(A) Development shall not commence until the applicant has received all of the appropriate land use and development approvals (i.e., site development review approval) and building permits. Construction of public improvements shall not commence until the city has approved all required public improvement plans (e.g., utilities, streets, public land dedication and the like). The city may require the applicant to enter into a development agreement (e.g., for phased developments and developments with required public improvements), and may require bonding or other assurances for improvements.
(B) Development review and site development review approvals shall be subject to all of the following standards and limitations.
(1) Modifications to approved plans and developments. Minor modifications of an approved plan or existing development may be approved by the Planning Official under zoning review. However, major modifications, as determined by the Planning Official, shall be reviewed by the City Council under site development review procedures.
(2) Approval period. Zoning review and site development review approvals shall be effective for a period of one year from the date of approval. The approval shall lapse if:
(a) A public improvement plan or building permit application for the project has not been submitted within one year of approval; or
(b) Construction on the site is in violation of the approved plan.
(3) Extension. The Planning Official shall, upon written request by the applicant, grant a written extension of the approval period not to exceed one year; provided that:
(a) No changes are made on the original approved site development review plan;
(b) The applicant can show intent of initiating construction on the site within the one-year extension period;
(c) There have been no changes to the applicable code provisions on which the approval was based. If there have been changes to the applicable code provisions and the expired plan does not comply with those changes, then the extension shall not be granted; in this case, a new site development review shall be required; and
(d) The applicant demonstrates that failure to obtain building permits within one year of site design approval was beyond the applicant’s control.
(4) Phased development. Phasing of development may be approved with the site development review application, subject to the following standards and procedures.
(a) A phasing plan shall be submitted with the site development review application.
(b) The Planning Commission shall approve a time schedule for developing a site in phases, but in no case shall the total time period for all phases be greater than three years without reapplying for site development review.
(c) Approval of a phased site development review proposal requires satisfaction of all of the following criteria:
1. The public facilities required to serve each phase are constructed in conjunction with or prior to each phase;
2. The development and occupancy of any phase dependent on the use of temporary public facilities shall require Planning Commission approval. Temporary facilities shall be approved only upon city receipt of bonding or other assurances to cover the cost of required public improvements, in accordance with § 156.186 of this subchapter. A temporary public facility is any facility not constructed to the applicable city or district standard, subject to review by the City Engineer;
3. The phased development shall not result in requiring the city or other property owners to construct public facilities that were required as part of the approved development proposal; and
4. An application for phasing may be approved after site development review approval as a minor modification.
(Ord. 2009-01, passed - -2009)