Whenever it would be inadvisable to apply a provision of this ordinance because a tract is of such unusual size, shape, or character and would render an extraordinary hardship not created or imposed by the owner or developer, the Planning Commission may modify such provisions only to provide that substantial justice may be done, the public interest secured; and the intent and spirit of these regulations fulfilled, provided that in no event shall the requirements of procedure or improvements be waived. Such modification thus granted shall be made at the written request of the developer stating the reasons for such modification and shall be waived only by three-fourths (3/4) vote of the regular membership of the Planning Commission. Any such modifications thus granted shall be duly entered and recorded in the minutes of the Planning Commission, setting forth therein the reasons which justify the modifications.
(Ordinance 1991-2 adopted 3/12/91)
The City Commission may, from time to time, adopt, amend, and make public rules and regulations for the administration of these regulations to the end that the public be informed and that approval of plats be expedited. These regulations may be enlarged or amended by the City Commission after public hearing, due notice of which shall be given as required by law.
(Ordinance 1991-2 adopted 3/12/91)
If any section, clause, paragraph, provision, or portion of these regulations shall be held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect any other section, clause, paragraph, provision, or portion of these regulations.
(Ordinance 1991-2 adopted 3/12/91)
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
(Ordinance 1991-2 adopted 3/12/91)
No building permit shall be issued for any new structure, or change, improvement, or alteration of any existing structure, on any tract of land, in a subdivision filed of record after the effective date of these regulations, which does not comply with all of the provisions of these regulations.
A violation of these regulations shall be deemed a misdemeanor and shall be punishable by fine. Any person, firm, or corporation which violates or refuses to comply with any of the provisions of these regulations shall be fined not less than Five Dollars ($5.00) nor more than Two Hundred Dollars ($200.00) including costs, for each offense. Each day a violation is permitted to exist shall constitute a separate offense.
(Ordinance 1991-2 adopted 3/12/91)
The current Subdivision Ordinance is hereby amended to adopt the following procedures for handling of plats and plans which shall override current procedures set out in Article III, to the extent there is conflict and such general procedures are effective as of September 1, 2019:
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: (i) 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 (ii) 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 before first obtaining all of the City approvals required by this Ordinance.
C. 
Pre-Development Meeting.
The Applicant is required to attend a pre-development meeting with city staff to help familiarize the Applicant with applicable codes and regulations before submission of the first plat or plan Application. The City Manager/City Administrator or designee may waive this requirement if they deem that the meeting is not necessary.
D. 
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.
E. 
Submittal Schedule.
The City Staff shall prepare an Application 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.
F. 
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.
G. 
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 (g). 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:
a. 
Required Number of Copies.
The required number of copies of Applications and its components, having the form and content specified in this chapter for the plat package shall be as follows: 8 Copies.
b. 
Concept Plan.
In addition to the items required on the Concept Plan Application and checklist: Variances, TIA’s, Water/Wastewater Capacity Studies, Electrical Engineered Location and Capacity Study[.]
c. 
Preliminary Plan.
In addition to the items required on the Preliminary Plat Application and checklist, Applicant shall be informed of any additional requirements other than what is set out in the City’s Subdivision Ordinance at the time of application.
d. 
Replat Application.
In addition to the items required on the Preliminary Plat Application and checklist, Applicant shall be informed of any additional requirements other than what is set out in the City’s Subdivision Ordinance at the time of application.
e. 
Construction Plans.
In addition to the items required on the Construction Plan Application and checklist, the following must be reviewed and approved prior to the submittal of the Construction Plan Application and submitted with the Application in order for it to be accepted as complete, unless the City Staff determines that one of the items is either not needed or may be reviewed concurrently to process the Construction Plan Application: Applicant shall be informed of any additional items or requirements other than what is set out in the Subdivision Ordinance at the time of application.
H. 
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.
I. 
Resubmittal Applications.
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.
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 subsection (o) below.
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 subsection (o) below.
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 Application to comply with applicable city regulations.
2. 
The Planning Department 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 re-submitted 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 Code 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. 
Requests for Extension of Approval Deadline or Waivers of Procedures.
1. 
The Applicant may request an extension of the thirty (30) day approval deadlines set forth in this Ordinance by requesting an extension on the Application form. The extension request will be considered by the Municipal Authority responsible for approving the particular Plan or Plat Application. Approval of an extension request will extend the deadline for approval of a Plan or Plat by thirty (30) days.
2. 
The Applicant may also request in writing the waiver of a deadline or procedure set forth in this Ordinance. If approved by the Municipal Authority, the waiver shall be documented by letter agreement or other form of agreement approved by the Municipal Authority.
P. 
Conditions for Issuing a Building Permit, Issuing a Site Development Permit, or Accepting Improvements.
No improvements to be accepted by the City for ownership, maintenance and operation shall be accepted; no building permit shall be issued for any new structure or change, improvement or alteration of any existing structure, on any lot or tract of land; no site development permit shall be issued for any lot or tract of land; and no municipal utility service will be furnished to such lot or tract which does not comply with the provisions of this Ordinance and all applicable provisions of the City’s Ordinances, except as herein exempted or specifically exempted by the City Council or upon the written Application and approval of a variance. Every official and employee of the city vested with the duty or authority to issue an approval, permit or certificate shall not issue an approval, permit or certificate for any Application, plan, plat, use, building, improvement, or purpose that conflicts with any provision of this Ordinance. Any approval, permit, or certificate issued in conflict with the provisions of this Ordinance shall be null and void.
Q. 
Notification and Public Hearing.
The notification provisions of this subsection apply to replat Applications that were limited by the following during the past five (5) years: interim or permanent zoning classification for a residential use not more than two (2) residential units per lot; or limited by deed restrictions to residential use for not more than two (2) residential units per lot. All owners of property (as determined by the most recent municipal tax rolls from the County Appraisal District), any part of which is located within two hundred (200) feet of the perimeter of the land to be developed, shall be notified by mail.
1. 
The Applicant shall post signs along contiguous rights-of-way at each corner of the development and at intervals that do not exceed three hundred (300) feet between said corners. Signs must be in accordance with the City Standard Details and Specifications. Signs must be posted at least 15 days before the first public hearing, but shall not be posted more than 30 days in advance of the first public hearing.
2. 
The City shall mail public notification forms, postmarked not fewer than fifteen (15) days prior to the appropriate Commission hearing, to the owners of all property, any part of which is located within two hundred (200) feet of the perimeter of the property included within the Concept Plan.
(Ordinance 2019-09, sec. 3, adopted 10/8/19)