(a) Preapplication Conference. Prior to filing a formal application for approval of a Planned Development, the developer shall request a preapplication conference with the Brookville Planning Commission. The purpose of such conference is to allow the developer to present a general concept of his proposed development prior to the preparation of detailed plans. For this purpose, the presentation shall include, but not be limited to, the following:
(1) Written "letter of intent" from the developer establishing his intentions as to development of the land.
(2) Topographic survey and location map.
(3) Sketch plans and ideas regarding water supply, sewage disposal, surface drainage, and street improvements.
The Planning Commission shall advise the developer of the zoning requirements and Municipal Plan which might effect the proposed development as well as the procedural steps for approval.
(b) Preliminary Plan. The preliminary plans of the Planned Development shall be filed with the Zoning Inspector, who shall in turn forward copies to the Planning Commission for consideration. The required procedure for consideration and approval of the preliminary plan shall be:
(1) Submission of the following:
A. Written application for approval of a Planned Development shall be made on forms and in the manner prescribed by the Municipality.
B. The application shall be accompanied by a fee consistent with the prevailing fee structure established by the Municipality of Brookville.
(2) The Planning Commission shall study material received and confer with other agencies of government as appropriate in the case to determine general acceptability of the proposal as submitted. In the course of such preliminary consideration, the Planning Commission may request, and the applicant shall supply, additional material needed to make specific determinations.
(3) Following such study, the Planning Commission or its staff shall hold a conference or conferences with the applicant to discuss desirable changes in the first or succeeding drafts of the preliminary development plan and report.
(4) Recommendations of the Planning Commission to the applicant shall be in writing, and following any such 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 by the Planning Commission and the applicant. On items on which no agreement is reached, or there is specific disagreement, this fact shall be recorded and the applicant may place in the record his reasons for any disagreement.
(5) When the preliminary development plan and report have been approved in principal (as a whole or with reservations specifically indicated) or when the applicant indicates in writing that no further negotiations with the Planning Commission are desired before proceeding, the Planning Commission shall schedule the proposed plan for a public hearing, following which it shall make its recommendations to Council. Such recommendations shall indicate approval, approval with specific reservations, or disapproval with reasons. With such recommendations, the Planning Commission shall transmit within sixty (60) days the latest draft of the preliminary plan and a report submitted by the applicant, a record of agreements reached, and matters on which there was no specific agreement, including any reasons recorded by the applicant for any such disagreement.
(6) Council shall schedule a public hearing for the preliminary plan and respective planned development zone designation after receiving the proposal from the Planning Commission. Within 60 days, the Council shall approve the proposal, approve subject to conditions, or deny the proposal. If approved, the area of land marked shall be redesignated PR Planned Residential District, PMH Planned Mobile Home Residential District, PVR Planned Residential Vehicle Park District, PC Planned Commercial District, PI Planned Industrial District and shall be used only in accordance with the uses and densities shown on the Planned Development Preliminary Plan.
(c) Final Plan. The Final Planned Development Plan shall conform substantially to the preliminary plan. If desired by the developer, it 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, however, that such portion conforms to all requirements of these regulations. The required procedure for approval of a final plan shall be:
(1) The final plan and supporting data shall be filed with the Zoning Inspector who in turn forwards copies to the Planning Commission for certification that the final plan is in conformity with these regulations and in agreement with the approved preliminary plan.
(2) After review of the final plan and supporting data, the Planning Commission shall approve or disapprove the plan within 60 days after submittal by the developer. Disapproval of the final plan shall include a clear statement of the reasons therefore.
(3) The Planning Commission shall then forward the final plan together with their recommendations to the Council. The Council shall review the recommendations of the Planning Commission at the next regular meeting of the Council, and shall approve, approve subject to conditions, or deny the final application.
(d) Recording of Final Development Plan. After approval by the Council of the final plan, the Zoning Inspector shall see that all requirements of the Municipal Subdivision Regulation have been complied with before the Final Development Plan is presented to the Montgomery County Recorder for recording. The purpose of such recording is to designate with particularity the land subdivided into convenient lots as well as the dimension of other lands, not so treated, into common open areas, and to designate each building or structure, as well as the use of the land in general. No Final Development Plan within the corporate limits of Brookville shall be so recorded unless it shall have the approval of Council inscribed thereon.
(Ord. 1987-05. Passed 8-4-87.)
(Ord. 1987-05. Passed 8-4-87.)
(e) Building Permit. No building permit shall be issued by the Zoning Inspector until the Final Development Plan has been approved and duly recorded and the Planning Commission has approved the detailed plans (described in Section 1151.04(c)).
In Planned Development Overlay Districts, no building permit shall be issued by the Zoning Inspector until he has made the following determinations:
(1) The building design is an approved design for this planned development, or is a building design that has been added to the approved designs for this planned development pursuant to the procedure set forth in Section 1151.05(b). The Zoning Inspector may, in his discretion, issue a building permit for a building design with minor alterations from an approved design provided that the building will be compatible with other buildings within the planned development.
(2) The plot plan for the building complies with all applicable setback requirements and any other applicable requirements of this planned development.
(3) The building design will not violate Section 1151.15(f)(5) by use of the same building design proposed for this building permit as the building design on a lot that abuts the lot that is the site for this building permit, or any other required dispersal of building designs within the planned development as approved by the Planning Commission and City Council in the approval of the planned development under Section 1151.04.
(4) The decision of the Zoning Inspector to deny a building permit under this section shall be appealable to Planning Commission, and the Planning Commission shall hear said appeal at its next regularly scheduled meeting.
(Ord. 2006-10. Passed 2-20-07.)
(f) The Zoning Inspector shall issue no certificate of occupancy until all utilities have been accepted by the Municipality in accordance with the Final Development Plan.
(Ord. 1987-05. Passed 8-4-87.)