(a) Action on Plats and Plans. Plats and Plans for the development of land within the scope of this Ordinance shall be drawn and submitted to the Municipal Authority for their approval, conditional approval, or disapproval, as provided herein. If an Application is approved with conditions or disapproved, the Municipal Authority shall provide or cause to be provided to the Applicant a written statement for the conditions for approval or reasons for disapproval that clearly articulate each specific condition for the conditional approval or reason for disapproval. Each condition or reason specified in the written statement shall include a citation to the law or ordinance that is the basis for the conditional approval or disapproval, as applicable. In the event that a Municipal Authority subject to quorum requirements fails to act due to lack of a quorum at the meeting at which an Application is posted for action, then:
(1) the Application will be deemed approved if it meets the requirements of this Ordinance and applicable state law and was recommended for approval by City Staff; or
(2) the presiding officer of the Municipal Authority is authorized to disapprove an Application that is recommended by City staff to be disapproved due to failure to comply with this Ordinance or applicable law.
(b) Commencement of Construction. Notwithstanding any provision of this Ordinance to the contrary, an Applicant shall not commence construction activities within the City's jurisdiction, including clearing and/or rough grading, before first obtaining all of the City approvals required by this Ordinance.
(c) General Subdivision Process. Generally, the subdivision process is comprised of four (4) individual steps, consisting of the Concept Plan, the Preliminary Plat, Construction Plans, and the Final Plat. Each step of the development process has established deadlines and expirations that must be met in order for the Application and any approval(s) granted to remain valid, in effect and eligible to continue to the next step of, or to complete, the development process. Compliance with each such established deadline constitutes a separate required performance and approval.
(d) Submittal Schedule. The City Staff shall prepare an Applications submittal schedule. This submittal schedule shall be reviewed and approved by the Commission annually. Applications will only be accepted for submittal or resubmittal on the days authorized by the schedule approved by the Commission. The City Staff is authorized to adjust an approved schedule to accommodate holidays, City Hall closures, and cancelled or special called meetings.
(e) Application Forms. The City Staff shall prepare Application forms which shall include a checklist of the required information and documents that are required to be submitted by Applicants in order for an Application to be accepted as complete for review and processing under this Ordinance. The City Staff shall update the Application from time to time as required due to amendments to this Ordinance, state law, or applicable technical codes and manuals. The Commission shall review and approve the Application forms and amendments prepared by the City Staff from time to time.
(f) Application Completeness Review.
(1) City staff shall review all Applications for completeness and either accept the Application as complete or reject the Application and provide the Applicant with written notice of rejection that specifies the reasons for rejection within ten (10) business days of the date the Application is submitted. An Application will be considered complete if it is submitted in the required form, includes all information certificates, plans, documents, and instruments required in the Application and by this Ordinance, and is accompanied by the applicable fees. All Applications shall also include a list of any requested variance or exceptions from the City's Ordinance. Resubmittal Applications are also subject to this Subsection. An Application that is facially not complete, i.e. does not include completed forms, the information or documents required in the Application are lacking, or it is not accompanied by the applicable fees will not be accepted by the City. If, after additional review, the Application is determined to be incomplete, the City Staff shall provide written notice of the rejection of the Application that includes a description of the Application's deficiencies. No further processing of the Application will occur until the deficiencies are corrected.
(2) The following are additional requirements for acceptance of an Application:
(i) Required Number of Copies. The required number of copies of Applications and its components, having the form and content specified in this Ordinance for the plat package shall be as follows: one electronic copy in PDF format.
(ii) Any City standard details provided by the City Engineer on file with the City Secretary and as provided on the City's website. The City Engineer is authorized to provide updates as deemed necessary.
(iii) Any City standard notes provided by the City Engineer on file with the City Secretary and as provided on the City's website. The City Engineer is authorized to provide updates as deemed necessary.
(g) Order of Acceptance. No Preliminary Plat shall be accepted for filing until the Concept Plan has been approved. No Final Plat or Construction Plans shall be accepted for filing until the Preliminary Plat has been approved. Any Plans or Plats tendered to the City prior to receiving the appropriate approvals as provided in this section shall not be accepted as received.
(h) Notices. All submittals requiring notice to neighboring properties must include a list of the names and addresses of all property owners within the required distance and a preprinted mailing label for each.
(i) Resubmittal Applications.
(1) Resubmittal Applications are subject to the completeness review process set forth in this section. In addition to containing the portions of the original application that are being modified, the Resubmittal Application shall include a transmittal letter that describes how each reason for disapproval of the particular Plat or Plan that is the subject of the Resubmittal Application is being remedied or how each condition of a conditional approval is being satisfied, as applicable, and identifying the location in the Resubmittal Application where each remedy or response to a condition can be found. The transmittal letter shall further identify whether any other changes to the Application have been made other than those necessary to respond to the reasons for disapproval. A Resubmittal Application that modifies the original Application beyond what is required to satisfy a conditional approval or to remedy reasons for disapproval shall be considered a new Application and must be accompanied by the required Application fee and will be reviewed and processed in accordance with the deadlines and procedures applicable to initial Applications, including but not limited to the thirty (30) day approval deadlines. Except for Construction Plan Applications, Resubmittal Applications submitted for the purpose of satisfying a conditional approval or to remedy the reasons for disapproval of a Resubmittal Application shall be accompanied by the applicable Resubmittal Application Fee.
(2) If an Application is disapproved because a variance or waiver is required and the applicant wishes to obtain a variance or waiver instead of modifying the original application, the Resubmittal Application will not be accepted until the waiver or variance is approved or the applicant modifies the application to comply with applicable regulations.
(j) Incomplete Application Expirations. An Application shall expire on the 45th day after the date the Application is submitted to the City if:
(1) the Applicant fails to provide documents or other information necessary to comply with requirements relating to the form and content of the Application set forth in this Ordinance;
(2) within ten (10) business days of the date the Application is submitted to the City, the City provides the Applicant written notice of the failure that specifies the necessary documents or other information that are missing from the Application and the date the Application will expire if the documents or other information is not provided; and
(3) the Applicant fails to provide the specified documents or other information within the time provided in the notice.
(k) Processing of Applications Accepted for Filing.
(1) Prior to the Commission meeting at which the concept Plan is to be heard, City Staff shall review the plan for consistency with City codes, policies and plans.
(2) The Application shall be scheduled for consideration by the Municipal Authority within thirty (30) days of the Application Filing Date (or within the applicable extension period if an extension is granted), or within fifteen (15) days of the Resubmittal Date, as applicable. For Applications acted upon by the City Council in addition to the Municipal Authority, the Application shall be scheduled for consideration by the Council within thirty (30) days of the Municipal Authority's action on the Application (or within the applicable extension period if an extension is granted), or within fifteen (15) days of Commission's action on a Resubmittal Application, as applicable.
(3) City staff shall prepare a report analyzing the Application and recommending action on the Application. If the recommended action is disapproval or conditional approval, the report shall include the reasons for disapproval or the conditions for approval, as applicable, and citations to the law or ordinance that is the basis for disapproval or the conditional approval.
(l) Approval, Disapproval, Conditional Approval.
(1) Initial Application. The Municipal Authority shall take action on the Application within thirty (30) days of the Filing Date. The failure of the Municipal Authority to act within thirty (30) days of the Filing Date (or within sixty (60) days of the Filing Date where an extension has been granted), shall be deemed an approval of the Plan or Plat by the respective body, except as otherwise agreed to by the Applicant pursuant to Section 2.02.
(2) Resubmittal Application. After disapproval or conditional approval of an Application, the Applicant may submit a Resubmittal Application that addresses each condition of approval or remedies each reason for disapproval provided.
(3) Action on Resubmittal Application. The Municipal Authority shall take action on the Resubmittal Application within fifteen (15) days of Resubmittal Date. If the City Council also approves an Application, the Council, within fifteen (15) days of the date of action on the Application by the Municipal Authority, shall take action on the Application. The failure of either the Municipal Authority to act within fifteen (15) days of the Resubmittal Date (or the Council to act within fifteen (15) days of action on the resubmittal Application by the Commission, as applicable), shall be deemed an approval of the Plan or Plat by the Municipal Authority, if the Resubmittal Application satisfies all conditions of a conditional approval or remedies all reasons for disapproval, except as otherwise requested by the Applicant and approved by the Municipal Authority pursuant to Section 2.02.
(m) Application Expiration.
(1) An Application shall expire six (6) months after the date that all initial staff review comments from all reviewing departments have been issued on the Application if the Application is not approved due to the Applicant's failure to cause the Applicant to comply with applicable city regulations.
(2) The City Administrator may grant one six (6) month extension if the Applicant can show substantial progress in obtaining approval of the Application Substantial progress shall consist of, at a minimum, a resubmission of the Application and all relevant materials by the Applicant that address all initial staff review comments from all reviewing departments.
(3) After expiration of an Application, any new Application will be required to be resubmitted as a new Application including re-paying all of the fees associated with this process.
(n) Approval Does Not Waive Compliance. Approval of a Plan or Plat under this Ordinance does not waive any requirement or regulation under this Ordinance or an applicable City ordinance unless a waiver, exemption, or variance to such requirement or regulation is granted by the City employee, official, or body authorized to grant such waiver, exemption, or variance.
(o) Notice Compliance. Notwithstanding any term, provision or condition of this Ordinance, save and except for a Replat, the failure by the City to strictly comply with the issuance of any notice required to be made or provided by mail and/or by publica ion shall not:
(1) Invalidate the approval, disapproval or other action taken with respect to any plat or subdivision; or
(2) Give rise to any claim or cause of action by, or on behalf of, any person; provided that a Replat shall in no event be finally approved and authorized prior to the mailing and publication of notice as required by this Ordinance.
(Ord. 2022-002, passed 4-19-2022)