A.   Site plan review is a process for the assessment of land development or redevelopment proposals to ensure that they are considerate of and compatible with the surrounding area and fulfill, both within and around the site, the planning principles of safety, convenience, efficient use of land and design consistent with the character of the Village. Site plan review is in addition to zoning review and compliance. (Ord. 2640, 5-23-1995)

   B.   The development of Village owned buildings or property shall be exempt from the requirements of this Section. (Ord. 2657, 11-13-1995)

   A.   Any project which meets all the applicable requirements of this Zoning Title and is greater than ten thousand square feet of land area or five thousand square feet or more of gross floor area located in the R3, R4, C1, C2, C3, ORIC or PRI Districts shall only be permitted when it is approved in accordance with the provisions of this Section.

   B.   Each site plan review shall be presented and judged on its own merits. It shall not be sufficient to base justification for approval upon an already existing project.

   C.   The development of any parcel or tract of land which has been submitted to the Village as a planned development pursuant to Chapter 19 of this Zoning Title shall not be subject to the approval process of this Section.

   D.   Site plan review approval must be obtained in accordance with the provisions of this Section if both of the following conditions exist:

      1.   The proposed project involves a parcel of land held in common ownership with a contiguous parcel which obtained site plan review approval within three years prior to the date of this application; and

      2.   The parcel proposed for development, when combined with the contiguous parcel that is held in common ownership with the subject parcel, equals or exceeds the general provisions contained in subsection A of this Section. (Ord. 2640, 5-23-1995)

An application for site plan review approval shall be granted by the Development Review Board only if it finds that the applicant has demonstrated that at a minimum the proposed project complies with the following standards:

   A.   The proposed project is consistent with the goals and policies of the Comprehensive Plan;

   B.   The establishment, maintenance, or operation of the project will not be detrimental to or endanger the public health, safety, comfort, morals, or general welfare of the residents of the Village;

   C.   The proposed project will not diminish the use or enjoyment nor impede the development of other property in the vicinity for those uses or combination of uses which are permitted by the Zoning Title of the Village;

   D.   The proposed project will not diminish property values in the vicinity;

   E.   Adequate measures already exist or will be taken to provide ingress and egress to the proposed project in a manner that minimizes traffic congestion in the public streets;

   F.   The proposed project will be consistent with the character of the Village;

   G.   The project will not materially affect a known historical or cultural resource;

   H.   The design of the project considers its relationship to the surrounding area and minimizes adverse effects, including visual impacts of the proposed project on adjacent property;

   I.   The design of the proposed project promotes a safe and comfortable pedestrian environment; and

   J.   The project has included adequate consideration consistent with these standards for buffers, landscaping, fencing, lighting, signage, building materials, public open space, and other improvements to be associated with the proposed project. (Ord. 2640, 5-23-1995)

The following steps are provided to assure the orderly review of every site plan review application in a timely and equitable manner:

   A.   Prefiling Review And Transmittal Of Application:

      1.   Conference:

         a.   A prospective applicant, prior to submitting a formal application for a site plan review, shall meet for a prefiling conference(s) with the Zoning Administrator, the Director of Public Works and any other Village official designated by the Village Administrator. The purpose of the conference(s) is to help the applicant understand the Comprehensive Plan, the Zoning Title, the standards by which the application will be evaluated, and the application requirements.

         b.   After reviewing the site plan review process, the applicant may request a prefiling conference with the Village staff to discuss a request for waiver of any application requirement which in the applicant's judgment should not apply to the proposed project. Such request shall be made in writing prior to the submission of the formal application documents.

         c.   All requests for waiver shall be reviewed within ten working days by the Zoning Administrator and a final determination regarding the waiver shall be given to the prospective applicant within five working days.

      2.   Site Plan Review Application: Following the completion of the prefiling conference(s), the applicant shall file the application for a site plan review. The Zoning Administrator may deliver copies of an application to other appropriate Village departments for review and comment.

      3.   Application Review: The Zoning Administrator shall determine whether the application is complete for purposes of initiating the site plan review. If the Zoning Administrator determines that the application is not complete, he shall notify the applicant in writing of any deficiencies and shall take no further steps to process the application until the deficiencies are remedied.

      4.   Development Review Board: A copy of the complete application and a written report incorporating the comments of Village staff and other agencies regarding the compliance of the proposed development with the requirements and standards of this Section shall be delivered to the Development Review Board.

      5.   Determination Not Binding: Neither the Zoning Administrator's determination that an application is complete nor any comment made by the Zoning Administrator at a prefiling conference or as part of the review process shall be intended or construed as a formal or informal recommendation for the approval of a site plan review for the proposed project, or component part thereof, nor shall be intended or construed as a binding decision of the Village, the Development Review Board or any staff member.

   B.   Review and Action by the Development Review Board:

      1.   Upon receiving the written report from the Zoning Administrator, the Development Review Board shall review and act upon the site plan review at its next regular meeting.

      2.   The Development Review Board shall review the application, the standards and requirements established by this Zoning Title, the written report of the Zoning Administrator, and any oral and written comments received by the Development Review Board. Within thirty days following the regular meeting, the Development Review Board shall make specific findings addressing each of the standards set forth in Section 10-17-3 and shall approve, approve with conditions, or disapprove the site plan review.

   C.   Appeal to the Board of Trustees:

      1.   An applicant whose project did not receive site plan review Approval or received approval with conditions with which the applicant is not satisfied may, by written notice received by the Zoning Administrator within twenty days of the Development Review Board's determination, appeal the decision of the Development Review Board to the Board of Trustees. Upon receipt of the notice of appeal, the Zoning Administrator shall forward the complete application file along with the findings of the Development Review Board to the Board of Trustees.

      2.   Within sixty days of the filing of the notice of appeal, the Board of Trustees may deny the appeal, may refer the application to the Development Review Board for further review, may postpone further consideration pending the submittal of additional information including any application requirement previously waived, or may approve the site plan review with or without conditions.

      3.   Any action taken by the Board of Trustees pursuant to subsection C1 above shall require the concurrence of a majority of the Board of Trustees. (Ord. 2640, 5-23-95)

   A.   An application for a site plan review may only be filed by one who has an ownership interest, or the agents thereof, or any contract purchaser, or anyone holding an option to purchase the parcel of land on which the project is to be located, or any unit of government which either owns the parcel or proposes to acquire the parcel by purchase, gift, or condemnation.

   B.   Applications for a site plan review shall be filed with the Zoning Administrator in such form and accompanied by such information, with sufficient copies, as shall be established from time to time by the Zoning Administrator. Every application shall contain at a minimum the following information and related data:

      1.   The names and addresses of the owner of the subject property, the applicant and all persons having an ownership or beneficial interest in the subject property and proposed project.

      2.   A statement from the owner, if not the applicant, approving the filing of the application by the particular applicant.

      3.   A survey, legal description and street address of the subject property.

      4.   A statement indicating compliance of the proposed project to the Comprehensive Plan and the Zoning Title.

      5.   A scaled site plan showing the existing contiguous land uses, natural topographic features, zoning districts and public thoroughfares.

      6.   A scaled site plan of the proposed project showing the lot area, required yards and setbacks, contour lines, common space and the location, bulk, and lot area coverage and heights of buildings and structures, number of parking spaces and loading areas.

      7.   Schematic drawings illustrating the design and character of the building elevations, types of construction, and floor plans of all proposed buildings and structures. The drawings shall also include a schedule showing the number, type, and floor area of all uses or combination of uses, and the floor area, of the entire project.

      8.   A landscaping plan showing the location, size, character and composition of vegetation and other material.

      9.   The substance of covenants, easements, and other restrictions existing and any to be imposed on the use of land, including common open space, and buildings or structures.

      10.   A schedule of development showing the approximate date for beginning and completion of each stage of construction of the project. (Ord. 2640, 5-23-95)

   A.   Approval of the site plan review in accordance with this Section authorizes the applicant to proceed with any necessary applications for building permits, certificates of occupancy, and other permits which the Village may require for the proposed development. The Zoning Administrator shall review applications for these permits for compliance with the terms of the site plan review approval. No permit shall be issued for the project which does not comply with the site plan review as approved.

   B.   An approval of a site plan review shall be null and void if the recipient does not file an application for a building permit for the proposed project within nine months after the date of the approval of the site plan review.

   C.   An application for a site plan review which has not been approved in accordance with this Section shall not be considered by the Village if it is resubmitted in substantially the same form and/or content within two years of the date of such denial.

      1.   The Zoning Administrator shall review the revised application for a site plan review and determine if the application is or is not substantially the same. An applicant has the right to request a review before the Development Review Board to appeal the determination of the Zoning Administrator, provided a petition for appeal is filed in writing with the Zoning Administrator within ten days of the decision.

      2.   The Development Review Board shall affirm or reverse the determination of the Administrator regarding whether the new application is in substantially the same form within thirty days of receipt of a petition for appeal.

      3.   If it is determined that the new application is not substantially in the same form, then the applicant is entitled to submit an application and have it reviewed in accordance with the provisions of this Section. (Ord. 2640, 5-23-95)