(a)
Purpose.
Require public improvements to be constructed and installed to serve a development in accordance with all subdivision ordinance standards.
(b)
Submitting plans.
Applications for construction plans shall be submitted to the city engineer and will be reviewed in accordance with this subdivision ordinance, and engineering services requirements, as provided in the development application handbook. The application for a construction plan shall be processed and considered for approval in accordance with the procedures and deadlines set out in section 9.01.007.
(c)
Action by the city engineer.
Once the application is deemed complete, the city engineer shall review the application for technical compliance with the subdivision ordinance and the development application handbook and provide comments to the applicant regarding any deficiencies that may need to be addressed in order for the city engineer to be able to recommend approval of the construction plans to the city council. All comments and opportunities by the applicant to correct or supplement any deficient information shall be completed in time to schedule the application on the city council agenda within the procedural deadlines set out in section 9.01.007. The application shall be scheduled for a city council meeting for approval, approval with conditions, or for denial prior to the expiration of 30 days from the official filing date.
(d)
Action by the city council.
The city council action shall include the information required by section 9.01.008.
(e)
Approval required and timing of construction.
Construction plans must be approved in accordance with this section prior to the approval and/or recordation of the final plat, unless otherwise stated within this subdivision ordinance.
(f)
Criteria for approval.
(1)
The plans are consistent with any previously approved plat application and the development application handbook;
(2)
The plans conform to the criteria for approval set out in section 9.02.002(e).
(g)
Effect.
(h)
Expiration.
The approval of the construction plans shall remain in effect for a period of one (1) year from the date of approval, unless the plans are extended in accordance with section 0) [subsection (j).]
(i)
Extension, or for the duration of the construction of the project, provided that progress toward completion on the project continues to be demonstrated.
(j)
Extension.
Construction plans may be extended for a period of six (6) additional months beyond the initial expiration date. A request must be made in writing to the planning and zoning administrator for such extension prior to expiration of the plans and shall include reasons why the plans should be extended.
(1)
Action by the planning and zoning administrator.
(A)
The planning and zoning administrator will review the extension request, and shall approve, approve with conditions, or deny the extension request within thirty (30) calendar days following the official filing date.
(B)
Should the planning and zoning administrator fail to act on an extension request within thirty (30) calendar days, the extension shall be deemed to be approved.
(2)
Consideration.
The planning and zoning administrator shall extend construction plans approval for a period of six (6) additional months beyond the Plans’ expiration date if:
(A)
A final plat has been submitted, approved or filed of record for any portion of the property shown on the construction plans;
(B)
The construction plans comply with new ordinances that impact the health, safety and general welfare of the community;
(C)
Demonstrable forward progress has been made to proceed with construction of required improvements; and
(D)
An improvement agreement, if applicable, is still valid and in full effect.
(3)
Conditions.
In granting an extension, the planning and zoning administrator may impose such conditions as are needed to ensure that the land will be developed in a timely fashion and that the public interest is served.
(4)
Total extension.
A second six (6) month extension may be requested using the same process outlined above.
(k)
Construction permit.
Upon approval of any applicable plat and approval of the construction plans, receipt of all documentation (e.g., insurance information, bonds, improvement agreements etc.) and fees required by the city have been paid, and after the pre-construction meeting with the city, the city engineer shall release the construction permit if all city requirements pertaining to the construction have been met. The construction permit shall remain in effect for a period of one (1) year from the date of issuance, or for the duration of construction of the project, provided that progress toward completion of the project continues to be demonstrated. Expiration, and possible extension, of the construction permit shall be the same as for the construction plans.
(Ordinance 2020-16 adopted 12/8/20)