§ 158.054  FINAL SITE PLAN.
   (A)   Application and submission requirements. Unless otherwise required in this chapter or by the Director, the following items must be submitted to the city for an application to be considered complete (the quantities and formatting of each item shall be detailed in an application packet provided to the applicant by the city):
      (1)   Site plan application, completed and signed in such form as provided by the Director;
      (2)   Site plan application fee;
      (3)   Consultant plan review payment responsibility form;
      (4)   Site plan review fee deposit;
      (5)   Proof of ownership;
      (6)   Final site plan;
      (7)   Final utilities studies and plans as may be required by the city;
      (8)   Final drainage report as may be required by the city;
      (9)   Deeds of dedication for all rights-of-way or easements required as a result of preliminary site plan approval, if conveyance thereof is not to be made by plat or by the filing of the final site plan pursuant to this section;
      (10)   A copy of all covenants and restrictions applicable to the development, if required;
      (11)   Evidence of the establishment of the agency for the ownership and maintenance of any common open space and all assurances of the financial and administrative ability of such agency, if required by the terms of the approved preliminary site plan;
      (12)   Evidence of satisfaction of any conditions of the preliminary site plan approval that were conditions prior to consideration of the final site plan;
      (13)   Documentation reflecting how common areas will be maintained under the ownership or control shall be submitted prior to final site plan approval. The documents shall include, but are not limited to, homeowner’s association documents, joint agreements and covenants clearly defining the shared maintenance of common open spaces and detention/retention areas and other utilities within each of the zoning lots and/or phases comprising the proposed development, shared access and parking arrangements, joint maintenance agreements, common design elements including integration of common architectural themes and active and passive open space and landscaped areas; and
      (14)   Additional information as may be requested by the city including, but not limited to: traffic impact study, access management plan, geologic hazard study, wildlife impact report, historic inventory study and data which estimates and documents how the project will affect population, employment, schools, parks, streets, utilities, public safety and other city services.
   (B)   Final site plan formatting requirements. For a final site plan to be accepted for review, all of the information required by the policy memorandum for the preliminary site plan must be shown on the final site plan along with the additional requirements set forth below, as applicable:
      (1)   Final storm water collection, detention, erosion control plans and calculations;
      (2)   Final analysis of the capacity of the existing sanitary sewer receiving system;
      (3)   Final water and sanitary sewer plans;
      (4)   Final grading plans;
      (5)   Photometric plan formatted in accordance with this code;
      (6)   Final landscape plan formatted in accordance with this code;
      (7)   Building and accessory structure elevations;
      (8)   One or more illustrations shall be submitted with the final site plan showing dimensions and areas of all floors within proposed buildings; and
      (9)   All proposed improvements shall be in accordance with the city’s land subdivision regulations as they apply to the development and all final improvement standards prior to the authorization of any clearing, grading or construction permit(s). Exceptions to these requirements may be granted subject to approval by the City Council.
   (C)   Consideration of final site plans.
      (1)   No changes. A final site plan that contains no changes or additions to the approved preliminary site plan shall be approved by the Director upon a determination that all conditions of approval of the preliminary site plan, if any, have been satisfied by the applicant, and that all other submission requirements have been satisfied.
      (2)   Minor changes. A final site plan that contains minor changes to the approved preliminary site plan may be approved by the Director. A determination by the Director on such minor changes shall be made pursuant to this division (C)(2), provided that the Director may, at his or her discretion, may submit the changes to the City Council for its review. For purposes of this section, MINOR CHANGES from the approved preliminary site plan shall mean all of the following changes that are otherwise authorized by the underlying district regulations:
         (a)   Changes in the density of residential uses of up to 5%;
         (b)   Increase in the total floor area of all non-residential buildings covered by the plan of up to 10%;
         (c)   Increase of lot coverage of up to 5%;
         (d)   Changes in the height of any building of up to 10%;
         (e)   Changes of any peripheral setback of up to 5%;
         (f)   Decrease of areas devoted to open space of up to 5%; and
         (g)   Minor changes in the landscape plan; except that, total landscape area cannot be decreased.
      (3)   Substantial changes. A final site plan that contains any changes that are not “minor changes” shall be considered substantial changes from the approved preliminary site plan and may be approved only by the City Council. The City Council shall apply the criteria set forth herein, applicable to a preliminary site plan application.
      (4)   Conditions on approval. If the City Council attaches conditions to the approval of a final site plan, it shall designate specific requirements, if any, that must be met before issuance of a grading permit or building permit. The City Council may delegate to the Director the authority to determine whether the specifically prescribed conditions attached to the approval have been satisfied by the applicant. Such conditions may arise from a change in circumstances following the original approval, identification of new information or other reasonable factors warranting conditions as necessary to satisfy the approval criteria.
   (D)   Duration of validity (final site plan). Final site plan approval shall, unless a shorter time is specified, be valid for a period of 12 months from the date of such approval, unless within such period a building permit is obtained and substantial construction is commenced and all additional building permits necessary to complete the project as approved in the final site plan schedule are obtained in a timely fashion, as determined by the Building Official. An application for extension of a final site plan may be granted, if the application is filed before the final site plan expires. Upon granting an extension, the City Council has the authority to attach new conditions to the final site plan as it deems appropriate. Substantial construction as used in this section shall mean completion of at least 10% of the construction in terms of the total expected cost of the project for which the permit was issued. Whenever a final site plan or phase thereof has expired as provided in this section, no development shall take place on the property until a new final site plan has been submitted and approved. A new final site plan shall be required for any construction not completed within five years of the date of the final site plan approval.
   (E)   Recording of final site plans for planned and special uses. Following the approval of a final site plan for any PUD or special use, a copy of the site plan signed by the Mayor and City Clerk shall be filed by the applicant with the Recorder of Deeds of the county. All filing fees shall be paid by the person who filed the site plan application. The authorization for the use approved by the site plan shall not become effective until a copy of the recorded plan bearing its recordation notations shall be returned and placed on file with the City Clerk. Unless waived by the Director, the final site plan shall be combined with the final plat where easements or infrastructure are to be dedicated to the public or the final site plan includes the subdivision of land. Such waiver may be granted where the dedication and transfer of easements, improvements or land can be lawfully satisfied pursuant to this code without recording of a final plat.
(Ord. 3463, passed 7-17-2006)