§ 155.166 SITE PLAN REVIEW PROCESS.
   (A)   Scope. The city has established a two-tier site plan review process: preliminary site plan review and final site plan review. This process has been established so that an applicant can receive city comments on the general conformity of a proposed site plan to city requirements before preparing a complete package of engineering, drawings, landscape plans, construction details, etc. Questions regarding this process may be directed to Building Code Official or Common Council.
   (B)   Preliminary site plan review.
      (1)   Scope. A site plan submitted to the city for preliminary site plan review shall contain all of the information set forth in the preliminary site plan data checklist included in this section. Adequate engineering data to establish engineering feasibility of utilities proposed is required, however, detailed engineering plans and detailed landscaping plans are optional at this stage in the process.
      (2)   Fees. A fee as determined from time to time by resolution of the Common Council shall accompany any application for site plan approval, preliminary or final. Such fee may be utilized by the city to determine if the development shall conform to the applicable city ordinances, policies and standards, and for investigation and report of any objectionable elements.
      (3)   Initiating the process.
         (a)   To initiate the preliminary site plan review process, the applicant shall submit the following information to the Building Code Official 15 days prior to the next regularly scheduled Common Council meeting:
            1.   Two copies (please fold) of the site plan and one digital copy;
            2.   Two copies of the site plan application form;
            3.   Two copies of the completed site plan data checklist; and
            4.   Payment of all applicable fees.
         (b)   Completed application packets shall be distributed by the Building Code Official to the Common Council and other appropriate a departments and agencies.
      (4)   City Council approval, conditional approval, or denial of preliminary site plan. Common Council shall grant approval, conditional approval, or deny approval, of the preliminary site plan within 65 days of receipt of site plan.
         (a)   Approval. Upon determination by the Common Council that a preliminary site plan is in compliance with the Zoning Ordinance, as amended, and other applicable standards and requirements, preliminary site plan approval shall be granted and such approval shall be indicated on the plan. The applicant may then proceed to the final site plan review process described below.
         (b)   Conditional approval. Upon determination of the Common Council that a plan is in compliance except for minor required revisions, preliminary site plan approval, conditional upon such revisions being made, shall be granted and that the required changes shall be stated in writing. The applicant may then proceed to the final site plan review process described below, provided that the required changes are incorporated in the final site plan.
         (c)   Denial. If extensive revisions to the preliminary site plan are necessary to meet applicable standards and requirements, preliminary site plan approval shall be denied and the applicant requested to provide an alternative site plan. In this case, "DENIED" shall be written on the plan and the reasons for denial indicated in writing. If the applicant desires to prepare an alternative plan, the same procedures as outlined above beginning with submittal to the Building Code Official shall be followed.
      (5)   Failure of applicant to appear. The applicant or his or her representative(s) shall attend all meetings at which the development is scheduled for discussion or action. Failure to appear at the meeting may cause the item to be tabled to the next meeting.
   (C)   Final site plan review.
      (1)   Fees. A fee as determined from time to time by resolution of the Common Council shall accompany any application for site plan approval, preliminary or final. Such fee may be utilized by the city to determine if the development shall conform to the applicable city ordinances, policies and standards, and for investigation and report of any objectionable elements.
      (2)   Initiating the process. Within six months of the granting of preliminary site plan approval, the applicant may initiate the final site plan review process by submitting the following information to the Building Code Official 15 days prior to the next regularly scheduled Common Council meeting:
         (a)   Two copies (please fold) of the site plan and one digital copy;
         (b)   Two copies of the site plan application form;
         (c)   Two copies of the completed site plan data checklist; and
         (d)   Payment of all applicable fees.
      (3)   Public hearing. Upon receipt and review of a final site plan, the Common Council shall establish a public hearing thereon in any of the following events:
         (a)   When at least three members of the Common Council deem it necessary;
         (b)   When requested by the applicant seeking site plan review and approval; or
         (c)   When the Common Council receives a petition signed by 20% of the property taxpayers, within 300 feet.
      (4)   Review process. After submission of a complete final site plan review package pursuant to the requirements listed above, and within 60 days after completion of review and recommendation by the Building Code Official and other departments and agencies, the application shall be placed on regular agenda of a meeting of the City Council to consider final site plan approval. The applicant shall be notified of the date, time, and place of the meeting at which the Common Council shall consider the application. The Common Council shall consider all review letters and reports from the Building Code Official and other departments and agencies, together with statements, evidence, or arguments as the applicant may present concerning the application. The Common Council shall determine whether the site plan is in compliance with the Zoning Ordinance and all applicable standards and requirements, and shall make a decision to grant, conditionally grant, or deny final site plan approval.
      (5)   Failure of applicant to appear. The applicant or his or her representative(s) shall attend all meetings at which the development is scheduled for discussion or action. Failure to appear at the meeting may cause the item to be tabled to the next meeting.
      (6)   Expiration of site plan approval. The approval of any preliminary site plan under the provisions of this chapter shall expire and be considered revoked six months after the date of such approval unless final site plan approval has been granted or is in an active stage of review. Approval of any final site plan under the provisions of this chapter shall expire and be considered revoked one year after the date of such approval unless actual construction has commenced in accordance with the issuance of a valid building permit. Upon expiration of a final site plan approval, all preliminary site plan approvals shall expire.
      (7)   Outside agency approval required. Final site plan approval shall not be granted until all approvals have been obtained from outside agencies.
(Ord. 497, passed 2-3-2004; Am. Ord. 523, passed 6-13-2006; Am. Ord. 2011-7, passed 12-13-2011; Am. Ord. 2019-02, passed 10-8-2019; Am. Ord. 2020-28, passed 3-3-2020; Am. Res. 2021-46, passed 4-13-2021; Am. Ord. —, passed 3-8-2022)