The procedure for Joint City-County Planning Commission consideration of any development plan shall be as follows.
(A) Pre-application meeting. Prior to development plan submittal and filing of an application, the developer, or party representing the developer, the developer’s engineer, and the general contractor, or representative of the general contractor, shall schedule a pre-application meeting with the Joint City-County Planning Commission staff. The purpose of the pre-application meeting is to allow the Joint City-County Planning Commission staff to discuss the effect of the Comprehensive Plan, zoning ordinance, subdivision regulations, Best Management Practices Manual and any other land development regulations upon the proposed development. This meeting will also provide the applicant with a general idea of the feasibility of the project before making commitments for more extensive project planning and development with regards to drainage, construction and sediment control measures.
(B) Filing. To request the Joint City-County Planning Commission official action on the development plan, the developer shall file with the Joint City-County Planning Commission a completed application form, filing fee and copies of the plan as required by the terms and conditions of the Joint City-County Planning Commission’s application form. The Joint City-County Planning Commission staff will make the submitted copies of the plan available to all other concerned agencies.
(C) Review. The Joint City-County Planning Commission staff and concerned agencies shall review the development plan and seek a consensus on all issues. Documentation of agency review shall be available upon request. The Joint City-County Planning Commission staff will then forward its recommendations and those of the concerned agencies to the Joint City-County Planning Commission.
(D) Joint City-County Planning Commission action.
(1) No development plans shall be considered for action by the Joint City-County Planning Commission until they have been reviewed by the Joint City-County Planning Commission staff and concerned agencies (including, but not limited to all utilities, the Street Department, Fire Department and the like), and recommendations have been forwarded to the Joint City-County Planning Commission. All development plans shall be approved or disapproved within 90 days of the date they are formally filed for Joint City-County Planning Commission action unless the developer agrees to a longer time period.
(2) The Joint City-County Planning Commission will review recommendations of the staff and concerned agencies and then act for approval, conditional approval with the conditions noted, postponement or disapproval. The Joint City-County Planning Commission may modify or disapprove the development plan if it finds the plan does not comply with the requirements of the zoning ordinance, and when applicable, the subdivision regulations; or if it finds there are existing or potential substantial flood, drainage, sewage, traffic, topographic or other similar problems relating to the development of the subject property. Reasons for action of postponement or disapproval shall be fully incorporated in the Joint City-County Planning Commission’s minutes. The following actions by the Joint City-County Planning Commission shall have the meaning so stated.
(a) Approval. The development plan is ready to be certified by the Joint City-County Planning Commission Chair and Secretary with no further corrections or revisions of the plan required from the developer.
(b) Condition approval. The development plan cannot be certified by the Joint City-County Planning Commission Chair and Secretary until the developer has complied with the conditions of approval set forth in the record of the Joint City-County Planning Commission action on the plan.
(c) Postponement. The Joint City-County Planning Commission has deferred action until some future Joint City-County Planning Commission meeting in order that certain clarification can be made in regard to the development plan. No completely new resubmittal is required of the developer as is the case for disapproval.
(d) Disapproval. The Joint City-County Planning Commission has disapproved the plan. To request a new review and action, the developer must file a new application along with a filing fee, plan copies and other material as required under this subchapter.
(E) Certification of approval. Within six months of Joint City-County Planning Commission approval, unless a time extension has been granted previous to the expiration date, the following steps shall be completed or else Joint City-County Planning Commission approval becomes null and void.
(1) The developer shall fully comply with any conditions of approval placed on the plan by the Joint City-County Planning Commission and submit the completed original tracing of the plan to the Joint City-County Planning Commission.
(2) The plan shall be certified by the Joint City-County Planning Commission Chair and Secretary if it is in conformance with all requirements. The Joint City-County Planning Commission staff shall have copies of the plan prepared and distributed to other public agencies at the expense of the developer and return the original plan tracing to the developer.
(3) In conjunction with any request by the developer for a time extension or re-approval of an expired plan, the Joint City-County Planning Commission may require changes in the development plan when it finds that time has necessitated such changes for the health, safety and welfare of the residents of the community, or when applicable ordinances and regulations have been changed.
(F) Timing restrictions. The following timing restrictions shall be applicable to development plans:
(1) Final development plans shall be submitted for Joint City-County Planning Commission consideration within two years of the date of Joint City-County Planning Commission action on a preliminary development plan, otherwise, no further building permits shall be issued unless and until the plan is re-approved by the Joint City-County Planning Commission.
(2) The developer shall be required to obtain building permits for all structures shown on a final development plan within five years of the date of Joint City-County Planning Commission action on the development plan, otherwise, no further building permits shall be issued unless and until the plan is re-approved by the Joint City-County Planning Commission.
(1989 Code, § 152.18) (Ord. 1975, passed 9-28-1992; Am. Ord. 2026, passed 8-23-1993; Am. Ord. 2667, passed 7-13-2009)