After approval of the Preliminary Development Plan, approval of the Final Development Plan shall be obtained from the Planning Commission. The following procedures shall regulate this process:
(a) Final Development Plan Submission Requirements. For final approval of uses, the owner shall file a Final Development Plan for any specific areas within the project or the overall project with the Planning Commission. All surveying and legal documents shall meet Montgomery County Recorder Standards. The Final Development Plan shall include the following:
(1) A survey of the proposed development site illustrating the dimensions and bearings of the property lines, area in acres, topography, and existing features of the development site including streets, wooded areas, structures, easements, and utility lines;
(2) All information as submitted as part of the approved Preliminary Development Plan;
(3) A schedule of the development of units to be constructed in progression;
(4) Detailed construction plans in conformance with the Municipality of Germantown Design Criteria and Construction Standards and Drawings along with necessary specifications consisting of, at a minimum, the following information:
A. The location of lot lines, building outlines, and setbacks;
B. The pedestrian and vehicular circulation system including existing and proposed rights-of-way and easements and cross sections of new or improved streets;
C. All utility systems including sanitary sewer, storm sewers, water, electric, natural gas, and telephone lines including all plan and profiles of each utility;
D. A landscape plan indicating the specific types of vegetation to be used an their locations in the development;
E. The location of all fire hydrants and fire lanes;
F. Storm water management plan, including detention/retention areas and erosion control;
G. Final grading plans, indicating cubic footage of cuts and fills; and
H. Any additional information required by the Planning Commission in consideration of the application.
(5) All necessary fees established by the Municipality;
(6) Legal agreements stipulating conveyance of public open space to a non- profit organization or the Municipality and indicating the responsibility for maintenance of the open space;
(7) Legal documents establishing any non-profit organization such as a homeowners’, tenants’ or merchants’ association;
(8) Restrictive covenants or other conditions which shall be applied to properties within the PUD;
(9) Final plat for necessary lot creation and right-of-way or easement dedication, if necessary;
(10) Necessary engineer’s estimates and performance surety for any public improvements that will be eventually dedicated to the Municipality of Germantown; and
(11) Any other information that can reasonably be requested by the Municipality to ensure compliance with the regulations of this chapter.
(b) Surety. The Design Criteria Construction Standards and Drawings along with 100% surety and 10% maintenance surety shall apply to all public improvements that will be eventually dedicated to the Municipality. Such sureties shall follow the regulations of the Municipality of Germantown Subdivision Regulations even if a major subdivision is not applicable.
(c) Final Development Plan Review. The Planning Commission shall review the Final Development Plan and approve, modify and approve, or deny the application for a Final Development Plan and transmit notices thereof to the applicant. The Planning Commission shall base its final approval only upon finding that the following requirements are met:
(1) The design, size, and use are consistent with the Preliminary Development Plan as approved by Planning Commission;
(2) The size of the first stage of development is appropriate and can effectively implement to development within the confines of the approved district;
(3) The location, design, size, and uses shall be adequately served by existing or planned facilities and services; and
(4) The location, design, size, and uses shall result in an attractive, healthful, efficient, and stable environment for residential and/or commercial development.
(d) Approval Documents. The approval of the Planning Commission shall be documented and entered into the plan for the area and become a permanent part of the Planning Commission’s records.
(e) Permits and Certificates. After approval by the Planning Commission, and such staff or consultants as may be required or deemed appropriate, of the Final Development Plan, submission of appropriate subdivision plats and building construction drawings shall be made. Building and construction permits and zoning permits shall be conditioned upon adherence to the approved development plan.
(f) Modification to Approved Plan. The Municipal Manager may approve minor changes to an approved Final Development Plan if such changes are consistent with the purpose and general character of the development plan. Other modifications, including extension or revision of the staged development schedule shall require the approval of the Planning Commission.
(g) Revocation. In the event of a failure to comply with the approved plan or any condition of approval, including failure to comply with the staged development schedule, the Planning Commission may, after notice, rescind and revoke such approval. Violation of the final approval of uses for a PUD shall constitute a violation of this Zoning Code.
(h) Submission with Plats and Drawings. The submission of a Final Development plan by the developer or applicant may be coterminous with submission of appropriate subdivision plans and construction drawings for on-site improvements. Approval of such subdivision plans and construction drawings shall be conditioned upon the approval of the Final Development Plan.
(i) Time Limit. Once the Final Development Plan is approved, the property owner or developer will have twelve (12) months to begin construction in compliance with the Final Development Plan or the PUD will become void and will require re-submission of the Preliminary Development Plan to the Planning Commission.
(Ord. 03-105. Passed 1-20-04.)