1115.06  MAJOR SUBDIVISIONS.
   (a)   A Major Subdivision is a platting of land for the purposes of development and transfer of ownership. It requires approval of a Preliminary Plat by the Planning Board, approval of a Final Plat by the Planning Board, acceptance by Council, and recording of the Final Plat prior to the transfer of land.  Before any land is subdivided into a Major Subdivision, the owner of the property proposed to be subdivided, or his/her/its authorized agent, shall apply for and secure approval of the proposed subdivision in accordance with the procedures of this Section.
   (b)   General Submittal Requirements: The following general requirements shall apply:
      (1)   Each request for a Subdivision shall include an application form, provided by the City, with the submittal;
      (2)   The TRC shall make the determination as to completeness, and only complete applications and Preliminary Plats/Final Plats shall be processed by the City;
      (3)   The City Engineer may request additional supporting information that in his professional judgment is necessary to fully explain the applicant’s proposal. The applicant shall supply the requested additional information;
      (4)   Legal Description of property or portion thereof;
      (5)    Payment of the application fee as established by Section 1105.09;
      (6)   The name(s), address(s), and telephone numbers of the applicant(s), and the property owner(s) if other than the applicant(s) with a notarized letter of authorization from the property owner; and
      (7)   A list of all owners of property that are contiguous to the parcel or lot proposed to be subdivided or that are across the street from it.  (The list shall based upon the Preble County Auditor’s current tax lists).
   (c)   Preliminary Plat and Base Information:  An application form shall be completed by the Developer/Subdivider and submitted with the Preliminary Plat and required supplemental information. The Preliminary Plat and base information shall be provided at the time of submittal.  The required fees shall also be paid at the time of application submittal.
      (1)   Drawing: The Preliminary Plat shall be drawn on 24-inch by 36-inch sheets to a scale of not less than 1 inch = 100 feet.  When more than one sheet is required, an index shall be incorporated into the title block.  The Preliminary Plat shall contain the following information at a minimum:
         A.   Name and address of developer, property owner, land planner, landscape architect, engineer and/or surveyor;
         B.   Adjoining property owners, deed references and/or recorded subdivision names, recording references and adjoining property structures within three hundred (300) feet or as specified by the City Engineer;
         C.   Vicinity map (section and range);
         D.   The ownership, acreage and boundaries of all adjacent properties within three hundred (300) feet of the subdivision or as specified by the City Engineer.  If a recorded subdivision adjoins the subject site, the subdivision name, lot numbers, block numbers and recording number shall be indicated with dashed lines;
         E.   North arrow;
         F.   Title block shall be in the lower right-hand corner. The title block shall include title “Preliminary Plat”, sheet title, proposed subdivision name, developer and Engineer who prepared the Plat, scale of the Plat, tax map and parcel numbers, sheet index, date and revisions numbered and dated;
         G.   Boundary of the proposed subdivision clearly indicated by a heavy line with bearings and distances; and
         H.   Existing topography at two- (2) foot intervals for slopes under 10 percent (10%) and at ten- (10) foot intervals for slopes 10 percent or greater. Contour lines shall be indicated fifty- (50) feet beyond the subdivision boundary.
      (2)   Existing Conditions: The Existing Conditions Map and text shall indicate the proposed subdivision and all property within two hundred (200) feet of the proposed subdivision or as specified by the City Engineer, the following conditions depicted to scale:
         A.   Existing generalized natural features;
         B.   Existing zoning;
         C.   Existing utilities, including: water; sanitary sewer and stormwater facilities, (indicating approximate pipe sizes and directions of slope); underground transmission lines; electric and telephone poles; street lights; fire hydrants; landfills; and public utility easements;
         D.   Existing streets and roads, including: locations, widths and names of all streets and roads; existing easements; and streets which have been preliminarily approved or recorded but which remain unimproved shall be indicated;
         E.   Existing community facilities, including parks and recreation facilities; and
         F.   Comprehensive Development Plan recommendations for the subject site and applicable zoning districts and standards.
      (3)   Proposed Subdivision Plan: The following proposed improvements are to be superimposed on top of the Existing Conditions Map:
         A.   Proposed generalized land use, including proposed building footprint;
         B.   Proposed layout of all proposed and existing lots with approximate dimensions and minimum area in square feet (acres if lot size is greater than 100,000 square feet), section number, phase number and part number, building lines, lot frontages and required setbacks;
         C.   Lot numbers in numerical or alphabetical order throughout the entire subdivision;
         D.   The location, dimensions, use and area of all property proposed to be reserved or temporarily reserved for public use, or reserved for the use of all property owners in the subdivision and the location, dimensions and purposes of any proposed easements; and
         E.   Total number of lots, area of lots and parcels, area of public roadways, areas of open space dedications, and total area of the subdivision.
      (4)   Proposed Water, Sanitary Sewer, and Stormwater: The following improvements are to be superimposed on top of the Existing Conditions Map: 
         A.   Proposed water system;
         B.   Proposed sewer system;
         C.   Proposed drainage and stormwater management systems, including: the type of structures; drainage easements; proposed changes in topography; the 100-year floodplain (floodway and floodway fringe shall be indicated separately); and
         D.   A preliminary storm drainage study including an evaluation of drainage structures and/or drainage systems, both upstream and downstream, affected by the drainage from the area covered by the Preliminary Plan, as directed by the City Engineer.
      (5)   Proposed Circulation: The following improvements are to be superimposed on top of the Existing Conditions Map:
         A.   Proposed streets and roads, including: widths of rights-of-way and pavements; tentative profiles of each street centerline; tentative horizontal curve data; and typical cross sections of each type of street proposed;
         B.   Proposed sidewalks and bike paths, including: locations; widths of rights-of-way; surface widths; and typical cross sections; and
         C.   Proposed locations of street trees and landscape features.
      (6)   Proposed Sedimentation and Erosion Control: The following improvements are to be superimposed on top of the Existing Conditions Map:
         A.   Locations and extent of tentative erosion and sedimentation control measures; and
         B.   Preliminary grading plan for the entire area covered by the Preliminary Plat.
   (d)   Final Plat:  An application form shall be completed by the Developer/Subdivider and submitted with the Final Plat. The application form shall be provided by the City Engineer. The required fees shall also be paid at the time of application submittal. The following supplementary information shall be supplied in addition to these requirements:
      (1)   Boundary Lines: All plat boundary lines with lengths of courses to hundredths of a foot and bearings to half minutes.  These boundaries shall be determined by an accurate survey in the field, which shall be balanced and closed with an error of closure of not to exceed one-to-ten-thousand.
      (2)   Recorded Streets: The exact location and the width along the property line of all existing recorded streets intersecting or paralleling the boundaries of the tract.
      (3)   Bearings: True bearings and distances to nearest established street bounds, patent or other established survey lines, or other official monuments, which monuments shall be located or accurately described on the plat. Any patent or other established survey or corporation lines shall be accurately monument-marked and located on the plat, and their names shall be lettered on them.
      (4)   Monuments: The accurate location and material of all permanent reference monuments.
      (5)   Site Layout: The exact layout including:
         A.   Streets and alley lines – their names, bearings, angles of intersection and widths (including widths along the line of any obliquely- intersecting street);
         B.   The chord length of all arcs – radii, points of curvature and tangent bearings;
         C.   All easements and rights-of-way, when provided for or owned by public services (with the limitation of the easement rights definitely stated on the plat); and
         D.   All lot lines with dimensions in feet and hundredths, and with bearings and angles to minutes if other than right angles to the street and alley lines.
      (6)   Lots and Block Numbers: Lots numbered in numerical order. In tracts containing more than a block the blocks may be likewise numbered in numerical order or lettered in alphabetical order. The City will assign addresses to the lots thirty (30) days after the Final Plat has been accepted by City Council.
      (7)   Property Offered for Dedication: The accurate outline of all property that is offered for dedication for public use, and of all property that may be reserved by covenant in the deeds for the common use of the property owners in the subdivisions, with the purpose indicated thereon.  All lands dedicated to public use other than streets or roads shall be marked “Dedicated to the Public.”  Streets and roads not dedicated shall be marked “Private Street.”
      (8)   Setback Lines: As shown on the Preliminary Plat.
      (9)   Name of Subdivision: Name of subdivision and name or number of the largest subdivision or tract of which the tract now subdivided forms a part.
      (10)   Adjoining Subdivision: Names and locations of adjoining subdivisions and location and ownership of adjoining unsubdivided property.
      (11)   Names of Owners, Etc.: Names and addresses of the owner of record, the subdivider, and of the Engineer or surveyor.
      (12)   North-Point, Etc.: North-point, scale, date and title.
      (13)   Engineer’s Certificate: A certificate by a registered professional engineer or surveyor to the effect that said plat was prepared by him, pursuant to an actual survey of the premises and that said plat is correct.
      (14)   Owner’s Certificate: A certificate by the owner of the land to the effect that he has caused said land to be platted and that he dedicates to public use the streets, parks and other lands indicated on the plat as intended for public use. This certificate shall be executed as a conveyance is executed.
   (e)   Application and Preliminary Plat Procedures:
      (1)   Preliminary Plat Pre-application Meeting:  If recommended by the City Engineer, the Developer/Subdivider shall meet with the City Engineer prior to submitting a Preliminary Plat for consideration by the Planning Board.
      (2)   Formal Application Submittal:  The applicant shall submit an application and Preliminary Plat meeting all of the applicable requirements of the UDO.  All applications shall be submitted by the application deadline established by the City Manager.
      (3)   Review by the TRC:  Upon receipt of an application, the City Engineer shall forward the application and Preliminary Plat to the TRC.  The TRC shall review the Preliminary Plat to determine that it includes all the items required.  The TRC shall review the application for completeness, and if the application is incomplete, shall advise the applicant of the deficiencies and inform the applicant that no further action will be taken on the application until all necessary and required information has been provided. If the application and Plat deemed complete and the application fee has been paid, the TRC shall recommend to the City Engineer that the City officially accept the application.
      (4)   Preparation of Staff Report: The City Engineer shall prepare a staff report providing an analysis of the proposal and a recommendation.  The City Engineer shall consider comments from the TRC in formulating his recommendation.  The application, Preliminary Plat and all supplemental information filed with the application shall be forwarded to the Planning Board at least three (3) working days prior to the meeting at which the Planning Board will consider the application.  At said meeting, the City Engineer shall present his/her report to the Planning Board.
      (5)   Site Visit: The Planning Board may, together with the applicant and the applicant’s consultant(s), visit the site to gain a thorough understanding of the characteristics of the site.
      (6)   Action by Planning Board: Planning Board shall review the application and Preliminary Plat and the recommendations of the TRC and the City Engineer.
         A.   The Planning Board shall take action on the submitted application and Preliminary Plat by either:
            1.   Approving the application and Preliminary Plat as submitted; or
            2.   Approving the Preliminary Plat and application subject to specific conditions not included in the Plat as submitted, such as, but not limited to, improvements to the general building layout or open space arrangement, or
            3.   Denying the application and Preliminary Development Plat.
         B.   Written notice of Planning Board’s decision, including all conditions that may be associated with the decision, shall be transmitted to the applicant no later than ten (10) days after the date the decision was rendered.  The written notice shall also include the findings of facts Planning Board made in rendering its decision.
      (7)   Plat Re-submittal: If the Planning Board requires corrections or modifications be made, the Developer/Subdivider shall submit a reproducible original Preliminary Plat reflecting those corrections and/or modifications to the City Engineer before the Planning Board will reconsider the Plat.
      (8)   Expiration: The approval of a Preliminary Plat by the Planning Board shall be effective for a maximum period of  twelve (12) months and shall guarantee that the terms under which the approval was granted will not be affected by changes or amendments to this UDO.  If after this twelve- (12) month period, any changes or amendments are made to this UDO, and any phase(s) or portion(s) of the original approved Preliminary Plan that have not received Final Plat approval or Construction Plan approval, then that phase(s) or portion(s) must be re-submitted for approval under the amended UDO.
   (f)   Application and Final Plat Procedures:
      (1)   Final Plat Pre-application Meeting: Upon the recommendation of the City Engineer, the Developer shall meet with the City Engineer prior to submitting a Final Plat for consideration by the Planning Board.
      (2)   Formal Application Submittal:  The applicant shall submit an application and Final Plat meeting all of the applicable requirements of the UDO.  All applications shall be submitted by the application deadline established by the City Manager.
      (3)   Review by the TRC: 
         A.   The City Engineer shall forward the application and Final Plat to the TRC.  The TRC shall review the application and Plat for completeness, and if the application is incomplete, shall advise the applicant of the deficiencies and inform the applicant that no further action will be taken on the application until all necessary and required information has been provided.  If the application and Plat are deemed complete and the application fee has been paid, the TRC shall recommend to the City Engineer that the City officially accept the application. Only complete applications and Plats will be forwarded to the Planning Board. 
         B.   If it has been over twelve (12) months since approval of the Preliminary Plat was granted and if any changes or amendments have been made to this UDO, any phase(s) or portion(s) of the original approved Preliminary Plat that have not received Final Plat approval, must be re-submitted for approval under the amended UDO.
      (4)   Preparation of Staff Report: The City Engineer shall prepare a staff report providing an analysis of the proposal and a recommendation.  The City Engineer shall consider comments from the TRC in formulating his recommendation.  The application, the Final Plat, and all supplemental information filed with the application shall be forwarded to the Planning Board at least three (3) working days prior to the meeting at which the Planning Board will consider the application.  At said meeting, the City Engineer shall present his report to the Planning Board.
      (5)   Notice of Public Hearing Before Planning Board: Upon determination by the TRC that an application and Preliminary Plat contains all the necessary and required information, the City Engineer shall place the application and Plat on Planning Board’s agenda and schedule a public hearing on the proposed subdivision. Notice of the hearing shall be provided at least once in one or more newspapers of general circulation in the City.  The notice shall be published at least five (5) days before the date of the hearing. The notice shall state the time and place of the hearing and a summary of the proposed application and Preliminary Plat.  The application and Plat shall be kept on file for public examination in the office of the City Engineer.
         (Ord. 05-13.  Passed 11-7-05.)
      (6)   Notice to Property Owners of Public Hearing Before Planning Board: If the proposed subdivision intends to apply to ten (10) or less parcels of land, as listed on the tax duplicate, written notice of the public hearing shall be provided to all owners of property that are contiguous to the parcel or lot proposed for the subdivision or that are across the street from it. The applicant shall provide to the City Engineer a list (based upon the Preble County Auditor’s current tax lists) of the owners of property that are contiguous to the parcel or lot proposed for the District or that are across the street from it.  Such notice shall be sent by the City via regular mail, at least seven (7) days before the date of the hearing, addressed to the owners appearing on the list provided by the applicant and as verified by City staff.  If an application is tabled at the request of the applicant, or due to incompleteness of the application submitted by the applicant, and the public hearing postponed, the cost of mailing the required further notices shall be borne by the applicant.
         (Ord. 07-02.  Passed 5-21-07.)
      (7)   Planning Board Hearing and Recommendation: The Planning Board shall recommend either that the Final Plat be approved as submitted, that the Final Plat be approved with modifications, or that the Final Plat be denied.
      (8)   Notice of Public Hearing Before Council: Following receipt of the recommendation from the Planning Board, the Clerk of Council shall schedule a public hearing on the proposed amendment.  Notice of the hearing shall be provided at least once in one or more newspapers of general circulation in the City. The notice shall be published at least five (5) days before the date of the hearing. The notice shall state the time and place of the hearing and a summary of the proposed amendment.
         (Ord. 05-13.  Passed 11-7-05.)
      (9)   Notice to Property Owners of Public Hearing Before Council:  Notice of the public hearing shall be given by the Clerk of Council.  Such notice shall be sent via regular mail, at least seven (7) days before the date of the hearing, addressed to the owners appearing on the list provided by the applicant and as verified by City staff.  If an application is tabled at the request of the applicant or due to incompleteness of the application submitted by the applicant, and the public hearing postponed, the cost of mailing the required further notices shall be borne by the applicant.
         (Ord. 07-02.  Passed 5-21-07.)
      (10)   Action by Council: After consideration of the Final Plat by the Planning Board, the Plat shall be transmitted to the Council. Council shall approve the Final Plat, approve the Plat with modifications, or deny the Plat.  Written notice of Council’s decision, including all conditions that may be associated with the decision, shall be transmitted to the applicant no later than ten (10) days after the date the decision was rendered.  The written notice shall also include the findings of facts Council made in rendering its decision. 
      (11)   Effect of Approval: Approval of the Final Plat by the Council shall be deemed to constitute acceptance by the public of the dedication of every right-of-way and other proposed public easement or space shown on said Plat; however, improvements such as streets, sewer, water or other infrastructure shall not be accepted by the City until constructed and the construction plans for the same have been submitted and approved and the Developer/Subdivider has recorded said construction plans, as required by Section 1115.06(i).
      (12)   Recording of Final Plat: Once Council has approved a Final Plat, the Developer/Subdivider shall make any corrections or modifications required and shall forward the Final Plat to the City for the required signatures. Final Plats may not be recorded until all required signatures of officials have been placed on the Final Plat. Once the appropriate officials have properly signed the Final Plat, the applicant shall record the Final Plat with the Preble County Recorder’s Office.  Once recorded, a copy of the recorded Final Plat shall be filed with the City Engineer.  If not recorded within twelve (12) months of the date of approval by Council, the Final Plat shall expire and be of no effect.
      (13)   Expiration: The approval of a Final Plat by Council shall be effective for a maximum period of twelve (12) months and shall guarantee that the terms under which the approval was granted will not be affected by changes or amendments to this UDO.  If after this twelve (12) month period, any changes or amendments are made to this UDO, and any phase(s) or portion(s) of the original approved Preliminary Plan that have not received Construction Plan approval, then that phase(s) or portion(s) must be re- submitted for approval under the amended UDO.
      (14)   Transfer of Lots: No lots within a subdivision or any section thereof may be transferred until the Final Plat is accepted by the City and the Plat is recorded in the Preble County Recorder’s Office.
         (Ord. 05-13.  Passed 11-7-05.)
   (g)   Requirements: All applications and Plats shall be reviewed for their compliance with the Subdivision Regulations outlined in Section 1111.01 , specifically Section 1111.01 (d).
(Ord. 06-15.  Passed 8-26-06.)
   (h)   Standards for Approval:
      (1)   Preliminary Plat: A Major Subdivision application and Preliminary Plats shall only be approved if Planning Board finds that all of the following standards are met:
         A.   It fully complies with the applicable requirements of this UDO;
         B.   It is not detrimental to other property or other uses located on the same property;
         C.   It is not detrimental to other development on nearby property;
         D.   It provides safe conditions for pedestrians or motorists and prevents a dangerous arrangement of pedestrian and vehicular ways;
         E.   It provides safe ingress and egress to emergency vehicles on the site;
         F.   The proposed lots in the subdivision have adequate space to accommodate the building area and other site requirements;
         G.   The property has been surveyed and other information relating to the property has been submitted with the application;
         H.   The proposed lots have been approved for access management and stormwater management; and
         I.   The proposed lots have been approved relative to emergency access.
      (2)   Final Plat: A Major Subdivision application and Final Plat shall only be approved if Council finds that all of the following standards are met:
         A.   It fully complies with the applicable requirements of this UDO;
         B.   It is not detrimental to other property or other uses located on the same property;
         C.   It is not detrimental to other development on nearby property;
         D.   It provides safe conditions for pedestrians or motorists and prevents a dangerous arrangement of pedestrian and vehicular ways;
         E.   It provides safe ingress and egress to emergency vehicles on the site;
         F.   The Final Plat is in accordance with the Preliminary Plan;
         G.   The City Engineer has approved all proposed infrastructure construction and location;
         H.   Homeowners association and other agreements have been approved by the Law Director’s Office;
         I.   All fees and/or review costs have been paid.
   (i)   Development of the Subdivision:
      (1)   Requirements:  Before beginning construction on any improvements within the Subdivision or any section thereof, the Developer shall comply with the provisions of this paragraph in order to assure that the proposed improvements meet the requirements of the City’s Improvement Requirements and Standards, as outlined in Section 1111.03.
      (2)   Construction Plans: Before beginning work on the improvements in a subdivision or any section thereof, the Developer shall submit to the City Engineer two (2) complete sets of Construction Plans and specifications of improvements, prepared by a registered professional engineer, that shall include typical sections, plan and profile views, construction details, and estimates of quantities, along with the filing fee required under Section 1105.09.  The plans shall show:
         A.   The centerline profile of each proposed street, with tentative grades indicated;
         B.   The cross-section of each proposed street, showing the width of pavement, the location and width of sidewalks and the location and size of the utility mains;
         C.   The plans and profiles of proposed sanitary sewers and storm water sewers, with grades and sizes indicated, or method of sewage or storm water disposal in lieu of sewers;
         D.   A plan of the proposed water distribution system, showing pipe sizes and the location of valves and fire hydrants;
         E.   A stormwater drainage plan showing:
            1.   All existing and proposed storm sewers, manholes, catch basins, watercourses, culverts and other underground structures within the tract and immediately adjacent thereto, with pipe sizes and grades, waterway openings indicated thereon;
            2.   Drainage areas and flow of the watershed;
            3.   The method to be used for the adequate disposal of all storm water, including drainage outlets; and
            4.   Such other data as may be required by the City Engineer and Section 1111.05.
         F.   A Landscaping Plan, as may be required by Section 1111.06;
         G.   An Engineer’s estimate of the total cost of the contemplated improvements for the subdivision or section thereof; and
         H.   Any other information needed to show that the proposed improvements comply with Section 1111.03.
      (3)   Guarantee/Security for Construction:  In accordance with Section 1111.03(e), the Developer shall file with the Construction Plans a financial guarantee to ensure that all required infrastructure for the subdivision, or section for which the Developer is seeking approval, is constructed in the manner and time frame required.
      (4)   Inspection Fees:  In accordance with Section 1111.03(b), the Developer shall pay to the City, at the time of submission of the Construction Plans, an Inspection Fee to provide for the cost of inspecting the various public improvements as they are constructed
      (5)   Approval:  Before beginning construction on any improvements within the Subdivision or any section thereof, the Developer must have obtained approval of the Construction Plans from the City, including approval of his submitted Guarantee and payment of Inspection Fees.  Upon approval of the Construction Plans by the City, the Zoning and Building Official shall issue a Certificate of Zoning Compliance to the Developer.
         A.   If the Construction Plans, as submitted, make no changes or modifications from the approved Final Plat, the Plans may be approved by the City Engineer.
            (Ord. 05-13.  Passed 11-7-05.)
         B.   If the Construction Plans, as submitted, make any changes or modifications from the approved Final Plat, as determined by the City Engineer, the Plans must be submitted to Planning Board.  Planning Board shall review the Construction Plans and make a recommendation to Council on approving or denying the Plans.  Council may approve the Plans as submitted, approve the Plans with agreed to modifications, or deny the Plans.
            (Ord. 07-02.  Passed 5-21-07.)
         C.   Any Plans proposing the installation of fire hydrants must also receive approval from the City’s Fire Division before the improvements are installed.
      (6)   Inspection: Prior to the start of any work covered by the Construction Plans, after approval thereof, the Developer shall make satisfactory arrangements with the City Engineer for inspection of the work to insure compliance with the plans and specifications as approved.
      (7)   Acceptance of Improvements by the City: Once the required public improvements have been installed and inspected, if acceptable to the City and if installed in accordance with this UDO, the City shall send the Developer notice that it intends to accept the improvements.  The Developer shall then forward to the City the Construction Plans, in a format acceptable for recording with the Preble County Recorder’s Office, that contain a dedication to the City of the accepted improvements for signature.
      (8)   Recording of Construction Plans: Construction Plans may not be recorded until all required signatures of officials have been placed on the Plans. Once the appropriate officials have properly signed the Plans, the applicant shall record the Plans with the Preble County Recorder’s Office.  Once recorded, a copy of the recorded Construction Plans shall be filed with the City Engineer.  No further development in the subdivision shall be permitted until the Construction Plans are recorded as required.
      (9)   Certificate of Occupancy:  No Certificates of Occupancy for any buildings or structures within the subdivision will be issued by the City until Construction Plans for the subdivision, or for a section thereof, have been approved and recorded as required by this Section.
      (10)    Development in Sections: If the Developer chose to develop the subdivision by Sections, upon full build-out of the subdivision, the Developer shall prepare an updated Final Plat showing the exact location of all installed improvements, all easements and all buildings. This updated Final Plat shall be forwarded to the City for all required signatures at the time the Construction Plans for the final section are also forwarded for signatures, in accordance with subsection (8), above.  Once the appropriate officials have properly signed the Plans and the Plat, the applicant shall record the updated Final Plat with the Preble County Recorder’s Office.  Once recorded, a copy of the recorded Final Plat shall be filed with the City Engineer. 
         (Ord. 05-13.  Passed 11-7-05.)
   (j)   Regulation Concerning Improvements Required in Major Subdivisions:
      (1)   Street Construction: Notwithstanding any other provision of this UDO, if approved by the City Engineer, the Developer may delay application of the final coat of asphalt for the time period allowed by the City Engineer.  If the City Engineer does grant the Developer such a delay, the Developer shall wedge around any manholes or other protrusions, as directed by the City Engineer.  A written agreement showing such an agreement between the Developer and the City Engineer shall be required before the City accepts the improvements.
         (Ord. 07-02.  Passed 5-21-07.)
      (2)   Temporary Construction Signs:  The Developer shall install temporary construction signs as instructed by the City Engineer and based upon the progress of construction of the infrastructure.  No construction or other required permits will be issued until such temporary construction signs are installed as required by the City Engineer.  Such signs shall be maintained by the Developer until the final coat of asphalt is applied. 
      (3)   Completion of Construction: The construction of all public improvements shown on the approved Construction Plans must be completed within two- (2) years from the date of approval, unless good cause can be shown for the granting of an extension of time by Council.
      (4)   Maintenance: For a period of one (1) year from the date the constructed improvements were accepted by the City, the Developer shall make such repairs or replacements as may be required by reason of defective workmanship or material.
   (k)   Final Plat Amendments: Upon the application of an owner(s) of land described in a Final Plat within the corporation limits of the City of Eaton, Council may approve amendments the Final Plat, in whole or in part, where unusual or exceptional factors or conditions require the amendment to avoid undue hardship. 
      (1)   Plat Amendment Defined: A plat amendment is a major alteration of a Final Plat that substantially changes any of the major feature(s) required to be set forth in the Plat by Section 1115.06(d). Examples of such major alterations include, but not limited to, a change in the number of lots or the layout of lots, a major change, as deemed by the City Engineer, in the location or size or any rights of way or public easements, a change in the name of the subdivision, or a change in setback lines.
      (2)   Filing Requirements: The applicant(s) shall file with the City Engineer, in accordance with the application schedule established by the City Manager, a Final Plat Amendment that meets the requirements of Section 1115.06(d), and other City Ordinances as applicable, together with an application for approval thereof and the required fee, as outlined in Section 1105.09.
      (3)   Procedure: The procedure for a Final Plat amendment shall be as follows:
         A.   The applicant(s) shall file with the City Engineer an application that sets forth the reason(s) why the amendment of the plat is sought, a plat map that sets forth the location and description of the proposed amendment, and A Final Plat Amendment that meets the requirements of Section 1111.06(d).
         B.   Review by the TRC: After the Final Plat Amendment application has been filed, the City Engineer and the TRC shall check said plat to determine adequacy with existing street, storm, sanitary, water and utility services.  If said application is complete, the TRC shall notify the applicant(s) of the date and time that Planning Board will hear the proposed Final Plat Amendment.
         C.   The applicant shall send a copy of the application to all other landowners within the plat to be amended, along with a notice of the time and place of the Planning Hearing on the application. The applicant(s) shall provide Proof of Notification by providing the certified mail certificates to the City Engineer, along with a list of all property owners to whom notice was sent.  Failure to provide the required notification may result in the application being tabled or denied by the Planning Board.  If the application must be tabled because the applicant(s) failed to provide notice as required, any costs for the City to have to republish a general notice, as outlined below, shall be borne by the applicant(s).
         D.   The City shall give five (5) days notice of the proposed plat amendment application by publication in a newspaper of general circulation in the jurisdiction. Such notices shall set forth the part of the plat to be amended and briefly describe the proposed amendment, the date(s) of the Planning Board meeting hearing(s) on the application and the date(s) City Council will consider the application.
         E.   Preparation of Staff Report: The City Engineer shall prepare a staff report providing an analysis of the proposal and a recommendation.  The City Engineer shall consider comments from the TRC in formulating his recommendation.  The application, the plat map and the Final Plat Amendment shall be forwarded to the Planning Board at least three (3) working days prior to the meeting at which the Planning Board will consider the application.  At said meeting, the City Engineer shall present his report to the Planning Board.
         F.   Planning Board Review: Planning Board shall consider the application and Final Plat Amendment and shall make a recommendation to either approve the application as submitted, approve the application with modifications, or deny the application.  Planning Board shall then forward its recommendation to City Council, along with its reasons for such a recommendation.
         G.   Council Acceptance of Plat Amendment: Council shall either approve the Final Plat Amendment, approve the Final Plat Amendment with modifications, or deny the Final Plat Amendment.
         H.   Recording of Final Plat Amendment: If the amendment is approved by Council, the applicant(s) shall make any corrections or modifications required and shall forward the Final Plat Amendment to the City for the required signatures. Final Plat Amendments may not be recorded until all required signatures of officials have been placed on the Final Plat Amendment. Once the appropriate officials have properly signed the Final Plat Amendment, the applicant shall record the Amendment with the Preble County Recorder’s Office.  Once recorded, a copy of the recorded Final Plat Amendment shall be filed with the City Engineer.  If not recorded within twelve (12) months of the date of approval by Council, the Final Plat Amendment shall expire and be of no effect.
   (l)   Single Lot Major Subdivisions:  Major Subdivision plats that consist of one lot may be submitted to the City under this procedure. The City Engineer shall review and approve single lot Major Subdivisions. The decision of the City Engineer can be appealed to the Planning Board. The City Engineer can submit the Preliminary Plan and Final Plat as a single set of documents to the TRC for review and approval. The City Engineer will identify the appropriate documents for submittal.
   (m)   Re-subdivision: The Developer/Subdivider proposing the re-subdivision of a plat previously recorded by the County Recorder shall follow the same procedures required for a major subdivision. 
(Ord. 05-13.  Passed 11-7-05.)