(a) 
Before developing or redeveloping land located in the city limits or its extraterritorial jurisdiction for nonresidential and multifamily uses, an applicant must first obtain a site development permit in accordance with this chapter.
(b) 
No development shall be undertaken before the effective date of a site development permit for said development is issued by the city.
(c) 
Site development permits shall only be issued for lots that have been platted and legally recorded or have otherwise obtained legal lot status.
(d) 
Unless a site development permit has been approved and filed with the city, the city shall not authorize:
(1) 
The supply of gas or electricity;
(2) 
The sale or supply of any water or sewage service; or
(3) 
The repair, modification or installation of public or private sewerage facilities.
(e) 
A public utility service provider is not required to acquire a site development permit for the maintenance and repair of existing utilities or the installation of utility lines. Either a utility maintenance or utility development permit application shall be required.
(f) 
Any right, privilege or remedy granted by this chapter to the person obtaining or holding permit approval shall also run in favor of such person’s successors in interest and assigns. Any duty or obligation of, or remedy against, such person arising under this chapter shall also be imposed upon such person’s successors in interest, assigns, agents, employees, representatives, or any person acting pursuant to the direction of any of the foregoing, or under color of same.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11)
(a) 
The development of nonresidential and multifamily sites within the city and its extraterritorial jurisdiction increases the traffic on the roadways in and around the city. To compensate for the increase in traffic and to improve the safety of these roadways, the developer of each nonresidential and multifamily site within the city and its extraterritorial jurisdiction shall construct or improve existing streets, including all underground utilities, bordering or abutting the site if such street is to be used for access to the site.
(b) 
These improvements shall include the extension of streets and utilities from an intersection with a roadway accepted by the city, county or state leading to the borders of the site.
(c) 
These improvements shall be processed in conjunction with and in the manner as the site plan. A certificate of acceptance shall not be issued for the site until all required roadway and utility improvements have been completed.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11)
(a) 
The issuance or granting of a permit or approval of plans and specifications shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this chapter or any other city ordinance. No permit purporting to give authority to violate or cancel the provisions of this chapter shall be valid, except insofar as the work or use that it authorizes is lawful and conforms to the requirements of this chapter or a variance or modification granted pursuant to this chapter.
(b) 
The issuance of a permit based upon plans and specifications shall not prevent the city from thereafter requiring the correction of errors in said plans and specifications or from preventing building operations being carried on thereunder when in violation of this chapter or of any other ordinance of the city.
(c) 
A site development permit is considered valid from the date of issuance until the city has issued a certificate of acceptance or until it expires or is canceled.
(d) 
Site development plans approved by the city and any site development permits obtained as a result of plan approval shall expire two (2) years from the date of code official approval as noted on the cover sheet of the site development plan unless substantial construction on the project has commenced to a degree acceptable to the city.
(e) 
The city may, in writing, suspend or revoke a permit issued under the provisions of this chapter whenever the permit is issued in error, or on the basis of incorrect information, or for violations of the provisions of this chapter or any other city ordinances.
(f) 
Projects approved by the city shall begin and be completed in a timely manner. If inordinate delays are anticipated or experienced, the contractor shall notify the city and coordinate a new time schedule for completion. Permits for projects that have been suspended, abandoned or have not made reasonable progress for a period of 30 days may be revoked by the city. If a permit is revoked, the site must be restored/revegetated within 30 days of the date of revocation.
(g) 
After a permit is no longer valid, a new application and applicable fees for a new permit must be filed if the project is to be continued.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11)
(a) 
An applicant seeking a site development permit must submit a site development plan set and documents as required by the building and development services department. Unless otherwise required by the city, a site development plan set shall include the following plan sheets: cover sheet, general notes, final plat, existing conditions, slope map, erosion control/tree protection plan, site plan, grading plan, drainage area map (existing and proposed), drainage plan and profile, lighting plan, water and wastewater plan and profile, detention and water quality plan, utility plan (propane, electric, etc.), landscape plan, irrigation plan, and construction details.
(b) 
The site development plan shall meet all requirements, conditions, standards and specifications established by this chapter. The proposed plan shall be certified as complete and accurate and in compliance with the provisions of this chapter by a licensed professional engineer registered in the state in the specialty field of civil engineering, and by any other professionals as required by this chapter.
(c) 
An applicant may design a site development plan to be constructed in phases. If the project is divided into phases, the applicant shall identify the phases on the site development plan and propose dates for the beginning and end of each phase. The final phase of a proposed project may not begin any later than three (3) years after the beginning of the first phase.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11)
(a) 
The applicant shall submit a complete application, as required by this chapter, to the code official.
(b) 
To be considered complete, an application must include all documents, reports, drawings, authorizations, certifications, signatures, fees, and supplemental information as required by the building and development services department.
(c) 
Representatives of the city, the emergency services district, the appropriate water district, and the county (if applicable) shall review the submittal for code compliance. The applicant shall satisfactorily address any comments and resubmit for approval. Plans shall not be resubmitted for review until the project engineer has received comments from each reviewing entity.
(d) 
The city shall have the right to select and engage sanitarians, surveyors, design professionals or engineers, or any combination thereof, to conduct investigations, tests, examine plans and specifications, present evidence, advise and represent the city, and assist the applicant in the development of documents in accordance with the provisions of this chapter. The applicant shall be required to reimburse the city for costs of such services prior to plan approval.
(e) 
All required fees, including but not limited to city fees, water provider fees, and emergency services district fees, shall be paid prior to plan review commencement.
(f) 
If no waiver or variance is requested, the code official and city engineer may approve the corrected plans and issue a permit. The code official may, for any reason, elect to present the permit application and documents to the zoning and planning commission or the city council, or both, for approval.
(g) 
If a waiver or variance is requested, the code official shall process the request in accordance with article 28.12 of this chapter.
(h) 
A site development permit shall not be issued until:
(1) 
The city has received the required number of sets of approved drawings including a cover sheet with all required signatures;
(2) 
All required tree protection and erosion and sedimentation controls, including the stabilized construction entrance, have been installed as shown on the approved plans;
(3) 
The contractor’s project superintendent has arranged for and conducted an on-site preconstruction meeting in which the following persons must be present: the owner/developer, project engineer, relevant contractors, relevant utility representatives, emergency services district personnel, the code official, the city engineer and a representative from the county if the project is in the city’s extraterritorial jurisdiction or affects a county road.
(i) 
Site plan applications that are considered complete, as specified above, shall expire if city approval has not been obtained within 180 days from the date that the application was deemed complete.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11)
(a) 
Revisions may only be made while the site development permit is valid. After a permit is no longer valid, proposed alterations to the site shall be considered as a new submittal and must be accompanied by a new application, fees and full set of documents and drawings as required by this chapter.
(b) 
For plan revisions, the project engineer must submit an application form, fees, cover letter and a copy of all proposed revision sheets to the code official for review.
(c) 
Revisions may not include proposed structures requiring the issuance of a certificate of occupancy. The revised plans for these structures shall be considered as a new submittal and must be accompanied by a new application and full set of documents and drawings as required by this chapter.
(d) 
The city must approve and sign all revisions to permitted plans prior to the contractor performing any work not shown on the permitted plans.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11)
Upon completion of the project, the project engineer shall submit a letter stating that he or his designated representative under his supervision has conducted visits during construction and that all driveways, drainage systems and structures, utilities, parking areas, sidewalks, accessible routes, paving, stormwater detention and water quality ponds, landscaping, and general site improvements were constructed according to the permitted plans, with insignificant deviation, unless noted otherwise.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11)
(a) 
Upon receipt of the engineer’s concurrence letter, the city engineer shall inspect the site for conformity with the approved plans and shall provide the project engineer with a list of outstanding items to be completed prior to the issuance of a certificate of acceptance. The city engineer shall be contacted to reinspect the site once these items have been addressed. A certificate of acceptance may be issued when all items have been satisfactorily completed.
(b) 
The certificate of acceptance shall not be issued until the code official has received reproducible plans (24" x 26" mylars) certified as “record drawings” by the project engineer. The project engineer shall also submit a CD of pdf and CAD (dwg) files of the “record drawings.”
(c) 
After the certificate of acceptance has been issued, the code official may issue a certificate of occupancy (CO). A CO may not be issued prior to the issuance of a certificate of acceptance.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11)
(a) 
General.
(1) 
Minor construction projects that do not add more than 2,000 square feet of additional impervious cover to a given site may be exempted from having to apply for a site development permit if the owner/developer obtains a small project permit.
(2) 
A small project permit allows the permit holder to construct up to 2,000 square feet of additional impervious cover without having to upgrade the site to comply with all current development code requirements and regulations.
(3) 
In addition to meeting chapter requirements for the actual work proposed by the small project permit application, the applicant may be obligated to improve the entire site to meet the following chapter requirements:
(A) 
Driveway improvements.
(B) 
Parking improvements.
(C) 
Drainage improvements, without the construction of a detention pond.
(D) 
All improvements related to fire safety (fire hydrant installation, fire access improvements, etc.) as deemed necessary by the appropriate emergency services district.
(4) 
Small project permit applications shall be processed in the same manner as site development permit applications but shall include only those documents and drawings deemed appropriate and necessary by city staff.
(b) 
Restrictions.
(1) 
Small project permits shall not be issued for construction projects on vacant sites; small project permits may only be issued for improvements to sites with existing structures.
(2) 
Small project permits shall not be issued for projects that require a variance.
(3) 
Small project permits shall only be issued for lots that have been platted and legally recorded or have otherwise obtained legal lot status.
(4) 
Small project permits shall not be issued for projects that would cause the overall impervious cover of the site to exceed 60 percent of the net site area.
(5) 
Only one small project permit may be issued for a given lot per year.
(6) 
No more than two small project permits may be issued for a given lot.
(7) 
Small project plans approved by the city and small project permits obtained as a result of plan approval shall expire 90 days from the date of code official approval (as noted on the cover sheet of the small project plan) unless substantial construction on the project has commenced to a degree acceptable to the city. No extensions shall be granted.
(8) 
Unless otherwise noted in this section, all provisions of this article and this chapter apply to small project permits.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11)