The requirements of this section shall apply to all applications and procedures subject to review under these regulations, unless otherwise stated.
(1) Authority to File Applications
(a) Unless otherwise specified in these regulations, review applications defined in these regulations may be initiated by:
(i) An owner of the property that is subject of the application; or
(ii) An agent authorized by the owner, which may include a lessee of the property.
(b) If the application applies to more than 1 lot or property, the owner or their authorized agent of each property shall be required to sign the application.
(2) Application Submission Schedule
The schedule for the submission of applications in relation to scheduled meetings and hearing of the review bodies shall be established by the Community and Economic Development Department and made available to the public.
(3) Application Contents
(a) Applications required under these regulations shall be submitted in a form and in such numbers as established by the city and made available to the public. A checklist of submittal requirements shall be included with the related application form.
(b) Applications shall be accompanied by a fee as established by City Council pursuant to 0.
(c) Complete Application Determination
(i) The Zoning Administrator shall only initiate the review and processing of applications submitted under this chapter if such application is determined to be complete.
(ii) 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 § 155.03(B).
(iii) The Zoning Administrator shall make a determination of application completeness within 5 business days of the application filing.
(iv) If the application is determined to be complete, the application shall then be processed according to the procedures and timelines set forth in these regulations.
(v) If an application is determined to be incomplete, the Zoning 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 Zoning Administrator determines that the application is complete.
(vi) 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.
(vii) If the applicant fails to correct all deficiencies and submit a complete application within 60 days of the notice provided by the Zoning 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 Zoning Administrator may grant 1 60 day extension if just cause is shown.
(viii) 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 § 155.03(B), submit a new application, and submit a new filing fee.
(ix) If any false or misleading information is submitted or supplied by an applicant on an application, that application shall be deemed incomplete.
(4) Effect of Pre-application Conferences or Meetings
No action can be taken by the staff and/or any boards until 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 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.
(5) Fees
(a) Application Fees
(i) Any application for subdivision review under these regulations shall be accompanied by such fees as shall be specified from time to time by ordinance of City Council.
(ii) The fees shall be in addition to any other fees that may be imposed by the city, state, Miami County, or other agency having jurisdiction.
(iii) The payment of any plat fees or recording fees due to the city shall be made to the Tipp City Director of Finance. All other fees shall be made to the Community and Economic Development Department.
(iv) Such fees are adopted to cover the cost to the city of investigations, legal advertising, postage and other expenses resulting from the administration of the respective subdivision and zoning activities.
(v) No application shall be processed or determined to be complete until the established fee has been paid. Preliminary plat fees shall be paid in full at the time the preliminary plat is filed. Final plat fees shall be paid in full at the time the final plat is filed.
(vi) 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 Zoning Administrator is authorized to collect such additional costs from the applicant.
(vii) Application fees are not refundable, except where the Zoning 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.
(b) Additional Fees
(i) Fees for inspections made during and upon completion of all public improvements shall be paid, in full, at the time the final plat is submitted to City Council.
(ii) Any parks and recreation fees required by 0 shall be paid, in full, at the time the final plat is submitted to City Council.
(iii) All required engineering review fees shall be paid, in full, at the time the final plat is submitted to City Council.
(iv) The subdivider shall be held responsible for all additional fees. The guarantee required to be posted by the subdivider guarantees the payment of all inspection fees and no guarantee, or portion thereof, shall be released until all inspection fees have been paid in full. For those final plats having conditional approval, no final approval will be given nor shall such a plat be recorded until all inspection fees are paid in full.
(6) Public Notification for Public Meetings
Applications for development approval that require public meetings shall comply with all applicable state requirements and all requirements established in Chapter 36 of the Tipp City Code of Ordinances.
(7) Withdrawal of Application
(a) Any request for withdrawal of an application shall be either submitted in writing to the Zoning Administrator or made through a verbal request by the applicant prior to action by the review or decision-making body.
(b) In all cases where the applicant has requested the withdrawal of an application, the application fee paid shall not be refunded.
(8) Examination and Copying of Application and Other Document
Documents and/or records may be inspected and/or copied as provided for by state law.
(9) Effect of any Approvals
(a) The issuance of any approval or permit under these regulations shall authorize only the particular subdivision, modification or construction of public improvements approved in the subject application.
(b) All approvals shall run with the land or use and shall not be affected by change in ownership.
(10) Subsequent Development
(a) Development authorized by any approval under these regulations shall not be carried out until the applicant has secured all other approvals required by these regulations or any other applicable provisions of the city.
(b) The granting of any approval shall not guarantee the approval of any other required permit or application.
(c) 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.
(11) Computation of Time
(a) In computing any period of time prescribed or allowed by these regulations, 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 Tipp City where the city administrative offices are closed for the entire day.
(b) When the period of time prescribed is less than 7 days, intermediate Saturdays, Sundays, and legal holidays shall be excluded from the computation (i.e., business days and not calendar days).
(c) 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 Tipp City.
(Ord. 5-14, passed 3-17-2014)