(a)

Purpose and intent. In order that the physical environment of the Village be developed in a way that will provide the maximum degree of aesthetic satisfaction through architectural and natural beauty and harmony and thereby provide most satisfyingly for the well-being and contentment of its inhabitants as well as for greater economic stability through preservation and enhancement of property values, it is deemed necessary to exercise regulation over the architectural appearance and construction of buildings erected, remodeled or in any way placed within the Village. Such regulations are herein known as Site Plan and Plan of Operation (SPPO) Plans.

The Site Plan and Plan of Operation is not intended to impose a pattern of regimented conformity to any specific architectural style or taste established by the governing body, a review board, or the existing residents of any area; but is intended solely to prevent any development which would substantially affect adversely the existing or potential beauty and character of the neighborhood, reduce its desirability, and depreciate surrounding property values.

(b)

Site plan and plan of operation exemptions: administrative reviews.

(1)

Single-family and two-family uses: Single-family or two-family residential development activity on unplatted lands or associated with an approved final plat of a subdivision or certified survey map shall be exempt from Plan Commission Site Plan and Plan of Operation approval. All plans for single-family or two-family residential development activity shall be approved administratively.

(2)

Signs: Where in the determination of the Zoning Administrator, a proposed change to an approved sign is deemed non-substantial, said changes may, in the sole determination of the Zoning Administrator, be exempted from Plan Commission Site Plan and Plan of Operation approval.

(c)

Site plan and plan of operation required.

(1)

Purpose: The purpose of this Section is to specify the requirements and procedures for the review and approval of site plan applications. The provisions of this Section are designed to ensure that all proposed land use and development activity complies with the requirements of this Ordinance. Specifically, this Section requires that the initiation of all development activity (including building permits, zoning permits, occupancy permits for a change of use of an existing lot or structure where there is contemplated a site plan revision, clear cutting, grading or filling) require the approval of Site Plan and Plan of Operation Plans (herein referred to as SPPO Plans) by the Plan Commission and the Village Board before the zoning, occupancy, and building permits can be issued.

(2)

Application procedure.

a.

Initiation of Request for SPPO Plan Approval: Procedures for approval of a site plan shall be initiated by the owner(s) of the subject property, or their legally authorized representative(s).

b.

Pre-Application Meeting: The petitioner is strongly encouraged to first meet with the Zoning Administrator and other applicable Village Staff to discuss preliminary concepts and plans for the development. Guidance will be provided to the Petitioner on technical requirements and procedures, and a timetable for project review may be discussed.

(3)

Application requirements: Petitioner shall submit a complete SPPO Plan application, accompanied by all fees and deposits, which from time to time may be adopted by the Village Board and in effect at the time of submittal. A complete application shall be comprised of all of the following (as applicable to particular development):

a.

Written Description of the intended use describing in reasonable detail the:

1.

Full name and contact information of the petitioner and/or agent, and property owner, if different;

2.

Full name and contact information of petitioner's engineers/surveyors/architects, and other design professionals used in SPPO Plan preparation;

3.

Existing zoning district(s) and proposed zoning district(s) if different;

4.

Current land uses present on the subject property;

5.

Proposed land uses for the subject property;

6.

Land use designation(s) as depicted on the adopted Comprehensive Plan;

7.

Description of existing environmental features;

8.

Projected number of residents, employees, and/or daily customers;

9.

Proposed amount of dwelling units, floor area, open space area, and landscape surface area, expressed in square feet and acreage to the nearest one-hundredth of an acre;

10.

Resulting site density, floor area ratios; open space ratios, and landscape surface area ratios;

11.

Operational considerations relating to hours of operation, projected normal and peak water usage, sanitary sewer or septic loadings,

12.

Traffic generation;

13.

Operational considerations relating to potential nuisance creation pertaining to the appropriate design of street access, traffic visibility, parking, loading, exterior storage, exterior lighting, vibration, noise, air pollution, odor, electromagnetic radiation, glare and heat, fire and explosion, toxic or noxious materials, waste materials, drainage, and hazardous materials.

14.

Exterior building and fencing materials;

15.

Possible future expansion and related implications for (1) to (14), above; and

16.

Any other information pertinent to adequate understanding by the Plan Commission of the intended use and its relation to nearby properties.

b.

Property Site Plan drawing which includes:

1.

A title block which provides all contact information for the petitioner and/or agent, and property owner if different;

2.

Full name and contact information of petitioner's engineers/surveyors/architects, and other design professionals used in SPPO Plan preparation;

3.

The date of the original plan and the latest date of revision to the plan;

4.

A north arrow and a graphic scale. Said scale shall be in engineering scales, and shall not be smaller than one inch equals 100 feet unless otherwise allowed;

5.

A legal description of the subject property;

6.

All property lines and existing and proposed right-of-way lines with bearings and dimensions clearly labeled;

7.

All existing and proposed easement lines and dimensions with a key provided and explained on the margins of the plan as to ownership and purpose;

8.

All required building setback and offset lines;

9.

All existing and proposed buildings, structures, and paved areas, including building entrances, walks, drives, decks, patios, fences, walls;

10.

All existing and proposed utility and drainage systems, connections and fixtures;

11.

All requirements of the Village Fire Code;

12.

The location and dimension of all access points onto public streets including cross-section drawings of the entry throat;

13.

The location and dimension of all on-site parking (and off-site parking provisions if they are to be employed), including a summary of the number of parking stalls provided versus required by this Code;

14.

The location and dimension of all loading and service areas on the subject property and labels indicating the dimension of such areas;

15.

The location of all outdoor storage and refuse disposal areas and the design of all screening devices;

16.

The location, type, height, size and lighting of all signage on the subject property;

17.

The location, height, design/type, illumination power and orientation of all exterior lighting on the subject property including photometric plans.

18.

The location and type of any permanently protected green space areas;

19.

The appropriate bufferyard and/or screening between dissimilar uses;

20.

The location of all environmental features including wetlands, floodplains, environmental corridors, steep slopes, forest areas or any other permanently protected natural resource area protected under Local, State or Federal regulations;

21.

The location of existing and proposed drainage facilities; and

22.

Building Heights.

c.

A Detailed Landscaping Plan of the subject property, at the same scale as the site plan showing:

1.

The name and address of the property owner, the landscape architect or designer who prepared the plan.

2.

The name of the proposed project.

3.

The plan preparation date and the date of any revisions thereto.

4.

A graphic scale and a north arrow.

5.

A legal description of the property.

6.

A plat of survey, or a sketch drawn to scale.

7.

The location, caliper (size), and common name of all existing deciduous trees six (6) inches or larger in diameter at breast height (d.b.h.), all existing coniferous trees 10 feet or greater in height, and the boundaries of any existing woodlots.

8.

Identification of all trees inventoried which are to be moved or destroyed.

9.

The location of all proposed plantings.

10.

A planting schedule showing all symbols intended to represent plantings, quantities of plant materials, and common and botanical names of plant materials, size and caliper of plant materials, root specifications, and special planting instructions.

11.

Typical Sections and details of fences, tie walls, planting boxes, retaining walls, berms, and other landscape improvements.

12.

Typical Sections of landscape islands and planter beds identifying materials to be used.

13.

Details of planting beds and foundation plantings.

14.

Delineation of sodded areas, seeded areas, and wilderness areas indicating square footage, materials to be used, and seed mixtures.

15.

Where landscape or man-made materials are used to provide required screening or buffers from adjacent properties or public rights-of-way, a cross-Section shall be provided drawn to a recognized engineering scale illustrating the prospective of the site from the neighboring property and property line elevation.

d.

A Grading and Erosion Control Plan to be approved by the Village Board. Said plans are not subject to Plan Commission review but are required to be submitted concurrent with SPPO Plan applications in order for the submittal to be complete.

e.

Elevation Drawings of proposed buildings or proposed remodeling of existing buildings showing finished exterior treatment, with adequate labels provided to clearly depict exterior materials, texture, scale, color and overall appearance.

f.

Color Renderings and Perspective Renderings The Plan Commission reserves the right to require perspective renderings, but not in lieu of adequate drawings showing the actual intended appearance of the buildings.

g.

Photo Simulations and 3-D virtual visualizations of the proposed project and/or photos of similar structures may be voluntarily submitted and may be required by the Plan Commission, but not in lieu of adequate drawings showing the actual intended appearance of the buildings.

h.

A Plat of Survey shall be required for all projects. The survey shall be prepared by a Registered Land Surveyor and shall depict property lines, and existing and proposed buildings, structures, and paved areas.

i.

A Developers Deposit in an amount required by adopted policies of the Village Board may be required from time to time. The purpose of the Developers Deposit is to provide a surety to address all charges required to be paid by a petitioner. The requirement for submittal of a Developers Deposit for specific projects may be modified or waived by the zoning administrator.

(d)

Review by plan commission & village board.

(1)

The Plan Commission, in its consideration of the submitted SPPO Plan application, shall take into account the basic intent of the Zoning Ordinance to ensure attractive, efficient, and appropriate development of land in the community, and to ensure particularly that every reasonable step has been taken to avoid depreciating effects on surrounding property and the natural environment. Beyond protection of the public health, safety and welfare, and morals, this Section shall enable the Plan Commission to consider factors related to community aesthetics, urban design, and architectural consistency within the community. The Plan Commission, in reviewing the application may require such additional measures and/or modifications to any or all elements of the site plan as described in the application submittal required per Section 25-4-1(c)(2) as it deems necessary to accomplish this objective. If such additional measures and/or modifications are required, the Plan Commission may withhold approval of the SPPO Plan until a revision depicting such additional measures and/or modifications are submitted to the satisfaction of the Plan Commission, or may approve the application subject to the provision of a revised application reflecting the direction of the Plan Commission to the satisfaction of the Zoning Administrator or their designee. Such amended plans and conditions applicable to the proposed use shall be made a part of the official record, and development activity on the subject property may not proceed until the revised application has been approved pursuant to the procedures described herein.

(2)

In reviewing said application the Plan Commission shall make findings on each of the following criteria to determine whether the submitted SPPO Plan shall be approved, approved with modification, or denied:

a.

The public health and safety is not endangered;

b.

All standards of the Zoning Ordinance and other applicable Village, State and Federal regulations are met;

c.

Adequate Public Facilities (sewer/water) are provided;

d.

Adequate control of stormwater and erosion are addressed through submittals to be reviewed and approved by the Village Engineer per Municipal Code;

e.

The disruption of existing topography, drainage patterns, and vegetative cover is minimized insofar as is practical;

f.

Appropriate traffic control and parking are provided;

g.

Appropriate landscaping and open space areas are provided;

h.

The appearance of structures maintains a consistency of design, materials, colors, which comply with the general architectural guidelines adopted by the Village.

(3)

Architectural control: In order that the physical environment of the Village is developed in a way that will provide the maximum degree of aesthetic satisfaction; through architectural and natural beauty, harmony with adjacent facilities, and thereby provide the most appealing development for the well-being, and contentment of its inhabitants. In addition, to promote greater economic stability through preservation and enhancement of property values, it is deemed necessary to exercise regulation over the architectural appearance and construction of buildings erected, remodeled, or in any way placed within the Village. Such regulations are not intended to impose a pattern of regimented conformity to any specific architectural style or taste established by the Plan Commission, review board, or the existing residents of any area; but is intended solely to prevent any development which would substantially adversely affect the existing or potential beauty and value to the community, the characteristics of the neighborhood—potentially reducing its desirability and depreciating surrounding property values.

To implement and design criteria for the purposes stated above, to promote Four-Sided Architecture and Quality in Design Standards, the following standards are established:

a.

No building shall be permitted a design or exterior appearance which is unorthodox or has abnormal character in relation to the surrounding properties as to be unsightly or offensive to generally accepted tastes of the community and professional judgment of the Planning Commission.

b.

No building shall be permitted where any exterior surface is not constructed or faced with a finished material which is aesthetically compatible with the exterior surface of adjacent buildings and presents an attractive appearance to the public and to surrounding properties.

c.

No building or addition to any building shall be permitted to be sited on the property in a manner which would interfere with the peaceful enjoyment and natural light of adjacent buildings.

(3)

Initiation of land development activity: Except with the written permission of the Zoning Administrator and the Building Inspector or their designees, absolutely no land use or development activity, shall occur on the subject property prior to the approval of the required SPPO Plan or SPPO Plan Amendment. Any such activity prior to such approval shall be a violation of this Chapter and shall be subject to all applicable enforcement mechanisms and penalties.

(4)

Compliance in perpetuity: Any SPPO Plan granted through the authority of this Section shall be perpetually binding upon the development and all aspects of the approval given shall be followed. Further, SPPO Plans referenced above, shall be perpetually binding to the extent that:

a.

All buildings and structures shall be maintained in a tasteful, safe and appropriate manner as they were originally approved for.

b.

All landscaping shall be periodically groomed and/or replaced when necessary.

c.

All drives, parking and pedestrian areas shall be kept in a safe and passable condition. This includes the maintaining of the appropriate pavement markings and the refinishing of the asphalt or concrete when it should become deteriorated.

d.

All natural areas and environmental areas identified for protection shall be maintained in manner which preserves their aesthetic and natural function.

e.

All repairs and maintenance shall be executed in a timely manner.

(5)

Approval follow thru inspection: The Zoning Administrator or designee shall make a final inspection of all new buildings, building sites, additions and alterations of properties that have received Plan Commission and Village Board approvals in order to assure all approvals from Planning Commission have been accomplished. The inspection shall be made at the same time final inspections are requested as part of building permits or, in the case building permits aren't required for the improvements, the inspection shall be made upon the developer notifying the Zoning Administrator that the improvements have been accomplished. If all approvals have been followed, a certificate of occupancy will be allowed. If further improvements are required, the certificate of occupancy will be withheld until such time the improvements are completed. A certificate of occupancy may be issued subject to certain items being completed within a given amount of time, however, if the items are not completed within the given timeframe, the certificate of occupancy can be revoked. Revocation of the certificate of occupancy requires all business use of the property to cease immediately until such time a new certificate of occupancy is given.

(6)

Modifications to approved plans: Where modification to an approved SPPO Plan is requested, the Zoning Administrator or designee is authorized, upon review of the proposal, to make a determination that the modification is either a non-substantial change or a substantial change to the approved SPPO Plan. Where it is determined that the modification is non-substantial, the Zoning Administrator or designee may approve the modification. Where it is determined that the modification is a substantial change to the approved SPPO Plan, said Plan shall be revised and review by the Plan Commission and the Village Board pursuant to the procedures of this Section above, so as to clearly and completely depict any and all proposed modifications to the previously approved SPPO Plan, prior to the initiation of said modifications.

(7)

Expiration: Approvals granted for building, site and operation plans in which the petitioner has not commenced construction activity or preparation of the land, or has not submitted a Certified Survey Map or Preliminary Plat within the past 12 months of the date of approval, said approval will expire and reapplication will be required. A reapplication shall be limited solely to reasonable compliance with current design, locational, and operational requirements. A reapplication shall not involve the basic permissibility of the use where such use is permitted by right at the time of reapplication. The Village may grant one six-month extension if requested 30 days prior to the pending expiration date provided that the applicant demonstrates a valid cause.

(Ord. No. 2024-6-24, 10-28-2024)

(a)

Any applicant submitting a development item that requires Village Board and/or Plan Commission review and approval processes may be required to submit a reimbursement agreement form at the time of application along with any other required fees for the proposal. The reimbursement form will be used to acknowledge reimbursement for the following activities during the duration of the development proposal will be sought:

(1)

Processing, reviewing, revising, and approving conceptual, preliminary or final development plans, including meeting time, regardless of whether the developer attended or participated in the meeting;

(2)

Processing, reviewing, revising, drafting and approving any agreements, easements, deed restrictions or other documents associated with the proposed use, and

(3)

Inspection and approval of construction and installation of all improvements provided for in the development, including, but not limited to, consultation reasonably required to address issues and problems encountered during the course of design and construction of the development.

(4)

Costs of Village consultants including engineers, planners, attorneys, inspectors, ecologists, agents, sub-contractors and the Village's own employees. Such costs shall also include those for attendance at meetings. The cost for outside services shall be the direct cost incurred by the Village. The cost for Village employees' time shall be based upon the classification of the employee and the rates established by the Village Board, from time to time, for each such classification.

(b)

The Village shall send notice of required payment of the above costs.

(Ord. No. 2024-6-24, 10-28-2024)