(a) Uses Requiring Major Site Plan Review: Approval of a Major Site Plan by Planning Board is required prior to construction. The following uses and additions to uses require Major Site Plan review:
(1) Multi-family buildings four units and above;
(2) Commercial office and all other non-residential buildings and structures;
(3) Non-residential additions exceeding twenty-five percent (25%)of the original floor area or 10,000 square feet;
(4) Parking structures and facilities and parking lots;
(5) Public buildings and structures;
(6) Parks; and
(7) Places of worship.
(b) Uses Requiring Minor Site Plan Review: Approval of a Minor Site Plan by the Zoning and Building Official is required prior to construction. The following uses and additions to uses require minor site plan review:
(1) Single family buildings;
(2) Accessory uses and structures;
(3) Multi-family dwellings of three units or less;
(4) Signs; and
(5) Non-residential additions equal to or less than twenty-five percent (25%) of the original floor area, not to exceed 10,000 square feet.
(c) General Submittal Requirements: The following general requirements shall apply to both Major and Minor Site Plans:
(1) Each Site Plan submittal 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 Site Plans shall be processed by the City;
(3) The City Engineer or the Zoning and Building Official 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;and
(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.
(7) Major Site Plans only - A list of all owners of property that are contiguous to the parcel or lot proposed for the development or that are across the street from it. (The list shall based upon the Preble County Auditor’s current tax lists).
(d) Specific Submittal Requirements:
(1) Site Plan – Major: An application form shall be completed by the Developer/Subdivider and submitted with the Major Site Plan. Submittal requirements for a Major Site Plan include the following:
A. An accurate legal description prepared by, or certified by, a registered surveyor of the State;
B. A property location map showing existing property lines, easements, utilities, and street rights-of-way;
C. List of adjacent property owners and labeling of adjacent property owners;
D. A plan, prepared by a civil engineer, landscape architect, surveyor, or architect drawn at a suitable scale not to exceed 1 inch = 100 feet indicating:
1. Existing and proposed property lines, showing all proposed property lines with typical dimensions, yards and setbacks;
2. Use, location, and height of existing and proposed buildings and structures, including accessory buildings, structures and uses, along with notation of the development standards for building spacing and maximum building heights;
3. Square footage of existing and proposed buildings;
4. Zoning of property and existing use on site, including adjacent use and zoning; and
5. The location and configuration of off-street parking and loading areas, the arrangement of internal and in-out traffic movement including access roads and drives and the location of signs related to parking and traffic control;
E. Topographic maps, available from the Preble County Engineer’s Office with sufficient elevations to show existing and generally proposed grading contours, major vegetation features, wooded areas and existing trees over six inches in diameter measured at the average breast height;
F. Proposed landscaping plans, in accordance with Section 1115.12(c), indicating the location of existing plants; proposed plantings, including planting height and caliper of proposed trees measured at the average breast height;
G. Elevation drawings of proposed structures, floor plans, exterior construction materials, by type and color;
H. A Sign Graphics Plan, if required, showing:
1. The location of any proposed sign(s), including the sign’s location with respect to existing right-of-way and property lines;
2. The location of all other existing signs whose construction requires permits, when such signs are on the same premises;
3. The dimensions, construction supports, sizes, electrical wiring and components, sign materials, and method of attachment;
4. The location, size, and illumination of wall signs, ground mounted signs, and directional signs; and
5. Elevation drawings of ground mounted signs and wall signs shall also be included;
I. Proposed lighting plans including exterior building, parking lot, and site lighting. Sample cut sheets indicating pole and luminary height as well intensity of illumination in footcandles on a point-by-point iso-footcandle map shall also be provided;
J. Summary table showing total acres of the proposed development; number of acres devoted to each type of residential and/or non- residential use including streets (right-of-way) and open space; number of dwelling units by type; total building square footage; and overall density (units per acre) and intensity (lot coverage);
K. Proposed grading and stormwater management plan, in accordance with Section 1111.05;
L. Construction Plans, in accordance with Section 1115.08(f), for any proposed public improvements, including streets, water and/or sewer; and
M. Other information necessary for the evaluation of existing site conditions and proposed development as deemed necessary by the City Engineer and/or the Planning Board.
(2) Site Plan – Minor: The Minor Site Plan shall be provided at the time of submittal. An application form shall be completed by the Developer/Subdivider and submitted with the Minor Site Plan. Submittal requirements for a Minor Site Plan include the following:
A. General layout plan with existing and proposed property lines, showing all proposed property lines with typical dimensions, yards and setbacks;
B. Proposed and existing buildings on site with general sketch floor plans and building elevations;
C. Building height;
D. List of adjacent property owners and labeling of adjacent property owners;
E. Square footage of existing and proposed buildings;
F. Zoning of property and existing use on site, including adjacent use and zoning;
G. Preliminary grading plan, stormwater plan and landscape plan;
H. Street and parking lot layout, including street rights-of-way, drive aisles, parking spaces, and sidewalk location; and
I. Preliminary water and sewer plan.
(e) Procedures for Major Site Plans:
(1) Pre-application Meeting: If recommended by the City Engineer, the applicant shall meet with the TRC prior to submitting an application and Site Plan. 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 and Site Plan meeting all of the applicable requirements of this Section. All applications shall be submitted by the application deadline established by the City Manager.
(3) Review by the TRC: Upon receipt of an application and Site Plan, the City Engineer shall forward the application to the TRC. 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 Plan 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 Site Plans will be forwarded to the Planning Board.
(4) Notice of Public Hearing Before Planning Board: Upon determination that an application contains all the necessary and required information, the City Engineer shall place the application and Site Plan on Planning Board’s agenda, and shall schedule a public hearing. 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. 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.
(5) Notice to Property Owners of Public Hearing Before Planning Board: If a public hearing is required by this UDO, written notice of the public hearing shall be provided to all owners of property that are contiguous to the parcel or lot proposed for development 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 on which the development or construction is proposed 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.
(6) 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 and all supplemental information filed with the application shall be forwarded to the Planning Board at least three 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.
(7) Action by the Planning Board: The Planning Board shall consider the application and Site Plan at its formal public meeting. It may consider comments by staff as appropriate, any presentation by the applicant(s), and comments by interested parties. The Planning Board shall consider this information and render a decision a public meeting. The Planning Board shall approve the Site Plan as submitted, approve the Site Plan with conditions or modifications, or deny the application and Site Plan. Its decision shall take effect immediately. 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.
(f) Major Site Plans That Include Proposed Public Improvements:
(1) Requirements: Before beginning construction on any improvements connected with the Major Site Plan, 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 connected with a Major Site Plan, 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 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 connected with a Major Site Plan, 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 Major Site Plan, the Construction Plans may be approved by the City Engineer.
B. If the Construction Plans, as submitted, make any changes or modifications from the approved Major Site Plan, as determined by the City Engineer, the Plans must be submitted to Planning Board. Planning Board shall review the Construction Plans and may approve the Plans as submitted, approve the Plans with agreed to modifications, or deny the Plans.
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 Major Site Plan and Construction Plans with the Preble County Recorder’s Office. Once recorded, a copy of the recorded Site Plan and Construction Plans shall be filed with the City Engineer. No further development shall be permitted until the Construction Plans are recorded as required.
(9) Certificate of Occupancy: No Certificates of Occupancy for any buildings or structures will be issued by the City until Construction Plans have been approved and recorded as required by this Section.
(Ord. 05-13. Passed 11-7-05.)
(g) Regulation Concerning Required Improvements:
(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 must be completed within two years from the date of approval of the Construction Plans, 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.
(h) Procedures for a Minor Site Plan:
(1) Pre-application Meeting: If recommended by the Zoning and Building Official, the applicant shall meet with the Zoning and Building Official or the TRC 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 and Minor Site Plan meeting all of the applicable requirements of this Section. 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 Zoning and Building Official shall forward the application to the TRC. The TRC shall review the application and Minor Site Plan for completeness, and if the application or Minor Site Plan 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. Upon receipt of a complete application, the TRC shall review the application and Minor Site Plan and provide comments to the Zoning and Building Official.
(4) Action by the Zoning and Building Official: Within thirty (30) working days of receipt of a complete application and Minor Site Plan, the Zoning and Building Official shall render a decision to approve, approve with conditions, or deny a Minor Site Plan. Written notice of the Zoning and Building Official’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 the Zoning and Building Official made in rendering his decision.
(5) Appeal: The decision by the Zoning and Building Official may be appealed to the Appeals Board as provided for in this Chapter.
(i) Standards for Approval: Major Site Plans shall only be approved if Planning Board finds that all of the following standards are met, and Minor Site Plans shall only be approved if the Zoning and Building Official finds that all of the following standards are met:
(1) That it fully complies with all applicable requirements of this UDO;
(2) That it adequately protects other property or residential uses located on the same property from the potential adverse effects of a non-residential use;
(3) That it is not detrimental to the use and character of surrounding properties;
(4) That it provides safe conditions for pedestrians or motorists and prevents the dangerous arrangement of pedestrian and vehicular ways; and
(5) That it provides safe ingress and egress for emergency services.
(j) Effect of Approval:
(1) Major Site Plans: Following approval of a Major Site Plan by Planning Board that does not require the submission of Construction Plans, the Zoning and Building Official shall issue a Certificate of Zoning Compliance. If the development proposed by the Major Site Plan requires the submission of Construction Plans for proposed improvements connected with the development, as required by Section 1115.08(f), the Certificate of Zoning Compliance shall not be issued until the requirements of Section 1115.08(f) have been met, unless Planning Board approves the issuance of the Certificate with conditions to assure the Developer will meet the requirements of Section 1115.08(f).
(2) Minor Site Plans: If the Zoning and Building Official approves a Minor Site Plan, he shall issue a Certificate of Zoning Compliance for the same.
(k) Changes or Additions to Major Site Plans: After a Major Site Plan has been approved by the Planning Board, and in the course of carrying out the Plan, adjustments or rearrangements of buildings, drives, parking areas, recreation areas, entrances, heights, yards or similar modifications, may be requested by the Developer(s).
(1) Minor Changes: The City Engineer shall review and approve or disapprove amendments to Major Site Plans if the change involves twenty-five percent (25%) or less of the original floor area, not to exceed 10,000 square feet.
(2) Major Changes: Amendments to Major Site Plan exceeding twenty-five percent (25%) of the original floor area, or 10,000 square feet, shall be reviewed and approved or disapproved by the Planning Board, in accordance with the procedural requirements of this Section.
(Ord. 05-13. Passed 11-7-05.)