(A) Complete application. Within 30 calendar days of the final minor subdivision application being filed with the City Recorder, and prior to the final minor subdivision application being scheduled with the Planning Commission, the Zoning Administrator and City Recorder shall determine and find that the final minor subdivision application is complete and contains all the information and material required for a complete final minor subdivision application. The Zoning Administrator and City Recorder shall determine a final minor subdivision application submitted and complete when the application and accompanying documents are provided in a form that complies with all the requirements of § 150.075 herein, and all applicable final minor subdivision application fees have been paid. The City Recorder shall notify the applicant, in writing, of the result of such determination including the full payment of fees. The Zoning Administrator shall issue to the applicant an affidavit that the subdivision meets the requirements of a subdivision. Following a determination of a complete final minor subdivision application, the Zoning Administrator shall forward the final minor subdivision application and supporting documents to the Planning Commission to review. The City Recorder and the Planning Commission Chairperson shall schedule the final minor subdivision application for the next available regularly scheduled Planning Commission meeting to consider the application.
(B) Incomplete application. A final minor subdivision application lacking any of the final minor subdivision application information and materials, as required, shall be cause for the city to determine the final minor subdivision application as incomplete and shall not be scheduled for a Planning Commission meeting until the application is deemed complete. The requirements of § 150.075 shall apply to all final minor subdivision applications determined to be incomplete.
(1) A determination of an incomplete final minor subdivision application by the city shall prohibit the Planning Commission from making any recommendation regarding the final minor subdivision application to the to City Council and shall prohibit the City Council from considering any information or material related to the proposed subdivision.
(2) Following a determination of an incomplete final minor subdivision application by the Zoning Administrator or the Planning Commission, the City Recorder shall notify the applicant, in writing, of the information lacking from the final minor subdivision application. The city shall allow a minimum of 30 calendar days, from the date of notification of an incomplete final minor subdivision application, for the applicant to provide the required information. If the final minor subdivision application remains incomplete after a minimum of 30 calendar days from date of notification, the city shall return the entire incomplete final minor subdivision application to the applicant.
(C) Appeal process. Any person aggrieved by a decision of the Zoning Administrator and City Recorder related to a determination of application completeness may appeal the decision to the Planning Commission may appeal the decision to the city’s Appeal Authority within ten days of the date of notification of a decision by the City Council. Any person aggrieved by a decision of the Planning Commission related to a determination of application completeness may appeal the decision to the City Council within ten days of the date of notification of a decision by the city’s Planning Commission. Any person aggrieved by a decision of the City Council related to a determination of application completeness may appeal the decision to the city’s Appeal Authority within ten days of the date of notification a decision by the City Council. Any person aggrieved by a decision of the Appeal Authority related to a determination of application completeness may appeal the decision to the District Court within 30 days of the date of notification of a decision by the city’s Appeal Authority.
(Ord. 2021-020, passed - -2021) Penalty, see § 150.999