Application for Stage III Final Development Plan approval shall be made to the Planning Commission no less than 30 days prior to the next regularly scheduled Planning Commission meeting and shall be accompanied by 12 copies of the following information prepared and stamped by a professional civil engineer registered in the State of Ohio. The submitted Stage III Plan may include the entire site or may involve a phased approach by submitting one or more development pods for consideration of approval. The Stage III Plan submission should be at a constriction drawing level of detail. These Stage III Plans will be used by the village to inspect for conformance to the approved plans at various points during construction and post construction.
(A) Stage III Final Development Plan application contents. The contents of a Stage III Final Development Plan application shall, in addition to the items required at the Stage II submittal, the following items:
(1) The applicable Site Plan application contents required under § 153.163 of the Zoning Code.
(2) Construction schedule and phasing.
(3) The Planning Commission may require additional drawings to supplement the Plan contents above when more information is needed or when special conditions occur.
(4) The applicant shall also conform to and address all other standards, regulations and requirements set for in the Site Plan chapter of the Zoning Code consisting of §§ 153.160 through 153.166. In the event a conflict exists between a standard, regulation or requirement found in §§ 153.160 through 153.166 and this PMUD chapter, the standard, regulation or requirement in this PMUD chapter shall control.
(B) Standards of review for Stage III Final Development Plans. The Planning Commission review of a Stage III Final Development Plan shall include, but is not limited to, the following considerations when applicable:
(1) Satisfaction of the review criteria items provided in § 153.162.
(2) The Stage III Plans comply with all of the conditions set forth in the PMUD Development Agreement.
(3) The Stage III Plans are in accordance with the design criteria and provisions of this zoning code which may apply.
(4) All other agreements, contracts, deed restrictions dedications, declarations of ownership and other required documents are in acceptable form and have been executed.
(5) All required fee payments have been made.
(6) 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.
(C) 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.
(D) 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.
(E) Conformity to an approved Stage III Final Development Plan.
(1) Property subject to Stage III Final Development Plan approval must be developed in strict compliance with the approved Stage III Plan, inclusive of any amendments, which have received the approval of the Planning Commission.
(2) If construction and development does not conform with the approved Stage III plan, the approval of the Plan shall be revoked by the Zoning Enforcement Officer by written notice of the revocation being posted upon the premises involved, and mailed to the owner at his or her last known address. Upon revocation of this approval, all construction activities shall immediately cease upon the site until the time the violation has been corrected.
(a) Stage III Final Development Plan Modification. In the event the applicant requests a modification to an approved Stage III Final Development Plan, the modification request must be submitted in writing to the Zoning Enforcement Officer along with three copies of the modified Stage II Plan.
(b) After reviewing the modification request, the Zoning Enforcement Officer may either approve the modification request as a minor modification or may refer the modification request to Planning Commission for their review and consideration of approval. Based on the nature and intensity of the requested modification, the Zoning Enforcement Officer may request that a public hearing be held with the Planning Commission when reviewing this modification request.
(c) Major changes that would require Planning Commission review and approval would include but are not limited to:
1. Increases in the scope or density of land use, land area, or building size;
2. The addition of uses and/or buildings not authorized by the original approval;
3. The rearrangement of lot lines or building locations by more than five feet;
4. Changes in the character or function of access drives;
5. Significant changes in the concept of the development; or
6. Any changes which the Zoning Enforcement Officer refuses or fails to approve.
(d) A public hearing to review a modification request shall follow the procedures and guidelines set forth in § 153.034.
(e) Any approved modification to an approved Stage III Final Development Plan must be in compliance with the spirit, purpose, and intent of this Zoning Code and must comply with the purpose and intent of the approved Stage II Preliminary Development Plan.
(F) Public improvements security. If the applicant is required to install any public infrastructure at a condition of an approved plan or Development Agreement under this PMUD chapter, the village shall require the posting of a surety bond, letter of credit or other similar performance guarantee to ensure that required infrastructure improvements within the public right-of-way are completed in the event that the project is abandoned. This security must be established prior to a zoning permit or building permit being issued. The village may suspend the zoning permit when work is not performed as required by an approved PMUD plan.
(Ord. 15-3490, passed 12-10-15)