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The requirements of this section shall apply to all applications and procedures subject to development review under this code, unless otherwise stated.
(a) Authority to file applications.
(1) Unless otherwise specified in this code, development review applications defined in this code may be initiated by:
A. An owner of the property that is subject of the application; or
B. An agent authorized by the owner, which may include a lessee of the property.
(2) For zoning map amendments, all property owners subject to the amendments application shall be required to sign the application.
(3) If the application applies to more than one lot or property, the owner or their authorized agent of each property shall be required to sign the application.
(4) The Planning Commission or City Council may initiate code text and map amendments under this code with or without written authorization or application from the property owner who may be affected.
(b) Application submission schedule. The schedule for the submission of applications in relation to scheduled meetings and hearings of the review bodies shall be established by the Development Code Administrator, and made available to the public.
(c) Application contents.
(1) Applications required under this code shall be submitted in a form and in such numbers as established by the Development Code Administrator, and made available to the public.
(2) Applications shall be accompanied by a fee as established by City Council pursuant to division (g) hereof.
(3) Complete application determination.
A. The Development Code Administrator shall only initiate the review and processing of applications submitted under this chapter if such application is determined to be complete.
B. An application shall be determined to be complete if the applicant has submitted all of the forms, maps, and other submittal requirements required for the specified application as identified in this division (c).
C. The Development Code Administrator shall make a determination of application completeness within five business days of the application filing.
D. If the application is determined to be complete, the application shall then be processed according to the procedures and timelines set forth in this code.
E. If an application is determined to be incomplete, the Development Code Administrator shall provide written notice to the applicant along with an explanation of the application's deficiencies. No further processing of an incomplete application shall occur until the deficiencies are corrected and the Development Code Administrator determines that the application is complete.
F. The City shall not be required to process an incomplete application, forward an incomplete application to any decision-making body, or be subject to any required timelines of review for incomplete applications.
G. If the applicant fails to correct all deficiencies and submit a complete application within 60 days of the notice provided by the Development Code Administrator, the incomplete application shall not be reviewed, the applicant's original filing fee shall be forfeited, and the incomplete application shall be deemed withdrawn. The Development Code Administrator may grant one 60 day extension if just cause is shown.
H. No reconsideration of an incomplete application shall occur after expiration of the 60-day period, and an applicant in need of further development approval under the code shall, pursuant to all of the original requirements of § 1226.02, submit a new application, and submit a new filing fee.
I. If any false or misleading information is submitted or supplied by an applicant on an application, that application shall be deemed incomplete.
(d) Simultaneous processing of applications.
(1) Whenever two or more forms of review and approval are required under this code, the Development Code Administrator shall determine the order and timing of review.
(2) The Development Code Administrator may authorize a simultaneous review of applications, so long as all applicable requirements are satisfied for all applications.
(e) Pre-application conferences or meetings.
(1) Prior to filing an application, an applicant may request a meeting with the Development Code Administrator or other City staff for a pre-application conference to discuss the proposed application.
(2) The purpose of the pre-application conference shall be to discuss the proposed development, review submittal requirements, and discuss compliance with the provisions of this code prior to the submission of an application.
(3) No action can be taken by the staff and/or any boards until the applicant submits an actual application and/or plan to the City pursuant to the laws and policies of the City. Therefore, all discussions that occur between the applicant and/or applicant's representative(s) and staff, and/or City boards, that occur prior to the date applicant submits an actual application and/or plan including, but not limited to, any informal meetings with City staff, boards, any pre-application conferences or meetings, are not binding on the City and do not constitute official assurances or representations by the City or its officials regarding any aspects of the plan or application discussed.
(f) Amendment or modifications after an approval. Unless otherwise stated in this chapter, any request for an amendment or modification to the approved plans or conditions shall be done in accordance with the procedures and standards established for its original approval.
(1) Any application for development review under this code shall be accompanied by such fee as shall be specified by ordinance of City Council. There shall be no fee, however, in the case of applications filed by City Council or the Planning Commission.
(2) The fees shall be in addition to any other fees that may be imposed by the City, State, the applicable county, or other agency having jurisdiction.
(3) Such fees are adopted to cover the cost to the City for investigations, legal advertising, postage, and other expenses resulting from the administration of the respective zoning activities.
(4) No application shall be processed or determined to be complete until the established fee has been paid.
(5) If the City determines that the costs on a particular application will exceed the filing fee as established by City Council as a result of preparation of legal descriptions, maps, studies, or other required information, or as a result of the need for professional expert review, study, or testimony, the Development Code Administrator is authorized to collect such additional costs from the applicant.
(6) Application fees are not refundable except where the Development Code Administrator determines that an application was accepted in error, or the fee paid exceeds the amount due, in which case the amount of the overpayment will be refunded to the applicant.
(7) Subdivision related fees. All application fees established in division (g) hereof are due upon submission of the application. Additional fees related to the subdivision process are due as established below or otherwise approved as part of the preliminary plat.
A. The park impact fee required by Chapter 1214: Parkland Dedication and Open Space, shall be paid, in full, at the time the final plat is submitted to the City for review. The fee shall be based on the total number of units contained in the final plat. The number of units in a multi-family dwelling shall be calculated based on the maximum number permitted by this code, unless the plat specifically limits the number of units to be constructed.
B. All required engineering review fees shall be paid, in full, at the time the final plat is submitted to City Council.
C. Fees for inspections made during and upon completion of all public improvements for subdivisions shall be paid, in full, at the time the final plat is submitted to City Council. If the applicant chooses to submit a financial guarantee in lieu of completion of improvements prior to submission of the final plat, fees shall be paid prior to the City accepting any improvements.
(h) Public notification for public meetings. Applications for development approval that require public meetings shall, at a minimum, comply with Chapter 208 (Public Meetings) of the City of Middletown Code of Ordinances and all applicable State requirements.
(i) Public notification for public hearings.
(1) Applications for development approval that require public hearings shall comply with all applicable State requirements and the public meeting notice requirements established in division (h), above.
(2) The Development Code Administrator shall be responsible for providing the published and written notice as required by this subsection.
(3) Content. Notices for public hearings, whether by publication or mail (written notice), shall, at a minimum:
A. Identify the address or location of the property subject to the application and the name and address of the applicant or the applicant's agent;
B. Indicate the date, time, and place of the public hearing;
C. Describe the land involved by street address or by the applicable county parcel identification number, and project area (size);
D. Describe the nature, scope, and purpose of the application or proposal;
E. Identify the location (e.g., the offices of the Development Code Administrator) where the public may view the application and related documents;
F. Include a statement that the public may appear at the public hearing, be heard, and submit evidence and written comments with respect to the application; and
G. Include a statement describing where written comments will be received prior to the scheduled hearing.
(4) Notice requirements. Published and mailed notice for public hearings shall be provided as defined in Table 1226-1, below.
TABLE 1226-1: NOTICE REQUIREMENTS
Development Review Procedure
Written (Mailed) Notice
TABLE 1226-1: NOTICE REQUIREMENTS
Development Review Procedure
Written (Mailed) Notice
Code Text Amendment
Published notice required a minimum of 30 days before the initial public hearing of Planning Commission and City Council
No written notice is required for a text amendment.
Zoning Map Amendment and PD Preliminary Development Plan
For rezonings that include 10 or fewer properties owned by different property owners, written notice shall be sent to all owners of property within 200 feet from the boundary of all properties subject to the rezoning application. The notice shall be required a minimum of 14 days before the initial public hearing of Planning Commission and City Council.
Published notice required a minimum of 10 days before a public hearing
Written notice to the applicant and all property owners contiguous and directly across the street or public right-of-way of the subject property shall be required a minimum of 10 days prior to the hearing.
Alternative Equivalent Review
(See § 1212.02.)
Published notice required a minimum of 14 days before a public hearing
Written notice to the all property owners subject to the designation shall be required a minimum of 14 days prior to the hearing.
(5) Published notice.
A. Published notice shall be provided in a newspaper of general circulation.
B. The content and form of the published notice shall be consistent with the requirements of this section, Chapter 208 (Public Meetings) of the City of Middletown Code of Ordinances, and State law.
(6) Written (mailed) notice.
A. Written notification shall only be required for the initial public hearing for an application in front of the applicable review board. A continuation of the hearing shall not require additional written notice.
B. Written notice shall be postmarked no later than the number of days specified in Table 1226-1 prior to the hearing date where the item will be considered.
(7) Constructive notice.
A. Minor defects in any notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements. Minor defects in notice shall be limited to errors in a legal description, typographical or grammatical errors, or errors of actual acreage that do not impede communication of the notice to affected parties. Failure of a party to receive written notice shall not invalidate subsequent action. In all cases, however, the requirements for the timing of the notice and for specifying the time, date, and place of a hearing shall be strictly construed. If questions arise at the hearing regarding the adequacy of notice, the decision-making body shall direct the department having responsibility for notification to make a formal finding as to whether there was substantial compliance with the notice requirements of this code, and such finding shall be made available to the decision-making body prior to final action on the request.
B. When the records of the City document the publication, mailing, and/or posting of notices as required by this chapter, it shall be presumed that notice of a public hearing was given as required by this section.
(j) Conduct of public hearing.
(1) Rights of all persons. Any person may appear at a public hearing and submit information or evidence, either individually or as a representative of a person or an organization. Each person who appears at a public hearing shall be identified, state his or her address, and if appearing on behalf of a person or organization, state the name and mailing address of the person or organization being represented.
(2) Continuance of a public hearing or deferral of application review.
A. An applicant may request that a review or decision-making body's consideration of an application at a public hearing be deferred by submitting a written request for deferral to the Development Code Administrator prior to the publication of notice as may be required by this code. The Development Code Administrator may grant such requests, in which case, the application will be considered at the next regularly scheduled meeting.
B. A request for deferral of consideration of an application received by the Development Code Administrator after publication of notice of the public hearing as required by this code shall be considered as a request for a continuance of the public hearing, and may only be granted by the review or decision-making body.
C. The review or decision-making body conducting the public hearing may, on its own motion or at the request of the applicant, continue the public hearing to a fixed date, time, and place.
(k) Withdrawal of application. Any request for withdrawal of an application shall be submitted in writing to the Development Code Administrator prior to action by the review or decision-making body.
(1) The Development Code Administrator shall approve a request for withdrawal of an application if it has been submitted prior to publication of notice for the public hearing on the application in accordance with this code.
(2) If the request for withdrawal of an application is submitted after publication of notice for the public hearing in accordance with this code, the request for withdrawal shall be placed on the public hearing agenda and acted upon by the review or decision-making body.
(3) In all cases where the applicant has requested the withdrawal of an application, the application fee paid shall not be refunded.
(l) Examination and copying of application and other document. Documents and/or records may be inspected and/or copied as provided for by State law.
(m) Effect of any approvals.
(1) The issuance of any approval or permit under this code shall authorize only the particular development, alteration, construction, or use approved in the subject application.
(2) All approvals shall run with the land or use and shall not be affected by change in ownership.
(n) Amendments or modifications of approvals. Any approval may be amended, extended or modified only in accordance with the procedures and standards established for its original approval unless the Development Code Administrator determines that the request amendment, extension, or modification, is minor in nature and does not substantively change the approval and is in compliance with this code.
(o) Subsequent development.
(1) Development authorized by any approval under this section and this code shall not be carried out until the applicant has secured all other approvals required by this code or any other applicable provisions of the City, or other agencies having jurisdiction over the development.
(2) The granting of any approval or permit shall not guarantee the approval of any other required permit or application.
(3) The City shall not be responsible for reviewing the application for compliance with any permits, certificates, or other approvals that may be required by the county, State, or other agencies having jurisdiction.
(p) Computation of time.
(1) In computing any period of time prescribed or allowed by this code, the date of the application, act, decision, or event, from which the designated period of time begins shall not be included. The last date of the period of time to be computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, in which case the period runs until the end of the next day which is not a Saturday, a Sunday, or a legal holiday as observed by the City of Middletown where the City administrative offices are closed for the entire day.
(2) When the period of time prescribed is less than seven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded from the computation (i.e., business days and not calendar days).
(3) When the City offices are closed to the public for the entire day which constitutes the last day of the period of time, then such application, act, decision, or event may be performed on the next succeeding day which is not a Saturday, a Sunday, or a legal holiday observed by the City of Middletown in which the City administrative offices are closed for the entire day.
(Ord. O2018-02, passed 2-20-2018)