§ 153.142  STAGE III FINAL DEVELOPMENT PLAN.
   (A)   Application for final development plan approval.
      (1)   The developer of any parcel or parcels of land for which a planned unit development overlay designation has been officially adopted by City Council and so entered on the official Silverton zoning map, may submit a Stage III Final Development Plan of the development area to be developed in the first or only construction phase. Twelve copies of such plan shall be filed with the Zoning Enforcement Officer at least 30 calendar days before the next regularly scheduled Planning Commission meeting and upon payment of the appropriate fees, shall be submitted by him to the Planning Commission.
      (2)   The final detailed development plan shall conform substantially to the preliminary development plan that has received preliminary development plan approval by City Council. It should incorporate any revisions or other features that may have been recommended by the Planning Commission and Council at the Stage II review.
   (B)   The final development plan of the project area shall contain and be accompanied by the following contents unless expressly waived by Planning Commission as inapplicable:
      (1)   Topography, at a two-foot contour interval, of the proposed development area, including property lines, easements, street right-of-way, existing structures, trees and landscape features existing thereon, floodplains, wetlands, ravines, stream areas, ponds and lakes, and including a certificate, by a registered engineer or surveyor in the State of Ohio, of the gross area of the development area in acres and square feet.
      (2)   The vehicular and pedestrian traffic patterns, with a traffic impact study, including the proposed location and design of public and private streets; the directional flow and location of existing and proposed storm and sanitary sewers and sewers connecting with existing or proposed municipal interceptor, outlet or trunk sewers outside the development area; the location and design of parking and service areas; and an estimate of traffic volumes to be generated, including the assignment of traffic to proposed entrances and exits.
      (3)   The proposed public and private street system with right-of-way, all easements, the use and subdivision of all land including common and private land, and the location of each existing structure to be retained.
      (4)   A plat of the development area showing street right-of-way, subdivided and common land and easements in accordance with the requirements of the Subdivision Regulations which shall be in the proper form for recording.
      (5)   Detailed plans and specifications for all streets, sidewalks, storm and sanitary sewers, water mains, street illumination, and all other site features of the development area or that portion of the development area to be developed, designed in accordance with the Subdivision Regulations and applicable building codes. Upon approval and recommendation from the City Engineer, Planning Commission may vary the city's subdivision regulations to allow more flexibility in design.
      (6)   A detailed landscape plan showing all site features and finished grading for public and private lands within the development area.
      (7)   The final form of covenants running with the land and deed restrictions (including the use of common land); covenants, restrictions or easements to be recorded; declaration of covenants, restrictions and bylaws of a home association and its incorporation; declaration of condominium ownership and other covenants, if any, for maintenance.
      (8)   Estimated project cost, including estimates for all public and private improvements.
      (9)   Construction schedule and phasing plan.
      (10)   Descriptive data as to the type of buildings, square footage for each use and number of dwelling units in each building type.
      (11)   In the event the final development plan of a project area includes the subdivision of land, any map, plat or other data required for compliance with the provisions of the Subdivision Regulations.
      (12)   The Planning Commission may require additional drawings to supplement the above when more information is needed or when special conditions occur.
   (C)   Actions on the final development plan application.
      (1)   Within 60 days of receipt of the application for final development plan approval, the Planning Commission shall render a decision to the applicant and so notify Council. If no decision is made within the 60 day period, the final site plan shall be considered approved.
      (2)   If the Planning Commission finds that a proposed final plan of development area is in substantial accordance with and represents a detailed extension of the Stage II Preliminary Development Plan heretofore approved by Council; that it complies with all of the conditions and adjustments which may have been imposed in the approval of the concept plan; that it is in accordance with the design criteria and provisions of this Zoning Code which apply particularly to any plan of the planned unit development; that all agreements, contracts, deed restrictions, dedications, declarations of ownership and other required documents are in acceptable form and have been executed; that development pursuant to a previously approved final plan is in accordance with that plan and the approved concept plan; that all fee payments have been made and that the provisions of the Subdivision Regulations have been met; that the location, design, size and uses will result in an attractive, healthful, efficient and stable environment for commerce and/or residential development; that the design size and use are consistent with the Silverton Comprehensive Plan and any other land use plans adopted by the Planning Commission or Council; then the Commission shall approve such final development plan.
      (3)   Upon approval, the Planning Commission shall endorse its approval on a copy of the plan and shall forward it to the Zoning Enforcement Officer, who shall then issue a zoning permit to the applicant if the project conforms to all other applicable requirements.
      (4)   Upon disapproval, the Planning Commission shall so inform the Zoning Enforcement Officer. It shall also notify the applicant and the Council in writing of its decision and its reasons for disapproval.
   (D)   Staging and plan changes.  Any plan which requires more than 24 months to complete shall be constructed in phases and a phasing plan must be developed. In a phased planned unit development, it is expected that changes in the approved final plan will be required from time to time. In order to preserve the flexibility which is fundamental to planned unit development, plan changes are permitted subject to the limitations listed below.
      (1)   The changed plan must meet the basic objectives and all regulations and requirements of this application.
      (2)   All plan changes must be submitted to Council for approval.
(Ord. 2732, passed 5-19-94; Am. Ord. 09-3306, passed 10-15-09)