(a) Preapplication Conference. Prior to filing a formal application for approval of a planned development, the developer is encouraged to request a preapplication conference with the Miamisburg Development Department Staff. It should be understood that no statement or representation of a member of the Staff shall be binding upon the Planning Commission or upon any City governing body. The purpose of such conference is to allow the developer to present a general concept of his or her proposed development prior to the preparation of detailed plans. For this purpose the presentation shall include, but not be limited to, the following:
(1) A written letter of intent from the developer establishing his or her intentions as to development of the land.
(2) A topographic survey and location map.
(3) Sketch plans and ideas regarding land use, dwelling type and density, street and lot arrangement, and tentative sizes.
(4) Tentative proposals regarding water supply, sewage disposal, surface drainage and street improvements.
(b) Preliminary Plan. The preliminary plan of the planned development shall be filed with the Miamisburg Development Department, which shall in turn forward copies to the Planning Commission for consideration. The required procedure for consideration and approval of the preliminary plan shall be:
(2) The Planning Commission shall study materials received and confer with other agencies of government as appropriate in the case to determine general acceptability of the proposal as submitted. In the course of such preliminary consideration, the Planning Commission may request and the applicant shall supply additional material needed to make specific determinations.
(3) Following such study, the Planning Commission or its Staff shall hold a conference or conferences with the applicant to discuss desirable changes in the first or succeeding drafts of the preliminary development plan and report. Recommendations of the Planning Commission to the applicant shall be in writing.
(4) Following any such conference, agreements between the applicant and the Planning Commission as to changes in the preliminary plan and report or other matters to be recorded and acknowledged by the Planning Commission and the applicant shall also be in writing. On items on which no agreement is reached or there is specific disagreement, this fact shall be recorded, and the applicant may place in the record his or her reasons for any disagreement.
(5) When the preliminary development plan and report have been approved in principle (as a whole or with reservations specifically indicated) or when the applicant indicates in writing that no further negotiations with the Planning Commission are desired before proceeding, the Planning Commission may schedule the proposed plan for a public hearing or elect to make its recommendations without a public hearing. It shall make its recommendations to Council within thirty days from this point in time. Such recommendations shall indicate approval, approval with specific reservations, or disapproval with reasons. Such recommendations shall be accompanied by:
A. The latest draft of the preliminary plan; and
B. Informational items submitted by the applicant, including a record of agreements reached as well as any matters on which there was disagreement and respective reasons given by the applicant for any such disagreement.
(6) Council shall then schedule a public hearing for the preliminary plan and the respective planned development zone designation after receiving the proposal from the Planning Commission. Within thirty days, Council shall approve the proposal, approve it subject to conditions, or deny the proposal. If approved, the area of land marked shall be redesignated PR (Planned Residential Development District), PMH (Planned Manufactured and Mobile Home Residential District), PO (Planned Office District), PC (Planned Commercial District) or PI (Planned Industrial District) and shall be used only in accordance with the uses and densities shown on the planned development preliminary plan.
(c) Final Plan. The planned development final plan shall conform substantially to the preliminary plan as approved and shall be filed within six months after approval of the preliminary plan, including all informational items listed in Section 1276.07. If desired by the developer, it may be submitted in stages, with each stage reflecting a portion of the approved preliminary plan which is proposed to be recorded and developed, provided, however, that such portion conforms to all requirements of these regulations.
The required procedure for approval of a final plan shall be:
(1) The final plan and supporting data shall be filed with the Miamisburg Development Department, which in turn shall forward copies to the Planning Commission for certification that the final plan is in conformity with these regulations and in agreement with the approved preliminary plan.
(2) After review of the final plan and supporting data, the Planning Commission shall approve or disapprove the plan within thirty days after submittal by the developer. Disapproval of the final plan shall include a clear statement of the reasons therefor.
(3) The Planning Commission shall then forward the final plan, together with its recommendations, to Council. Council shall review the recommendations of the Planning Commission at the next regular meeting of Council, and shall approve, approve subject to conditions, or deny, the final application.
(4) After approval by motion of Council of the final plan, the final plan including all supporting documentation, shall be presented to the County Recorder for recording.
No final development plan within the corporate limits of the City shall be so recorded unless it shall have the approval of Council inscribed thereon.
The purpose of such recording is to designate with particularity the land subdivided into conventional lots as well as the dimension of other lands, not so treated, into common open areas and building areas and to designate each building or structure, as well as the use of the land in general.
(d) Building Permits. No building permit shall be issued by the Building Inspector until the final development plan has been approved and duly recorded.
(e) Certificates of Occupancy. The Zoning Inspector shall issue no certificate of occupancy until all utilities have been tested and approved by the City in conformance with the final development plan.
(f) Effect of Denial of a Planned Development. No application for a planned development, which has been denied wholly or in part by the Planning Commission and Council, shall be resubmitted for a period of one year from the date of said order of denial, except on the grounds of new evidence or proof of change of conditions found to be valid by the Planning Commission and Council.
(g) Changes in the Planned Development. A planned development shall be developed only according to the approved and recorded final plan and all supporting data. The recorded final plan and supporting data, together with all recorded amendments, shall be binding on the applicants and their successors, grantees and assignees and shall limit and control the use of premises (including the internal use of buildings and structures) and the location of structures in the planned development as set forth therein.
(1) Major changes. Changes which alter the concept or intent of the planned development, including increases in the number of units per acre, change in location or amount of nonresidential land use, more than fifteen percent modification in the proportion of housing types, reductions of proposed open space, and significant redesign of roadways, utilities or drainage, may be approved only by submission of a new preliminary plan and supporting data, following the "preliminary approval" steps and subsequent amendment of the final planned development plan.
(2) Minor changes. The Zoning Inspector, upon notifying the Planning Commission, may jointly approve minor changes in the planned development which do not change the concept or intent of the development, without going through the "preliminary approval" steps. Minor changes are defined as any change not defined as a major change.
(h) Expiration Date for Development Plan Approval.
(1) Single stage development plan. The approval of the development plan or the initial stage of a multistage development plan shall become null and void and the land shall revert to its former zoning classification unless the final plan shall have been recorded in the records of the Montgomery County Recorder within one year of its approval by Council. Said approval shall also become null and void and the land shall revert to its former zoning classification if the final development plan is not submitted within six months of the approval of the preliminary plan by Council.
(2) Multistage development plan. Should the recording of the final plan for the successive stages fall more than two years behind the schedule submitted, the development plan shall become null and void as to that portion of the tract for which no final plan shall have been recorded, and that portion of the tract shall revert to its former zoning classification.
(3) Schedule of construction. The development plan shall be subject to revocation if construction falls more than one year behind the schedule filed with the final plan.
(4) Extension of time. An extension of the time limit for the above-described cases can be granted by Council upon recommendation by the Planning Commission. However, such approval of a schedule modification shall be given only upon a finding of purpose and necessity for such extension and evidence of reasonable effort toward the accomplishment of the original schedule by the applicant.
(Ord. 2712. Passed 8-1-78; Ord. 6831. Passed 1-21-20.)