(a) Applications for a Design Approval Certificate shall be filed with the Responsible Authority. An applicant shall complete such an application fully. The failure to fully disclose the nature of the proposed project shall be considered as if no application has been submitted. Any substantial deviation from the project as disclosed to the Board shall require that a new application be submitted. The Design Review Board shall meet within ten (10) business days following the submission of a complete application. The responsible authority shall cause notice to be given to the nearby property owners identified in the application; however, the failure of any such individual to actually receive notice shall not prevent the Design Review Board from proceeding with an application. The Board must act on an application within seven (7) calendar days of its first meeting on the application, unless an extension is agreed to by the applicant.
(b) In the case of a proposed project which is described in Section 1182.07(a)(1) or (2) (i.e., new construction or demolition), the Design Review Board shall review and approve, disapprove, or modify applications, and upon such approval or approval with modifications, shall issue a design approval certificate reflecting any mandatory terms or conditions.
(c) In the case of a proposed project which is otherwise described in Section 1182.07 (e.g., remodeling, etc.), if the applicant has complied with the applicable filing requirements, the Design Review Board shall, within seven days of its meeting as specified in subsection (a), above, make recommendations to the applicant relative to the proposed project.
(1) If the applicant agrees with the recommendations, the agreed plan shall be committed to writing, executed by the applicant and a representative of the Design Review Board; and such plan shall be deemed to constitute mandatory terms of the Design Approval Certificate then issued by the Design Review Board.
(2) If the applicant disagrees with the recommendations, the applicant may appeal the recommendations pursuant to Section 1182.09.
(3) A. If the applicant does not accept the recommendations, the Board may, nevertheless, endeavor, for a period of no more than 45 days from the issuance of its recommendations, to obtain the applicant's adoption of an agreed plan for proceeding with the project (such an agreed plan, if reached, will be memorialized and become binding, as specified in subsection (1), above). However, at any time, the Board may formally elect to discontinue such efforts and proceed under subsection B., below.
B. In the event that the Design Review Board determines that all reasonable means of reaching an agreed plan have been exhausted, or that the 45 days have elapsed without an agreement having been reached, whichever occurs first, the Design Review Board shall issue a Design Approval Certificate, indicating that the applicant has been advised of any recommendations for the proposed project and is nevertheless eligible to proceed with work (subject to any other lawful requirements).
(d) If the work described in any Design Approval Certificate has not begun within one (1) year from the date of issuance thereof, the certificate shall be revoked by the responsible authority and written notice thereof shall be given to the persons affected. If the work described in any Design Approval Certificate has not been substantially completed within two years of the date of issuance thereof, it shall be revoked by the responsible authority, and written notice thereof shall be given to the persons affected, together with notice that further work as described in the expired certificate shall not proceed unless and until a new certificate has been obtained or an extension of not more than six (6) months is granted by the responsible authority. If a permit is revoked, all work on the project shall cease.
(Ord. 2008-58. Passed 2-2-09.)