LARGE SCALE DEVELOPMENTS

§ 152.095 APPLICABILITY.

   (A)   This section is applicable to all Commercial, Industrial and Multi-Family Residential construction within the city.

   (B)   A development plan is required to be submitted to the Planning Commission for all such development or building construction regardless of zone and for all additions to existing developments or buildings regardless of zone.

   (C)   Single family and duplex residential construction is specifically exempted from this requirement.

   (D)   (1)   Examples of facilities or construction covered, but not limited to:

      (2)   New commercial, industrial, or civic development and building construction.

   (E)   (1)   Additions or improvements to existing buildings or developments that increase the overall square footage of the current structure(s) or development by more than 50%, not to exceed 3,999 square feet.

      (2)   The revision of land use that results in the need to access to public streets or utilities.

   (F)   No building permit shall be issued and no temporary or permanent connection to utilities shall be allowed until the development plan has been approved as set forth in this subchapter. No permanent connection to utilities shall be allowed until the Building Official has certified compliance with the approved development plan.

(Ord. 2013-04-417, passed 4-2-13; Am. Ord. 2013-09-440, § 152.700.01, passed 9-3-13; Am. Ord. 2014-12-488, passed 12-2-14; Am. Ord. 2015-07-530, passed 7-21-15; Am. Ord. 2017-12-668, passed 12-5-17)

§ 152.096 PRE-APPLICATION CONFERENCE.

   (A)   Purpose. When the owner of a tract of land proposes its development as described in § 152.095, the applicant is urged to discuss informally the intent of this development with the planning staff. The purpose and intent of the pre-application conference is to afford the applicant an opportunity to obtain the advice of the planning staff in order to avoid unnecessary costs and delays to the applicant and to give informal guidance to the development at a stage where potential points of conflict or differences can be readily resolved.

   (B)   Fees. No fees shall be collected for pre-application conference, its purpose being to acquaint the applicant with plans and policies in effect that may be significant to his or her proposed project (development, construction, usage, or revision).

   (C)   Sketch plans. The applicant shall submit sketch plans and data showing existing conditions within the site and its vicinity and the proposed layout and development of the proposed development. Sketch plans should include tentative design/layout of the following improvements: stormwater detention, utility connections, parking, street access, lighting, signage, and landscaping.

   (D)   Discussion. At the pre-application conference, the general character of the development will be discussed and items including zoning, utility service, street requirements, flooding and drainage, and other pertinent factors related to the proposed development and its proposed usage will be reviewed. Discussions at the pre-application conference shall not imply any approval of subsequent development plan approval.

(Ord. 2013-04-417, passed 4-2-13; Am. Ord. 2013-09-440, § 152.700.02, passed 9-3-13; Am. Ord. 2014-12-488, passed 12-2-14)

§ 152.097 APPLICATION FOR APPROVAL.

   (A)   Development plans are to be submitted to the Planning Office pursuant to the Tontitown development calendar and shall be reviewed upon their individual merits upon specific application of the developer.

   (B)   The development plans shall comply with §§ 152.115 through 152.117.

   (C)   The Planning Commission shall be permitted (upon review and approval by city engineer and city planner) to waive certain requirements of the plat and plan requirements, depending on the size and complexity of the building or development and upon the impact which the building or development may have on the Master Street Plan, zoning ordinance, and the Land Use Plan or any other published, current or future, plans for the city.

   (D)   Unless given a waiver under division (C) above the application for approval must contain the following at a minimum to be considered:

      (1)   Application. Complete the application provided by the Planning Official.

      (2)   Fee. Payment of the fee as indicated on the application.

      (3)   Plans. The number of copies of development plans and landscaping plans as identified on the application. All appropriate items as required by §§ 152.115 through 152.117.

      (4)   Deed. Copy of land deed showing ownership of property.

      (5)   Submittal to other departments. The developer shall submit to the Planning Commission and representatives for the water, sewer and electrical consultants or agencies, as required by the Planning Commission, sufficient copies of the development plan drawn to scale. The plan shall be submitted containing a development plan, landscape or planting plan, utility plan, detail sheet and erosion control plans, grading and drainage plans, and any other information required by the Planning Commission.

(Ord. 2013-04-417, passed 4-2-13; Am. Ord. 2013-09-440, § 152.700.03, passed 9-3-13; Am. Ord. 2017-12-668, passed 12-5-17)

§ 152.098 REVIEW AND APPROVAL.

   (A)   Administrative review.

      (1)   Applicability. The Planning Official/City Engineer shall administratively review:

         (a)   Residential. Any residential development not exceeding two family units.

      (2)   Action. Within 30 days of receipt of the complete large scale development plans by the Planning Commission, the Commission shall recommend for approval, approval with conditions, or disapproval of the plans. If the Planning Commission recommends, a signed copy of plan will be forwarded to the developer. If the plans are approved with conditions, the conditions shall be set forth in minutes of the Planning Commission meeting. If revised plans and proof of performance are not provided to the Planning Commission within 14 days of Planning Commission approval or their action is revoked. If the plans are disapproved, the reasons for such action shall be reduced to written form and supplied to the developer.

      (3)   Additional review. If the Planning Commission determines that there is a necessity of transmitting the plans to outside sources for additional comment or in-depth study, he or she shall notify the developer in writing within the 14-day period that a decision will not be made within the 14-day period, what the reasons are for the delay and the date at which a decision can be expected. A copy of the letter shall be sent the Chairman of the Tontitown Planning Commission. If the developer objects to such an extension, the objection shall be heard as a priority item at the next regular Planning Commission meeting.

      (4)   Approval signatures. All approvals to any development plan shall bear the signature of the Chairman of the Planning Commission upon the development plan.

   (B)   Planning Commission action. All developments shall be submitted to the Planning Commission, which shall approve, approve with conditions, or disapprove the submitted plan. The Planning Commission is required to take such action within 45 days of submission unless the applicant agrees to a postponement. All Planning Commission approvals to any development plan shall be signified by the signature on the development plan of the Chairman of the Planning Commission.

(Ord. 2013-04-417, passed 4-2-13; Am. Ord. 2013-09-440, § 152.700.04, passed 9-3-13; Am. Ord. 2017-12-668, passed 12-5-17)