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A SC District may be established upon a tract of land in a single ownership or under unified control, provided that a Sketch Development Plan for a planned business center has been prepared, submitted and approved in accordance with the following regulations, procedures and requirements.
(a) Submission of Application. A developer shall submit to the Planning Commission a Sketch Development Plan of the shopping center with supporting data including, but not limited to, a market analysis financial report, time schedule, traffic study, and substantiation of ownership, all of which shall be prepared by qualified professional persons. The Sketch Development Plan and supporting data shall include the following:
(1) Sketch development plan designed in accordance with the planning standards regulations and criteria established in this Code and the Subdivision Regulations of the Municipality shall show a unified and organized arrangement of buildings, off-street parking, internal pedestrian and vehicular circulation and service facilities.
(2) Market analysis shall include:
A. Identification of the trade area of the proposed shopping center;
B. Trade area population, present and future; and
C. Net potential customers buying power for stores in the proposed shopping center.
(3) Financial report to satisfy the Planning Commission as to the financial responsibility of the proponent to carry the proposal to completion in full compliance with this Chapter shall include:
A. The source of construction funds;
B. Names of persons who have a financial interest in the shopping center; and
C. Information on leasing arrangements and terms.
(4) Traffic study shall include an estimate of traffic volumes to be generated by the development and the assignment of traffic to proposed entrances and exits.
(5) Substantiation of ownership shall include a certification of a title company that the record owners of the property as represented on the application for shopping center development are correct.
(b) Referral for Review and Reports. Upon receipt of a Sketch Development Plan with supporting data for the development of a shopping center, the Secretary of the Planning Commission shall transmit a copy to the Municipality’s Planning Consultant and Engineer for review, report and recommendation. The Planning Consultant and Engineer shall within 30 days from receiving a Sketch Development Plan and supporting data, provide and furnish to the Planning Commission their reports.
(c) Report to Council. Within 60 days after a Sketch Development Plan has been filed with the Secretary, the Planning Commission shall evaluate the reports of the Municipality’s Planning Consultant and Engineer and shall furnish to the Council its detailed report and recommendations with respect thereto. The report of the Planning Commission shall include a finding either that the Sketch Development Plan and supporting data complies with the regulations, standards and criteria prescribed by this Code for planned shopping centers applicable to the proposal, or a finding of any failure of such compliance and the Commission’s action that the Sketch Development Plan is approved, disapproved or modified. If in any such evaluation the Planning Commission finds that any regulations, standards or criteria prescribed by this Code are inapplicable because of unusual conditions related to the shopping center, or the nature and quality of the proposed design, it may recommend to Council that an adjustment in such regulations, standards or criteria be made, provided, however, such adjustment will not be in conflict with the promotion of the public health, safety and general welfare of the Municipality.
(d) Action by Council. The Council at not later than its next regular meeting following receipt of the Planning Commission report shall set a date for a public hearing on the shopping center proposal in accordance with the provisions of this Code.
(e) Authority to Proceed; Preliminary Development Plan. Following affirmative action by the Council, the Secretary of the Planning Commission shall notify the developer of such action, and authorize him to proceed with the preparation of a Preliminary Development Plan of the shopping center. The Preliminary Development Plan shall contain the following:
(1) Location, orientations and exterior dimensions of all main and accessory buildings;
(2) Location and dimensions of vehicular and service entrances, exits and drives;
(3) Location, arrangement, and dimensions of automobile parking space, width of aisles, width of bays and angle of parking;
(4) Location, arrangement, and dimensions of truck loading and unloading spaces and docks;
(5) Location and dimensions of pedestrian entrances, exits, walks and walkways;
(6) Topography and general drainage system;
(7) Location and dimension of all walls and fences;
(8) Location, size, height, orientation and design of all freestanding signs;
(9) Location of all buildings, streets and other topographical features within 500 feet of the proposed shopping center boundary; and
(10) Locations, dimensions and arrangements of areas to be devoted to planted lawns, trees, or any other purpose.
(f) Action by Planning Commission. Within not more than 30 days from the date on which the Preliminary Development Plan is filed with the Secretary of the Planning Commission, the Commission shall review, approve or disapprove such Plan in writing, stating, in the case of disapproval, the reasons for such disapproval, and in all cases giving due notice to the applicants. In the case of disapproval, the applicant may submit to the Planning Commission an amended Plan which shall include those changes made necessary to accomplish compliance with the conditions for approval stated by the Planning Commission.
(g) Final Development Plan.
(1) Within not more than one calendar year from the effective date of any ordinance designating an area as a SC District, a complete Final Development Plan covering the entire district shall be prepared by the developer and filed with the Secretary of the Planning Commission. The Final Development Plan shall be a refined version of the Preliminary Development Plan and shall incorporate all conditions stipulated by the Planning Commission in their approval of the Preliminary Development Plan.
(2) Within not more than 30 days from the date on which the Final Development Plan is filed with the Secretary, the Planning Commission shall review, approve or disapprove such Plan. If the Planning Commission finds that a proposed Final Development Plan of a shopping center is in substantial compliance with, and represents a detailed expansion of the Preliminary Development Plan heretofore approved, that it complies with all of the conditions which may have been imposed in the approval of said Preliminary Development Plan, that it is in accordance with the design criteria and provisions of this Code which apply particularly to any plan of a SC District, and that all applicable provisions of the Subdivision Regulations of the Municipality have been complied with, the Planning Commission shall then approve such Final Development Plan.
(h) Building Permits. Following the approval of a Final Development Plan of a shopping center, the Building Inspector shall be so notified and building and other permits may be issued upon payment of the required fees.
(i) Amendments To Final Development Plan. If the developer of a planned shopping center in any SC District wishes to make any change, alteration, amendment, or extension to any approved Final Development Plan, he shall submit such request to the Planning Commission. If, in the opinion of the Commission, the requested change is in substantial compliance with the Final Development Plan, the Commission shall approve such change and notify the Building Inspector who shall, issue a building permit accordingly.
(j) Progressive Development. A developer, having obtained approval of any Final Development Plan of a shopping center may accomplish the development in progressive stages as may be approved by the Planning Commission. If the development of a shopping center is to be carried out in progressive stages, each stage shall be so planned that the foregoing requirements and the intent of this Code shall be fully complied with at the completion of any stage. Each stage of development shall be reviewed and approved by the Planning Commission before a building permit can be issued.
(k) Construction Time Limitation. A building permit shall be secured and construction begun in accordance with the approved Final Development Plan for a SC District within 18 months from the effective date of the ordinance establishing such district. Application may be made by the developer to the Planning Commission for not more than a six (6) month extension of the time limit for commencement of construction. In the event that construction is not started within the specified time limits, the Planning Commission shall review the zoning and the progress which has taken place and, if deemed necessary, initiate proceedings to reclassify the property to an appropriate zoning classification.
(l) Performance Bond. A performance bond shall be required guaranteeing the completion of all public improvements required by the Municipality before a building permit may be issued. The scope of such improvements and the amount of said bond shall be determined by the Municipality's Engineer.
(m) Development Plans.
(1) Site development plans shall be prepared by the developer for all proposed developments in any LB or GB District which shall be submitted to the Planning Commission for review and approval.
(2) If the site development plan is found by the Commission to be in compliance with the requirements of the applicable district and all other applicable parts of this Code, it shall approve such development plan within 30 days from the date of the meeting when all required plans and data had been received, if not found to be in compliance herewith, the Planning Commission may recommend revisions to be made by the developer. After Planning Commission approval, the developer may apply for a building permit which shall be issued by the Building Inspector if the building plans are found to comply with the Building Code of the Municipality.
(Ord. 474. Passed 8-27-73.)