(a) General. Table 1305-1 indicates the required procedures for Minor Subdivision and Major Subdivision and/or Land Development.
Table 1305-1 Application and Review Procedures.
Minor Subdivisions | Major Subdivisions and Land Developments | ||||
Stage | Requirements | Public Hearing | Stage | Requirements | Public Hearing |
Pre-submission Consultation Meeting | Not Required | Not Required | Pre-submission Consultation Meeting | Recommended | Not Required |
Preliminary Plan and Plat Approval | Not Required | Not Required | Preliminary Plan and Plat Approval | Required | Required |
Final Plan and Plat Approval | Required | Not Required | Final Plan and Plat Approval | Required | Required |
Guarantee of Surety | Not Required | Not Required | Guarantee of Surety | Required | Not Required |
(b) Minor Subdivision.
(1) Pre-submission Consultation Meeting. The Applicant may arrange for a pre-submission consultation meeting with the City Engineer/Planning Director or designee to discuss the general concept, use, and design of the proposed Minor Subdivision. While a Sketch Plan is not required for the pre-submission consultation meeting, enough detail shall be provided to depict the proposed Minor Subdivision.
(2) Application Submission and Classification.
A. The Applicant shall submit to the City Engineer/Planning Director or designee
2. The required fees.
B. The City Engineer/Planning Director or designee may meet with the Applicant to discuss the proposed Subdivision and the criteria proposed for its classification as a Minor Subdivision.
C. Within ten (10) days of receipt of the Final Subdivision Application, the City Engineer/Planning Director or designee shall notify the Applicant in writing whether the proposed Subdivision has been classified as a Minor Subdivision. If the proposed Subdivision is not classified as a Minor Subdivision, the Applicant may only proceed under the Major Subdivision process.
D. When time permits and prior to the expiration of the ten (10) day period following receipt of the Final Subdivision Application, the City Engineer/Planning Director or designee may notify the Applicant of factors that make the proposed Subdivision unlikely to be classified as a Minor Subdivision. In such a case, the Applicant may, prior to the expiration of such ten (10) day period: (a) notify the City Engineer/Planning Director or designee in writing that the Applicant intends to submit a revised Final Subdivision Application, which notice will serve as the Applicant’s request to extend the ten (10) day period until ten (10) days after submission of the revised application; or (b) elect to continue with processing of the application originally submitted. Failure to give timely notice of intent to submit a revised application will be deemed an election to proceed with processing of the original application.
(3) Approval Process.
A. Generally, the City Engineer/Planning Director or designee has full authority to approve Minor Subdivision without Planning Commission review; however, the City Engineer/Planning Director or designee may, when the City Engineer/Planning Director or designee deems it appropriate, submit a Final Subdivision Application to the Planning Commission for its review. In such cases, the Planning Commission may take action on the application, with or without public hearing as it deems appropriate.
B. Any revisions made to a Final Subdivision Application subsequent to its initial submittal shall contain a transmittal letter listing the revisions and the agency to which the revisions pertain. The revisions will be used by the City Engineer/Planning Director or designee (or Planning Commission as may be required) when considering the application.
C. Within fifteen (15) days after classification of the proposed Subdivision as a Minor Subdivision, the City Engineer/Planning Director or designee shall approve or deny the Final Subdivision Application and duly notify the Applicant in writing of the decision. A Final Subdivision Application will be approved if it is complete and satisfies all applicable requirements of this Ordinance.
1. Approval. If the City Engineer/Planning Director or designee approves the Final Subdivision Application, then the final version of the Plat submitted as part of the Final Subdivision Application is approved and shall be signed on behalf of the Planning Commission by the City Engineer/Planning Director or designee. Once so signed, such Plat will be the Final Record Plat.
2. Denial. If the City Engineer/Planning Director or designee denies the Final Subdivision Application, then the City Engineer/Planning Director or designee shall notify the Applicant in writing of the reasons for denial.
a. The Applicant shall then have the period of time specified in the statement of conditions to satisfy the conditions. If the Applicant timely satisfies all conditions, then the final version of the Plat submitted as part of the Final Subdivision is deemed approved and shall be stamped and signed on behalf of the Planning Commission by the City Engineer/Planning Director or designee.
b. If all the conditions are not satisfied within the specified period or any extensions thereof granted by the City Engineer/Planning Director or designee, the Final Subdivision and/or Land Development Application shall be considered denied and a new application shall be required for further consideration.
c. The Applicant may request a reevaluation of the denied Final Subdivision Application if a written request to do so is filed with the Planning Commission within ten (10) days from receiving the City Engineer/Planning Director or designee’s written decision of denial.
3. Application Review Divergence. If there is a discrepancy between Staff and the Applicant regarding the required standards a written request by either the Staff or the Applicant to be on the next available agenda for the Planning Commission shall be permitted. Specific differences shall be clearly described so that the Planning Commission can make an informed decision.
D. Recording of the Final Record Plat. Within one hundred twenty (120) days after approval of the Final Subdivision Application for a Minor Subdivision and satisfaction of all conditions of its approval, the Final Record Plat shall be recorded by the Applicant in the Office of the Clerk of Berkeley County. The Applicant shall promptly notify the City Engineer/Planning Director or designee of such recording and provide the relevant recording information. Subdivision or Development of the subject land shall not be commenced until the Final Record Plat is duly recorded.
(c) Major Subdivision and/or Land Development.
(1) Pre-submission Consultation Meeting. The Applicant may arrange for a pre-submission consultation with the City Engineer/Planning Director or designee and staff to discuss the general concept, use, and design of the proposed Major Subdivision and/or Land Development. While a Sketch Plan is not required for the pre-submission consultation meeting, enough detail shall be provided to depict the proposed Major Subdivision and/or Land Development. This meeting is an opportunity for the Applicant to explain to the City Engineer/Planning Director or designee the proposed concept and for the City Engineer/Planning Director or designee to inform the Applicant of the process and general Zoning Ordinance and Subdivision Ordinance requirements. There is no binding action. A Pre-submission Consultation Meeting is an informal meeting with no binding agreements.
(2) Preliminary Plan and Plat Submission.
A. The Preliminary Plan and Plat is a site Plan, including supporting data, indicating a proposed site layout design or Subdivision design, prepared by, as necessary, a Professional Engineer, Professional Geologist, Licensed Landscape Architect, or Professional Land Surveyor.
B. Application Submission and Review for Completeness.
1. The Applicant shall submit to the City Engineer/Planning Director or designee a Subdivision Application in accordance with the processing alternatives found in Section 1305.01
(a)(3)A. and C. and listed below:
a. Major Subdivision Development. Preliminary Subdivision and/or Land Development Application containing the items set forth in Section 1305.04
.
b. Land Development. Preliminary Land Development Application containing the items set forth in Section 1305.04
.
c. Major Subdivision and Land Development. Preliminary Subdivision and Land Development Application containing the items set forth in Section 1305.04
.
2. Required Fees. No Preliminary Plan and Plat Application shall not be reviewed until all related fees and costs are paid in full.
C. A complete application shall be submitted to the City Planning Department. By complete, all the necessary information required from Section 1305.04
. Any application that does not have the minimum required information from Section 1305.04
will be considered an incomplete application, returned and unreviewed for content of the application.
Within forty-five (45) days after receipt of a complete Preliminary Plan and Plat Application, the City Engineer/Planning Director or designee shall review the Preliminary Plan and Plat Application for completeness and determine whether the subject Preliminary Plan Application is complete, in which case the application is accepted for further review, or whether it is incomplete and denied.
1. Complete. A Preliminary Plan and Plat Application submitted to the City that meets the requirements set forth in this Ordinance and is not deficient of any information required by this Ordinance shall be deemed complete. Upon a determination that a Preliminary Plan Application is complete, the City Engineer/Planning Director or designee shall duly notify the Applicant in writing that the Preliminary Plan and Plat Application has been accepted as complete and that it is being acted upon pursuant to Section 1305.03
(c)(2)D., Hearing and Approval Process. (Note: No Preliminary Plan and Plat Application shall be deemed complete until all related fees and costs are paid in full).
2. Incomplete. A Preliminary Plan and Plat Application submitted to the City that does not meet all the requirements set forth in this Ordinance or otherwise is deficient of any information required by this Ordinance shall be deemed incomplete. Upon a determination that a Preliminary Plan and Plat Application is incomplete, the City Engineer/Planning Director or designee shall notify the Applicant in writing that the application has been denied and the reasons for denial shall be duly noted. Any such denial shall not prevent the Applicant from re-submitting a complete Preliminary Plan Application for the same project.
D. Hearing and Approval Process.
1. The Planning Commission must set a date, time and place for a public hearing and a meeting to follow the public hearing to vote on the subject application. The public hearing must be held within forty-five (45) days of the Preliminary Plan Application determination to be complete, and the Planning Commission must notify the Applicant of the public hearing and meeting in writing unless notice is waived in writing by the Applicant.
2. The Planning Commission must publish a public notice of the public hearing and meeting in a local newspaper of general circulation in the City of Martinsburg at least twenty-one (21) calendar days prior to the scheduled public hearing, a notice posted on the property by planning staff, and letters sent to the Adjacent Property Owners.
E. The review of the Preliminary Plan and Plat Application at the Public Hearing shall consider the following:
1. The Planning Commission shall conduct a Public Hearing on the Preliminary Plan and Plat Application for the proposed Development. At the Public Hearing, the Planning Commission shall consider the application, the relevant support materials, the Staff Report, the public input given at the Public Hearing and the Planning Commission’s input.
2. After the close of the Public Hearing, the Planning Commission may discuss and recommend to the Applicant information presented during the hearing, including any Planning Commission input, any possible changes to the Preliminary Plan and Plat Application. The Applicant may agree to any proposed changes presented or alternatives presented. Any changes the Applicant has agreed to, shall become part of the record and will be required on the Preliminary Plan and Plat and/or Final Plan and Plat.
F. At a meeting at the conclusion of the public hearing or, in the Planning Commission’s discretion, a meeting held within fourteen (14) days of the public hearing, the Planning Commission shall take one of the following actions with respect to the subject Preliminary Plan Application and the City Engineer/Planning Director or designee shall duly notify the Applicant in writing of the Planning Commission's decision:
1. Approval without Changes to the Preliminary Plan and Plat Application. Approve the subject Preliminary Plan and Plat Application, without any changes/offers provided by the Applicant. The act of approval by the Planning Commission is acknowledgement by the Commission that the Applicant is in general compliance with the requirements of this Ordinance and the Zoning Ordinance.
2. Table. Table for up to forty-five (45) calendar days for additional information the Planning Commission determines necessary to its determination whether to approve or deny the subject Preliminary Plan and Plat Application; or
3. Denial. Deny the subject Preliminary Plan and Plat Application, in which case the City Engineer/Planning Director or designee shall notify the Applicant in writing of the reasons for denial.
a. If the subject Preliminary Plan and Plat Application is denied, the Applicant may request, one time, reconsideration of the decision if a written request to do so is filed with the Planning Commission within ten (10) business days from receiving the Planning Commission's written decision of denial.
b. A resubmission of a denied application after the initial ten (10) business day period shall be deemed a new Subdivision and/or Land Development Application submission and the required review fees shall apply.
G. Vested Property Rights. The right to undertake and complete a Subdivision or Land Development is established as a vested property right when the subject Preliminary Plan and Plat Application is approved by the Planning Commission. The right is only applicable under the terms and conditions of the approved Preliminary Plan and Plat Application. Failure to abide by the terms and conditions of the approved Preliminary Plan and Plat Application will result in forfeiture of the right. The vesting period for an approved Subdivision and/or Land Development Application is five (5) years from the time said Preliminary Plan and Plat Application was approved by the Planning Commission. An approved Preliminary Subdivision and/or Land Development Application shall become null and void and of no effect if a Final Subdivision and/or Land Development Application, or for non-residential projects, no Guarantee of Improvements and commencement of construction of Buildings, for the same Subdivision or Land Development is not submitted within five (5) years of approval of the Preliminary Subdivision and/or Land Development Application.
H. Effect of Preliminary Subdivision and/or Land Development Application Approval. Notwithstanding the provisions of Section 1301.05
(b), upon approval of a Preliminary Subdivision and/or Land Development Application, the Planning Commission may in its discretion authorize the Applicant to make site Improvements (for example, clearing or grading for Lots and Roads), but only to the extent:
1. The Improvements are expressly specified as authorized by the City Engineer/Planning Director or designee;
2. The specified Improvements will conform with the approved Preliminary Subdivision and/or Land Development Application;
3. The Applicant obtains a Land Disturbance Permit for the Improvements as required under Section 1301.10
(a)(1); and
4. The Applicant has furnished any performance Guarantee of Improvements as required under Article 1309
of this Ordinance.
I. Phased Final Plan and Plat Approval. An Applicant may apply for Final Plan and Plat approval in phases by submission, from time to time, of multiple Final Subdivision Land Development Applications, each of which pertains to only a portion of the land subject to an approved Preliminary Subdivision and/or Land Development Application. Each phase will require approval of the Planning Commission and, if applicable, Guarantee of Improvements as outlined in Article 1309
.
J. Zoning Ordinance Compliance. Notwithstanding anything to the contrary herein, no Subdivision and/or Land Development Application shall be approved unless and until the City Engineer/Planning Director or designee or designee has confirmed in writing that the proposed Subdivision and/or Land Development, and any changes created by the same, will conform with the applicable requirements and regulations of the Zoning Ordinance.
1. Pursuant to the Zoning Ordinance, parcels in the Annexation Reserve (AR) Zoning District may not be subdivided or further developed. Such parcels must be rezoned to another Zoning District prior to Subdivision or Development.
L. Signing of Preliminary Plat and Plan. The Preliminary Plat and Plan shall be signed by the President of the Planning Commission, Property Owner and Engineer and/or Surveyor.
M. Preliminary Plan and Plat Creating Lots. Preliminary approval shall not constitute approval of the Final Plan and Plat and does not authorize the transfer of any proposed parcel of land within the proposed Subdivision to another entity. Rather, preliminary approval shall be deemed an expression of the approval of the layout
submitted on the Preliminary Plan and Plat as a guide to the preparation of the Final Plan and Plat which will be submitted for approval and for recording upon fulfillment of the requirements of these regulations and the conditions of the preliminary approval, if any.
(3) Final Plat Submission.
A. The Final Plat is a Final Record Plat, including supporting data, indicating a proposed site layout design or Subdivision design, is to be recorded in the Office of the Clerk of the Berkeley County Commission and prepared by, as necessary, a Professional Engineer, Professional Geologist, Licensed Landscape Architect, or Professional Land Surveyor.
B. Application Submission.
1. The Applicant shall submit to the City Engineer/Planning Director or designee:
a. A Final Plat Application in accordance with the processing alternatives found in Section 1305.01
(a)(3)A.3.c.:
b. The required fees.
2. A complete application shall be submitted to the City’s Planning Department. By complete, all the necessary information required from Section 1305.04
, if applicable, and Section 1305.05
shall be in the application. Any application that does not have the minimum required information from Section 1305.04
, as may be applicable, and Section 1305.05
will be considered an incomplete application, returned and unreviewed for content of the application.
C. Application Review Divergence. In the event that there is a discrepancy between Staff and the Applicant regarding the required standards or the requirements of the approved Preliminary Plan and Plat, a written request by either the Staff or the Applicant to be on the next available agenda for the Planning Commission shall be permitted. Specific differences shall be clearly described so that the Planning Commission can make an informed decision.
D. Application Review and Approval.
1. Upon written request of the Applicant for a determination, the Planning commission must determine by vote at the next regular meeting or at a special meeting, whether or not the application is complete based upon a finding that the application meets the requirements set forth in this Ordinance.
2. At a meeting where the application is determined to be complete, the Planning Commission must set a date, time and place for a public hearing and a meeting to follow the public hearing to vote on the application. The public hearing must be held within forty-five (45) days, and the Planning Commission must notify the Applicant of the public hearing and meeting in writing unless notice is waived in writing by the Applicant. The Planning Commission must publish a public notice of the public hearing and meeting in a local newspaper of general circulation in the area at least twenty-one (21) calendar days prior to the public hearing.
3. At a meeting at the conclusion of the public hearing or a meeting held within fourteen (14) days after the public hearing, the Planning Commission shall vote to approve, deny or hold the application.
4. The application may be held for additional information necessary to make a determination. An application may be held for up to forty-five (45) days.
5. The Planning Commission shall approve the application after the Planning Commission determines that an application is complete and meets the requirements this Ordinance.
6. If the Planning Commission approves the application, then the Planning Commission shall affix its seal on the Subdivision or Land Development Plan and/or Plat.
7. If the Planning Commission approves the application with conditions, then the Planning Commission must specify those conditions.
8. If the Planning Commission denies the application, then the Planning Commission shall notify the Applicant in writing of the reasons for the denial. The Applicant may request, one time, a reconsideration of the decision of the Planning Commission, which request for reconsideration must be in writing and received by the Planning Commission no later than ten (10) days after the decision of the Planning Commission is received by the Applicant.
E. Recording of the Final Record Plat. Within one hundred twenty (120) days after approval of the Final Subdivision and/or Land Development Application for a Major Subdivision and/or Land Development and satisfaction of all conditions of its approval, the Final Record Plat shall be recorded by the Applicant in the Office
of the Clerk of Berkeley County. Before recordation can occur, Guarantee of Improvements per Article 1309
is required. The Applicant shall promptly notify the City Engineer/Planning Director or designee of such recording and provide the relevant recording information. Subdivision or Development of the subject land shall not be commenced until the Final Record Plat is duly recorded.
1. An original copy of any final declaration of private restrictions, covenants and/or conditions submitted as part of the Subdivision and/or Land Development Application approved by the City Engineer/Planning Director or designee, which declaration has been duly executed and acknowledged by the declarant, shall be duly filed by the Applicant in the Office of the Clerk of Berkeley County at the time of filing the Final Record Plat.
2. Proof of Recordation. the Applicant shall provide to the City Engineer/Planning Director or designee a copy of the recordation label(s).
F. Vested Property Rights. The right to undertake and complete a Subdivision or Land Development is established as a vested property right when the subject Final Plat is recorded. The right is only applicable when the Final Plat is in conformance with the terms and conditions of the approved Preliminary Plan and Plat Application. Failure to abide by the terms and conditions of the approved Preliminary Plan and Plat Application and recordation of the Final Plat will result in forfeiture of the right.
G. Effect of Final Plat Application Approval. Notwithstanding the provisions of Section 1301.05
(b), upon approval of a Final Plat Application, the Planning Commission may in its discretion authorize the Applicant to make site Improvements (for example, clearing or grading for Lots and Roads), but only to the extent:
1. The Improvements are expressly specified as authorized by the City Engineer/Planning Director or designee;
2. The specified Improvements will conform with the approved Preliminary Subdivision and/or Land Development Application; and
3. The Applicant obtains a Land Disturbance Permit for the Improvements as required under the Applicant has furnished any performance Guarantee of Improvements required by the Planning Commission under Article 1309
.
H. Phased Final Plan and Plat Approval. An Applicant may apply for Final Plan and Plat approval in phases by submission, from time to time, of multiple Final Subdivision and/or Land Development Applications, each of which pertains to only a portion of the land subject to an approved Preliminary Subdivision and/or Land Development Application. Each phase will require approval of the Planning Commission and Guarantee of Improvements as outlined in Article 1309
.
I. Zoning Ordinance Compliance. Notwithstanding anything to the contrary herein, no Subdivision and/or Land Development Application shall be approved unless and until the City Engineer/Planning Director or designee or Designee has confirmed in writing that the proposed Subdivision and/or Land Development, and any changes created by the same, will conform with the applicable requirements and regulations of the Zoning Ordinance.
1. Pursuant to Zoning Ordinance, parcels in the Annexation Reserve (AR) Zoning District may not be subdivided or further developed. Such parcels must be rezoned to another Zoning District prior to Subdivision or Development.
K. Signing of Final Plat. The Final Plat shall be signed by the President of the Planning Commission, Property Owner, and a Professional Engineer, Professional Geologist, Licensed Landscape Architect, or Professional Land Surveyor.
(4) Guarantee of Improvements Submission.
A. Once the City Engineer/Planning Director or designee has approved a Final Plan and Plat, the Applicant shall establish the Guarantee of Improvements in accordance with Article 1309
and the Guarantee of Improvements policy before the Plat’s recordation and prior to the Applicant proceeding with any site work.
B. The Planning Commission is vested with all the necessary authority to administer and enforce conditions attached to the Final Plat approved for a Development project, including, but not limited to, the authority to:
1. Order, in writing, the remedy for any noncompliance with the conditions;
2. Bring legal action to ensure compliance with the conditions, including injunction, abatement, or other appropriate action or proceeding; and
3. Require a guarantee satisfactory to the Planning Commission in an amount sufficient for and conditioned upon the construction of any physical Improvements required by the conditions, or a contract for the construction of the Improvements and the contractor's guarantee, in like amount and so conditioned, which guarantee shall be reduced or released by the Planning Commission upon the submission of satisfactory evidence that construction of the Improvements has been completed in whole or in part.
C. Failure to meet all conditions attached to the Final Plat approved for a Development project shall constitute cause to deny the issuance of any of the required use, occupancy or Land Disturbance Permits, as may be appropriate.
D. Application Submission and Review for Completeness.
1. The Applicant shall submit a request for a bond estimate to the City Engineer/Planning Director or designee, including an application. The estimate shall be prepared and sealed by a Professional Engineer or Professional Land Surveyor registered in the State of West Virginia retained by the Applicant.
2. The application for final completion, acceptance and/or approval of the Improvements and surety release shall include a Certification of final completion from a Professional Engineer, Professional Geologist, Licensed Landscape Architect, or Professional Land Surveyor retained by Applicant.
3. The required fees.
E. A complete application shall be submitted to the City’s Planning Department. By complete, all the necessary information required by Article 1309
Guarantee of Improvements shall be in the application. Any application that does not have the minimum required information from Article 1309
will be considered an incomplete application, returned and unreviewed for content of the application.
F. After receipt of a complete application for the release of the Guarantee of Improvement, the Planning Commission shall review the application for completeness and determine by vote at the next regular meeting (provided that the City Engineer/Planning Director or designee has had a reasonable opportunity to review the application and make a recommendation thereon) or at a special meeting whether the guarantee of public Improvement application is complete, in which case the application is accepted for further review, or whether it is incomplete and denied.
1. Complete. A Guarantee of Improvements application submitted to the City that meets the requirements set forth in this Ordinance and is not deficient of any information required by this Ordinance shall be deemed complete. Upon a determination that a Guarantee of Improvement application is complete, the City Engineer/Planning Director or designee shall duly notify the Applicant in writing that the Guarantee of Improvement application has been accepted as complete and that it is being acted upon by the City Planning Commission. (Note: No Guarantee of Improvement application shall be deemed complete until all related fees and costs are paid in full, including any unpaid costs associated with a review by the City’s contractual engineering firm).
2. Incomplete. A Guarantee of Improvement application submitted to the City that does not meet all the requirements set forth in this Ordinance or otherwise is deficient of any information required by this Ordinance shall be deemed
incomplete. Upon a determination that a guarantee of public Improvement application is incomplete, the City Engineer/Planning Director or designee shall notify the Applicant in writing that the application has been denied and the reasons for denial shall be duly noted. Any such denial shall not prevent the Applicant from re-submitting a complete Guarantee of Improvement application for the same project.
3. Revision of Application. When time permits and prior to the Planning Commission’s determination whether a guarantee of public Improvement application is complete, the City Engineer/Planning Director or designee may notify the Applicant of deficiencies in the subject Guarantee of Improvement application that render it likely to be determined incomplete. In such a case, the Applicant may, prior to the expiration of the forty-five (45) day period following receipt of the application:
a. Notify the City Engineer/Planning Director or designee in writing that the Applicant intends to submit a revised guarantee of public Improvement application, which notice will serve as the Applicant’s request to extend the review and determination period until forty-five (45) days after submission of the revised application; or
b. Continue with processing of the application originally submitted. Failure to give timely notice of intent to submit a revised application will be deemed to proceed with processing of the original application.
G. The Planning Commission shall review the application in accordance with the requirements of this Ordinance, Zoning Ordinance, approved Land Development Plan, approved construction drawings and conditions of Preliminary Subdivision and/or Land Development Application and/or Final Plat, including any offers agreed to at time of Preliminary Plat approval.
1. If the Planning Commission approves the application, then the Planning Commission shall notify the Applicant in writing.
2. If the Planning Commission approves the application with conditions, then the Planning Commission or agent must specify those conditions in writing.
3. If the Planning Commission denies the application, then the Planning Commission shall notify the Applicant in writing of the reasons for the denial and set a deadline for the Applicant to remedy the deficiencies that caused the denial.
H. If the City Engineer/Planning Director or designee fails to determine whether an application is complete within the forty-five (45) day time period set forth in subsection (c)(4)F., above, the request of the Applicant shall be deemed to be approved by the Planning Commission and a surety release shall be granted to the Applicant. (Ord. 2022-13. Passed 11-10-22.)