§ 153.097 PUD APPLICATION PROCESS.
   (A)   Pre-application conference.
      (1)   Any owner of land for which a PRD, PMHP, PCD, or PID Zoning District classification is sought shall, prior to filing a formal application for approval of a PUD, attend a pre-application conference with the Planning Commission.
      (2)   The purpose of the conference is to allow the developer to present a general concept of the proposed development prior to preparation of detailed plans.
      (3)   For this purpose, the presentation shall include, but not be limited to, the following:
         (a)   A letter of intent from the developer establishing intentions as to the development of the land;
         (b)   A statement of ownership or option on all land in the proposed project area;
         (c)   A topographic survey and location map;
         (d)   Sketch plans and ideas regarding land use, dwelling type and/or other commercial or industrial structures, density, street and lot arrangement and tentative lot sizes; and
         (e)   Tentative proposals regarding water supply, sewage disposal, surface drainage and street improvements.
      (4)   The village officials shall advise the developer of the zoning requirements of any village plans that might affect the proposed development as well as the procedural steps for approval.
   (B)   Preliminary plan.
      (1)   The preliminary plan of the PUD shall be filed with the Planning Commission for consideration.
      (2)   The required procedure for consideration and approval of the preliminary plan shall be submission of the following.
         (a)   A written application for approval of a Planned Development, which shall be made in the manner prescribed and approved by the village.
         (b)   A preliminary development plan and report, with maps at a scale of 100 feet or less to the inch, including, as appropriate to the kind of Planned Development proposed, the following information presented in generalized form:
            1.   The proposed land uses and approximate height, bulk and location of principal structure sufficient to permit an understanding of the style of the development. Proposals containing residential units shall specify the number of housing units by size and type proposed within the overall development if the development is not to be staged;
            2.   Proposed automobile and pedestrian circulation patterns, including streets by type (major, collector or minor), width and ownership (public or private), pedestrian ways and existing or plotted streets proposed to be vacated;
            3.   Major off-street parking areas;
            4.   Proposed parks, playgrounds, pedestrian parkways and other major open spaces as well as the general form of organization proposed to own and maintain any common open space;
            5.   The general location of utility installations and easements;
            6.   If the development is to be in stages, an indication as to the order and timing of development and a demonstration that each stage, when completed, will complement any stage completed earlier and will form a reasonably independent unit even though succeeding stages are delayed;
            7.   Proposals for expediting provision of public facilities, utilities or services where lacking or unlikely to be available when needed for the Planned Development or for providing suitable private facilities, utilities or services. A report shall be provided, if appropriate in a particular development, containing proposals for improvement and continuing maintenance and management of any private streets; and
            8.   The substance of covenants, grants and easements or other restrictions proposed to be imposed upon the use of the land, buildings and structures, including proposed easements or grants for public utilities.
      (c)   The Planning Commission shall distribute application materials to the appropriate village staff which shall submit written comments to the Planning Commission within 30 days. Failure to submit comments shall indicate approval.
      (d)   The Planning Commission shall study materials received and confer with other agencies of government, as appropriate, to determine general acceptability of the proposal as submitted. In the course of the preliminary consideration, the Planning Commission may request and the applicant shall supply additional material needed to make specific determinations. Following the study, the Planning Commission shall hold a conference or conferences with the applicant to discuss desirable changes in the preliminary development plan and report. Recommendations of the Planning Commission to the applicant shall be in writing. Following any conference, agreements between the applicant and the Planning Commission as to changes in the preliminary plan and report or other matters to be recorded and acknowledged shall be in writing. On items where no agreement is reached, or where there is specific disagreement, this fact shall be recorded, and the applicant may place in the record their reasons for any disagreement.
      (e)   The Planning Commission shall schedule a public hearing (in accordance with the Ohio Revised Code) within 30 days of the village staff’s approved sign-off date, after which the Planning Commission shall make its recommendations to the Village Council. The recommendations shall indicate approval, approval with specific reservations or disapproval with reasons. With the recommendations, the Planning Commission shall transmit to the Village Council, within 30 days, the latest draft of the preliminary plan and report submitted by the applicant, a record of agreements reached and matters on which there was no specific agreement, including any reason recorded by the applicant for the disagreement.
      (f)   The Village Council shall schedule a public hearing for the preliminary plan and the respective Planned Development zone designation after receiving the proposal from the Planning Commission. Within 30 days after receipt, the Village Council shall approve the proposal, approve it subject to conditions or deny it. If approved, the area of land marked shall be redesigned PRD, PMHP, PCD or PID and shall be used only in accordance with the uses and densities shown on the Planned Unit Development preliminary plan.
   (C)   Final plan.
      (1)   The final Planned Unit Development plan shall conform substantially to the preliminary plan as approved and shall be filed within six months after approval of the preliminary plan. If desired by the developer, the final plan may be submitted in stages, with each stage reflecting a portion of the approved preliminary plan, which is proposed to be recorded and developed, provided that the portion conforms to all the requirements of this chapter.
      (2)   The required procedure for approval of a final plan shall be as follows.
         (a)   The final plan and supporting data shall be filed with village officials who, in turn, shall forward copies to the Planning Commission for certification that the final plan is in conformity with this chapter and in agreement with the approved preliminary plan.
         (b)   Similar modifications of standards contained in other regulations or policies applying generally may be reflected in the maps and reports if the Planning Commission finds and certifies, after consultations with other agencies of government as appropriate in the specific case, that the public purposes of regulations or policies are as well or better served by specific proposals of the formal plan and reports.
         (c)   A general site and land use plan for the Planned Development as a whole, indicating sub-areas for phased development, if any; the location and use of structures and portions of structures in relation to building site lines; building sites reserved for future use and uses for which sites are reserved; automotive and pedestrian circulatory networks; principal parking areas; open space not in building sites and the use for which this open space is intended; and any other matters as are required to establish a clear pattern of the relationships that exist between structures, uses, circulation and land shall be filed.
         (d)   After review of the final plan and supporting data, the Planning Commission shall approve or disapprove the plan within 30 days after submittal by the developer. Disapproval of the final plan shall include a clear statement of the reasons.
         (e)   The Planning Commission shall then forward the final plan, together with its recommendations, to the Village Council. The Village Council shall review the recommendations of the Planning Commission at its next regular meeting and shall approve, approve subject to conditions or deny the final application.
   (D)   Recording of final plan.
      (1)   After approval by the Village Council of the final plan, village officials shall see that all the requirements of the village are complied with before the final plan is sent to the Shelby County Recorder for recording.
      (2)   The purpose of the recording is to designate with particularity the land subdivided into conventional lots, the dimensions of other lands not so treated into common open areas and building areas and to designate each building or structure as well as the use of land in general.
      (3)   No final plan within the village shall be so recorded unless it has the approval of the Village Council inscribed thereon.
   (E)   Zoning permit.
      (1)   No zoning permit shall be issued by village officials until the final plan has been approved and duly recorded, and the Planning Commission has approved the detailed plans.
      (2)   Before any zoning permit may be issued in the Planned Development, all agreements, contracts and deed restrictions shall be submitted in a form acceptable to the village.
      (3)   No zoning permit shall be issued for construction in any PUD District until all required public improvements are installed or a performance bond in the amount of 110% of the estimated cost of the public improvements is posted with the Village of Anna.
(Ord. 1227-98, passed 1-12-1999) Penalty, see § 153.999