§ 1203.05. Major Subdivisions.

(A)

PURPOSE. The purpose of the major subdivision review process is to ensure compliance with this code while promoting the appropriate development of the City as provided for in the purpose of this code.

(B)

MAJOR SUBDIVISION DETERMINATION AND APPLICABILITY. A major subdivision shall include any subdivision that includes the construction of a public roadway, that does not meet the requirements of a minor subdivision (See Section 1203.04: Minor Subdivisions.), or that includes the improvement of one or more parcels of land for residential, commercial, or industrial structures, or groups of structures which ultimately are to be jointly owned under a recorded condominium property declaration under the provisions of ORC Chapter 5311.

(C)

INITIATION. Pursuant to Section 1203.02(A): Authority to File Applications, any person having authority to file applications may initiate an application for a major subdivision.

(D)

PROCEDURE. The review procedure for a major subdivision shall be as follows:

(1)

Step 1—Pre-application Conference.

a)

The applicant shall meet with the Code Enforcement Officer for a pre-application conference before submitting an application for a major subdivision.

b)

The applicant shall supply preliminary information to the Code Enforcement Officer in a form established by the Development Department.

c)

The purpose of the pre-application conference shall be to discuss the proposed subdivision, review submittal requirements, and discuss compliance with the provisions of this code prior to the submission of an application.

d)

Subsequent to the pre-application conference with the Code Enforcement Officer, the applicant may consult with, at a minimum, the City Engineer, fire department and the County Soil and Water Conservation District. The applicant shall also consult with the agencies having jurisdiction for sanitary sewer or water, where applicable.

(2)

Step 2—Application and Official Filing of the Preliminary Plat.

a)

The applicant shall submit an application in accordance with Section 1203.02: Common Review Requirements and with the provisions of this chapter.

b)

The preliminary plat shall be submitted as part of the initial application.

c)

Upon determination by the Code Enforcement Officer that the application is complete, the preliminary plat shall be accepted as being officially filed.

d)

The application and the official filing of the preliminary plat shall be in accordance with the applicable submittal deadlines of the Planning Commission.

e)

If the applicant fails to submit a complete application and preliminary plat within 180 days of the pre-application conference (Step 1), the applicant shall be required to begin the review procedure again from the pre-application conference.

(3)

Step 3—Staff Review and Staff Report on the Preliminary Plat.

a)

Upon determination that the application for a major subdivision is complete, the Code Enforcement Officer shall transmit copies of the application for review by applicable agencies including, but not limited to, the City Engineer, fire department, agencies having jurisdiction for water and/or sanitary sewer, or other agencies the Code Enforcement Officer deems appropriate.

b)

Such agencies shall supply comments and recommendations to the Code Enforcement Officer prior to the regularly scheduled Planning Commission meeting where the preliminary plat will be reviewed.

c)

Prior to the Planning Commission meeting where the preliminary plat is scheduled for review, the Code Enforcement Officer shall review the preliminary plat and prepare a staff report.

(4)

Step 4—Review and Decision on the Preliminary Plat by the Planning Commission.

a)

The Planning Commission shall not consider a major subdivision unless the preliminary plat is officially filed (Step 2).

b)

The Planning Commission shall hold a public meeting to review and decide on the preliminary plat. The Planning Commission shall approve, approve with conditions, or deny the preliminary plat. The Planning Commission may also continue the meeting if questions regarding the plat are not satisfactorily addressed by the applicant.

c)

If the Planning Commission denies the preliminary plat, the applicant shall not move forward in the review process until a preliminary plat is approved by the Planning Commission, or an appeal is granted by City Council.

d)

Appeal of a Decision by Planning Commission to Court of Common Pleas.

i)

If the Planning Commission denies the application for a preliminary plat, the applicant may appeal the decision to the applicable court of common pleas within 30 days of the Planning Commission's decision.

ii)

An appeal pursuant to this section shall be initiated by filing a written appeal of the administrative decision with the Code Enforcement Officer.

iii)

The applicant shall submit an application in accordance Section 1203.02: Common Review Requirements.

iv)

Upon receiving the written appeal of the Planning Commission's decision on a preliminary plat, the Development Department shall transmit the written appeal with all papers, documents, and other materials related to the appealed decision or determination to the Clerk of Council. This material shall constitute the record of the appeal.

v)

The City Council shall hold a public hearing within 45 days of the filing of the appeal provided adequate notification is provided pursuant to Section 1203.02(H): Public Notification for Public Hearings.

vi)

Any person affected by the appeal may appear at the public hearing and testify in person, or by attorney or agent.

vii)

The City Council shall render a decision on the appeal without unreasonable delay. The Clerk of Council shall notify the appellant in writing of the decision of the City Council.

viii)

A decision or determination shall not be reversed or modified unless there is competent, material, and substantial evidence in the record that the decision or determination fails to comply with either the procedural or substantive requirements of this code.

(5)

Step 5—Submission of the Construction Drawings.

i)

The applicant's engineer shall prepare construction drawings, which shall conform to the approved preliminary plat and include all work to be performed. In cases where the applicant proposes to develop the subdivision in phases, construction drawings shall be submitted for each individual phase.

ii)

The applicant shall supply the construction drawings to the Code Enforcement Officer in a form and number established by the Development Department.

iii)

If the applicant finds, in the process of preparing construction drawings, that the approved preliminary plat is not workable and changes in layout are required, the applicant shall inform the Code Enforcement Officer and City Engineer. The Code Enforcement Officer may require that a revised preliminary plan be submitted for re-approval following Steps 2 through 4 above.

iv)

The City Engineer shall accept performance bonds pursuant to Section 1203.05(1): Bonding Requirements.

(6)

Step 6—Staff Review and Decision on the Construction Drawings.

a)

The Code Enforcement Officer shall distribute copies of the construction drawings to the City Engineer and, where applicable, the applicant shall submit the construction drawings to the agencies having jurisdiction for sanitary sewer or water, the Ohio Environmental Protection Agency, and any other applicable agencies.

b)

The review agencies shall provide comments and recommendations on the construction drawings to the Code Enforcement Officer.

c)

A copy of the construction drawings shall be marked and returned to the applicant's engineer for corrections, if necessary.

d)

If found to be satisfactory by the City Engineer, the original tracing shall be submitted for approval signature by the Code Enforcement Officer, City Engineer, and the agencies having jurisdiction over sanitary sewer or water (where applicable).

e)

Improvements shall not be constructed until such time as the City has accepted the performance bond, and the City and other applicable agencies have approved the construction drawings. The applicant is required to participate in a pre-construction meeting and file all bond documents with the City Engineer prior to commencing construction of improvements.

(7)

Step 7—Filing of the Final Plat.

i)

The applicant shall submit the final plat in accordance with Section 1203.02: Common Review Requirements and with the provisions of this chapter.

ii)

Upon determination by the Code Enforcement Officer that the final plat has been properly submitted, the final plat shall be accepted as being filed.

iii)

The application and the official filing of the final plat shall be in accordance with the applicable submittal deadlines of the Planning Commission.

iv)

The final plat submission shall include the submission of construction drawings for the corresponding phase of development.

(8)

Step 8—Staff Review and Staff Report on the Final Plat.

a)

Upon determination that the application for a final plat is complete, the Code Enforcement Officer shall transmit copies of the application for review by the City Engineer and other applicable agencies the Code Enforcement Officer deems appropriate.

b)

The City Engineer and agencies shall supply comments and recommendations to the Code Enforcement Officer prior to the regularly scheduled Planning Commission meeting where the final plat will be reviewed.

c)

Prior to the Planning Commission meeting where the final plat is scheduled for review, the Code Enforcement Officer shall review the final plat and prepare a staff report.

(9)

Step 9—Review and Recommendation on the Final Plat by the Planning Commission.

a)

The Planning Commission shall hold a public meeting to review and make a recommendation on the final plat. The Planning Commission shall take one of the following actions:

i)

The Planning Commission shall give a favorable recommendation on the final plat authorizing its secretary, or any other officer of the Planning Commission, to indicate such approval and the date on the tracing of the final plat.

ii)

If the construction drawings have not been approved by the City Engineer (Step 6) by the time of the Planning Commission's scheduled meeting, the final plat may be placed on the agenda for the next Planning Commission meeting for action.

iii)

Should the Planning Commission deny the final plat, written notice of such action, including reference to the regulation or regulations not complied with by the plat, shall be given to the applicant and the applicant's engineer and/or surveyor. The action shall also be entered on the official records of the Planning Commission.

b)

The chairperson of the Planning Commission shall certify the final plat by signing and dating the final plat upon recommendation of approval from the Planning Commission.

c)

Upon making a favorable or unfavorable recommendation, with or without conditions, the final plat shall be forwarded to City Council for review and decision.

(10)

Step 10—Review and Decision on the Final Plat by the City Council.

a)

After full compliance with this section, the Development Department shall request the Clerk of Council to prepare the necessary legislation for City Council for introduction no later than 60 days of the recommendation of Planning Commission.

b)

Council shall review the final plat with access to the files of the Planning Commission.

c)

If approval is given, the plat and any appropriate documents shall be signed by the Mayor and Clerk of Council upon passage of the acceptance legislation by City Council.

d)

All drawings shall be returned to the Development Department after approval by City Council. The Code Enforcement Officer shall notify the applicant of the action by City Council by mail or digitally within five days after the action by City Council. The original tracing shall be returned to the applicant for recording in the applicable county recorder's office.

(E)

REVIEW CRITERIA. In order to approve a major subdivision, the Planning Commission and City Council, as appropriate, shall determine the following:

(1)

That the major subdivision complies with all applicable provisions of this code;

(2)

That the major subdivision does not conflict with other regulations, plans, or policies of the City;

(3)

That applicable review agencies have no objections that cannot be resolved by the applicant; and

(4)

That the major subdivision is not otherwise contrary to the interest of the City.

(F)

GENERAL COMPLIANCE.

(1)

All improvement standards set forth in this chapter shall apply unless otherwise waived or varied by the City in accordance with the procedures of Section 1203.04(H): Variances and Appeals, Section 1203.05(P): Variance of Subdivision Design and Improvement Standards, Section 1203.09: Administrative Waivers or Section 1203.10: Alternative Equivalent Compliance, as applicable.

(2)

Where a tract of land is proposed to be subdivided in several stages or phases over a period of years, the applicant shall be required to submit a preliminary plat for the entire tract (subdivision) to be eventually developed. Such preliminary plat shall illustrate appropriate sectioning or phasing adequate to demonstrate to the Planning Commission that the total design as proposed for the entire subdivision is acceptable under the terms of this code including conformance with the thoroughfare plan, applicable county plan, and/or Comprehensive Plan, as determined by the City Engineer. The Planning Commission shall review and decide on the preliminary plat for the entire subdivision. The Planning Commission, City Engineer, and City Council, as applicable, may review and make decisions on the final plat and improvements plan for each individual section or phase.

(3)

The city shall withhold all public improvements, including the maintenance of streets and the furnishing of water service, to all subdivisions that have not been approved and to all areas dedicated to the public that have not been accepted by the Planning Commission and City Council in the manner prescribed in this code.

(4)

The subdivision plat shall conform to design standards that will encourage good development patterns and particularly to the principles, standards, policies and proposals which are specified in the Comprehensive Plan. Therefore, the thoroughfare plan, drainage rights-of-way, school sites, public parks and recreation sites and other public buildings and facilities shown on the officially adopted Comprehensive Plan shall be considered in the decision to approve or disapprove subdivision plats. Each subdivision design shall be in accordance with all applicable sections of the this code, as amended. The City Engineer, at any time during design or construction or even after the recording of the final plat, shall have the authority to modify any engineering or construction detail, whenever required for the protection of the public interest, health, safety or welfare.

(5)

No construction shall take place until a bond, as required by this code, is received and approved by the City Engineer.

(G)

TIMING OF APPROVALS.

(1)

Effect of Preliminary Plat Approval.

a)

An approved preliminary plat is to be used as a guide for the preparation of construction drawings and the final plat for final approval and recording upon fulfillment of all conditions of the preliminary plat approval and all provisions of this code.

b)

Approval of a preliminary plat shall be valid for a period of up to five years from the date of approval unless construction is completed in phases and accordingly approved. If the site is to be developed in phases, the construction of each phase must be complete within three years of the completion of the previous phase. In all cases, a platted development should be completed within ten years.

c)

Upon expiration of a preliminary plat approval, no approval of a final plat shall be given until the preliminary plat has been resubmitted and approved pursuant to Section 1203.05(D): Procedure.

(2)

Effect of Final Plat Approval.

a)

Recommendation of approval of a final plat by the Planning Commission shall not be an acceptance by the public of the offer of dedication of any street, highway, or other public way or open space upon the plat, until such acceptance is also endorsed by the City Council upon the tracing of the final plat.

b)

The Planning Commission's recommendation of approval shall expire if the final plat is not presented to the City Council for approval within one year of the Planning Commission's preliminary plat approval.

c)

Approval of the final plat by City Council will become void if the final plat is not recorded with the applicable county within six months of the approval by City Council. If voided, resubmission of the final plat is required pursuant to Section 1203.05(D): Procedure.

(3)

Liability. The approval of plans by the City shall not relieve the owner, developer or his or her engineer of any liabilities, damages or legal action which may result from faulty, careless or negligent design or construction observed within the guarantee period.

(H)

ESTIMATED COST. Upon approval of the construction drawings by the City Engineer, and before starting any construction work, the developer's engineer shall prepare and submit to the City Engineer and/or the agencies having jurisdiction over sanitary sewer or water (where applicable), an independent estimate of costs, by item, for construction surveying; construction of roads, storm and sanitary sewers, sanitary treatment plants, pumping stations and water supply systems; drainage structures; erosion control, storm water management basins, restoration of land and site clean-up; and other related items. The total estimated cost, including labor, shall be prepared and signed by the developer's engineer. The City Engineer and/or the agencies having jurisdiction over sanitary sewer or water (where applicable), may add to the developer's estimate an amount to cover contingencies, including permit and inspection costs, to arrive at the total estimated cost. The approved total of estimated costs shall be the basis for the establishment of the performance bond amount.

(I)

BONDING REQUIREMENTS.

(1)

Public Improvement Bonds shall be required for all private projects involving the installation of public utilities, and/or roadways.

a)

For developments involving dedication of Right-of-Way, prior to the approval of a Final Plat by the City of Monroe the developer shall post public improvement bonds in the amount of 130% of the estimated cost of the public improvements, as approved by the City of Monroe, to secure the performance and construction of the uncompleted and unapproved public improvements. The bonding forms, as determined by the City Engineer, shall be used when submitting bonds.

b)

For development not involving the dedication of Right-of-Way, prior to the final approval of the construction drawings by the City of Monroe and prior to the start of construction, the developer shall post public improvement bonds in the amount of 130% of the estimated cost of the public improvements, as approved by the City of Monroe, to secure the performance and construction of the uncompleted and unapproved public improvements. The bonding forms, as determined by the City Engineer, shall be used when submitting bonds.

(2)

All developments shall post bonds for erosion and sedimentation control and stormwater detention and quality.

(3)

Prior to the Developer securing bonds, line item estimates for all items to be bonded shall be submitted to the City Engineer for approval of the bonding amounts.

a)

The estimates shall indicate the item of work, the item unit, number of units, unit price, and total cost for each item to be bonded as detailed in Section 1203.05(H) Estimated Cost. Lump sum estimates shall not be submitted.

b)

After preliminary acceptance of the constructed improvements and a complete set of As-Built plans have been received and approved by the City of Monroe in hard copy and digital format, the public improvement bond may be reduced to an amount determined by the City of Monroe, but shall be no less than 130% of all non-completed items. A maintenance bond will be held for a period of 12 months beyond the approval date of the improvements and after the top course of asphalt has been applied, to cover any defects in construction of the improvement to be determined by the City of Monroe. After this period and after the final inspection and completion of any punchlist items, the maintenance responsibility of the developer may be released. A bond covering the completion of any outstanding items, i.e. sidewalks and erosion control, shall be held until home or building construction or lots developed in the section bonded has reached 80% and all other improvements have been completed to the satisfaction of the City.

i)

Approval of improvements shall not be granted until a punch list has been completed by the City of Monroe and all items have been satisfactorily completed.

(4)

Erosion and Sedimentation Control Bonds shall be required for all private developments that meet the requirements as determined by the City Engineer. Bonds shall be provided in the amount of 130% of the estimated cost of the sedimentation and erosion control measures for the site, as approved by the City of Monroe.

a)

Erosion and Sedimentation Control Bonds may be reduced upon approval of the site by the City Engineer. Prior to approval, the site shall have been permanently stabilized.

(5)

The City of Monroe will accept security in any of four separate forms. The developer may select the form of security as best suits their situation. The four forms of acceptable security are as follows:

a)

Original Letter of Credit in favor of the City of Monroe.

i)

The Letter of Credit must include the following language for automatic renewal and notice to the City of Monroe, Ohio in case of non-renewal: "It is a condition of this Letter of Credit that it shall be deemed automatically extended without amendment for successive one year periods from its present or any future expiration date unless at least sixty (60) days before any such expiration date we notify the City Engineer of the City of Monroe, at the address listed above, in writing by certified or registered mail, that we elect not to consider this letter of credit renewed for any such additional period, at such time the City of Monroe, Ohio may declare the Developer to be in default and demand immediate payment of all sums under this Letter of Credit."

ii)

If the Letter of Credit contains a draft presentment deadline, it is mandatory that the Letter of Credit include the following language: "The draft presentment deadline set forth in this letter of credit shall automatically be extended for one year periods unless at least sixty (60) days prior to any draft presentment deadline, or any prior extension thereof, the (name of financial institution) Bank notifies the City Engineer of the City of Monroe, Ohio, 233 S. Main Street, Monroe, Ohio 45050, that the draft presentment deadline shall not be extended for a successive one year period, at such time the City of Monroe, Ohio may declare the Developer to be in default and demand immediate payment of all sums under this Letter of Credit."

iii)

The Letter of Credit must also contain the following language: "The Security Agreement referenced by this Letter of Credit and all its terms and conditions, is attached hereto, made a part hereof, and fully incorporated herein, as if fully rewritten".

iv)

Payment pursuant to the Letter of Credit shall not be conditioned except upon notification by the City Engineer to the issuing financial institution that the developer is in default of the installation and/or maintenance of improvements within the subject development.

v)

The Letter of Credit must state that it is being issued in connection with the installation of improvements in a particular development being developed by a certain developer. This reference must be specific and identify the development and section or phase thereof as may be applicable. Additional reference must be made that the letter of credit is being issued in connection with the security agreement between the City and the developer.

b)

Original Escrow Letter issued by a financial institution.

i)

The following text shall be included: "The Security Agreement referenced by this Original Escrow Letter and all its terms and conditions, is attached hereto, made a part hereof, and fully incorporated herein, as if fully rewritten".

c)

Surety Bond issued by a surety company authorized to do business in the State of Ohio. An authorized representative must sign the security agreement which will serve as the bond. A power of attorney from the surety company authorizing the signature on behalf of the surety company must accompany the security agreement.

d)

Surety Obligation of National Bank. A national bank may bind itself as surety to indemnify the City should the Developer default in the installation of the development improvements if it has a segregated deposit sufficient to cover the bank's total potential liability. Therefore, an authorized representative of the national bank must sign the security agreement, which signature shall also constitute a certification that the national bank has a segregated deposit sufficient in amount to cover the bank's total potential liability.

e)

Irrespective of the type of security selected by the Developer, all security agreements must be signed by the Surety.

f)

The term "Surety" as used herein includes a bank, savings and loan or other financial institution where the security provided is a letter of credit, escrow letter or surety obligation of a national bank. The term "Surety" when referring to a bank, savings and loan or other financial institution is not intended to create obligations beyond those provided by the security agreement. In the event that Surety fails to make funds available to the City of Monroe, Ohio in accordance with the security agreement within thirty (30) days after notification of default, then amounts due shall bear interest at eight per cent (8%) per annum.

g)

Other than filing in the blanks, no other alterations to the Security Agreements or escrow letter may be made. The security agreements or the escrow letter shall not be retyped and only the forms provided or photocopies thereof are acceptable. Security agreements and escrow letters which have been altered or retyped will not be accepted. The Development name on a Security Agreement must exactly match the name of the Development on the record Development plat with no exceptions. For example, if the name of the Development is Spicewood, the name on the agreement must be spell[ed] the same. The City will not accept the spelling of Spice Wood as it is not the same as Spicewood. In addition, if the Development is Section One, referring to as Section 1 is not the same.

h)

Upon completion of the Security Agreements by the Developer and the Surety, they must be returned to the Office of the City Engineer.

i)

All Security Agreements must be submitted to the City Engineer with the construction drawings. In no circumstances will Security Agreements be approved by the City Engineer until the construction drawings have been approved by that City Engineer.

j)

Following performance of improvements in a Development, the Developer may request a reduction in the bond. Such requests may be made in writing to the Office of the City Engineer, and shall be granted in the sole discretion of the City of Monroe, Ohio.

k)

Upon release of the performance bond and acceptance of the maintenance bond as determined by the City Engineer, the City shall provide for the removal of snow and ice provided all roadway improvements are complete.

(J)

RECORDING.

(1)

After all required approvals are secured, the final plat shall be returned to the applicant for final recording with the applicable county recorder.

(2)

No plat of any subdivision shall be recorded, or have any validity, until it has been approved and processed in the manner prescribed in this section.

(3)

In the event that an unapproved plat is recorded, it shall be considered invalid.

(4)

Approval of the final plat by City Council will become void if the recording is not made within six months of the approval by City Council.

(5)

All costs for recording of the plat shall be borne by the owner and/or developer.

(K)

REQUIREMENTS FOR THE START OF CONSTRUCTION OF PUBLIC IMPROVEMENTS. The applicant must comply with the following requirements in order to begin construction on the public improvements pursuant to the approved improvement plan.

(1)

The following items must have been approved prior to the commencement of construction:

a)

The construction drawings for the subdivision;

b)

The estimated construction schedule, showing the starting and completion dates for each phase of the construction work, and a estimated date for the completion of the entire subdivision; and

c)

Any bonds required for the project must be filed with the City Engineer.

(2)

The contractor must have all necessary permits required for the project prior to the start of construction.

(3)

A preconstruction meeting will be held, at which time the owner, the developer and/or his or her representative, the design engineer, the contractor, the City Engineer, the Code Enforcement Officer, any other interested city officials and other agencies, as required, will attend prior to the commencement of any project. At this time, the project will be discussed in regard to the procedure, construction methods, plans, materials, inspections, storm water management, erosion control, etc.

(L)

AMENDMENTS.

(1)

Modifications to an approved preliminary plat are permitted pursuant to Section 1203.09: Administrative Waivers.

(2)

No changes, erasures, modifications or revisions shall be made to any construction drawings of a subdivision after approval has been given by the City Engineer and an endorsement is made in writing thereon, unless the improvement plan is first resubmitted and the changes approved by the City Engineer and/or the agencies having jurisdiction over wastewater or water (where applicable).

(3)

No changes, erasures, modifications or revisions shall be made to any final plat of a subdivision after recording, except as allowed under Section 1203.04(C): Replats or Section 1203.05(F)(4).

(4)

If it becomes necessary to modify the improvements as approved due to unforeseen circumstances, the subdivider shall inform the Code Enforcement Officer who shall consult with the City Engineer and the agencies having jurisdiction over sanitary sewers or water (where applicable), in writing, of the conditions requiring the modifications. Written authorization from the appropriate review agency to make the required modification must be received before proceeding with the construction of the improvement.

(M)

PLAN CHECKING AND FIELD INSPECTION FEES. The applicant shall pay or reimburse the City of Monroe and/or the agencies having jurisdiction over sanitary sewer or water (where applicable), the total cost of plan review and field inspection of the improvements.

(1)

The review and inspection fee shall be determined by the City and the agencies having jurisdiction over sanitary sewer or water (where applicable) and will be equal to the fee established in the City's fee schedule.

(2)

The applicant is held responsible for all city plan review and inspection fees which will be payable upon invoice.

(3)

Failure to pay fees shall result in the City not issuing permits until all fees are paid in full.

(4)

The performance bond posted by the applicant guarantees the payment of all inspection fees and no bonds will be released until all inspection fees have been paid in full.

(N)

FINAL DRAWINGS. Within 30 days of the completion of the construction, and before acceptance, the subdivider's engineer shall update the original plans or plats as directed by the City Engineer and the agencies having jurisdiction over sanitary sewer or water (where applicable), showing the locations, sizes and elevations of all improvements as constructed. A legible mylar reproduction, a digital copy in Portable Document Format (PDF), and a digital copy that is compatible with the City's GIS/CAD systems shall be furnished to the City and agencies having jurisdiction over sanitary sewer or water (where applicable). The original plans or plats shall remain with the Development Department.

(O)

APPEALS.

(1)

Whenever the Planning Commission has rendered a decision on a preliminary plat which is adverse to the request of the applicant, the aggrieved applicant may make an appeal to City Council.

a)

The appeal shall be submitted to City Council within 30 days following the Planning Commission decision, and a copy of said appeal shall be filed with the Planning Commission and Development Department.

b)

The appeal shall state, in full, the reasons it is being filed and the facts surrounding the same. Any facts and/or information not previously available to the Planning Commission, the inclusion of which at the time of the appeal would substantially alter the facts and information submitted to the Planning Commission prior to its original decision concerning the matter, shall be cause for resubmission of such matter to the Planning Commission, together with new facts and information, for its reconsideration.

c)

City Council shall, upon receipt of an appeal, request a statement from the Planning Commission setting out the reasons for the decision being appealed, so as to properly advise City Council as to the considerations and regulations upon which the original decision was based.

d)

The Clerk of Council shall notify the Planning Commission, applicant, owner of the subject property, and contiguous property owners of the time and place of City Council's public meeting to consider such appeal. All parties shall be heard and final judgment rendered by a two-thirds vote of City Council. Such decision shall be in writing, with the original being sent to the appellant and a copy to the Planning Commission.

(2)

Whenever an applicant presenting a final plat for a major subdivision to the City Council has been rendered a decision from the City Council which is adverse to the request of the applicant, the aggrieved applicant may appeal the decision to the applicable court of common pleas within the number of days specified by law after the original decision from City Council.

(P)

VARIANCE OF SUBDIVISION DESIGN AND IMPROVEMENT STANDARDS.

(1)

The Planning Commission may consider and grant variances from the standards identified in Chapter 1208: Subdivision Design Standards, where unusual or exceptional factors or conditions require such modification, provided that the Planning Commission shall:

a)

Determine that the size, shape, location or surroundings of the property are unusual and that unusual topographical or physical conditions or other conditions inherent in the land exist;

b)

Determine that a strict compliance with the provision would create an extraordinary and unnecessary hardship in the face of the exceptional conditions;

c)

Permit any variance of a provision only to the extent necessary to equitably remove the hardship so that substantial justice is done;

d)

Determine that any modification granted will not be detrimental to the public interest nor in conflict with the spirit, intent, and purpose of Chapter 1208: Subdivision Design Standards;

e)

Require such other conditions to be met by the proposed plat as the Planning Commission may find necessary to accomplish the purposes of this code, when modified; and

f)

Determine that a strict compliance with the provision would deprive the property of privileges enjoyed by similar properties in the vicinity.

(2)

In making its determinations, the Planning Commission may also consider:

a)

Whether the property will yield a reasonable return or whether there can be any beneficial use of the property without the variance;

b)

Whether the essential character of the neighborhood will be altered or whether adjoining properties would be adversely affected as a result of the variance;

c)

Whether the variance would adversely affect the delivery of governmental services; and

d)

The recommendation of the City Engineer and Code Enforcement Officer.

(3)

Cul-de-sacs shall be discouraged if future roadway connections can be made. Planning Commission shall have the right to deny cul-de-sacs based on development design and service-related functions. Where a subdivision includes a cul-de-sac that requires a variance because the cul-de-sac is in excess of the maximum permitted length, the Planning Commission may also consider the number and size of lots served by the cul-de-sac, and the availability of central water service, to determine if the variance will permit appropriate development of the land without unduly affecting the public safety. The Planning Commission may also consider the opinions of local city officials.

(4)

The City Council may support variances affecting required improvements upon approval by the Planning Commission. Such recommendations shall be based on the findings listed in this section.