(a) In addition to all other provisions of this section, any applicant for a Zoning Permit for the erection, movement, addition to, structural alteration and/or exterior remodeling of any building or structure, exclusive of signs and fences, and/or the change, addition or removal of parking facilities for any building or structure other than a residential one or two family dwelling shall submit three (3) copies of a plan meeting the "Municipal Standards for Plan Content, Subdivisions, Commercial, Industrial and Other Site Plan Requirements" with an application for a zoning permit and the appropriate fees (Zoning application and plan review fee per Section 1140.04; Sewer connection fee per Section 907.05; water tap-in fee per Section 911.07; water meter per Section 911.15; impact fee per Section 913.04, Excavation within a Public Right of Way permit and fee per Chapter 921 as applicable) to the Village of Middlefield Municipal Center.
(b) All submittal packages will be delivered to the Village of Middlefield Municipal Center. Required with the submittal are the application and payment of appropriate fees. The required applications and fees will be reviewed, outlined and listed to determine applicability of each required depending upon the type of development to take place. The Village will then distribute the received submittal to the Village Engineer and Zoning Inspector and determine if it is acceptable for review. If the submittal does not conform to the requirements of this section, the Village Engineer and/or Zoning Inspector shall notify the applicant and require the submittal be changed to eliminate all non-conforming aspects thereof. If accepted for review, Village Engineer will review, report and recommend on the effects of traffic circulation, safety, utility usage, construction plans and compliance with all Village ordinances, municipal standards for plan content, and design guidelines.
(1) Based on the scope of the project, the Engineer may forward copies of the site plan to the following:
A. Utility Committee will review the submission for effects and resolution of impacts on all Village utilities. i.e. Sanitary, Water and Storm Sewer Systems. When impacts to utilities are defined, a report will be forwarded to Planning Commission with a statement as to impacts on utilities and recommendations.
B. Streets Committee will review, report and recommend on effects to streets and sidewalks.
C. Zoning Inspector will review, report and recommend on effects to Zoning Ordinances.
D. Fire Chief will review, report and recommend on effects of safety and fire prevention.
E. Police Chief will review, report and recommend on effects of safety and traffic control.
F. Solicitor will review with respect to all legal issues.
(2) Upon resolution of all matters contained in the reports received above, the Village Engineer will place the submittal on the next available Planning Commission agenda for action. Upon approval by the Planning Commission, the Zoning Inspector may issue the Zoning Permit.
A. Prior to issuance of the Zoning Permit, the Village should receive escrow amounts from developer/builder to cover the cost of inspection / professional review services as may be necessary during construction.
B. The Zoning Permit shall become null and void one (1) year from the date of issuance if the construction has not commenced. The Zoning Permit shall become null and void two and one-half (2 1/2) years from the date of issuance if the construction has not been completed.
(c) Prior to pouring the foundation, the builder shall have a surveyor, registered in Ohio, stake out the lot lines and the location of the proposed structure on the site. The foundation shall not be poured unless and until a surveyor has approved the location of the proposed structure on the site.
(d) At or before the time the builder stakes out the lot lines and location of the proposed structure as provided in subsection (c) hereof, the builder shall cause a surveyor to identify a benchmark on the lot or within a one hundred foot radius thereof, to facilitate inspections of the building by the Village. If the builder fails to comply with this requirement, the Village may cause a surveyor to locate a benchmark, and all costs therefor shall be paid by the builder. Failure to promptly pay such costs shall result in revocation of the Zoning Permit.
(e) The Village shall have the right, without prior notice, to make periodic inspections of the progress of the construction and for compliance with the approved plan. The Zoning Inspector shall have the authority to order the builder to cease all activity on the lot until compliance with the plan is achieved.
(f) The builder shall have a surveyor, registered in Ohio, verify the footer elevation as soon as it is constructed. The applicant shall provide a surveyor's certification of the as-built footer elevation and how it compares to the approved site plan footer elevation to the Zoning Inspector for review and approval. No further construction shall be permitted until the footer elevation is approved.
(g) Upon completion of construction, the builder shall submit to the Zoning Inspector a Record ("as-built") plan, accurately demonstrating the completed site, as constructed. The as-built plan shall be prepared and certified by a surveyor, registered in Ohio. Upon receipt of the as-built plan, the Zoning Inspector shall inspect the site to verify compliance with the approved plan, and to verify the accuracy of the as-built plan. In the event that the Zoning Inspector determines that the builder has not fully complied with the approved plan, or that the as-built drawing is not accurate, the builder shall take immediate steps to achieve compliance satisfactory to the Zoning Inspector. No Occupancy Permit shall be issued until the Zoning Inspector has completed the foregoing inspection and is satisfied that the as-built plan is accurate. The as-built drawing shall contain a certification statement by a registered surveyor.
(h) In the event that the applicant, developer or builder fails to comply with any of the requirements of Section 1140.04(a)(3) hereof and subsections (c) through (h) hereof, upon recommendation of the Village Administrator, the Zoning Inspector shall revoke the Zoning Permit and shall notify the Geauga County Building Department of such revocation. In addition, if an Occupancy Permit has been issued, the Zoning Inspector shall revoke such Occupancy Permit. Such revocations shall be appealable to the Planning Commission pursuant to Chapter 1101 of the Codified Ordinances.
(i) All existing trees shall be shown on the site plan and shall be preserved to the extent possible. Intended removal of any of the trees must be noted on the plans with the reasoning behind the intended removal. The removal of the significant shade trees must be approved by the Planning and Zoning Commission.
(j) Where site plans are required by this section, but no more than 500 square feet of area of floor are affected, the Zoning Inspector shall forward the application for a Zoning Permit to the Planning Commission, which may waive any or all of the requirements of this section, and which may waive or modify any fees required under Section 1140.04, if the Planning Commission determines that imposition of these requirements would impose an unnecessary hardship upon the applicant.
(k) As part of the review process, the Planning Commission shall evaluate each proposed use and determine whether the proposed use is a potentially dangerous or objectionable use as regulated by Section 1159.07. In the event that the Planning Commission determines that a use regulated by Section 1159.07 is proposed, the Planning Commission shall either set applicable performance standards and requirements, as provided by Section 1159.07(c) or shall refer the matter for further review and evaluation by the Planning Commission, pursuant to Section 1101.08.
(Ord. 10-106. Passed 4-15-10; Ord. 13-150. Passed 1-9-14.)
(l) Additional Requirements: Site Plans for Development in an R-3 District. If a developer requests a zoning permit to develop in an R-3 District, in addition to the foregoing, the developer shall also submit the following:
(m) In considering a site plan for a new development in an R-3 District which involves less than 25 units, the Planning Commission shall have the right to waive or modify requirements of the Zoning Code regarding interior streets, parking, vehicular access, lot coverage and the various reports and evaluations required by Section 1140.06(l) if, by an affirmative vote of two-thirds of the members of the Planning Commission, the Commission, in its discretion, determines that:
(1) Said waiver is in the best interest of the neighborhood;
(2) Said waiver is in the best interest of the health, safety and welfare of the Village as a whole;
(3) Said waiver is consistent with the purposes and intent of the Zoning Code;
(4) Said waiver is consistent with the goals and purposes for the particular Zoning District, as set forth in the Comprehensive Plan; and
(5) Failure to waive the requirement at issue would tend to deny the property owner a substantial and economically viable use of the property.
(n) In reviewing each site plan, the Planning Commission shall consider any traffic congestion which may result from or be increased by the approval of the proposed project, and shall take steps necessary to make certain that the approved site plan causes or increases the least amount of traffic congestion feasible under the circumstances.
(Ord. 10-106. Passed 4-15-10.)