(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 the technology of land development that are in the best interest of the City. 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 or desirable complement of community and neighborhood facilities.

   (b)   In addition to the authority and duties expressly set forth in this chapter, the Planning Commission shall have the continuing authority to review, and to approve or deny changes in buildings, grounds and land uses within the PUD, to assure that the development originally approved is not negatively affected by such changes.

   (c)   It is the further intent of this Zoning Code that Planned Unit Development zoning be applied only in situations where conventional zoning is inappropriate or unduly restrictive. In many situations, conventional zoning will fully satisfy the objectives of the City's Master Land Use Plan. Therefore, whether or not to grant PUD zoning is within the sound discretion of the Planning Commission and City Council.

   (d)   The landowner who applies for PUD zoning is voluntarily agreeing to exchange the fixed requirements and privileges of conventional zoning for the opportunity to negotiate different requirements and privileges with the Planning Commission, subject to approval by the City Council. In that negotiation, the Planning Commission shall have authority to consider, approve or reject any and all physical features of the proposed development and any and all proposed land uses therein.

   (e)   All uses within Planned Unit Development zoning districts are subject to further regulation under Chapters 1254 through 1280 of this Zoning Code and as otherwise provided by law, except where different standards are both: (1) approved by the City within the PUD approval process; and (2) documented on the final development plan or record plan.

(Ord. 16-2003. Passed 5-1-03.)

   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 and conventional zoning. 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 as approved by Council and/or final development plan, to determine which of the allowable uses in the category may be permitted, in what combination, intensity and location, and under what conditions. PUDs may be applied for under any of the following land use categories:

   (a)   Planned Unit Development-Residential (PUD-R) may allow any permitted use in any Residential Zoning District;

   (b)   Planned Unit Development-Office (PUD-O) may allow any permitted use in any Office Zoning District;

   (c)   Planned Unit Development-Commercial (PUD-C) may allow any permitted use in any Commercial Zoning District;

   (d)   Planned Unit Development-Industrial (PUD-I) may allow any permitted use in any Manufacturing Zoning District; and

   (e)   Planned Unit Development-Mixed Use (PUD-MU) may allow any combination of any permitted uses in any commercial, manufacturing, office, or residential zoning district.

(Ord. 16-2003. Passed 5-1-03; Ord. 36-2021. Passed 10-7-21.)

   (b)   Density of Development. A PUD shall not exceed the gross density permitted in the conventional zoning district most similar in nature and function to the pertinent 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 Commission.

      (2)   Densities may be increased by the 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;

         D.   Common open space above the district requirements; or

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

   (c)   Minimum Requirements.

      (1)   Dwelling unit size, yard setback, type of dwelling unit, frontage and use restrictions, as established by conventional zoning may be waived for PUDs, provided that the intent and objectives of the Land Use Master Plan are complied with in the total development plan, as determined by the 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.

   (d)   Perimeter Requirements. If topographical or other barriers within the development do not provide reasonable privacy for existing uses adjacent to the development, the Commission shall impose either of the following requirements, or both:

      (1)   Structures located on the perimeter of the development must be set back in accordance with the provisions of the conventional zoning district most similar in nature and function to the portion of the PUD in which the structure within the development is situated.

      (2)   Structures located on the perimeter of the development must be well screened in a manner approved by the Commission.

(Ord. 16-2003. Passed 5-1-03; Ord. 37-2021. Passed 10-7-21.)

   (a)   Interior streets shall be constructed according to City structural specifications, as delineated in the Subdivision Regulations, and properly lighted and maintained to conform with City ordinances. Their minimum paved roadway widths shall ordinarily be as delineated in the Subdivision Regulations and in the Thoroughfare Plan. However, approval of interior access streets with different nonstructural dimensions will be considered by the Planning Commission and Council where the developer can demonstrate substantial compliance with the Subdivision Regulations and Thoroughfare Plan and receive approval from the City Engineer. Approval of the PUD with such differences will constitute lawful approval of a waiver of the Subdivision Regulations and Thoroughfare Plan. Where streets are constructed pursuant to such a waiver, such streets shall be privately owned and maintained, and shall be constructed entirely within a public access easement unless otherwise approved by Planning Commission. All public access easements shall be designated on the general plan, the final development plan, and the record plan for each section of the development.

   (b)   On the record plan, the following covenants shall appear which establish the rights and responsibilities of the property owner and the City with regard to public access easements:

      (1)   To ensure the public health, safety and welfare of the citizens of the city, private drives constructed within designated public access easements shall be open and accessible to fire, police and other emergency and maintenance vehicles at all times. Streets, curbs, gutters, sidewalks, tree lawns and other improvements within these easements shall be continuously maintained by the owner in good repair and kept free from all obstructions that would impede the free movement of public traffic, including but not limited to ice, snow and parked vehicles. Where necessary, in accordance with a traffic control plan approved by the City Engineer, traffic control devices shall be provided, installed and maintained by the owner. To ensure compliance with traffic control devices in public access easements, the City shall have full power and authority to enforce such controls and to prosecute violators in accord with municipal and state law.

      (2)   No public access easement shall be blocked for any purpose without prior approval of the City.

      (3)   In the event that the owner of a public access easement fails to fulfill the obligations set forth in these covenants, conditions and restrictions, the City is hereby authorized, after providing reasonable notice and opportunity for hearing to the owner of the fee interest in the easement area, to take such corrective action as it deems necessary, to charge the fee owner for the entire cost thereof, and in the event of failure of prompt payment, to collect said costs as a special assessment against the property.

(Ord. 16-2003. Passed 5-1-03; Ord. 38-2021. Passed 10-7-21.)

   Collector streets and major thoroughfares shall be designated as such by the developer upon the submission of the general plan. Such designations shall be subject to modification by the Planning Commission so that an efficient circulation system is established in relation to other existing or planned streets in the area. There shall be no direct access from single-family residential lots to a major thoroughfare, and direct access from single-family residential lots to collector streets shall be minimized.

(Ord. 16-2003. Passed 5-1-03.)

   (a)   There shall be provided outside the public or private right-of-way the minimum number of parking spaces required in Chapter 1262 of this Zoning Code. Where appropriate, common driveways, parking areas, walks and steps shall be provided, maintained and lighted for night use. Screening of parking or service areas may be required through ample use of trees, shrubs, hedges and screening devices.

   (b)   All non-residential parking spaces and service drives shall be improved with bituminous, concrete or equivalent surfacing as approved by Staff and the City Engineer.

   (c)   All residential parking spaces shall be improved with concrete or equivalent surfacing as approved by Staff and the City Engineer and so graded and drained to properly collect all surface water accumulation within the area. All paved areas in PUD districts shall be curbed to City street specifications unless waived by the Planning Commission for good cause.

(Ord. 16-2003. Passed 5-1-03; Ord. 39-2021. Passed 10-7-21.)

      (2)   For PUD-O, PUD-C, PUD-I, and the nonresidential portions of PUD-MU. Common open space of at least 25% shall be required, unless waived by the Planning Commission for good cause. The Planning Commission shall establish the percentage of the lot dedicated as open space for all lots. This open space shall not include structures, roadways and other paved areas, and other impervious surfaces.

      (1)   A.   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 Commission for guaranteeing:

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

            2.    Continuity of proper maintenance;

            3.    Availability of funds required for such maintenance;

            4.    Adequate insurance protection; and

            5.    Recovery for loss sustained by casualty, condemnation or otherwise.

         B.   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 open space to the specified purposes.

      (2)   By dedication to the City as publicly owned and maintained open space. All common open space proposed for dedication to the City must be acceptable with regard to size, shape, location and improvement. The City Council shall not accept such dedications unless the open space will be of substantial use and benefit not only to occupants of the PUD, but also to the greater Trenton community. Acceptance of such dedications by the City shall be in the City Council’s sole discretion, and the City shall have no obligation to accept any such dedication, regardless of its merit.

(Ord. 16-2003. Passed 5-1-03; Ord. 40-2021. Passed 10-7-21.)

   One of the principal purposes of these Planned Unit Development regulations is to encourage the preservation of natural watercourses and wooded areas, and the attractive development of lawn areas for human enjoyment. With creative planning, often involving the clustering of buildings, these purposes can be very compatible with the developer's desire to achieve an unusually attractive and functional project at a reasonable cost. The Planning Commission seeks to be a creative partner in achieving these mutual goals.

(Ord. 16-2003. Passed 5-1-03.)

   A well designed pedestrian and bicycle circulation system is essential and should be separated as completely and as reasonably as possible from the vehicular street system in order to provide pedestrian and bicycle safety and freedom of vehicular movement. This system shall be designed to serve the pedestrian and bicycle needs of surrounding neighborhoods as well as the PUD.

(Ord. 16-2003. Passed 5-1-03.)

   Each PUD that is primarily non-manufacturing in character shall provide for uniform underground installation of utilities, including, for example, electricity, telephone, and cable television. In PUDs that are primarily manufacturing in character, utilities shall be installed as approved by the Planning Commission. Utility installation and maintenance of facilities shall be in accordance with the requirements and regulations of the City and of the utility authority having the right of installation and maintenance. A PUD shall not be approved unless adequate assurance is given that adequate public or central water and sanitary sewers will be available at the first occupancy.

(Ord. 16-2003. Passed 5-1-03.)

   (a)   Each PUD shall provide reasonable visual and acoustical privacy for dwelling units within the PUD and on parcels contiguous to the PUD. Fences, insulation, walls, barriers and landscaping shall be used, as appropriate, for the protection and aesthetic enhancement of property and the privacy of its occupants, the screening of objectionable views or uses and the reduction of noise.

   (b)   High-rise buildings shall be located within a PUD in such a way as to dissipate any adverse impact on adjoining low-rise buildings and shall not invade the privacy of the occupants of such low-rise buildings. In PUDs that are not primarily residential in character, these requirements may be relaxed as the Planning Commission finds appropriate.

(Ord. 16-2003. Passed 5-1-03.)

   Effective erosion and sedimentation controls shall be planned and applied according to the requirements per section 1212.05 Soil and water management standards of the City code.

(Ord. 16-2003. Passed 5-1-03; Ord. 41-2021. Passed 10-7-21.)

   The process of application, review and approval of a PUD shall include the plans, documentation, subdivider's contract and performance guarantees 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. Through the PUD approval process, the subdivider acquires only those special rights, privileges and concessions that are expressly granted. Otherwise, the developer must conform to the requirements of the most restrictive conventional zoning category which is encompassed by the PUD zoning category as set forth in Section 1268.02.

(Ord. 16-2003. Passed 5-1-03.)

   Application for a PUD shall be processed through 3 mandatory steps:

   (a)   Step 1: Approval of the General Plan and Amendment of the Official Zoning Map. Application for a zoning change to PUD shall include a general plan conforming to the requirements of Section 1268.16(d). Approval procedures for Step 1 of the PUD process are set forth in Section 1268.16. Approval requires action by both the 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 1268.19. Approval procedures for Step 2 of the PUD process are set forth in Sections 1268.20 and 1268.21. Approval requires action by the Planning Commission only.

   (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 1268.22. Approval requires action by both the Planning Commission and City Council.

(Ord. 16-2003. Passed 5-1-03.)

   To obtain information regarding the PUD approval process, requirements, and other information relative to the PUD application, each applicant is highly encouraged to engage in informal consultations with the Planning Commission or its designated officer 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. 16-2003. Passed 5-1-03.)

   (a)   Application for PUD zoning shall be made by the property owner or his or her authorized agent in the same manner as a request for any other zoning district designation. The rezoning application shall indicate the category of PUD (PUD-C, PUD-R, etc.) requested. PUD zoning cannot be initiated by the City without the written permission of the property owner.

   (b)   The general plan, which shall be set forth in one or more maps or instruments, shall be signed by all owners of property 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. Approval of a general plan is a necessary precondition to consideration and approval of the final development plan.

   (c)   All general plans shall be presented to the Planning Commission by means of an application in the form prescribed by the Zoning Administrator. The City shall charge for processing of the application based on its actual costs incurred, including in-house processing and review and/or processing and review by public and private consultants. All such costs incurred until and including filing of the record plan shall be invoiced. An initial deposit of one thousand dollars ($1,000.00) shall be payable upon application and shall be credited toward the actual costs of processing. 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 30 days shall be deemed just cause for delaying further approvals relative to the PUD application and/or construction. Any unused portion of the initial deposit shall be returned to the applicant following the filing of the record plan with the County Recorder or upon other termination of the application process.

   (d)   The General Plan shall include:

      (1)   A declaration by the applicant 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;

         C.   The general location and purpose of all nonresidential structures;

         D.   For PUD-R: the areas of the project to be used for single-family dwellings, two-family dwellings, townhouses, garden apartment building and medium and high-rise apartment buildings, indicating for each such area the number of housing units by type and size and the number of bedrooms per unit of each class of housing proposed in any given area;

         E.   For PUD-R: the total population density for the project in number of housing units;

         F.   Descriptive data concerning the sewer, water and storm drainage facilities within the entity, whether public or private, to whom such facilities are to be dedicated or transferred;

         G.   A general description of the availability of other community facilities, such as schools, fire and police protection services and cultural facilities, if any, and how these facilities are affected by this proposal; and

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

         A.   A general location map, at appropriate scale, of the property and adjacent environs within one-quarter mile indicating City, 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 owners, existing zoning at the time of application, existing land uses, and existing streets and highways within 200 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 5-foot intervals or less, accompanied by an outline of the grading plans;

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

            1.   In the case of Office (PUD-O), Commercial (PUD-C), 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 including the approximate location and intensity of development.

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

         F.   The proposed street system for the project, including designation of arterial and collector thoroughfares agreeable to the Planning Commission, where such thoroughfares are indicated in the Thoroughfare Plan of the City or where they are otherwise necessary for efficient vehicular circulation. Such street 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 and competent traffic studies provided by the applicant;

         G.   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 Butler County Soil and Water Conservation District or other competent agency or soil scientists;

         H.   The location of all main and accessory structures, accompanied by an outline explaining intended heights, coverage and treatment of yards within the project;

         I.   The location, size and landscaping of the proposed parking lots within the project;

         J.   Pedestrian circulation features, including all sidewalks, bikeways, and paved areas within the project;

         K.   Natural features such as wood lots, significant isolated trees (of diameter at breast height of 5 inches or more), streams, and lakes or ponds;

         L.   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);

         M.   The general nature and location of public and private utilities and community facilities and services, including maintenance facilities within the project;

         N.   Recreational and other non-building areas amenities designated within the project;

         O.   A landscaping plan for the overall project, or at a minimum, for the first phase;

         P.   Sample elevations for each building type, if known;

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

         R.   Drawings indicating how PUDs on major transportation corridors and at primary gateways to the community will comply with the Streetscape Plan of the City; and

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

      (3)   Common open space information, including:

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

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

         C.   Topographical factors affecting common open space; 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).

      (4)   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.

   (e)   Where business uses are included, the Commission may require marketing studies, feasibility studies or other appropriate information deemed necessary to evaluate the economic impact on the community of the business use proposed.

(Ord. 16-2003. Passed 5-1-03.)

   (a)   The Planning Commission shall review the application for amendment of the official zoning map with the proposed general plan and may recommend the zoning map amendment and general plan to City Council if it determines that the plan satisfies, at a minimum, all of the following criteria:

      (1)   PUD zoning and the general plan are in conformance with the Comprehensive Land Use Master Plan for the City, supporting special purpose 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 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, wood lots, 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;

      (10)   The general plan appears capable of being implemented by a final development plan which meets all requirements of this chapter; and

      (11)   Implementation of the general plan will be initiated within 1 year of approval.

   (b)   The Planning Commission shall make a formal recommendation to the City Council regarding the proposed general plan and the application for amendment of the official zoning map in accordance with Section 1250.01 and this Section 1268.17. After receipt of the recommendation, City Council shall act on the recommendation in accordance with Ohio R.C. 713.12 and Section 1250.01 of this Zoning Code.

   (c)   The General Plan need not be recorded in the records of Butler County.

(Ord. 16-2003. Passed 5-1-03.)

   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. Major changes to the general plan (see definition of "Major Change" in Section 1242.01) may not be made unless and until a revised general plan is processed and approved in accordance with this chapter. Minor changes may be approved by the Planning Commission without submission of the revised general plan to City Council.

(Ord. 16-2003. Passed 5-1-03.)

   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 or approved without formal approval by City Council of both the amendment to the Official 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 last alternative may be particularly appropriate where lot sizes may depend on the particular needs of prospective purchasers, and those purchasers are unknown at the time the general plan is approved. 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 a 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 so that required open space is convenient to the properties included in the area submitted for final approval;

   (b)   The location and floor plans of all buildings, descriptive data as to land 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 (multi-family 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; and

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

(Ord. 16-2003. Passed 5-1-03.)

   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 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 by more than 10%, and any change is supported by appropriate reasons, and the overall density of the PUD district as set forth in the general plan has not been exceeded;

   (e)   The area reserved for open space and recreation satisfies the provisions of Sections 1268.07 and 1268.08;

   (f)   Satisfactory progress has been made under any previously approved final development plan 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 one year. 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. 16-2003. Passed 5-1-03.)

   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 Commission, the 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. The recorded final development plan shall incorporate the approved general plan by reference. 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.

(Ord. 16-2003. Passed 5-1-03.)

   (a)   Within 6 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 1214 of the Subdivision Regulations.

   (b)   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.

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

   (d)   Final Approval by Council. Within 90 days after approval by the Commission of the record plan, Council shall approve, modify and approve, or disapprove it.

   (e)   Recording. Upon Council approval of the record plan, the Commission shall notify the applicant. Upon payment of the required fee by the applicant and compliance with all subdivision regulations. the developer shall within 10 days thereafter file the record plan with the Butler County Recorder. The developer shall record the approved final development plan simultaneously with the record plan.

(Ord. 16-2003. Passed 5-1-03.)

   The construction of a subdivision under PUD zoning is authorized by a subdivider's 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 follows:

   (a)   If a complete record plan approval application is not submitted within 3 months of the approval of a final development plan, the final development plan shall be null and void. The Commission, for good cause, may extend for consecutive periods of 6 months or less the time for submitting the record plan application.

   (b)   If no construction has begun in the PUD within 6 months after the recording of a record plan for the overall project or any part thereof, the record plan may be vacated by resolution of the City Council and be of no further effect. The Commission, for good cause and in its sole discretion, may extend for periods of up to 6 months the time for beginning construction.

   (c)   Should a land owner who has been authorized to develop a PUD under this chapter, 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 under the current regulations. 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 under the current regulations to guarantee those dedications and public improvements which were not completed by the former owner.

   (d)   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 1268.18, or by requesting and receiving a change of zoning classification.

   (e)   If an approved record plan is vacated as provided herein, notice of such vacation shall be filed in the records of the Butler County Recorder by the Commission, and no development may 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. 16-2003. Passed 5-1-03.)

   Final development plans may be amended as follows:

   (d)   Nothing in this section shall preclude any property owner to carry out routine maintenance and repair of facilities located within an approved final development plan, provided that such maintenance and repair do not violate the approved final development plan.

(Ord. 16-2003. Passed 5-1-03; Ord. 42-2021. Passed 10-7-21.)

   The establishment of common open 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 1268.16(d)(4). After construction commences, the developer shall submit progress reports every 6 months to the Zoning Administrator, who shall review all building permits issued and compare them to the approved phasing program. If it is determined that the rate or sequence of construction of the PUD substantially differs from the phasing program, the Zoning Administrator shall so notify the developer in writing. Upon receipt of a recommendation by the Zoning Administrator, the Commission may issue such orders to the developer as it sees fit, and, upon continued violation of this section, may suspend the developer from further construction of dwelling units or nonresidential structures until compliance is achieved or a revised phasing program is submitted and approved.

(Ord. 16-2003. Passed 5-1-03.)

   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, return receipt requested and by regular first-class mail, giving opportunity for a hearing before the Planning Commission. Following opportunity for a hearing, revocation may be certified by the Chairman of the Planning Commission upon authorization by a majority of the Commission's membership. Notice of certification of such revocation shall be promptly recorded in the land records of Butler County. This administrative remedy is in addition to all other remedies and penalties for violation of this Zoning Code that are provided for herein or otherwise as a matter of law.

(Ord. 16-2003. Passed 5-1-03.)