1244.04 PRELIMINARY PLAN.
After the date of the concept plan submittal, the applicant may apply for preliminary plan review and approval. If the applicant fails to apply for preliminary plan approval within one hundred and eighty (180) day period, the concept plan shall be null and void and a new concept plan must be submitted.
(a) The preliminary plan shall conform substantially to the approved concept plan submitted by the applicant. The application shall:
(1) Be made on forms available at the office of the Director of Planning together with a fee as defined in the City of Springboro Schedule of Permit Fees outlined in Section 1464.04 of the codified ordinances of the City of Springboro.
(2) Include all submission requirements identified in Section 1250.02 of these regulations.
(3) Be accompanied by the number of copies of the preliminary plan as established by the Director of Planning.
(4) Comply in all respects with the approved concept plan.
(5) Be presented to the Director of Planning in accordance with submission deadline requirements established by the City.
(6) Upon receipt of a preliminary plan application, the Director of Planning shall transmit copies of the application and plans for review to appropriate officials or agencies of the City, schools and special districts and other official bodies as it deems necessary or as mandated by law. The Director of Planning shall request that all officials and agencies to whom a request for review has been made, submit their report to the Director of Planning within thirty days after receipt of the request. The Director of Planning shall submit a report to the Planning Commission of all reports received.
(b) Preliminary Approval.
(1) After the Planning Commission has reviewed the preliminary plan, the report of the Director of Planning, any City of Springboro recommendations, testimony and exhibits submitted, the applicant shall be advised of any required changes and or additions. One (1) copy of the proposed preliminary plan shall be returned to the developer with the date of approval, conditional approval, or disapproval and the reasons therefore accompanying the preliminary plan.
(2) Before the Planning Commission approves a preliminary plan showing park reservation or land for other local government use that is proposed to be dedicated to the City, the applicant shall obtain approval of the park or land reservation from the City Council, or approve the preliminary plan subject to City Council approval.
(3) If the Planning Commission disapproves the proposed subdivision, the applicant may execute an appeal in the manner prescribed in Section 1244.11 of these regulations.
(c) Standards for Approval of Preliminary Plans. No preliminary plan of a proposed subdivision shall be approved by the Planning Commission unless the applicant proves by clear and convincing evidence that:
(1) Definite provision has been made for a water supply system that is sufficient in terms of quantity, dependability, and quality to provide an appropriate supply of water for the type of subdivision proposed. The location of proposed water lines should be included.
(2) If a public sewage system is proposed, adequate provision has been made for such a system and, if other methods of sewage disposal are proposed, that such systems will comply with federal, state and local laws and regulations. The location of proposed sewer lines should be included.
(3) Confirmation that traffic on surrounding thoroughfares will not be negatively impacted in accordance with 1248.02(b), and also the construction of street improvements as outlined in the City of Springboro Mobility Master Plan shall be constructed as part of the subdivision improvements.
(4) All areas of the proposed subdivision which may involve soil or topographical conditions presenting hazards or requiring special precautions have been identified by the subdivider and the proposed uses of these areas are compatible with such conditions.
(5) The plans include measures to minimized soil erosion during and following construction as outlined in Chapter 1248 of these regulations.
(6) The subdivider has taken every effort to mitigate the impact of the proposed subdivision on public health, safety and welfare.
(7) The Planning Commission is authorized to disapprove the preliminary plan even though the land proposed for subdivision is zoned for the use to which the proposed subdivision will be used if it deems the subdivision to be a detriment to the public health, safety and welfare or if the proposal is not consistent with the rules and regulations of the city or state.
(d) Effective Period of Preliminary Plan Approval. The approval of a preliminary subdivision plan shall be effective for a period of one (1) year from the date that the preliminary plan is approved by the Planning Commission, at the end of which time the applicant must have submitted a record plan for approval. If a record plan is not submitted for review within the one (1) year period, the preliminary approval shall be null and void, and the applicant shall be required to submit a new concept plan for review subject to the then existing Zoning and Subdivision Regulations.
(e) Zoning and Subdivision Regulations. Every preliminary plan shall conform to existing Planning, Zoning and other pertinent regulations applicable at the time that the proposed preliminary plan is submitted.
(f) Grading of Site Prior to Final Approval. Subsequent to preliminary approval, the developer may apply for a cut and fill permit from the City of Springboro. The developer shall comply with the City’s tree ordinance.
(Ord. 04-41. Passed 8-19-04.)