Springboro City Zoning Code

CHAPTER 1266

Planned Unit Developments

1266.01 INTENT AND OBJECTIVES.

(a) It is the intent of this chapter to accommodate creative and imaginative planned unit developments (hereinafter referred to as PUDs) and to permit those innovations in land development that are in the best interest of the City of Springboro, in situations where conventional zoning is inappropriate or unduly restrictive. In order to accomplish this intent, it is the purpose of a PUD District to permit, in a carefully-designed development, a variety of uses and/or dwelling types, and to permit the flexible spacing of lots and buildings, the conservation of natural features of the landscape, the provision of accessible and enjoyable open spaces, and the provision of a necessary complement of community and neighborhood facilities.

(b) The Planning Commission shall hear and determine all variances and appeals from orders, requirements, decisions or determinations, made by the administrative department or administrative employees charged with the enforcement and application of the zoning ordinances with respect to all matters in a Planned Unit Development established under Chapter 1266 of the Codified Ordinances of the City of Springboro.

(Ord. 0-15-4. Passed 2-19-15.)

1266.02 PERMITTED USES; CATEGORIES OF PUDs.

An application for PUD zoning shall specify the land use category being requested. An application may specify areas proposed to be developed under different PUD categories or under combinations of PUD categories. Once PUD zoning is approved, land uses are limited by two factors: 1) the PUD category for which application was made, and 2) the authority and discretion of the Planning Commission, in its approval of the General Plan and/or Final Development Plan, to determine which of the allowable uses in the category may be permitted, in what intensity and location, and under what conditions. PUDs may be applied for under any of the following land use categories:

(a) Planned Unit Development-Business (PUD-B) may allow any permitted use in any Business Zoning District(see Section 1290.02(a)(105), Definitions);

(b) Planned Unit Development-Manufacturing (PUD-M) may allow any permitted use in any Manufacturing Zoning District (see Section 1290.02(a)(150), Definitions);

(c) Planned Unit Development-Office (PUD-O) may allow any permitted use in any Office Zoning District (see Section 1290.02(a)(150), Definitions);

(d) Planned Unit Development-Residential (PUD-R) may allow any permitted use in any Residential Zoning District (see Section 1290.02(a)(150), Definitions); and

(e) Planned Unit Development-Mixed Use (PUD-MU) may allow any combination of any permitted use in any Business, Manufacturing, Office, or Residential Zoning District as defined in Section 1266.02.
(Ord. 0-15-4. Passed 2-19-15.)

1266.03 AREA, DENSITY AND LOT REGULATIONS.

(a) Minimum Development Area for a PUD. A PUD shall contain a minimum of 1 acre. All land within the development shall be contiguous in that it shall not be divided into segments by a limited access highway or by a tract of land (other than streets or rights-of-way for public or private utility transmission lines) not owned by the landowner of the PUD.

(b) Maximum Density Development. A PUD shall not exceed the gross density permitted in the conventional zoning district on which it is based for the portion of the PUD, as determined by the Planning Commission, with the following exceptions:

(1) All densities are to be determined on the basis of gross dwelling units per acre, excluding such acreage as is used for nonresidential purposes, as determined by the Planning Commission.

(2) Densities may be increased by the Planning Commission in the net project area where the factors listed herein make a substantial improvement in the PUD:

A. Landscaping; streetscape; open spaces and plazas; use of existing landscape; pedestrian way treatment; and residential areas;

B. Setting, visual focus points; use of existing physical features such as topography; view of sun and wind orientation; circulation pattern; physical environment; variation in building setbacks; and building groups (such as clustering);

C. Design features; street sections; architectural styles; harmonious use of materials; parking areas broken by landscape features; and varied use of building types; or

D. Common space above the district requirements.

E. Availability of contiguous publicly-owned open space, off-street parking, storm water retention basins and other facilities which reduce the need for such facilities within the PUD.

(1) Dwelling unit size, yard setback, type of dwelling unit, frontage restrictions, as established by conventional zoning on which it is based shall apply, however these may be waived for PUDs, provided that the intent and objectives of Section 1266.01 are complied within the total development plan, as determined by the Planning Commission. Building separation shall be maintained in accordance with the requirements of the Fire Prevention Code and other safety codes of the City and in accordance with good design principles.

(2) Every dwelling unit shall have continuous paved pedestrian access to adequate vehicle parking facilities conveniently located nearby consistent with Chapter 1279, Parking.

(d) Perimeter Requirements. All PUD shall comply with the provisions of Chapter 1280, Landscaping. The Planning Commission may impose additional landscaping requirements to meet the objectives of this ordinance.

(e) Attached Accessory Structures. Attached accessory structures considered to be part of a principal structure shall comply with the provisions of Section 1264.05.

(Ord. 0-15-4. Passed 2-19-15.)

1266.04 COMMON SPACE.

(a) Amount and Character.

(1) For PUD-R. A minimum of 25 percent of the total acreage in a proposed development permitted by this chapter, shall be dedicated to public and/or private common space or recreation facilities available to all occupants of the PUD. This common space shall not include dwellings, streets, parking areas, residential lots, or required setbacks. Such open space shall be clearly shown on the General Plan and shall be physically situated so as to be readily accessible, available to and usable by all residents of the PUD. Water detention areas may be included in common space if attractively developed.

(2) For PUD-B, PUD-M. PUD-O, and the non-residential portions of a PUD- MU no common space is required. The Planning Commission shall establish the percentage of the lot dedicated as green space for all lots. This open space shall not include structures, roadways and other paved areas, and other impervious surfaces.

(b) Conveyance and Maintenance. All common space, shown on the Record Plan and recorded in the office of the Recorder of Montgomery or Warren County, must be conveyed in accordance with the following methods, at the option of the Planning Commission:

(1) By leasing or conveying title (including beneficial ownership) to a corporation, homeowner's association or other legal entity. The terms of such lease or other instrument of conveyance must include provisions satisfactory to the Planning Commission for guaranteeing:

A. The continued use of such land for its specified purposes;

B. Continuity of proper maintenance;

C. Availability of funds required for such maintenance;

D. Adequate insurance protection;

E. Recovery for loss sustained by casualty, condemnation or otherwise; and

F. The developer shall provide to the City at the time the Record Plan is filed for City review and approval, executed legal documents which create the aforesaid guarantees and, in particular, which will restrict the use of common space to the specified purposes.

(Ord. 0-15-4. Passed 2-19-15.)

1266.05 EXTERIOR FACADE DESIGN STANDARDS.

All structures within a development subject to the provisions of this chapter shall comply with the provisions of Section 1264.06, Single-Family Dwelling, Detached; Section 1264.05, Single-Family Dwelling, Attached/Two-Family Dwelling; Section 1264.04, Multi-Family Dwelling; Section 1264.03, Accessory Dwelling; and Section 1262.04, Non-Residential Building Design Standards, as may be applicable.

(Ord. 0-15-4. Passed 2-19-15.)

1266.06 SUBDIVISION REVIEW; CONFLICTS.

The process of application, review and approval of a PUD shall include the plans, documentation, subdivider's contract and performance guaranties required in the Subdivision Regulations for the final approval and recording of subdivisions. The Planning Commission and Council may deviate from the substantive requirements of the Subdivision Regulations and Zoning Code only to the extent necessary to achieve the functional and aesthetic objectives of the PUD.

(Ord. 0-15-4. Passed 2-19-15.)

1266.07 ESTABLISHMENT OF PUD.

Application for a PUD shall be processed in three (3) mandatory steps:

(a) Step 1: Amendment of the Zoning Map and General Plan. Application for amendment to PUD shall include a General Plan conforming to the requirements of Section 1266.09. Approval procedures for Step 1 of the PUD process are set forth in Section 1266.10. Approval requires action by the Planning Commission and City Council. Rezoning to PUD may not proceed without the concurrent approval and adoption of a General Plan by Planning Commission and City Council.

(b) Step 2: Final Development Plan. A Final Development Plan shall be prepared in conformance with the approved General Plan and in accordance with the requirements of Section 1266.12. Approval procedures for Step 2 of the PUD process are set forth in Section 1266.13 inclusive. Approval requires action by the Planning Commission.

(c) Step 3: Record Plan. A Record Plan shall be developed in accordance with the approved Final Development Plan and in accordance with the requirements set forth in Section 1266.16. Approval requires action by the Planning Commission and City Council. (Ord. 0-15-4. Passed 2-19-15.)

1266.08 PRE-APPLICATION CONFERENCE.

To obtain information regarding the PUD approval process, requirements, and other information relative to the PUD application, each applicant shall engage in informal consultations with the Director of Planning or their designate prior to filing an application. The applicant should be prepared to discuss the general concept of the PUD, with a conceptual plan. Thereafter, the Planning Commission or its designated officer shall furnish the applicant with written comments regarding such conference, including appropriate recommendations to inform and assist the applicant prior to his or her preparation of the components of the PUD zoning application. It is not required that a person requesting a pre-application conference be a legal owner or holder of an equitable interest in the subject property.

(Ord. 0-15-4. Passed 2-19-15.)

1266.09 PUD APPLICATION STEP 1: AMENDMENT OF ZONING MAP AND GENERAL PLAN APPROVAL.

(a) Application for PUD zoning shall be made by the property owner or his authorized agent in the same manner as a petition for any conventional zoning district designation as provided in Chapter 1287. The rezoning petition shall indicate the category of PUD (PUD-B, PUD-R, etc.) requested. PUD zoning cannot be initiated by the City without the written permission of the property owner and/or their agent.

(b) The General Plan (which shall be set forth in one or more maps or instruments) shall be signed by all owners of property and/or their agent within the project, shall be drawn to scale and shall be signed by an architect, landscape architect, civil engineer, or planner-in-charge authorized to practice in the State of Ohio. Approval of an amendment to the Zoning Map and General Plan are necessary preconditions to consideration and approval of the Final Development Plan. Rezoning to PUD may not proceed without the concurrent approval and adoption of a General Plan by Planning Commission and City Council.

(c) All General Plans shall be presented to the Planning Commission by means of an application in the form prescribed by the Planning Commission or the Director of Planning or their designate. The City shall charge for processing of the application as set forth in the Fee Schedule in Section 1464.05of Chapter 1464 of the Building and Housing Code of the Codified Ordinances shall be payable upon application. In addition, actual costs incurred for by public and private consultants shall be invoiced. All work done prior to formal application shall be charged to the project upon submission of the application. The developer will be billed monthly, or less frequently if deemed appropriate by the City. Failure to pay such bills within 30days of transmittal of the bill shall be deemed just cause for delaying further approvals relative to the PUD application and/or construction.

(d) The General Plan shall include:

(1) A declaration by the developer in which there is furnished:

A. Evidence that the applicant has legal control of the property including a statement of all the ownership and beneficial interests in the property and the proposed development.

B. A general statement regarding the nature, acreage and location of open space and common areas, and descriptive data as to the methods to be employed for guaranteeing its continuity and maintenance; and

C. For PUD-R, the total density for the project in number of housing units per acre;

(2) Plans drawn at a scale of 1inch equals 100 feet, or less, incorporating the following elements:

A. A general location map-at appropriate scale-of the property and adjacent environs within 1/4 mile indicating municipal, township, or jurisdictional boundaries; public facilities such as schools, parks, and other public buildings and uses; arterial streets and highways; and major utility easements.

B. An area map showing adjacent property ownership information, existing zoning at the time of application, existing land uses, and existing streets and highways within 300 feet of the parcel;

C. A professionally-prepared survey of the property, including boundaries of the property, including a legal description of the metes and bounds of the parcel and the acreage therein, and indicating existing features including public and private streets, alleys, easements, utility lines, general topography, vegetation, and physical features.

D. Existing contours at five foot intervals or less, accompanied by an outline of the grading plans;

E. A plan indicating approximate areas and arrangement of proposed uses, existing zoning districts, proposed lots and setbacks, and the amount of buildable area within each area.

1. In the case of Office (PUD-O), Business (PUD-B), Manufacturing (PUD-M), or Mixed-Use (PUD-MU) PUDs, a statement identifying the principal types of office, business, manufacturing, and/or mixed-uses that are to be included in the proposed development, uses to be excluded, and also including the approximate location and intensity of development.

2. In the case of Residential (PUD-R) PUDs, a statement identifying the density of the various residential uses within the development, and housing type(s).

F. The proposed vehicular and non-motorized transportation system for the project, including designation of arterial and collector thoroughfares, where such thoroughfares are indicated in the Mobility Master Plan, the Bicycle & Pedestrian Plan, or their successor plans, of the City of Springboro or where they are otherwise necessary for efficient vehicular and non-motorized circulation. Such plan shall identify which streets shall be public streets and which shall be private streets or drives within public access easements, points of ingress and egress, and shall be supported by appropriate traffic studies;

G. Any additional information requested by the Planning Commission or City Council.

(3) Common space information, including:

A. The percentage of acreage of common space in each part of the site;

B. The arrangement and location of proposed common areas, including proposed parks, playgrounds, school sites, and recreational facilities.

C. Topographical factors affecting common space including flood hazard areas, watercourse, wooded areas and areas with steep slopes; and

D. A statement describing the provision that is to be made for the care and maintenance of open space and recreation facilities within the PUD (if applicable).

(Ord. 0-15-4. Passed 2-19-15; Ord. O-24-6. Passed 3-7-24.)

1266.10 AMENDMENT OF ZONING MAP, GENERAL PLAN APPROVAL.

(a) The Planning Commission shall review the application for amendment of the zoning map concurrently with the proposed General Plan and may recommend the amendment to the Official Zoning Map of the City of Springboro and General Plan to City Council if it determines that the map amendment and General Plan together satisfy, at a minimum, all of the following criteria:

(1) PUD zoning and the General Plan are in conformance with the General Development Plan for the City of Springboro, supporting plans, and related legislation as adopted by City Council;

(2) An exemption to conventional zoning is justified because the Comprehensive Land Use Master Plan for the City of Springboro can be more faithfully and reliably implemented by the use of PUD zoning;

(3) The General Plan is compatible with the location, topographic and other characteristics of the site and will bear a beneficial relationship with surrounding land uses in terms of noise, smoke, dust, debris, or other nuisances;

(4) The general plan is carefully designed to support surrounding streets, utilities and other public improvements;

(5) The general plan represents an efficient and economic use of the land in view of the community's need for a balance of land uses;

(6) All public streets, utilities and services necessary to carry out the General Plan are available to the site, or will be extended or improved by the developer and/or City in time to permit the development to be properly served;

(7) Exception from conventional zoning is warranted by design goals or other criteria and/or the need to provide a variety of development opportunities within the community;

(8) The design of the development protects natural assets such as streams, woodlots, steep terrain, and other critical environments in the City;

(9) Taken as a whole the development of the proposed PUD will have a positive effect on the health, safety, and general welfare of the City of Springboro;

(10) The General Plan appears capable of being implemented by a Final Development Plan which meets all requirements of this chapter; and

(b) The Planning Commission shall make a formal recommendation to the City Council regarding the application for amendment of the zoning map in accordance with Chapter 1287 of the Zoning Code, and the proposed General Plan. After receipt of the recommendation, City Council shall act on the recommendation in accordance with Ohio R.C. 713.12, and Section 1261.02 (Zoning Map) of the Zoning Code.

(d) The General Plan need not be recorded in the records of Montgomery or Warren County.

(e) Expiration of Approval.

(1) Implementation of the General Plan will be initiated within 1year of approval in the form of an application for approval of a Final Development Plan or the General Plan approval shall be vacated. No action by City Council is required.

(2) Extensions of this expiration by the applicant for 6-month terms and upon the approval of Planning Commission. No more than two consecutive extensions may be granted.

(Ord. 0-15-4. Passed 2-19-15.)

1266.11 REVISION OF APPROVED GENERAL PLAN; MAJOR REVISIONS, MINOR REVISIONS, AND ADMINISTRATIVE REVISIONS.

(a) Revisions to Approved General Plans Generally. The Final Development Plan shall substantially conform to the approved General Plan. In the preparation of the Final Development Plan, the applicant shall not materially deviate from the approved General Plan or to the related documents with submitting an application for a Revision to the Approved General Plan.

(b) Major Revisions to General Plans.

(1) Major Revisions Defined. Major Revisions to the General Plan are changes to the General Plan that alter the use or character of a development and are defined as follows:

A. Any change in the list of permitted uses identified in the General Plan; or

B. Any increase in the development density by 15 percent or greater as follows:

1. For PUD-Rs any increase in the number of residential units resulting in a gross density increase of 15 percent or greater for the overall site;

2. For the residential component portion of PUD-MUs any increase in the number of residential units resulting in a gross density increase of 15 percent or greater for the residential portion of the site; and

3. For all other PUDs any increase in the gross square feet for the overall site equaling a gross increase of 15 percent or greater.

(2) Major Change Approval Process; Public Hearing Required. Major Revisions may not be made unless and until a revised General Plan is processed and approved by City Council following review and approval by the Planning Commission. The submission process outlined in Section 1266.09, subsection (b) through (d) shall be followed for all General Plan Major Revisions. Before any Major Revision may be passed, Planning Commission shall hold a Public Hearing. Such hearing shall be publicized as follows:

A. Newspaper. Written notice shall be placed in a newspaper of general circulation in Springboro at least 30 days prior to the date of the Public Hearing, stating the time, place of hearing and general nature of the amendment(s) proposed and that copies of the proposed Major Revision shall be on file with the City for public examination.

B. Mail Notification. Written notice of the hearing shall also be mailed by the City by first class mail at least 20 days before the date of the Public Hearing to the owners of the property within 300 feet of the subject area proposed to be rezoned to the address of such owners appearing on the County Auditor's current tax list, or the Treasurer's mailing list or any other lists that may be specified by Council.

C. Delivery Failure. The failure of mail delivery of such notice shall not invalidate any such amendment.

(3) Cumulative Effect of Minor Revisions. Even if considered to be a Minor Revisions to an approved General Plan, if the accumulative effect of subsequent revision(s) is to increase the development density of a project greater than 15 percent, as outlined in Section 1266.11(b)(1)B, the revision shall be considered to be a Major Change and subject to the provisions of this Section 1266.09, subsection (b) through (d).

(1) Minor Revisions Defined. Minor Revisions include changes to a General Plan that do not alter the use and character of a development by increasing the gross development density greater than 15 percent or modifying the list of permitted uses within the development. Minor Revisions include but are not limited to gross density increases between 5 percent and 15 percent; changes to site ingress, proposed right-of-ways and access easements, building plans or elevation design changes and changes in building location. The Planning Commission is the approving authority for minor revisions, and no review by the City Council is required.

(2) Minor Revision Approval Process. Minor Revisions to an Approved General Plan shall be processed using the outline in Section 1266.09, subsection (b) through (d). Minor Revisions to an Approved General Plan do not require a Public Hearing by the Planning Commission.

(d) Administrative Revisions to Approved General Plans.

(1) Administrative Revisions include changes to a General Plan that do not alter the use and character of a development by increasing the gross development density greater than 5 percent or modifying the list of permitted uses within the development. Administrative Revisions consist of gross density increases of less than 5 percent. All other revisions are classified as Major Changes or Minor Revisions. The Planning Director is the approving authority for administrative revisions, and no review by the City Council or Planning Commission is required.

(2) Administrative Revision Approval Process. Administrative Revisions to an Approved General Plan shall be processed using the outline in Section 1266.09, subsection (b) through (d). Administrative Revisions to an Approved General Plan do not require a Public Hearing by the Planning Commission.
(Ord. 0-15-4. Passed 2-19-15.)

1266.12 PUD APPLICATION STEP 2: FINAL DEVELOPMENT PLAN.

Before any part of a PUD subdivision may be reflected in a Record Plan and recorded, the improvements and uses previously described in an approved General Plan must be merged and detailed in a Final Development Plan. No Final Development Plan shall be considered for final approval without formal approval by City Council of both the amendment to the Zoning Map and the General Plan. Once these approvals have been received, the owner may seek approval for a Final Development Plan for the overall PUD, for sections of the PUD, or for individual parcels. The Final Development Plan shall show the following, in addition to those items required in the General Plan:

(a) The area to be developed and the area to be devoted to open space for the use of all residents of the PUD, with accurate acreage, courses and distances, as determined by an engineer or surveyor licensed in the State of Ohio who shall sign such plan and certify to the accuracy thereof. The boundaries of any area for which Final Development Plan approval is requested shall not be gerrymandered to comply with the density and open space acreage criteria but shall be proportioned and allotted so that required open space is convenient to the residential properties included in the area submitted for final approval;

(b) The location and floor plans of all buildings, descriptive data as to and elevation drawings detailing the type of buildings, the number of dwelling units in each separate type and the number of bedrooms per unit of apartment (multifamily dwelling) buildings, and the number of bedrooms in each apartment unit;

(c) Clear designations of nonresidential, mixed use and residential buildings, of nonresidential and residential spaces within buildings, and of the kinds of nonresidential land uses permissible within the nonresidential spaces, as approved by the Planning Commission;

(d) A title guarantee or rider to an existing policy, prepared by a reputable title company, showing the legal description of the land which has been set aside for open space and showing appropriate restrictions, limiting the use of such land to recreation and open space in perpetuity and granting owners and residents of the area to be developed a right to an easement of use in such open space;

(e) A detailed plan setting forth the manner, means and proposed time of transfer of the land reserved for open space to a nonprofit entity and the obligations and rights of use of such open space by all residents of the area;

(f) Assured provisions for continuously and adequately financing the expenses of the nonprofit entity.

(g) A general description of the availability of community facilities, such as schools, fire and police protection services and cultural facilities, if any, and how these facilities are affected by the development.

(h) Drainage control, including a plan showing provisions for the control of erosion and sedimentation during and after construction, such plan to be accompanied by documentation indicating the review and recommendation of the plan by the Warren County Soil and Water Conservation District or other competent agency or soil scientists.

(i) Principal ties to the community at large, with respect to transportation, water supply and sewerage collection and treatment and City plans (i.e., Water and Sewer Master Plans).

(j) The general nature and location of public and private utilities and community facilities and services, including maintenance facilities within the project.

(k) Recreational and other non-building areas amenities designated within the project.

(l) A soil interpretive map, indicating the degree of limitation; suitability of existing soils for each area and type of development.

(m) PUDs on major transportation corridors and at primary gateways to the community shall comply with the recommendations of the Streetscape and Identity Plan of the City of Springboro.

(n) A document describing the proposed phasing program for the project for all public improvements, structures, and common facilities. Such document shall identify the separate final development plans to be submitted and describe their sequence and timing.

(o) Building material samples.

(Ord. 0-15-4. Passed 2-19-15.)

1266.13 CONDITIONS FOR APPROVAL OF FINAL DEVELOPMENT PLAN.

The Planning Commission shall review each Final Development Plan and approve, modify and approve, or disapprove the plan and transmit notice thereof to the applicant within a reasonable time. The Commission shall give the final approval of uses only upon finding that the following requirements are met:

(a) No requirement of this chapter, as existing at the time of General Plan approval, is violated by the Final Development Plan;

(b) The final development plan accurately sets forth the area to be developed and the area to be set aside as open space with appropriate boundaries established by course and distances, and the acreage within the area to be approved is set forth as well as the acreage of the area to be set aside as open space for the use of all residents of the area;

(c) The Final Development Plan is substantially in accordance with the General Plan that had been previously filed with and approved by the Planning Commission and City Council;

(d) The density of dwelling units in any area of the PUD does not exceed that shown on the General Plan;

(e) The area reserved for open space and recreation satisfies the requirements of Section 1266.04;

(f) Satisfactory progress has been made under previously approved set Final Development Plans with respect to the provision and improvement of indicated open space and recreational facilities;

(g) The Final Development Plan accurately sets forth a schedule demonstrating proportionate development of the open space and recreational facilities in conjunction with the total project. A performance bond may be allowed to substitute for actual construction. Any construction covered by a performance bond shall be completed within 1 year of the schedule. The amenities included in each phase shall be substantially completed prior to the issuance of occupancy permits; and

(h) All areas designated for public acceptance are conceptually satisfactory to the City, including public access easements. (Ord. 0-15-4. Passed 2-19-15.)

1266.14 FINAL DEVELOPMENT PLAN APPROVAL.

The Planning Commission shall approve, modify and approve, or deny an application for approval of a Final Development Plan within a reasonable time after the date of such application. Upon approval of the Final Development Plan by the Planning Commission, the Planning Commission shall:

(a) Furnish the developer with written notice of approval;

(b) Authorize the issuance of a zoning certificate for each structure indicated in the approved Final Development Plan; and

(c) See to it that the Final Development Plan is recorded. Record the Final Development Plan with specific reference to the approved General Plan. Approval of a Final Development Plan does not obligate the City Council to approve the Record Plan. Planning Commission approval of a Final Development Plan is a necessary precondition to consideration and approval of a Record Plan.

(d) Expiration of Approval.

(1) Within 12 months of approval of the Final Development Plan for any specific area within the project or for the overall project, a Record Plan for the area shown on the Final Development Plan shall be submitted in accordance with Chapter 1248 and Chapter 1250 of the Subdivision Regulations or the Final Development Plan approval shall be vacated. No action by City Council is required.

(2) Extensions of this expiration by the applicant for 6-month terms and upon the approval of Planning Commission. No more than two consecutive extensions may be granted.

(Ord. 0-15-4. Passed 2-19-15.)

1266.15 MAJOR AND MINOR REVISIONS TO APPROVED FINAL DEVELOMENT PLANS.

(a) Major Revisions.

(1) Major Revisions Defined. A Major Revision to an Approved Final Development Plan is defined to include any of the following changes:

A. A 25 percent increase in the overall building footprint of any structure;

B. The alteration of the location of structures by more than 10 feet

C. Any change to location of common space, proposed rights-of-way or access easements; or

D. The reduction of off-street parking or loading space more than 25 percent.

(2) Approval Process. Major Revisions to an Approved Final Development Plan will be reviewed under the submission requirements, conditions and approval process outlined in Section 1266.12 through Section 1266.14.

(b) Minor Revisions.

(1) Minor Revision Defined. A Minor Revision to an Approved Final Development Plan is defined as any change that does not meet the minimum thresholds established in sub-section(a)(1) above.

(2) Minor Revision Approval Process. Minor Revisions to an Approved Final Development Plan may be reviewed and approved by the Director of Planning or their designate.

(Ord. 0-15-4. Passed 2-19-15.)

1266.16 PUD APPLICATION STEP 3: RECORD PLAN.

(a) Documents. At the time Record Plans are filed with the Planning Commission, the developer shall also file:

(1) Cost estimates for all public improvements in the subdivision plan; and

(2) Other documents and assurances required by the Subdivision Regulations.

(b) Final Approval by Planning Commission. Within 60 days after the Record Plan is filed, with all necessary documents and exhibits, the Planning Commission shall approve, approve and modify or disapprove the Record Plan and forward its recommendation to City Council.

(c) Final Approval by Council. Within 60 days after approval by the Planning Commission of the Record Plan, Council shall approve, modify and approve, or disapprove it.

(d) Recording. Upon Council approval of the Record Plan, the Planning Commission shall notify the applicant, and thereafter, upon payment of the required fee by the applicant and compliance with all subdivision regulations, the City shall see to it that the Record Plan maps and other related documents are recorded with the Recorders Office Montgomery and/or Warren County. At the same time, the Final Development Plan corresponding to the Record Plan shall also be recorded by the City.
(Ord. 0-15-4. Passed 2-19-15.)

1266.17 FAILURE TO BEGIN OR CONTINUE PLANNED UNIT DEVELOPMENT.

(a) The construction of a subdivision under PUD zoning is authorized by agreement between the City and the land owner. This agreement, regardless of its form, is a contract intended to assure the orderly construction of a complete, well-planned development. Should the land owner breach this contract by abandoning construction or failing to proceed with the development at the pace agreed upon, the City shall be entitled to implement certain remedies, as set forth in the following paragraphs.

(b) If a complete Record Plan approval application is not submitted within 12 months of the approval of a Final Development Plan, the Final Development Plan shall be null and void. The Planning Commission, for good cause, may extend for consecutive periods of 6 months the time for submitting the Record Plan application. No more than 2 consecutive extensions may be granted.

(c) If no construction has begun in the PUD within 12 months after the recording of a Record Plan for the overall project or any part thereof, the Record Plan may be vacated by legislation of the City Council and be of no further effect. The Planning Commission, for good cause, may extend for periods of up to 6 months the time for beginning construction. No more than 2 consecutive extensions may be granted.

(d) Should a land owner who has been authorized to develop a PUD under this Chapter 1266, or under any previous PUD regulations of the City, sell or otherwise convey ownership of any part of that PUD to another before all planned public improvements such as streets, curb cuts, and utilities are constructed therein in accord with plans and specifications approved by the City, and/or before all lands required for the public use therein have been dedicated to the City, that land owner shall be deemed to have abandoned that portion of the PUD and to have breached all agreements with the City to the extent that they relate to development of the portion sold. In case of such abandonment and breach, the City may, pursuant to a recommendation by the Planning Commission and approval by the City Council, pursue any of the following remedies or any others available to it under the law:

(1) Enforce the subdivider's contract executed by the breaching owner, if such contract exists.

(2) Withdraw its approval of all plans for that portion of the PUD and require any subsequent owner desiring to develop the site to begin with submission of a proposed new General Plan. This remedy may be particularly appropriate when the new land owner intends to be a subdivider of the conveyed property.

(3) In a situation where the new owner wishes to continue the development of a subdivision, require the new owner to execute a subdivider's contract, performance bond and all other documents and assurances required by the City to guarantee those dedications and public improvements which were not completed by the former owner.

(e) In the event that the new owner and the City agree to implement the third alternative, the new owner may proceed in accord with the approved Final Development Plan, under the provisions of this Chapter. If for any reason the subdivision has not received approval of a General Plan, Final Development Plan and Record Plan, the new owner shall enter the review process set forth in this Chapter to obtain any approval not obtained by the previous owner. Thereafter, the new owner shall not deviate from the approved plans except through the revision procedures of Section 1266.11, or by requesting and receiving a change of zoning classification.

(f) If an approved Record Plan is vacated as provided herein, notice of such vacation shall be recorded in the records of Montgomery and/or Warren County by the Planning Commission, and no development can proceed on any part of the included lands until such time as a new Final Development Plan and Record Plan have been submitted and approved.

(Ord. 0-15-4. Passed 2-19-15.)

1266.18 PHASING.

The establishment of common spaces and the construction of public or common residential facilities shown on the recorded Final Development Plan, together with the construction of other nonresidential structures, shall proceed substantially in accordance with the phasing program submitted pursuant to Section 1266.12(n).

(Ord. 0-15-4. Passed 2-19-15.)

1266.19 VIOLATIONS.

(a) Whenever the Planning Commission finds, in the case of an approved Final Development Plan, that any term, condition or restriction incorporated into the plan is not being complied with or performed, the Planning Commission may rescind and revoke such approval. Notice of intent to revoke shall be served upon the owner(s) by certified mail. Following opportunity for a hearing before the Planning Commission, revocation may be certified by the Chairman of the Planning Commission upon authorization by a majority of the Planning Commission's membership. Notice of certification of such revocation shall be promptly recorded in the land records of Montgomery and/or Warren County.

(b) Violation of an approved Final Development Plan for the PUD, as approved, shall constitute a violation of this Zoning Code, punishable as provided in Section 1288.02.