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1179.05 APPLICATION AND REVIEW PROCEDURES.
   A.   Application.
   Applications for cluster developments shall be submitted for review and approval in accordance with the provisions of this section. Applications for cluster developments shall be prepared by persons professionally qualified to perform such work and submitted to the Planning Commission. Said application shall include:
      1.   A fee as established by the City.
      2.   Twenty-five (25) copies of the Preliminary or Final Development Plan.
      3.   Plans for use and perpetual maintenance of common land, private streets and all utilities.
   B.   Preliminary Development Plan Requirements.
   Preliminary Development Plans shall include:
      1.   The name of the development and the names and addresses of the owners and developers.
      2.   A scale, north arrow and date.
      3.   The proposed assignment of use and subdivision of land, including the proposed locations of buildings.
      4.   The proposed vehicular and pedestrian circulation patterns, including the proposed location and design of streets and easements. The names, locations and dimensions of existing streets and easements.
      5.   Preliminary plans for provision of utilities.
      6.   A boundary survey of the entire proposed cluster development. The proposed dimensions of any lots to be platted within a cluster development.
      7.   Topography showing contours at an interval of two (2) feet or less.
      8.   Conceptual plans for grading, drainage, and storm water management.
      9.   Identification of all natural features, including existing watercourses, wetlands, and flood areas.
      10.   Anticipated development phasing and scheduling.
      11.   Preliminary plans for the installation of landscaping.
   C.   Planning Commission Action.
   The Planning Commission shall review said preliminary development plan and shall act thereon within a reasonable time. The Planning Commission may approve the cluster development plan as submitted or modified, conditionally approve the plan and stipulate the condition of such approval, or disapprove the plan.
   D.   Final Development Plan Requirements.
   The final development plan for each cluster development shall include the following:
      1.   The number, location, arrangement, and general architectural design of all dwelling units.
      2.   The locations, size, heights, and use of all main and accessory buildings and their general design.
      3.   The use of all private and common land.
      4.   A boundary and topographic survey, showing the land owned and proposed for a cluster development and contours at an interval acceptable to the City.
      5.   The location, design, and arrangement of all dedicated and private vehicular and pedestrian access ways.
      6.   All required setbacks and yard areas.
      7.   The final improvement plans for all utility installations, with pipe sizes and grades, invert elevations, structure locations, and proposed easements.
      8.   Detailed designs of landscaped yards, planting areas, and buffer and screening improvements, including plant lists and installation details.
      9.   Detailed final grading, drainage, storm water management, and erosion and sedimentation control measures including detention calculations, pipe sizes, inlet information and proposed storm outlet facility.
      10.   A site lighting plan which indicates placement, heights, and types of lighting fixtures. Such plans may include details of resulting levels of illumination as required.
      11.   The location and nature of recreation areas, fencing, retaining walls, and similar site features.
      12.   The location, size, and design of all signs to be placed on the cluster development.
      13.   A perpetual maintenance plan setting forth the ownership, responsibility, and financing method for maintenance of all common areas including, but not limited to, open space, landscape buffers, parking areas, access drives, private streets and all utilities.
   E.   Final Development Plan Approval.
      1.   If the Planning Commission finds the development plans are in accord with this Zoning Code and other ordinances of the City, it may grant approval of the final development plan. The Commission may attach conditions to the approval of a final development plan as it may deem reasonably required to ensure compliance with the spirit and intent of this chapter and to protect the public health, safety and welfare.
      2.   An approved plan may be modified by the same procedure as set forth herein for original plan approval.
      3.   No building permits shall be issued by the Building Official until a development plan has been granted final approval as provided herein. Failure to commence construction of improvements or apply for a building permit within two (2) years from the date of final development plan approval shall render such development plan approval null and void and shall require submission of a new development plan. Failure to begin construction of the plan within six (6) months after the issuance of a building permit shall void the plan as approved unless an extension of time is granted by the Planning Commission.
(Ord. 2004-34. Passed 3-15-04.)
1179.06 OCCUPANCY.
   No use or occupancy shall be permitted until a certificate of occupancy is obtained from the Building Official as provided in the Building Code.
(Ord. 2004-34. Passed 3-15-04.)
1179.07 RECORDING PLAN.
   Upon approval of the final development plan, a subdivision plat for filing with the County Recorder shall be prepared to County standards containing the Planning Commission's approval, and the same shall be submitted to the County Recorder for recording. Once recorded, the lots identified on the plat may be conveyed to third parties.
(Ord. 2004-34. Passed 3-15-04.)
1179.08 BONDING OF REQUIRED IMPROVEMENTS.
   Unless all improvements hereafter described have been installed, the developer of a cluster development shall provide a performance guarantee or bond to ensure completion of hard surfacing of private streets, improvements within public rights-of-way or easements, water lines, sanitary sewer lines, storm sewers, and surface water drainage, and other improvements integral to the proposed project in conformity with approved plans. Such bonds or guarantees shall be in a form approved by the Law Director, and shall be in an amount equal to the estimated construction cost of the improvements as determined by the City Engineer.
(Ord. 2004-34. Passed 3-15-04.)
1179.09 COMPLIANCE REQUIRED.
   Subsequent to the approval of a cluster development all development or construction within the cluster development shall be in substantial compliance with the approved final development plan and any conditions of such approval adopted by the City. Any departure from the approved final development plan shall be deemed to be a violation of this Zoning Code.
(Ord. 2004-34. Passed 3-15-04.)