A. General Requirements: This Section of the UDO outlines a series of actions that are required for development reviews. These actions are: (Ord. 16-16)
1. Review by the City Planner;
2. Review by Planning Commission;
3. Review by the Board of Architectural Review;
4. Review by the City Council;
5. Floodplain permit process;
6. Major Subdivision process;
7. Final Plat Amendment process; and
8. Vacation of Streets, Alleys or Easements.
B. Review by the City Planner: The following outlines the procedure under which the City Planner reviews development proposals: (Ord. 16-16)
1. Pre-application Meeting: The applicant is encouraged to meet with the City Planner prior to submitting an application. The purpose of the meeting is to discuss the proposal and to provide feedback regarding applicable standards and requirements.
2. Formal Application Submittal: The applicant shall submit an application that meets all of the applicable requirements of the UDO. This shall occur consistent with the submittal schedule indicating application submittal and meeting dates established by the City Planner.
3. Application Certification by City Planner: Upon receipt of an application, the City Planner shall, within 5 days, review the application as to completeness. If it is incomplete, the City Planner shall advise the applicant of the deficiencies and shall not process the application until the deficiency is corrected. If it is complete and appropriate in the City Planner's professional judgment, the application shall be forwarded to the TRC, if applicable.
4. Review by the TRC: At the City Planner's Discretion, members of the TRC may review the application and provide comments within 5 days to the City Planner.
5. Action by the City Planner: Within 15 days of a complete application, the City Planner shall render a decision to approve, approve with conditions, or deny an application. The decision shall be communicated by permit, certificate of zoning compliance or letter to the applicant citing the reasons for the decision.
6. Appeal: The decision by the City Planner can be appealed to Planning Commission per Section 5.19.
C. Review by Planning Commission: The following outlines the procedure under which Planning Commission reviews development proposals: (Ord. 16-16)
1. Pre-application Meeting: The applicant is encouraged to meet with the City Planner prior to submitting an application. The purpose of the meeting is to discuss the proposal and to provide feedback regarding applicable standards and requirements.
2. Formal Application Submittal: The applicant shall submit an application meeting all of the applicable requirements of the UDO. This submittal shall occur consistent with the meeting dates and submittal schedule established by the Planning Commission.
3. Application Certification by City Planner: Upon receipt of an application, the City Planner shall, within 5 days, review the application as to completeness. If it is incomplete, the City Planner shall advise the applicant of the deficiencies and shall not process the application until the deficiency is corrected. If it is complete, the City Planner shall forward the application to the TRC, if applicable.
4. Preparation of Agenda and Public Notice: Following certification that an application is complete, the City Planner shall place the application on the agenda of Planning Commission's formal meeting in accordance with Article 5.06(D). Major Site Plan applications requiring Planning Commission approval are not subject to notification procedures. (Ord. 17-14)
5. Review by TRC: At the City Planner's discretion, the members of the TRC may review the application at a meeting and provide comments within 5 days to the City Planner.
6. Preparation of Staff Report: The City Planner shall prepare its staff report providing an analysis of the proposal and a recommendation. The City Planner shall consider comments from the TRC in formulating its recommendation. The application and written report shall be forwarded to the Planning Commission prior to the meeting at which the Planning Commission will consider the application.
7. Action by the Planning Commission: The Planning Commission shall consider the application at its formal public meeting. It shall hear a presentation by staff as appropriate, a presentation by the applicant, and comments by interested parties. The Planning Commission shall consider this information and render a decision at the public meeting. If necessary, it can table and continue hearing the application at a future public meeting date as announced by the Planning Commission, at which time it shall render a decision. In rendering a decision, the Planning Commission shall consider the applicable decision criteria of this UDO. For applications solely under its review authority, the Planning Commission shall approve, approve with conditions or deny an application. Its decision shall take effect immediately, or at the earliest date allowed by law. When applicable, the Planning Commission shall recommend a course of action to the City Council for those applications that require City Council review. (Ord. 18-13, 16-16)
D. Review by the Board of Architectural Review: The BAR shall follow the same development review procedure as Planning Commission as stated in Article 5.11(C) of this UDO.
E. Review by the City Council: The following outlines the procedure under which the City Council reviews development proposals: (Ord. 16-16)
1. Preparation of Agenda and Public Notice: Following a formal review and recommended course of action by the Planning Commission or Board of Architectural Review (if applicable), the Clerk of Council shall place the application on the agenda of the City Council and provide proper public notification in accordance with Article 5.06(D).
2. Preparation of Meeting Materials: The City Planner shall forward all relevant documentation reviewed by the Planning Commission or Board of Architectural Review (if applicable) to the Clerk of Council. Such documentation shall include the staff report, final decision letter, application materials, meeting minutes, correspondence from the public, and all other relevant documents.
3. Action by the City Council: The City Council shall consider the application at its formal public meeting. It shall hear a presentation by staff as appropriate, a presentation by the applicant as appropriate, and comments by interested parties. The City Council shall consider this information and render a decision at the public meeting. If necessary, it can table and continue hearing the application at a future public meeting date as announced by the City Council, at which time it shall render a decision. In rendering a decision, the City Council shall consider the applicable decision criteria of this UDO. The City Council shall approve, approve with conditions, or deny an application. Its decision shall take effect immediately, or at the earliest date permitted by law.
F. Floodplain Permit Procedure: The City Engineer is hereby appointed to administer and implement the UDO by granting or denying floodplain permit applications in accordance with its provisions.
1. Procedure: The City Engineer shall:
a. Review all floodplain permits to determine that the permit requirements of the UDO have been satisfied;
b. Review all floodplain permits to assure that all necessary permits have been received from those Federal, State or local governmental agencies from which prior approval is required. The applicant shall be responsible for obtaining such permits, as required including permits issued by the Department of the Army under Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act;
c. Review all floodplain permits to determine if the proposed development is located within a designated floodway. Floodways are delineated on the Flood Insurance Rate Map of the Flood Insurance Study. Floodways may also be delineated in other sources of flood information;
d. If the proposed development is located within a designated floodway, assure that the encroachment complies with the provisions of Section 9.37; and
e. If determined as appropriate, submit an application for a floodplain permit to the TRC for review prior to his or her approval.
2. Use of other Base Flood Elevation and Floodway Data: Areas of special flood hazard where base flood elevation data have not been provided by FEMA, in accordance with Section 9.37, Basis for Establishing the Areas of Special Flood Hazard, are designated as Zone A on Centerville's Flood Insurance Rate Map. Within these areas, the City Engineer shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source.
3. Information to be Obtained and Maintained: Where base flood elevation data are utilized within areas of special flood hazard on Centerville's Flood Insurance Rate Map, regardless of the source of such data, the following provisions apply:
a. Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor, including basement, of all new or substantially improved structures, and whether or not such structures contain an enclosure below the lowest floor; and
b. For all new or substantially improved flood proofed non-residential structures: verify and record the actual elevation (in relation to mean sea level) to which the structure was flood proofed; maintain the flood proofing certifications required in Section 9.37; and maintain for public inspection all records pertaining to the provisions of the UDO.
4. Alteration of Watercourse: The City Engineer shall also:
a. Notify adjacent communities and the Ohio Department of Natural Resources, Division of Water, prior to any alteration or relocation of a watercourse and submit evidence of such notification to the FEMA. A watercourse is considered to be altered, if any change occurs within its banks;
b. Maintain engineering documentation required in Section 9.37 that the flood carrying capacity of the altered or relocated portion of said watercourse will not be diminished;
c. Require that necessary initial construction and maintenance will be provided for the altered or relocated portion of said watercourse so that it remains where planned and the flood carrying capacity will not be diminished; and,
d. Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 5.19 of this UDO.
G. Subdivision – Major: Before any land is subdivided the owner of the property proposed to be subdivided, or the authorized agent, shall apply for and secure approval of the proposed subdivision in accordance with the following procedures, which includes a Preliminary Plat and Record plat. (Ord. 16-13)
1. Preliminary Plat
a. Pre-application Meeting: The Subdivider shall meet with the City Planner prior to submitting a Preliminary Plat for consideration by the Planning Commission.
b. Review by City Planner: Upon receipt of an application, the City Planner shall, within 5 days, review the application as to completeness. If it is incomplete, the City Planner shall advise the Applicant of the deficiencies and shall not process the application until all the necessary required information has been provided. If the application is complete, the City Planner shall submit the application to the TRC.
c. Review by the TRC: The TRC shall review the application after the City Planner determines that the application is complete and forward its comments within 18 days to the City Planner. The City Planner shall forward copies of all documents filed with the Planning Department to the Planning Commission along with any report or recommendation of the TRC.
d. Planning Commission Review: The Planning Commission shall review the application and render a decision on the Preliminary Plat; approve as requested, approve with modifications, or the plat be denied. The decision of the Planning Commission shall indicate the specific reasons(s) upon which their decision is based.
e. Zoning Certificate: The Subdivider shall submit to the City Planner five sets of plans meeting the submittal requirements of Section 5.13 and all conditions of approval by the Planning Commission to the City Planner for approval and signature.
f. Expiration: The Planning Commission's approval of a Preliminary Plat shall be effective for a maximum period of 1 year. The terms under which the approval was granted will not be affected by changes to the UDO. The approval of a Preliminary Plat will expire 1 year after the date of approval if a Record plat has not been approved for any section(s) or portion(s) of the Preliminary Plat. The Planning Commission may, upon written request by the Subdivider, grant 1 six-month extension of the Preliminary Plat approval. Such request must be granted by the Planning Commission prior to the expiration date.
2. Record Plat
a. Pre-application Meeting: The Subdivider is encouraged meet with the City Planner prior to submitting a Record plat for consideration by the Planning Commission.
b. Review by City Planner: Upon receipt of an application, the City Planner or a designated representative shall, within 5 business days, review the application and determine whether it provides all necessary and required information. If it is incomplete, the City Planner shall advise the Subdivider of the deficiencies and inform the Subdivider that no further action will be taken on the application until all necessary and required information has been submitted.
c. Review by TRC: The TRC shall review the application after the City Planner determines that the application is complete and forward its comments within 18 days to the City Planner. The City Planner shall forward copies of all documents filed with the Planning Department to the Planning Commission along with any report or recommendation of the TRC.
d. Planning Commission Review: The Planning Commission shall recommend, within thirty days after the public meeting that the record plat be approved as requested, approved with modifications, or the plat be denied. The decision of the Planning Commission shall indicate the specific reasons(s) upon which their decision is based.
e. City Council Review: Within thirty (30) days after approval of the Record plat by the Planning Commission, the plat shall be transmitted to the City Council. City Council shall approve as recommended by Planning Commission, approve with modifications, or deny the plat.
f. Subdivider's Agreement: Prior to recording of the Record plat, the Subdivider shall execute a Subdivider's Agreement with the City.
g. Recording of Record plat: After a Record plat has been approved by the City Council, the Subdivider shall make all modifications to the original mylars for submission to the City Clerk of Council. The Subdivider shall also submit with the original mylars the following information:
i. Construction drawings.
ii. Performance Bond.
iii. Fee for the Subdivider's Agreement.
iv. Any other fee required by this Record plat including a fee in-lieu of parkland dedication.
Record plats may not be recorded until all required signatures of officials have been placed on the Record plat. The City Clerk of Council shall release to the Subdivider the original mylars for recording at the County Recorder's Office upon completion of the following:
i. The Record plat has been properly signed by the appropriate officials.
ii. A Subdivider's Agreement between the City and the Subdivider is executed.
iii. The construction drawings are approved by the City Engineer and City Planner.
iv. All other necessary information is approved by the respective city officials.
v. All necessary fees are paid.
h. Construction Drawings: Five sets and one electronic copy of construction drawings for all improvements shall be provided to the City Planner for approval by the City.
i. Expiration of Approval: Approvals granted for a Record plat shall expire 1 year after the date of approval by the City Council.
j. Expedited Subdivision Procedure: In cases where the proposed subdivision includes less than 10 lots, to be developed in one phase, and is within a Planned Development Zoning District, the City Planner may elect to use the Expedited Subdivision Procedure. If so determined, the Subdivider may combine a Final Development Plan and Record plat. In doing so the same procedural steps for a Record plat will occur, however, a single set of documents for both the Development Plan and Record plat will be submitted as directed by the City Planner.
k. Single Lot Subdivisions: A Major Subdivision plat that consists of a single lot may be submitted to the City under this procedure. The City Planner is hereby authorized to review and decide single lot Major Subdivisions. The City Planner can submit the Preliminary Plat and Record plat as a single set of documents to the TRC for review. The City Planner will identify the appropriate documents for submittal.
H. Final Plat Amendment: Upon the application of an owner(s) of land described in a Record plat, the City Council may amend the Record plat, in whole or in part, where unusual or exceptional factors or conditions require the amendment to avoid undue hardship. (Ord. 16-13)
1. Plat Amendment Defined: A plat amendment is the alteration of a Record plat that changes any of the feature(s) required to be set forth in the plat by Section 5.11(F). The vacation or alteration of any street, road highway, alley, or easement by the City is not a plat amendment subject to the requirements of this section.
2. Filing Requirements: The Subdivider shall file with the City Planner a Record plat amendment which meets the requirements of Section 5.13(G) and other City ordinances as applicable, together with an application for approval and all necessary plans and drawings, a letter indicating the reasons for the amendment, and a fee for the review of said plat amendment.
3. Procedure: The procedure for a Record plat amendment shall be the same as a Record Plat established in Article 5.11(F)(2).
4. Record Plat Amendment is not a Variance: A Record Plat Amendment shall comply with all established requirements of the UDO. Any proposed modification that does not meet an established or minimum requirement shall be subject to the variance procedures outlined in Article 5.17 of the UDO.
I. Vacation of Streets, Alleys, or Easements and Street Name Changes: City Council may, by ordinance, vacate or alter any street, road, highway, alley, easement, or street name upon finding that there is good cause for such vacation or alteration. Any such vacation or alteration shall first be reviewed by the Planning Department, in order to make a recommendation to City Council. Notice of the intention of Council to vacate or alter any street, road, highway, alley, easement, or street name shall be published in a newspaper of general circulation in the City for six (6) consecutive weeks preceding such action unless all abutting landowners have filed written statements of consent to the proposed action with the City Clerk of Council, in which case no notice is required. Any application to vacate or alter any street, road, highway, alley, easement, or street name shall be accompanied by a fee of sufficient amount to cover all related costs incurred by the City. (Ord 5-18)