The following procedures shall be used to secure approval of a Planned Unit Development and the appropriate change of zoning resulting therefrom.
(a) The preliminary plan together with an application shall be filed with the Mayor or his designated representative. The preliminary development plan and accompanying documents shall be then forwarded to the appropriate Village of Cardington, Ohio, staff member(s) for a report(s); said report(s) shall be received by the Village of Cardington, Ohio, Planning and Zoning Commission. No conditional or provisional approval will be issued by the Planning and Zoning Commission prior to forwarding the recommendations on the final plan to Village Council.
(b) The Village of Cardington, Ohio, Planning and Zoning Commission shall have a reasonable time, not less than thirty days to consider the preliminary development plan and to report its recommendations to Council. When the report and recommendation of the Village of Cardington, Ohio, Planning and Zoning Commission has been received by Council, Council shall forthwith establish a date for a public hearing on the plan, giving notice using the appropriate posting and notice criterion. Which hearing shall be heard not later than 60 days following Council's receipt of the recommendation. Each member of the Village of Cardington, Ohio, Planning and Zoning Commission shall be given reasonable notice of the public hearing before Council and shall be permitted in his or her official capacity as a member of the Village of Cardington, Ohio, Planning and Zoning Commission to participate in the hearing and provide advice to Council. The report and recommendation of the Village of Cardington, Ohio, Planning and Zoning Commission on the preliminary development plan, shall be available for public inspection for the period of ten (10) days immediately preceding the public hearing. Within thirty (30) days following the hearing, Council shall take action either approving, modifying or rejecting the recommendations of the Commission.
If the action of Council is to modify or reject the recommendation, it must be passed by three-fourths (3/4) majority of the members of Council voting. Council shall adopt an ordinance not later than thirty (30) days thereafter consistent with the action taken; the passage of the ordinance shall constitute a rezoning of the property included in the preliminary development plan. If Council fails to pass an ordinance within the requisite time frame, the recommendation of the Planning and Zoning Commission shall be deemed approved.
(c) Within 240 days of notice of approval of the preliminary development plan, the applicant shall submit a final development plan for at least twenty percent (20%) of the gross area contained within the approved preliminary development plan. Such twenty percent (20%) submitted shall consist of the substantive part of the development and shall not be comprised of open space, parklands, etc., to the extent of more than one-fourth of the twenty percent (20%) submitted in the final development plan. Upon good cause shown by the applicant and by a majority vote of the Village of Cardington, Ohio, Planning and Zoning Commission, the Commission may extend the 240-day period if the request is submitted prior to the expiration date. The failure to submit a final development plan for at least twenty percent (20%) of the development within such 240-day period shall invalidate any prior approvals given or fees paid. The final development plan shall also be forwarded to the Village of Cardington, Ohio, Planning and Zoning Commission for study and approval. Copies of the final development plan shall also be forwarded to the Village Engineer, Clerk of the Village of Cardington, Ohio, Planning and Zoning Commission and other Village Departments and staff member(s) designated to receive copies of the plan for a report(s). Said report(s) shall have been received by the Village of Cardington, Ohio, Planning and Zoning Commission prior to the Village of Cardington, Ohio, Planning and Zoning Commission's approval of the final development plan.
(d) Following receipt of a final development plan and accompanying documents from the Village of Cardington Mayor or his designated representative, it shall be the duty of the Village of Cardington, Ohio, Planning and Zoning Commission to review such a plan and determine whether it complies with the regulations of this section, that it represents a detailed and precise expansion and delineation of the previously approved preliminary development plan, that it complies with all conditions which may have been given at the time of approval of the preliminary development plan and that the matters contained therein are consistent with sound zoning and planning concepts and the criteria established, or that before it can be considered, it requires an amendment of the preliminary development plan.
(e) If the Village of Cardington, Ohio, Planning and Zoning Commission finds that the final development plan complies in all respects with the regulations of this section and the previously approved preliminary development plan, the Village of Cardington, Ohio, Planning and Zoning Commission shall approve the plan and the chairperson of the Village of Cardington, Ohio, Planning and Zoning Commission shall affix his or her signature and approval date thereto attesting to such approval. If the Village of Cardington, Ohio, Planning and Zoning Commission finds that the final development plan necessitates revision of portions of the approved preliminary development plan located outside of the area to be included within the boundaries of the final development plan, it shall require that an amended preliminary development plan be submitted and approved in accordance with this section before the Planning and Zoning Commission may consider the final development plan. At such time as an amended preliminary development plan is so approved, consideration of such final development plan shall be given by the Village of Cardington, Ohio, Planning and Zoning Commission in accordance with subsections (a) and (b) hereof). Following approval of the final development plan and the attestation of such action by the chairperson of the Village of Cardington, Ohio, Planning and Zoning Commission, the applicant shall provide one mylar copy of all plans as part of the final development plan for records of the Village of Cardington, Ohio.
At any time, the applicant and/or his or her successors in title to the property may submit an amended preliminary development plan. In such an event, the same procedures shall be followed as in the case of an original preliminary development plan and if approved, such amended preliminary development plan shall in all respects be considered as if it were the originally adopted preliminary development plan.
(f) No later than six months following approval of the final development plan by the Village of Cardington, Ohio, Planning and Zoning Commission, a final subdivision plat prepared in accordance with all applicable requirements of the Subdivision Regulations for the Village of Cardington, Ohio, for the area covered by the final development plat shall be prepared for Council approval prior to appropriate recording. Such six-month period may be extended by the Commission for good cause.
(g) No final plat shall be approved by Council as a final plat unless:
(1) The owner has completed or has agreed in writing to complete all public improvements required by the final development plan within one year from the date of approval of the final plat or such extension of time as may be granted by Council and has agreed that he will maintain such public improvements for a period of one year after their acceptance by the Village of Cardington, Ohio.
(2) The owner has agreed that all construction work and materials used in connection with public improvements in the area platted will conform to the requirements of the Village of Cardington, Ohio, and be installed under the Village of Cardington, Ohio, Engineer's general supervision; that he will notify the Village of Cardington, Ohio, Engineer in writing three (3) days or more before any construction begins on such improvements in order to permit inspection; that he will hold the Village of Cardington, Ohio, free and harmless from any and all claims for damages of every nature arising or growing out of the construction of such improvements, and shall defend, at his cost and expense, any suit or action brought against the Village of Cardington, Ohio, by reason thereof, until the improvement has been accepted by the Village of Cardington, Ohio, that in the event of any violation of or noncompliance with, any of the provisions or stipulations of the agreement, the Village of Cardington, Ohio; shall have the right to stop the work forthwith and complete or cause that completion of such improvements according to the approved plat and agreement and that in such event the owner shall reimburse the Village of Cardington, Ohio, for any and all expenses incurred thereby.
(3) The owner has furnished bond or bonds payable to the Village of Cardington, Ohio, with sureties acceptable to Council conditioned upon performance by the owner of the agreement, or in lieu of such bond or bonds, some other security satisfactory to Council. The aggregate amount or value of such bond, -bonds and/or other security shall be equal to the sum of the following:
A. The bid price of constructing the public improvements not already constructed, and verified by the Village of Cardington, Ohio, Engineer; and
B. Ten percent (10%) of the bid price of construction of all required improvements for the purpose of maintaining them for one year.
(4) The owner has placed on deposit those funds which the Village of Cardington reasonably anticipates will be incurred by the Village in the construction process including but not limited to inspection, engineering and legal fees.
(Ord. 97-3. Passed 5-19-97.)
(Ord. 97-3. Passed 5-19-97.)