A. Applications To Be Reviewed At Planning Commission Meeting: Whenever applications to the planning commission for formal action are required by this title, "submission to the planning commission" is hereby defined as submission of such applications at a regularly scheduled public meeting of the planning commission.
B. Time Periods For Planning Commission Action: Time periods for planning commission action shall not begin to run until after complete applications are officially received by the planning commission at a regularly scheduled public meeting.
C. Fees: Fees may be charged applicants for excavation permits, zoning amendments, building permits, occupancy permits, conditional use permits, design review, field inspection, planning commission and hearing officer hearings, and such other services as are required by this title to be performed by public officers or agencies. Such fees shall be established by the city council by resolution and shall be in amounts reasonably needed to defray costs to the public.
D. Approval Or Disapproval: At each step of the review procedure, the planning commission shall approve, approve with conditions or disapprove of the writings and materials submitted to it, and where applicable, shall approve or disapprove the entire application or any portion thereof. Any approval conditions, or disapproval made by the planning commission, shall be in the form of written findings of fact and conclusions, which findings and conclusions shall be made available to the applicant and all parties concerned by the planning commission within forty five (45) calendar days of the planning commission meeting at which the application was reviewed.
E. Copies: A minimum of three (3) copies of all required materials shall be submitted to the planning commission at each step of the review process. Additional copies may be required as needed for proper review.
F. Formal Action: Formal action on any application, i.e., action approving or denying an application, shall be taken only at regularly scheduled or officially called meetings of the planning commission.
G. Public Hearing: Unless specifically required by this title or other applicable law, no public hearing need be held. However, a hearing may be held when the planning commission shall deem such a hearing to be necessary and in the public interest. Whenever a public hearing is held, notice thereof shall be given as required by applicable law, or if there is no otherwise applicable law, then by a method reasonably calculated to give notice to interested parties. Such notice shall be given a minimum of fourteen (14) calendar days prior to the public hearing or as required by state law, whichever period of time is greater. Failure of interested parties to receive actual notice of said hearing shall in no way affect the validity of action taken.
H. Dedication Of Land To Public: Acceptance of dedication of proposed public lands, utility or street rights of way in an approved final plat can be made only by the city council. Final plat approval by the city council will be deemed an acceptance of dedication, unless streets, utilities and other public spaces are shown as "not intended for dedication" or unless the city council expressly repudiates the presumed dedication.
I. Application Forms: Application for any required planning commission action shall be submitted on forms prepared for that purpose.
J. Retention Of Plans: Plans, specifications and reports for all applications submitted to the city shall become the property of the public and shall be retained by the city for a minimum period of two (2) years.
K. Validity: Except as set forth in subsection L of this section, approval of a concept plan shall remain valid for twelve (12) months and approval of a preliminary design plan shall remain valid for twelve (12) months. These time periods may be extended for successive twelve (12) month periods at the discretion of the planning commission, for a time period not to exceed three (3) years, if a petition is submitted to the planning commission for an extension prior to the expiration date.
L. Phase Development:
1. Final plat and construction plan approval may be granted on less than the entire project covered by preliminary plan approval and may be done in phases as provided below. The development of the phases of project shall be done in an orderly manner and in such a way that the required improvements of each of the phases will be made available for the full effective and practical use and enjoyment thereof by the lessees or the grantees of any of the lands developed within the time hereinafter specified. The phases of any project shall, when possible, be contiguous to previously approved phases or other existing development.
2. Each phase must be approved by the planning commission and city council. Concept plan and preliminary design plan approval for phase developments will remain valid so long as an application for final plat and construction plan approval for a single phase within the phase development is submitted each twelve (12) months after preliminary design plan approval and the applicant diligently pursues approval of the application. In no event will concept plan and preliminary design plan approval for phase developments remain valid beyond ten (10) years from the date of original approval.
3. The planning commission may recommend, and the city council may elect, to govern the validity of preliminary design plan, final plat and construction plan approvals for phase developments through a development agreement between the city and the applicant.
4. If the developer does not maintain the required bond, or if the developer fails to complete all of the off site improvements within the boundaries of the approved final plat and construction plan phase as set forth in subsection L3 of this section, or if the developer is in default under any other term or condition which was required for final plat and construction plan approval, the city council may deny any further request for development of succeeding phases of the proposed development until the outstanding defaults have been cured to the satisfaction of the city council.
M. Appeals Procedure: Appeals from any administrative decision may be made to the hearing officer. Appeals from any decision of the planning commission may be made to the city council. (Ord. 2012-07, 4-30-2012)
N. Changes: Any significant changes made in an approved drawing require resubmission of the drawing for approval by the planning commission and city council.
O. Additional Required Information: The planning commission, city council, zoning administrator, city planner, city engineer, building official or city attorney may require such additional information as necessary to complete a proposal for the written record, demonstrate capability, solve anticipated problems, or show geotechnical solutions to site development.
P. Preconstruction Meetings: Prior to excavating or starting of the work, the subdivider shall call the city engineer to meet together for a preconstruction meeting. The subdivider shall bring to the meeting all contractors responsible to build the improvements associated with the project. The purpose of this meeting shall be to:
1. Verify recordation of the plat and final approval of the plans.
2. Determine schedule of construction.
3. Determine names, addresses and phone numbers of contractors, inspectors and all persons involved.
4. Review plans and special conditions or requirements.
5. Review bond reduction request.
6. Coordinate inspection and testing.
7. Discuss city standards and specifications.
Q. Construction Review: Construction work involving the installation of public improvements in subdivisions shall be subject to construction review by the city engineer.
1. Daily construction review shall be required on the following types of work:
a. Laying of street surfacing.
b. Placing of concrete for curb and gutter, sidewalks and other structures.
c. Laying of drainage pipe, water pipe, valves, hydrants and testing.
d. Street grading and gravel base.
e. Excavations for curb and gutter and sidewalks.
f. Excavations for structures.
2. Requests for construction review shall be made to the city engineer by the person responsible for the construction. Requests for construction review on work shall be made one working day prior to the commencement of the work.
R. Correcting Defective Work: Construction reviews shall be made by the city engineer after various phases of the construction work is completed. Any faulty or defective work shall be corrected by the subdivider or subdivider's contractor within a period of thirty (30) days from the date of city engineer's construction review wherein the faulty or defective work is noted and written notice is given to the subdivider and/or contractor. (Ord. 93-5, 7-6-1993, eff. 7-15-1993)
S. Park Development Fees:
1. In order to cover part of the costs involved in the development of parks and recreational areas for the inhabitants of the city and to provide for the acquisition of additional parks and park facilities to serve future development, a park development fee shall be paid to the city at the time of the issuance of each building permit within the city and in addition to any other fees provided by the revised ordinances in accordance with the fee schedule established by resolution of the city council, which fee schedule may be amended by resolution of the city council.
2. In the event a developer or subdivider shall elect to dedicate land to the city in lieu of payment of the park development fees herein provided, the city may, at the option of its governing body, accept said land and waive that portion of the building permit fee attributable to the park development fee and in an amount equivalent thereto on lots contained within such development or subdivision.
3. All park development fees obtained pursuant to the provisions of this subsection shall be maintained in a fund separate and apart from the other funds of the city and used for the purpose of developing, expanding, acquiring and improving parks and recreational facilities to meet the requirements of future development within the city, as the city council may determine reasonable and necessary.
4. Any person required to pay funds to the city in satisfaction of this requirement may appeal by giving written notice of appeal to the city manager within thirty (30) days on the latter of: a) the date on which the fee or charge fell due; or b) the date on which payment under protest was received by the city. The notice of appeal shall state all grounds for the appeal and shall be set for hearing before the city council. Any decision on the appeal shall be provided to the appellant in writing. (Ord. 95-1, 1-17-1995)