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The following procedures shall be followed from the time that land to be developed is properly zoned for the proposed development to the completion of all improvements. All plans and documents required herein shall be prepared and submitted at no cost to the City.
(a) An owner wishing to develop land shall submit twenty (20) copies of a Development Plan, and such other information as the owner desires, to the Planning Commission a minimum of thirty (30) days prior to the date of the Commission's meeting. The owner may present additional plans, renderings or other supportive material to the Commission at the meeting. The owner may also submit a Preliminary Plan for comment prior to submitting a Development Plan; however, the comments and discussions rendered by City Officials concerning the Preliminary Plan shall in no way be binding upon the City when the owner submits the Development Plan for final approval and these comments and discussions rendered should not be relied upon by the owner, when submitting for approval a Development Plan.
(Ord. C60-73. Passed 8-6-73; Ord. C67-94. Passed 10-3-94; Ord. C65-97. Passed 11-17-97; Ord. C55-15. Passed 9-8-15.)
(b) The Commission shall examine and take action on the Development Plan within forty- five days after it has been filed. Upon approval or disapproval by the Commission, the Development Plan, together with the Commission's recommendations, shall be forwarded to Council for its approval or denial. The decision of Council shall be final and shall be considered a legislative act. The approval of a Development Plan shall be effective for a maximum period of twelve months. If Construction Plans, Grading Plans and specifications have not been submitted to the Building Department within the twelve months, the approval of the Planning Commission and Council shall be null and void. If a Building Permit has not been issued within eighteen months of the legislative approval of the Development Plan, such approval shall be null and void. (Ord. C16-85. Passed 3-18-85; Ord. C4-98. Passed 2-2-98.)
(c) Upon approval of the Development Plan, a plat shall be submitted for land being subdivided. The plat shall be submitted and processed in the manner required for the Development Plan. After approval by Council, the owner may elect to construct certain portions or all of the public improvements prior to filing and recording of the plat. Such an election by the owner does not relieve the owner of the requirement to provide public improvements in accordance with Chapters 1101 and 1103 of the Codified Ordinances. At such time as the owner desires to file and record the plat with the County Recorder, the owner shall guarantee the construction of the public improvements in accordance with Section 1101.10(g).
(d) Following the approval of the Development Plan, the owner shall submit a completed application and the required number of copies of Construction Plans and Grading Plans to the Development Department, along with an itemized construction cost estimate for the proposed improvements and the prescribed engineering plan review fee as established in the Fee Recovery Policy for Use of Consulting Architects and Engineers.(Ord. C38-76. Passed 4-19-76; Ord. C24-10. Passed 6-7-10.)
(e) The City's Consulting Engineer shall review the plans and subject to his satisfaction, they shall be approved or returned with comments. The cost of this review shall be paid for by the developer in accordance with the prescribed architectural and engineering plan review fee as established in the Fee Recovery Policy for Use of Consulting Architects and Engineers. (Ord. C24-10. Passed 6-7-10.)
(f) Upon approval of the Construction and Grading Plans, four sets of Construction Plans and two copies of the Grading Plans shall be given to the Engineer, a developer's agreement in such form and such terms as are required by the Engineer and Director of Law, shall be signed and all appropriate fees, bond and deposits shall be made, executed and deposited with the City.
(g) Construction shall not begin on the development unit forty-eight hours after completion of all requirements listed in subsections (a) to (f) hereof, shall be performed and completed in accordance with the provisions of Chapter 1103.
(h) When the proper City officials have affixed their signatures to a set of tracings, such tracings become the property of and will remain in the custody of the City, except that the developer will be required to correct the plans to conform to the “as built” conditions. Public improvements will not be accepted by the City until the “as built” tracings are delivered to the Engineer together with two prints thereof.
(i) In order to be heard by the Planning Commission, a fee of $150 for a Preliminary Development Plan, $300 for a Development Plan, or $50 for a Plat, payable to the City for deposit in the General Fund, shall accompany the application or petition. In addition to the application or petition fee, the prescribed review fees as established in the Fee Recovery Policy for Use of Consulting Architects and Engineers shall also accompany the application or petition, payable to the City for deposit in a deposit trust account. These fees are for the purpose of defraying the costs of plan review, legal, legislation, notices, official publications required by the City and any other incurred costs and shall not be refundable even if the application is disapproved by the Planning Commission or Council.
(Ord. C60-73. Passed 8-6-73; Ord. C49-01. Passed 8-6-01; Ord. C24-10. Passed 6-7-10.)