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(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.
(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.
(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)
(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)
(A) The Planning Commission may refuse approval of any development plan for any of the following reasons:
(1) Incomplete application. The development plan is not submitted in accordance with the requirements of this subchapter.
(2) Violation of law. The proposed development or construction would violate a city ordinance, or a state or federal law.
(3) Dangerous traffic conditions. The proposed development would create or compound a dangerous traffic condition. For the purpose of this chapter, a DANGEROUS TRAFFIC CONDITION shall be construed to mean a traffic condition in which the risk of accidents involving motor vehicles is significant due to factors such as, but not limited to, high traffic volume, topography, or the nature of the traffic pattern.
(4) Lack of utilities. Adequate water, sewer, and electrical utilities are not readily available to the property and the developer has made no provision for extending such service to the development, or the provision of these utilities cannot obtain approval by the State Health Department, or other appropriate department.
(5) Inadequate drainage conditions. The property to be developed reflects an extreme drainage problem uncorrected by the proposed development plan.
(6) Other actions required. The plans pertain to a parcel that requires prior platting or rezoning.
(7) Other. Any other circumstances as determined by the Planning Commission.
(Ord. 2013-04-417, passed 4-2-13; Am. Ord. 2013-09-440, § 152.700.05, passed 9-3-13)
The development plan approved by Planning Commission will be deemed to be a final plan for which minor adjustments and modifications may be granted upon request of the Planning Commission. In no event may any modifications to a development plan be made without prior approval of the Planning Commission. Any substantial changes in the development will be in conformance with the procedures for a new submission. Determination of the relative importance of the alterations and/or the need for re-submittal will lie with the City Engineer.
(Ord. 2013-04-417, passed 4-2-13; Am. Ord. 2013-09-440, § 152.700.06, passed 9-3-13)
(A) Expiration. The approved development plan is conditioned upon the applicant accomplishing the following tasks within six months from the date of approval:
(1) Receive a building permit;
(2) Place footing; and
(3) Receive all permits and approvals required by city, state and federal regulations to start construction of the development or project.
(B) Extension. Prior to the expiration of the six-month time limit, an applicant may request the Planning Commission to extend the period to accomplish the task by up to six additional months. The applicant has the burden to show good cause why the task could not be reasonably completed within the normal six-month time limit. Only one six-month extension will be permitted for a given project. After the expiration of the extension period the applicant will be required to resubmit the large scale development including the payment of all fees and requirements of the original submittal.
(Ord. 2013-04-417, passed 4-2-13; Am. Ord. 2013-09-440, § 152.700.07, passed 9-3-13)
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