The intent of this chapter is to establish procedures and standards for the review and approval of site plans to ensure full compliance with all local, state and federal ordinances and regulations and to ensure that a proposed land use or activity is compatible with the character of the surrounding area, the adjacent uses of land, the natural environment, the capacities of public services and will protect the public health, safety and welfare. (Ord. 918, 9-5-2006)

   A.   This chapter shall apply to the following:

      1.   The construction of any new, nonresidential building or structure;

      2.   The expansion of any nonresidential building or structure;

      3.   The conversion, in whole or in part, of an existing building from residential to nonresidential use;

      4.   The construction of any new residential structure containing three (3) or more dwelling units;

      5.   The modification or expansion of an existing residential structure which results in an increase in the number of dwelling units in the structure to three (3) or more;

      6.   Any development in any district for which a special use permit is required;

      7.   The construction or expansion of paved areas, including access drives and parking lots, involving an area of more than one thousand (1,000) square feet; or

      8.   The establishment of a new nonresidential use even if no buildings or structures are proposed.

   B.   This chapter does not apply to the construction or modification of single-family detached homes, two-family homes, agricultural buildings or structures, or existing buildings or premises legally established prior to the adoption of this chapter unless one or more of the factors described in subsection A of this section is present.

   C.   No land, building, or structure shall be erected or used and no building permit or sign permit shall be issued for a development within the scope of this chapter unless and until a site plan has been approved in accordance with this chapter. No land, building or structure shall be occupied or used and no certificate of occupancy shall be issued until all requirements and conditions of the site plan approval have been implemented and all improvements completed in accordance with an approved site plan. (Ord. 918, 9-5-2006)

Any development or construction which is subject to the scope of this chapter under subsection 4-16-2A of this chapter shall be classified as either a minor or major site plan. The determination of this classification shall be made by the zoning officer or village administrator according to the following criteria:

   A.   Minor Site Plan Review: A project requiring minor site plan review shall be any of the following:

      1.   An expansion of any nonresidential building or structure not exceeding one thousand (1,000) square feet or ten percent (10%) of the existing floor area, whichever is less.

      2.   A change in use of an existing building that does not comply with current site design standards such as, but not limited to, landscaping, lighting, parking, signs or drainage.

      3.   The construction or expansion of paved areas, including access drives and parking lots, involving an area of more than one thousand (1,000) square feet but not more than five thousand (5,000) square feet.

   B.   Major Site Plan Review: A project requiring major site plan review shall be any project which is not classified as a minor site plan review. (Ord. 918, 9-5-2006)

   A.   Application: Application for site plan approval may be made separate from or in conjunction with an application for land subdivision. The village board may approve a site plan prior to the platting, division, or consolidation of land conditioned upon such platting, division or consolidation. Site plans for which the proposed use requires a zoning map amendment shall only be acted upon by the village after a map amendment has been approved according to the procedures set forth in the zoning ordinance.

   B.   Preapplication Conference: Prior to submitting a site plan application, the applicants or agent must schedule a preapplication conference with the village staff. The purpose of this meeting is to familiarize the applicant with the review procedures and submission requirements and to familiarize the village staff with the nature of the project. No decisions relative to the acceptability of the plan may be made at this meeting. At this time the determination will be made, based on the presented information, as to whether the project shall be considered a minor or major site plan. The applicant should bring to this meeting any working drawings, plans, sketches, surveys, reports or other such information that will aid the village staff in assessing the project.

   C.   Site Plan Review Committee (SPRC): In conjunction with the formal application process in subsection E of this section, the applicant must attend a meeting of the site plan review committee (SPRC). This committee will consist of a licensed architect, the village planner, a village board member, and a village planning and zoning commission member. The SPRC meets on an "as needed" basis.

      1.   The applicant will contact the village planner, to schedule a meeting with the SPRC two (2) weeks prior to the requested meeting date. The applicant shall also provide to the village four (4) copies of a three-dimensional color rendering of the proposed building or structure two (2) weeks prior to the initial SPRC meeting. This drawing shall depict all four (4) sides of the proposed building or structure, including proposed screening of mechanical equipment and dumpsters. Samples of building materials are strongly encouraged to be submitted at this time as well.

      2.   The applicant and applicant's architect will then present the building elevations of the proposed project to the SPRC for review and comment. The SPRC may advise the applicant of any suggested changes or additions to the proposed elevations at this time.

      3.   The applicant shall reappear before the SPRC with any suggested changes in response to the initial meeting. At this time, the SPRC may submit a recommendation to the village board and planning and zoning commission on the proposed elevations. If the SPRC submits a negative recommendation, the project must receive a two-thirds (2/3) majority vote from the village board for approval. The applicant may request to appear before the SPRC as many times as needed to receive a favorable recommendation. Village staff will submit copies of the proposed layout and elevations to the village board and planning and zoning commission simultaneously once the SPRC has made a recommendation.

   D.   Planning And Zoning Commission And Village Board Workshop Session: After receiving a recommendation from the SPRC, the village will schedule a workshop session with the planning and zoning commission and the village board (in no particular order) for review of the proposed building elevations and conceptual site layout. Fifteen (15) copies of the conceptual site layout and color rendering of the building shall be provided to village staff one week prior to each scheduled meeting.

   E.   Application Procedure:

      1.   Minor Site Plan: The applicant shall submit a formal application for review and approval of a site plan to the village. The application shall consist of the following:

The applicant shall submit all information requested by the village staff that is deemed necessary to review the minor site plan:

         a.   A fully executed and signed copy of the application for site plan review and application fee;

         b.   A fully executed professional fee agreement and deposit;

         c.   All information requested by the village staff that is deemed necessary to review the minor site plan including drawings, sketches, and calculations.

      2.   Major Site Plan: In conjunction with appearing before the site plan review committee, the applicant shall submit a formal application for review and approval of a site plan to the village. The application shall consist of the following:

         a.   A fully executed and signed copy of the application for site plan review and application fee.

         b.   Five (5) copies of the site plan and supporting documents as described in subsection F2 of this section.

         c.   A fully executed professional fee agreement and deposit.

         d.   Upon receipt of the application the village planner shall review the completeness of the application and upon determination that the application is complete, forward a copy of the application to the village administrator, village engineer, public works department, and any other department or agency deemed necessary. If the application is incomplete, the village planner shall notify the applicant in writing of this determination and specify what materials or information are required to complete the application. No action will be taken on the application until the application has been determined to be complete.

   F.   Submission Requirements: The site plan application shall include at a minimum the following:

      1.   Minor Site Plan: As determined and requested by village staff.

      2.   Major Site Plan: A drawing or drawings prepared at a scale of not less than one inch to one hundred feet (1" = 100') which shall include:

         a.   General Information:

            (1)   Name, address and phone number of the developer.

            (2)   Name, address and phone number of the record owner if different from developer.

            (3)   Name, address and phone number of the architect, engineer, landscape architect, land planner, surveyor or consulting firm responsible for preparing the plan(s).

            (4)   Seal and registration of any architect, engineer, landscape architect or similar professional involved in the preparation of the plan(s).

            (5)   Date of plan preparation/revision.

            (6)   North arrow and scale.

            (7)   Legal description of the property.

            (8)   If applicable, a site data table indicating the gross acreage, net acreage, site coverage percentage, building area(s), floor to area ratio.

         b.   Existing Conditions:

            (1)   Zoning and use of the property.

            (2)   Zoning and use of all adjacent properties.

            (3)   The bearings and distance of all property lines and the source of this information.

            (4)   Existing topography of the site shown at two foot (2') intervals and extending a minimum of twenty five feet (25') beyond the property lines of the site.

            (5)   Building setback lines.

            (6)   Location and extent of any water bodies, wetlands, streams and floodplains on or adjacent to the site.

            (7)   Location and size of existing trees.

            (8)   Location of other notable natural features.

            (9)   Location and dimension of any existing easements.

            (10)   Copies of any applicable covenants or deed restrictions.

            (11)   Location, size, and ground floor elevation of all existing buildings on the site.

            (12)   The location and dimension of any other structures or improvements on the site.

            (13)   Location, names, and widths of existing streets and rights of way within or adjacent to the site.

            (14)   Location and size of any existing storm sewer, water main, sanitary sewer, culverts, drains, field tiles, on site disposal systems, wells, power or telephone poles, electrical lines, telephone lines, and gas lines on the subject site or of any such entities off site that will serve the subject site.

            (15)   The location, front view and dimension of existing signs.

         c.   Proposed Development:

            (1)   Proposed use and zoning.

            (2)   A grading plan showing the proposed changes in the topography of the site at two foot (2') intervals with spot grades provided at significant points.

            (3)   The location and dimensions of all provisions for water supply and sanitary sewer.

            (4)   A storm water detention/retention plan including storm water runoff and detention calculation. The methods for computing such requirements shall be those specified in the village's subdivision ordinance.

            (5)   The location, elevation, and size of all catch basins, ditches, swales, retention basins and storm sewers.

            (6)   An erosion control plan, the requirements for which shall be consistent with the village's subdivision ordinance.

            (7)   The location, dimensions, and foundation/floor elevations of all proposed buildings or expansions on the site.

            (8)   The location and dimensions of proposed driveways, parking areas, loading areas, and sidewalks.

            (9)   The location, dimensions, front view and materials of proposed signs.

            (10)   The location and type of exterior lighting, including a point by point photometric plan if required by the village.

            (11)   The location and nature of electrical, telephone, gas, cable or other utility services to be installed at the site.

            (12)   Building plans showing at a minimum the floor plans and elevations of all proposed principal and accessory buildings and a schedule of the type and color of exterior surface materials. A three-dimensional color rendering of the proposed building or structure must be provided.

            (13)   Landscape plans including a schedule of all plantings by type and size as well as any berming, fencing, screening, or other hardscape features proposed.

         d.   Other: Supporting reports, documents, exhibits, etc.

   G.   Review Procedures:

      1.   Minor Site Plan:

         a.   The village staff shall review the information requested and either approve the minor site plan or prepare a report to the applicant indicating any deficiencies in the site plan in meeting all applicable requirements of this code. The applicant shall modify the site plan to correct any deficiencies or apply for formal relief or variance for the deficiency if such application is available.

         b.   Upon completion of revisions to the minor site plan that correct the deficiencies identified by the village staff, the minor site plan shall be placed on the next available board of trustees agenda for consideration. The village board will approve or deny the site plan application based on the approval criteria and standards. The village board may impose conditions upon the site plan provided they relate to the approval criteria and standards and are necessary to meet the intent of this chapter. If any formal relief or variance is sought by the applicant it shall follow the adopted procedures for such relief or variance.

      2.   Major Site Plan:

         a.   Written Review: Within twenty (20) days of the application being determined to be complete, the village planner, village engineer, code enforcement officer, public works department, and any other notified department shall provide the village administrator or zoning officer a written review of the application. These reviews shall evaluate the application's conformance with the approval criteria and standards of this chapter and identify any areas in which there are deficiencies in meeting the criteria and standards.

         b.   Staff Report: The village planner shall prepare a report to the applicant indicating or enclosing the review comments and the applicant's conformance with the review criteria. This report shall be provided to the applicant within thirty five (35) days of the application being determined to be complete. If the staff report does not identify any issues or deficiencies with the plans, an agenda date will be assigned for the application to be reviewed by the village plan commission. If, however, the staff report identifies concerns or deficiencies, a staff workshop shall be scheduled prior to scheduling a plan commission agenda date.

         c.   Staff Workshop: If the staff report identifies any concerns, issues, or deficiencies with the site plan or any areas in which the staff does not believe that the approval criteria are met, the village planner shall schedule a staff workshop with the applicant. This workshop is intended to provide the applicant with guidance on how the application could be modified to comply with the review criteria and standards or address concerns raised in the review process. The staff shall work with the applicant to resolve all issues.

         d.   Pending Application Intentions: Within ten (10) days of the staff workshop, the applicant shall advise the village planner of his/her intention with regard to the pending application. If the applicant desires to proceed without revisions to the application, the village planner shall schedule a plan commission agenda date for the application. If after the staff workshop the applicant chooses to revise the site plan and/or submit additional materials, fifteen (15) copies of these materials shall be submitted.

         e.   Review Of Revised Plan: Within five (5) days of receiving the revised plans/materials, the village planner shall distribute copies to the village departments for review. Each department shall provide a revised written review to the village planner within ten (10) days of receiving the revised plans/materials. Within ten (10) days of receipt of the revised reports, the village planner shall provide the applicant with a revised staff report indicating that all issues or deficiencies previously identified have been addressed or indicating any remaining concerns or deficiencies in the plans.

         f.   Notice Of Intention: Within ten (10) days of receiving the revised staff report the applicant shall notify the village planner in writing of his/her intention with regard to the pending application. The applicant may elect to: 1) proceed to have the application set for a plan commission agenda, 2) request another staff workshop or 3) provide revised plans or materials to address the remaining concerns/deficiencies. If the applicant chooses to conduct another staff workshop or submit additional revisions/information, the procedures shall be the same as before.

         g.   Consideration By The Plan Commission: The application shall be placed on the agenda of the village plan commission for its review and recommendation. The plan commission shall be provided a copy of the staff reports regarding the application. After review of the application, the plan commission shall, within sixty (60) days, by majority vote of the members present, make a recommendation to the village board regarding action on the application based on its conformance with the approval criteria and standards. Such recommendation shall be provided to the village board in writing within thirty (30) days of the plan commission's decision.

         h.   Consideration By The Village Board Of Trustees:

            (1)   Following receipt of the recommendation of the plan commission, the village board shall consider the application and its conformance with the approval criteria and standards and take action on the application within sixty (60) days of the plan commission's review.

            (2)   If the applicant submits a revised application or supplemental submissions while the application is under consideration by the plan commission or village board, the planning commission or village board shall table the application to allow for review of the new information. The application may be tabled by the plan commission or village board for a period of time not exceeding the maximum original review periods established in this chapter.

         i.   Conditions Of Approval: The village board may impose conditions on the site plan. Any condition imposed must relate directly to the approval criteria and standards and be necessary to meet the intent of this chapter. (Ord. 918, 9-5-2006)

   A.   Criteria And Standards: The village staff, plan commission and village board shall review the site plan application to ensure that it complies with all of the criteria and standards below:

      1.   Site Configuration: Buildings and structures will meet or exceed setback standards, height and other dimensional standards and be appropriately placed in relation to natural features of the site.

      2.   Buildings: Buildings shall be designed, situated and constructed so as to conform to any applicable design criteria of the village. All buildings shall have a strong visual relationship and design compatibility between the building, the site, and adjacent development. The exterior appearances and mass of the building(s) shall complement the existing development and character within the surrounding area.

      3.   Impact On Surrounding Land Uses And Zoning: The proposed site plan will be harmonious with and not harmful or injurious to existing and planned uses in the immediate area. The proposed improvements will be coordinated with improvements serving the site and other properties in the area. The site plan shall meet the intent of this chapter and the intent of the village zoning ordinance.

      4.   Preservation Of Natural Features: The site plan shall demonstrate judicious effort to preserve the integrity of the land, natural topography, drainage, wetlands, watercourses, floodplains, and existing vegetation.

      5.   Public Services And Utilities: The site plans shall be served adequately with sanitary sewer, public water, and storm sewer and such utilities shall be provided in accordance with the recommendations of the village engineer.

      6.   Signs: Proposed signs shall meet the requirements of all applicable village regulations and shall be generally complementary with surrounding properties and traffic operations. The size, location, design and lighting of the signs shall be considered in relation to adjacent sites, glare, traffic safety, and compatibility with adjoining properties.

      7.   Exterior Lighting: The site plan shall provide for exterior lighting that meets the following standards:

         a.   At the expense of the developer, all roads, driveways, sidewalks, parking lots and other common areas and facilities in unsubdivided and other developments shall be sufficiently illuminated to ensure the security of property and the safety of persons using such roads, driveways, sidewalks, parking lots and other common areas and facilities. Without limiting the generality of the foregoing standards, the following minimum standards shall apply:

            (1)   For residential uses, lights shall be installed in parking areas containing five (5) or more parking spaces and shall be illuminated between dusk and dawn. For nonresidential uses, lights shall be installed in all parking areas containing five (5) or more parking spaces and shall be illuminated between dusk and dawn, whenever said premises are open for operation. "Open for operation" shall be construed to mean any time that a retail business is open for the sale of goods or services or a retail, office or industrial facility actually has employees working within or upon said premises, other than guards or watchmen. Lights shall not be more than fifteen feet (15') in height in residential zoning districts, and not more than thirty feet (30') in height in other zoning districts.

            (2)   Where lighted areas are required, lighting shall be provided as follows:

 

 

Average foot-candles at property line shall not exceed 0.5 foot-candles as measured at the property line.

         b.   All lighting shall be constructed, positioned and maintained in such a way so as not to reflect light either directly or indirectly onto adjacent properties.

      8.   Parking And Loading: The number, location and dimensions of all parking and loading spaces and the design of parking and loading areas shall meet the requirements of all applicable village regulations.

      9.   Landscaping And Screening: Landscaping and screening on the site shall be provided in accordance with the following requirements:

         a.   Landscaping and screening shall be provided along property lines between nonresidential uses and residential uses.

         b.   All yards and open spaces surrounding buildings, parking lots, access drives and streets shall be landscaped with trees and shrubs, and shall be maintained by the property owner.

         c.   Trees in front yards shall be planted at a ratio of at least one 21/2-inch caliper shade tree (as measured 12 inches above grade) for every thirty feet (30') of street frontage. Strategic grouping of trees is encouraged, as opposed to even spacing of trees.

         d.   Yard areas shall be landscaped at a ratio of at least one shrub or tree for every ten feet (10') of the principal building's nearest exterior wall. Strategic grouping is also encouraged.

         e.   For parking areas greater than thirty (30) spaces, a minimum of twenty (20) square feet of interior landscaped area per space shall be provided. In order to qualify as an interior landscaped area, said area shall be located wholly within or projecting inward from the boundaries of the parking area.

         f.   All trash enclosure areas and containers shall be fully screened from streets and adjacent properties with a six foot (6') high sight obscuring fence, wall or landscaped area placed around said facility. All trash enclosures must be placed on a concrete pad sufficient to support said enclosure to the satisfaction of the zoning administrator.

         g.   All permanent outdoor storage areas of goods, products, materials, supplies, machinery equipment or overnight parking of commercial vehicles shall not be allowed in the front yard. Where permitted, permanent outdoor storage areas of goods, products, materials, supplies, machinery equipment or overnight parking of commercial vehicles shall be enclosed to a height of eight feet (8') above grade and screened to an opacity of not less than seventy five percent (75%). These requirements can be achieved by using any one or a combination of the following methods:

            (1)   The storage area can be screened with trees having a leafy structure or with fences having structural components through which only twenty five percent (25%) of the image is visible.

            (2)   Fences, berms and/or landscaping can be installed to a height where only twenty five percent (25%) of the image is visible.

            (3)   Fences, berms and/or landscaping can be installed having a width or design where only twenty five percent (25%) of the remaining horizontal image is visible.

      10.   Vehicular Access And Circulation: The site plan shall provide for the safe, convenient, uncongested and well defined access and circulation of vehicles. Access to the site shall be designed to minimize traffic conflicts. All streets and driveways shall be designed to meet all applicable village regulations.

      11.   Nonmotorized Transportation Access And Circulation: Safe, convenient, and aesthetically pleasing pedestrian and bicycle circulation routes shall be provided within and accessing the site.

      12.   Drainage And Storm Water Management: The site plan shall provide for site surface drainage and storm water management facilities that meet or exceed the applicable standards of the village. (Ord. 918, 9-5-2006)

   A.   Amendments: An applicant may request a change in an approved site plan. A change in an approved site plan which results in a major change shall require approval of the amendment by the village board of trustees after recommendation on the matter by the village planning commission. All amendments shall follow the procedures and conditions herein required for the original application submittal and review. A change considered only a minor change shall require only the submission of a revised plan to the village administrator or zoning officer.

   B.   Determination Of Major And Minor Changes: A determination of whether a change in an approved site plan is a major or minor change shall be made by the village administrator or zoning officer according to the guidelines below. The applicant may appeal the determination of a major change to the village planning commission in writing at least seven (7) days prior to the next regular scheduled planning commission meeting. The planning commission will vote to either uphold or reverse the determination. If the determination is upheld then the amendment shall proceed only according to the procedures set forth herein.

      1.   Guidelines For Major Change:

         a.   A change in the original concept of the development;

         b.   A change in the original use or character of the development;

         c.   A change in the type of dwelling unit as identified on the approved site plan;

         d.   An increase in the number of dwelling units planned;

         e.   Rearrangement of lots, blocks, or building tracts;

         f.   A change in the character or function of any street;

         g.   A reduction in the amount of land set aside for common open space;

         h.   An increase or decrease in any building area over five percent (5%);

         i.   An increase or decrease over five percent (5%) in any building height;

         j.   Significant variations in the design layout of the site plan, such as, but not limited to, the deletion, relocation or addition of on site improvements such as drives, parking lots, structures, berms, curbs, landscaping, utilities.

      2.   Guidelines For Minor Changes:

         a.   Any minor variations in layout that do not constitute a major change;

         b.   An increase or decrease in any building area less than five percent (5%);

         c.   An increase or decrease less than five percent (5%) in any building height;

         d.   Changes in the species of required trees, shrubs or ground cover designated on the site plan. (Ord. 918, 9-5-2006)

Fees for the review of site plans shall be established by resolution of the village board of trustees. In addition to the application fee for a site plan, the applicant shall also be required to execute a professional fee agreement and post the required deposit for such agreement. No action on any site plan application shall be taken by the village until the application fee, professional fee agreement, and deposit have been made. (Ord. 918, 9-5-2006)