The review of applications pursuant to this Chapter shall be as follows:
(a) Optional Pre-Application Meeting. Before submitting an application pursuant to this Chapter, an applicant is encouraged, but not required, to contact the Building Commissioner to arrange a pre-application meeting with the Building Commissioner and the Planning Commission. The purpose of such meeting is to discuss, early and informally with the applicant, the purpose, intent, objective, scope, and requirements of this Chapter. No opinions, suggestions or recommendations discussed with or provided to the applicant at such meeting shall be relied upon by the applicant as a guarantee or other indicator of subsequent specific action on an application. The Planning Commission Chairman shall chair and facilitate the meeting. Desired additional attendees at the pre-application meeting shall include, but not be limited to, the following:
(1) Applicant and applicant’s professionals;
(2) Mayor;
(3) City Council;
(4) City Engineer;
(5) Fire Department;
(6) Police Department;
(7) Recreation Department;
(8) Service Department;
(9) Members of the Zoning Board of Appeals, if applicable;
(10) City Planner;
(11) Other City, County, State and/or federal agencies, as may be applicable; and
(12) Any other attendees, as deemed necessary by the Planning Commission and/or the Building Commissioner.
(b) Submittal of Application. An applicant shall submit an application that conforms to all requirements of this Chapter.
(c) Acceptance as Complete. The Building Commissioner shall review the application for conformance to the submittal requirements listed in this Chapter. Within three City working days of the date of submittal of the application, the Building Commissioner shall forward the application and plans along with any comments to the Planning Commission Secretary.
(d) Solicitation of Comments. Within two City working days of the date of acceptance of an application as complete, from the Building Commissioner, the Secretary shall forward one copy of the application to, and seek comments from, the following:
(1) Mayor;
(2) City Council;
(3) City Engineer;
(4) Fire Department;
(5) Police Department;
(6) Recreation Department;
(7) Service Department;
(8) City Planner; and
(9) Other City, County, State and/or federal agencies, as may be applicable; and
(10) Any others, as deemed necessary by the Planning Commission and/or the Building Commissioner.
(e) Distribution to Planning Commission. Within five City working days of the date of seeking comments, the Planning Commission Secretary shall either (1) notify the applicant in writing of any changes to the application that are necessary as a result of any comments received as of that date, or (2) forward copies of the application, as well as any comments received as of that date, to the Planning Commission for consideration and request placement on the next available Planning Commission meeting agenda, which shall be not less than five City working days following the date of distribution of such information.
(f) Planning Commission Action. Within 45 City working days of the date of the meeting at which the Planning Commission first considers an application, the Planning Commission shall review and take action on the application. The Planning Commission may, but need not, take action at the meeting at which it first considers an application. As part of its review, the Planning Commission shall examine the application’s conformance to the review standards outlined in Section 941.06. The Planning Commission shall approve, approve with conditions or disapprove the application. The Planning Commission’s decision shall be clearly stated in the Planning Commission’s minutes and provided in writing to the applicant within five City working days of the date of the meeting at which the Planning Commission renders such decision.
(g) Performance Guarantee. The Planning Commission and/or the Building Commissioner shall require that a performance guarantee be submitted to ensure completion of all improvements associated with an approved site and design plan. The performance guarantee procedure shall be as follows:
(1) Improvements covered by a performance guarantee shall include, but not be limited to, buildings, mechanical equipment, utilities, dumpster enclosures, parking, landscaping, drainage, retaining walls, streets, lighting, sidewalks, signage, and amenities.
(2) The applicant shall submit to the City Engineer an estimate of the cost of completion of all improvements associated with an approved site and design plan.
(3) The City Engineer shall review the estimate and determine the amount of the performance guarantee determined by code.
(4) The applicant shall deposit the determined amount with the City in a form acceptable to the City Law Director.
(5) A performance guarantee shall continue for not less than one year following the date of issuance of a certificate of occupancy, or the date of the Building Commissioner’s certification of completion where no certificate of occupancy is required, and shall not be released until the Building Commissioner inspects and verifies that all improvements have been installed and are being maintained per the approved site and design plan.
(6) To ensure that all unhealthy and/or dead plant material is replaced during the first two growing seasons following installation, any portion of a performance guarantee that includes landscaping shall continue for not less than two years following the date identified in Section 941.04(g)(5).
(h) Permits; Commencement of Construction. Upon approval of an application by the Planning Commission, including conformance to all conditions of approval, if any, and submission of a performance guarantee, the Building Commissioner may proceed with issuance of permits in accordance with all other applicable City regulations. Construction, including earth moving and all other site alterations, shall not commence until all required permits have been issued.
(i) Completion of Construction; Certificate of Occupancy. Upon completion of construction, the applicant shall notify the Building Commissioner, who shall inspect and certify that construction is complete, including installation of all improvements per the approved site and design plan. No Certificate of Occupancy, if required, shall be issued until the Building Commissioner’s certification of completion has been obtained.
(j) Expiration. Site and design plan approval pursuant to this Chapter shall expire 365 calendar days after the date of the meeting at which the Planning Commission takes final action, unless construction commences in conjunction with a valid building permit and has been certified by the Building Commissioner as complete during that period. Upon showing by the applicant that there has been uninterrupted progress and resolution of outstanding issues during that period, the Planning Commission may, but need not, extend site and design plan approval by up to 180 additional calendar days. The Planning Commission may grant additional extensions for similar reasons, but no single extension shall exceed 180 additional calendar days. (Ord. 82-2007. Passed 8-7-07.)