(A) Prerequisites.
(1) City Council approval and continuing validity of a preliminary planned unit development plan;
(2) City Council approval of the public improvement plans and specifications proposed in, adjacent to, or necessary to serve lots or outlots depicted in the area for which final plat approval is sought;
(3) Prior to recording the final planned unit development plan payment of any and all applicable fees; and
(4) Prior to recording the final plat, the posting of any required final plat public improvement payment, performance and workmanship bond; filing and establishment of any required adjacent street substandard roadway improvement guarantees and security; making of any required public land dedications or cash contribution in lieu thereof; and obtaining and filing with the city of any off-site easements or right-of-way for public improvements serving the site.
(B) Submission. The owner or developer shall submit to the Superintendent of City Services 1 mylar, 12 half-size paper prints, and 1 digital computer-aided drafting file copy of a final plat, in a form and providing all the information, data and supporting material required by § 152.063 and retaining the design characteristics of the approved preliminary development plan and public improvement engineering plans and specifications. The 1 transparent mylar shall be considered the official copy.
(C) Distribution of final development plan for review and comment. The Superintendent of City Services shall route 1 or more copies of the final development plan to City Engineer for review and comment. One copy of the final development plan shall be made available to members of the City Council prior to their consideration of the plan.
(D) Review, referral, and approval or disapproval. Within 30 days from the submission of a final development plan and supporting materials, the Superintendent of City Services shall review the final development plan to determine the extent to which it conforms with the approved preliminary development plan and approved public improvement plans and specification, and shall further review the supporting material to determine its conformance with the requirements of this code. If the final development plan substantially conforms with the approved preliminary development plan and public improvement plans and specifications, and if the supporting material meets all code requirements, then the Superintendent of City Services shall recommend approval to the City Council of the final development plan within 30 days from the date of its review. If the final development plan does not in some way substantially conform with the approved preliminary development plan or if the supporting material does not conform with all code requirements, then the Superintendent of City Services, within 30 days from the date of its review, shall take 1 of the following actions:
(1) Recommend approval of the final development plan;
(2) Recommend approval of the final development plan, with conditions; or
(3) Refer the final development plan to the Planning Commission for legislative public hearing, at which time and place the Planning Commission shall determine the extent to which the final development plan conforms or fails to conform with the standards of this code. The Planning Commission shall, not later than 30 days after the adjournment of the legislative public hearing, transmit its recommendation on the final development plan to the City Council. Within 60 days from the receipt of the Planning Commission’s recommendation with respect to the final development plan, the City Council shall, by ordinance, approve or disapprove the plan. The City Clerk shall then cause 7 paper, 1 reproducible mylar, and 1 digital computer-aided drafting file copy of the approved final development plan with the signatures affixed thereon to be made and shall distribute the copies in the following manner:
1. One paper and 1 reproducible mylar copy together with the computer digital copy shall be sent to the Superintendent of City Services;
2. One copy shall be sent to the Piatt County Soil and Water Conservation District, if required;
3. One copy shall be sent to the City Planner;
4. One copy shall be sent to the Fire Chief;
5. One copy shall be sent to the owner or developer;
6. One copy shall be retained by the City Clerk for filing; and
7. One copy shall be sent to the appropriate Superintendent of Schools.
(E) Changes in the final development plan.
(1) Minor changes in the location, siting, height, or character of the buildings and structures may be authorized by the Superintendent of City Services, if required by engineering or other circumstances not foreseen at the time of adoption of the ordinance approving the final development plan.
(2) No change authorized by this division may cause any of the following:
1. A change in the use or character of the development;
2. An increase in the intensity of use of over 10%;
3. An increase in any dimension of a building or structure by more than 5% in any direction;
4. A reduction in an approved open space of 5% or more;
5. A reduction in off-street parking and loading space of 5% or more, provided minimum code requirements are met; or
6. A reduction in required pavement widths of 5% or more, provided minimum code requirements are met.
(F) Revocation of approved planned unit development.
(1) The City Council may consider an approved final planned unit development plan subject to revocation if construction falls more than 2 years behind the schedule filed with the final development plan or if development exceeds 5 years.
(2) The owner of property in a planned unit development plan or the owner of any portion thereof may petition for revocation of the planned unit development plan in whole or in part.
(3) Upon initiation by the City Council or the owner of property in an approved planned unit development requesting vacation of the planned unit development in whole or in part, the City Council shall refer the item to the City Planning Commission for public hearing and recommendation. Notice of the hearing shall be provided by the Planning Commission in the manner set forth for legislative public hearings by the Planning Commission. Additionally, the Planning Commission shall provide personal notice to all persons having an ownership interest in the planned unit development. The personal notice shall be provided based on ownership recorded with the Recorder of Deeds of Piatt County. Personal notice shall be by regular U.S. mail or personal delivery at least 5 days prior to the public hearing on revocation.
(4) The Planning Commission shall conduct a legislative public hearing and make a recommendation to the City Council regarding revocation of the planned unit development.
(5) Upon receipt of the Planning Commission recommendation, the City Council shall take up and consider the petition to revoke in whole or in part the subject planned unit development. The City Council may approve or deny, in whole or in part, revocation of the subject planned unit development. The City Council may impose reasonable conditions on the revocation in order to advance the health, safety, and welfare of the citizens.
(6) In the event the City Council revokes an approved planned unit development plan in whole or in part, then the City Clerk shall file a notice of the revocation with the Piatt County Recorder of Deeds.
(7) Revocation of an approved planned unit development plan shall preclude any additional construction pursuant to the revoked plan, except construction determined necessary by the city to wind up the development and put the same in a safe and sanitary condition. Any security posted to guarantee installation of required public improvements shall continue in effect until all approved public improvements are completed, all windup construction is completed, and all claims against the security are resolved.
(8) Upon revocation of an approved planned unit development plan, the property for which the plan is revoked shall retain its zoning district classification, absent the plan.