within nine months after approval of the preliminary development plan, and failure to submit subsequent final development plans for a phased planned development in accordance with the approved schedule of phases, shall result in the termination of the planned development approval, unless an extension of said one year period or alteration to the approved phasing schedule is granted by the planning commission following a request for said extension by the applicant.

3.

The final development plan, in addition to the matters shown on the preliminary development plan, shall include the following:

a.

The landscape plan with the specific location of all plant material, specifying size, species and location (both as to the buffer area around the perimeter as well as that in the parking lot);

b.

Nature of use, including special uses permitted;

c.

All present and future structures except single-family residences, specifying location, size, and architectural elevation, none of which may deviate substantially from the approved preliminary development plan. For single-family residences, building pad locations with top of foundations indicated, design guidelines, and representative facade elevations shall be required;

d.

Sidewalks;

e.

Parking spaces, including underground parking and traffic aisles;

f.

Ingress and egress facilities

g.

Parking facilities for visitors;

h.

Plan for the provision of water and sanitary and storm water drainage facilities;

i.

All easements and dedications;

j.

Street lighting plan

k.

Any signs, location and size;

l.

Details of lighting of parking lots and outside of buildings, including location, type and intensity;

m.

Improvement Plans. Improvement plans shall be prepared at a minimum scale of 1" = 50' on an exhibit not to exceed 24 inches by 36 inches and shall contain the following information:

1.

Title page, which shall include key map showing the relationship of the site to the surrounding area. In addition, the name, address, and telephone number of the developer and engineering firm, as well as a registered professional engineer's seal, should be indicated.

2.

North arrow and graphic scale shall be indicated on each plan sheet.

3.

One or more benchmarks, in or near the development, to which the development is referenced. The identity and elevation shall be based on U.S.G.S. datum.

4.

List of the standards and specifications followed, citing volume, section, page, or other references;

5.

Typical cross sections of any proposed roads.

6.

Grading and paving details conforming to village specifications and requirements.

7.

Summary of quantities and estimate of cost of all items necessary to construct all streets (roads) and all public improvements shown on the plan.

8.

Details of streets including location and width of all proposed public or private rights-of-way and private roadway easements, existing and proposed drainage channels, scales, storm sewers, including adequate natural discharge points, detention facilities, silt control measures and, where applicable, sanitary sewer and water distribution systems.

9.

Plans and profiles of streets, sewers and water mains, scale not less than 1" = 50' horizontal and 1" = 5' vertical.

10.

Proposed top of foundation for all proposed buildings.

11.

Topographical and profile studies must have on their face the signed statement of a registered professional engineer, and the owner of the land or his duly authorized attorney, to the effect that to the best of their knowledge and belief the drainage of surface waters will not be changed by the construction of the proposed planned development, or, that if such surface water drainage will be changed, reasonable provision will be made for collection and diversion of such surface waters into public areas, or drains which the developer has the right to use, and that such surface waters will be planned for in accordance with generally accepted engineering practices so as to reduce the likelihood of damage to the adjacent property because of the construction of the planned development.

Approval of the improvement plans by the respective agencies described above shall be valid for a period of two years from the date of approval, or for such longer period as the zoning administrator may determine to be advisable if after review by the zoning administrator such longer period is necessary to facilitate adequate and coordinated provisions for transportation, water, sewerage, schools, parks, playgrounds, or other public requirements. If the construction of the improvements shall not have been completed within the two-year period or such longer period as the zoning administrator may permit, a re-submission of the improvement plans to the appropriate agencies may be required by the zoning administrator.

After applicable sanitary sewers, storm sewers, sidewalks, and pavement have been constructed and installed, but before the inspecting agencies recommend final approval or acceptance, the developer shall submit the required number of as-built drawings of the above improvements;

n.

All other information that the zoning administrator or committee may require.

(Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

a.

In lieu of constructing the improvements prior to approval of the zoning administrator, a construction guarantee in the amount of 120 percent of the cost of the improvements is required. The cost for each improvement shall be itemized in a list prepared, signed and sealed by the design engineer on his letterhead stationary and approved by the village board of trustees. Such guarantee is to:

1.

Assure the satisfactory installation of said improvements in accordance with the approved plans and specifications and according to good engineering and construction practices;

2.

Assure the satisfactory completion of said improvements within the prescribed time limit.

b.

Such guarantee shall be in one of the following formats and the form, amount and conditions, subject to approval by the village board of trustees:

1.

A certificate of deposit with or an escrow account at a federally insured bank or savings and loan association;

2.

An undertaking by the developer guaranteeing completion of the land improvements remaining to be completed, as secured by an irrevocable letter of credit certifying that adequate funds are and will be available at a sound and reputable banking or financial institution authorized to do business in the state. Such irrevocable letter of credit shall be in effect for a period of 2 1/2 years from the date of recording of the final plat, shall run in favor of the village and shall indicate that there are sufficient funds available for 120 percent of the estimated cost of all the land improvements remaining to be completed, and that such funds are held for such purpose only and for no other purposes. Such undertaking and irrevocable letter of credit shall be in a form to allow the village to procure the funds to complete the land improvements if construction of said improvements is not completed in accordance with the provisions hereof, and shall otherwise be in a form acceptable to the village;

3.

Other good and sufficient security in accordance with the requirements of 65 ILCS 5/11-39-3 and as approved by the appropriate legal authority of the village to guarantee the proper installation of land improvements.

c.

A construction guarantee shall be reduced only by authorization of the village board of trustees upon:

1.

Application for payout by the developer in amounts such that funds remaining will always equal 120 percent of the value of the uncompleted work, as determined by the village board of trustees after consultation with the village engineer and other staff. No more than 90 percent of the construction guarantee shall be released prior to one year after the satisfactory completion of the required improvements; or

2.

When it is determined that there has occurred unsatisfactory installation of the required improvements. Where the required improvements have not been installed in accordance with the approved improvement plans, the village may then declare the construction guarantee to be in default and may draw from the guarantee amount for use in matters related to insuring the satisfactory construction of said improvement, including attorney's fees and court costs encumbered in the enforcement of the provisions of this section.

d.

The village board of trustees shall not release a construction guarantee prior to the satisfactory installation of all required improvements, except as outlined in the village subdivision ordinance.

e.

After the acceptance of the improvements, the applicant shall be responsible for the maintenance of all improvements until the release of all applicable guarantees. Where a development has been improved in phases, the applicant shall be responsible for the proper functioning of drainage improvements for the entire development site. The applicant shall be responsible for the plowing of snow on roads and maintenance of all public improvements including but not limited to; signage, street lights, medians and common areas, etc., until the final acceptance of the completed road improvements.

(Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)

1.

An application with a complete final development plan, meeting all requirements of the ordinance and in conformance with the preliminary plan as determined by the zoning administrator, shall be considered at the first regularly scheduled planning commission meeting, but no sooner than 30 days from the filing of the completed application.

2.

Staff review: During the time between the filing of the complete final development plan and the next regularly scheduled meeting of the planning commission, the zoning administrator, or his representative, shall review the final development plan for compliance with the approved preliminary development plan and conditions contained in the ordinance rezoning the site and shall report to the planning commission the findings of his review. The zoning administrator may, at his discretion, retain outside consulting services for the review of plans, all cost for said outside services shall be borne by the developer.

3.

After consideration of the application and staff report, the planning commission shall recommend approval, or disapproval, of the final development plan. The final development plan shall conform to the preliminary development plan and applicable ordinances. If the final development plan does not conform to the preliminary development plan, or if the conditions of the preliminary development plan approval are not adequately met, the final development plan shall not be approved.

4.

Upon recommendation for approval of the final development plan by the planning commission, the final development plan shall be submitted to the village president for his/her signature.

5.

Period of validity and amendments to approved final development plan:

a.

No approval of a final development plan shall be valid for a period longer than 12 months from the date of approval unless within such period required permits are obtained and construction is commenced.

b.

The board may grant extensions not exceeding six months each upon written request of the original applicant if the application submitted is substantially the same as the initially approved application. However, the board has the power in such cases to attach new conditions to approval. At such time as the period of validity of an approved final development plan lapses, the final development plan and all uses, terms, and conditions thereof shall be considered null and void. No further development of the site shall be permitted except by application in accordance with the requirements of subparagraph 4. above.

6.

Amendments to approved final development plan:

a.

Permitted minor amendments: Minor changes in the location, siting and height of buildings and structures, or minor lot line and roadway adjustments, depicted on the approved final development plan may be authorized by the village board of trustees without additional public hearing if required by engineering or other circumstances not foreseen at the time the final plan was approved. No change authorized by this paragraph may cause any of the following:

1.

A change in the use or character of the development;

2.

An increase by more than five percent in the lot coverage of structures;

3.

An increase in the density or intensity of use;

4.

A reduction of more than one percent in approved open space area;

5.

A reduction in the number of off-street parking and loading spaces.

b.

Major amendments: Changes to the final development plan that exceed the limitations in subparagraph 6.a. above shall result in the entire planned development, or phase of the development in which the changes are proposed, to be resubmitted as a new planned development subject to all the procedures contained in Article X above.

(Ord. No. 2009-02, § 3(Exh. A), 4-8-2009)