§ 30-6.7. Changes to approved final plans.

No changes may be made in the approved Final Plan, except upon application to the Village, according to the following provisions.

(a)

During Construction. During the construction of the planned unit development, the procedure is as follows:

(1)

Minor Changes. Minor changes, as required by engineering or other physical site circumstances not foreseen at that time that the Final Plan was approved and verified by the Village Engineer, may be authorized by the Zoning Administrator, who reserves the right to forward any requests for changes to the Village Board. Any item listed in Paragraph (2)(C) below is not considered a minor change. Any changes to the Final Plan must be recorded as amendments to the planned unit development ordinance. If changes are allowed in a final site plan, then a new site plan reflecting such changes must be filed with the Village noting the date of the changes.

(2)

Major Changes.

(A)

Major changes are those changes that substantially affect the basic design, density or bulk of the development. All changes in land use, building height or density of the development are considered a major change, and must be approved by the Village Board, after a public hearing by the Plan Commission, as an amendment to the planned unit development ordinance.

(B)

The Plan Commission must review the request for a major change at a public hearing within a reasonable time after receipt of a request. Within a reasonable time after the close of the public hearing, the Plan Commission must recommend either approval or denial of the request for a major change, and submit its written recommendation to the Village Board. The Village Board, after receipt of a recommendation from the Plan Commission, must approve, approve with conditions or deny the request for a major change within a reasonable time following the receipt of the Plan Commission recommendation. The Village Board may also decide that the request for a major change is so significant that it must be considered a new planned unit development application and should be resubmitted as such.

(C)

Major changes include, but are not limited to, the following:

(i)

A change equal to or greater than five percent (5%) in the number of dwelling units, the gross floor area of the development, or the gross floor area devoted to any particular use.

(ii)

A change of five (5) feet or more in building height.

(iii)

An increase in building coverage of more than five percent (5%) than that approved in the Final Plan (for example, an increase from 25% coverage to 30% coverage). Any building coverage increase above that permitted by this Ordinance is considered a major change.

(iv)

A decrease in open space.

(v)

A change in the location of any open space in any manner that detracts from its intended function in the previously approved plan.

(vi)

A change in excess of ten (10) feet in the location of walkways, vehicle circulation ways and parking areas, or exterior building or structure walls.

(vii)

A change in the location and arrangement of land uses within the development as shown on the previously approved final plan.

(viii)

A change or relocation of rights of way shown on the approved final plan in any manner or to any extent that decreases their functionality, adversely affects their relation to surrounding land use and rights-of-way elements, or reduces their effectiveness as buffers or amenities.

(ix)

An alteration, whether an increase or decrease, in the amount of any land use in any stage of the development by more than ten percent (10%) or a change in the overall final approved and use mix.

(x)

A reduction in the number of parking spaces or an increase of more than five (5) parking spaces. An increase of up to five (5) spaces is considered a minor change.

(xi)

A change to the landscape plan that results in a reduction in the net amount of plant material. Changes to the landscape plan that do not result in a reduction in the net amount of plant material, a change in plant species or a change that does not violate the landscaping requirements of this Ordinance is considered a minor change.

(b)

After Construction. After the completion of construction of the planned unit development, all changes to the Final Plan must be made by the Village Board under the procedure authorized for a special use (Section 30-5.3). Upon review of the proposed changes, the Village Board may determine that the proposed changes to the planned unit development constitute a new application and must be resubmitted as a new planned unit development application in accordance with this Article.

(Code 1993, § 20-6.7)