Chapter 18.215


18.215.010    Purpose and objective.

18.215.020    Approval required.

18.215.030    Site plan development standards.

18.215.040    Special provisions.

18.215.050    Application.

18.215.060    Issuance of building permit.

18.215.070    Issuance of a certificate of occupancy.

18.215.080    Failure to begin and complete development.

18.215.090    Geographic information system.

18.215.100    Appeals.

18.215.010 Purpose and objective.

A design review procedure is established in order to encourage adequate advance planning and thereby assure a good quality of environment for the city. Such procedure is intended to provide for orderly, harmonious, safe and functionally efficient development, and thus for the stability of property values and the general welfare of the community. It is not the purpose of this chapter to so rigidly control design so as to stifle creativity or individual expression, or to cause substantial, unnecessary expense; rather, any control exercised is intended to be the minimum necessary to efficiently achieve the objectives stated above. [Ord. 15-23 § 1 (Exh. A); Ord. 2-17-98-2 § 1 (Exh. A). Code 1997 § 12-310-010.]

18.215.020 Approval required.

Site plan approval shall be required for all class A developments that contain the following uses, together with any others for which it is required elsewhere in this code:

(1) Any industrial use.

(2) Any commercial use.

(3) Any institutional use.

(4) Any multiple-unit residential development. [Ord. 15-23 § 1 (Exh. A); Ord. 2-17-98-2 § 1 (Exh. A). Code 1997 § 12-310-020.]

18.215.030 Site plan development standards.

The following are standards required for all commercial buildings in any zoning district:

(1) Site Plan Standards. The entire parcel area shall be built upon, landscaped or paved in accordance with the zone district’s open space and parking requirements.

(2) Architectural Standards.

(a) Turn-of-the-Century Theme. All commercial development proposed east of 2700 West Street, including office, hotel and retail, shall uphold the turn-of-the-century theme, as adopted in the Riverton City commercial district master plan, in the architectural consideration of the development. This includes those zones designated as C-N, C-D, C-G and C-PO.

(b) Mechanical Equipment. All mechanical equipment shall be located or screened and/or other measures taken so as not to be visible from any public or private street. Screens shall be aesthetically incorporated into the design of the building whether located on the ground or roof. Rooftops of buildings shall be free of any mechanical equipment unless completely screened from all horizontal points of view. Screening materials shall conform to the color scheme of the primary building. Measures taken to shield mechanical equipment from view, other than screening, must be approved by the planning commission.

(c) Windows. Windows, other than rectangular windows, may be used as accents and trim. Untreated aluminum or metal window frames are prohibited. Buildings, where tinted glass or windows occupy more than 30 percent of the total surface area, shall be considered a major color.

(d) Building Lighting. Plans for exterior building lighting shall be approved as part of the site plan approval. Building lighting shall be shielded and directed downward so that the light source is not visible from beyond the property where the structure is located. Lighting shall not project above or beyond the property line.

(e) Trash Enclosures, Storage Areas, and External Structures. Trash enclosures, storage areas, and other external structures shall be screened by landscaping, fencing, berms or other devices integral to overall site and building design. Trash and storage areas shall be comparable to the proposed or existing building and with surrounding structures. These areas shall be well maintained and oriented away from public view. The consolidation of trash areas between businesses and the use of modern disposal and recycling techniques are encouraged. Chain link fences and fencing with vinyl slats are prohibited.

(f) Prohibited Buildings and Materials.

(i) Temporary Buildings. Temporary buildings shall not be permitted if they do not have prior approval by the planning commission.

(ii) Prohibited Materials. Precast cement walls for developments are only acceptable if covered by brick, brick veneer, approved stone/rock or an approved masonry component. Such types of walls are also acceptable where the brick, stone/rock or approved masonry are integrated into the exterior side of the wall. Exceptions are given to areas not normally visible to public streets, parking areas or public access areas.

Concrete block buildings may be allowed, but must be of quality design (such as combinations of split-face block and standard block), and must receive approval by the planning commission. This type of building shall be limited to the C-R, C-N, and M-1 zones only.

Prohibited siding materials, that are both aesthetically and functionally unsuitable because of use and climate, include: thick shake shingles, rustic frontier wood siding, plastic and vinyl siding, plywood or glass.

(3) Landscape Guidelines. Landscape guidelines are established to maintain the site qualities that exist in all commercial zones and minimize alteration, removal, or degradation of landscaping.

(a) Landscape Planting Plan. All commercial and multi-unit developments shall be required to submit a landscape plan prepared by a professional licensed landscape architect.

(b) Installation Period. All yards or lots on commercial sites shall be planted and maintained in lawns, trees, or other plantings or landscaped features, except for yard areas covered by walls, driveways, parking lots and structures and working areas. Such landscaping shall be completed at the time of the final building inspection. However, in the case of special exception or inclement weather, the developer may escrow for the cost of landscaping, the amount to be determined by the city engineer. In no case shall yards be maintained in artificial plantings, or more than 10 percent of the yard as crushed rock.

(c) Parking in Landscaped Areas. Temporary or permanent parking within any required landscaped area, either for special sale or promotion, is prohibited.

(d) Minimum Landscaping Components. Landscaping for commercial sites shall require a combination of sod (grass), trees, shrubbery, decorative rock or an approved ground cover that is low-maintenance and drought-resistant. The use of sod as a ground cover shall be limited to 70 percent of the total landscaped area. The remaining ground cover may be that which is listed above. All landscaped areas shall be maintained frequently by the property owner. Landscaped areas shall be irrigated by an irrigation system, which shall be shown as part of the landscape planting plan, and approved by the planning commission.

Tree types and species shall be in compliance with the recommended tree species list for Riverton City. However, tree species not on the said list may be used if approved by the parks superintendent. All tree species and sizes shall reviewed by the parks superintendent and the planning department.

(i) A minimum of 20 trees per acre shall be planted and maintained.

(ii) Trees shall be a minimum of one-and-one-half-inch caliper to two-inch caliper or, if evergreen, seven feet to nine feet in height.

(iii) Where possible, a 60/40 mix of deciduous and evergreen tree species shall be used for on-site landscaping. The planning commission may require specific types of deciduous trees for spring and fall coloring.

(iv) Street trees with a minimum one-and-one-half-inch caliper shall be installed along all public rights-of-way in the required park strip, by the developer of the property. The species type, location, and spacing of trees shall be as shown on the approved landscape planting plan, in compliance with designated streets within any city streetscape plans or according to the Riverton City standards and specifications for irrigation and planting of streetscapes. Such trees shall be placed at intervals of no less than 25 feet.

(e) Vegetation Removal and Tree Preservation. Every effort to save all quality full-size existing trees on a property proposed for development shall be made by the developer. All existing trees over 10 inches in caliper, along with tree types and tree locations, shall be shown and submitted to the planning commission along with the landscape planting plan.

Trees that are removed with or without good cause shall be replaced at the developer or owner’s expense with trees of a two-inch caliper or greater, in compliance with the city’s streetscape plan, unless otherwise approved by the planning department.

(f) Internal Circulation Roads. Internal circulation roads shall be landscaped with street trees and street-side planters. The streetscape planting shall be consistent throughout the park to provide a unifying landscape theme. Details for these areas shall be submitted with the landscape plan.

(g) Other Landscaping Regulations. In cases where a building(s) is set back from any street, and parking is contained in the front or the side of a building(s), a landscaped strip of no less than 10 feet wide shall be placed between the sidewalk and the parking lot. Trees as approved by the city shall be placed in the strip and spaced at no less than 30-foot intervals.

(4) Parking Lot and Street Lighting. All parking lot light fixtures shall be installed to prevent light glare from adversely affecting adjacent properties. Pole-mounted fixtures are required. Lighting of all pedestrian pathways is recommended.

Lighting will be judged as to how adequately it meets its intended purpose. Design and location of standards and fixtures shall be specified on the site development drawings. Intensities shall be controlled so that neighboring areas will not be adversely affected by glare or excessive direct light. All street lights and interior parking lot lights shall meet the adopted Riverton City design standards for lighting, and the adopted Street Lighting Policy within the Riverton City Standards and Specifications Manual.

(5) Buffering/Screening Requirements. Any commercial lot that abuts a residential or agricultural use shall be effectively screened by a combination of a wall, fencing, and landscaping of acceptable design. Fencing shall comply with Chapter 18.155 RCC, Fencing, including RCC 18.155.080, Nonresidential fencing. Such wall, fence and landscaping shall be maintained in good condition with no advertising thereon. All developments shall have a minimum number of both deciduous and evergreen trees to provide for shade and visual relief.

(6) Access Requirements.

(a) Access onto a Public Street. Access onto public rights-of-way shall not be closer than 100 feet from an intersection, nor another driveway on the same side of the street. When a parcel has less than 200 feet of frontage on a public right-of-way, then all necessary efforts shall be made to work collaboratively with adjacent property owners to share a common ingress and egress straddling the common property line.

(b) Access Dimensions. For each commercial lot, access shall be provided and shall meet the following requirements: each roadway shall not be more than 40 feet in width, measured at right angles to the centerline of the driveway, except as increased by permissible curb return radii. The entire flare of any return radii shall fall within the right-of-way.

(c) Interconnection. All parking and other vehicular use areas shall be interconnected with adjacent properties in order to allow maximum off-street vehicular circulation.

(d) Acceleration and Deceleration Lanes. Acceleration and deceleration lanes shall be required on major arterials when deemed necessary by the city engineer.

(7) Off-Street Truck Loading Space. Every building or structure built, remodeled or occupied after the effective date of the ordinance codified in this chapter for manufacturing, commercial trade, or other uses similarly involving the receipt or distribution by vehicles of materials or merchandise shall have provided and maintained on the building’s lot adequate space for standing, loading, and unloading of the vehicles in order to avoid undue interference with public use of streets or alleys. Such space, unless otherwise adequately provided for, shall include a minimum of 10 feet by 50 feet loading space with a minimum of 14 feet height clearance for every 20,000 square feet or fraction thereof in excess of 3,000 square feet of building floor used for the above-mentioned purposes, or for every 20,000 square feet or fraction thereof in excess of 3,000 square feet of land used for the above-mentioned purposes.

(8) Utilities. All utility lines shall be underground in designated easements. No pipe, conduit, cable, line for water, gas, sewage, drainage, steam, electricity or any other energy or service shall be installed or maintained upon any lot (outside of any building) above the surface of the ground except for hoses or movable pipes used for irrigation or other purpose during construction.

(a) Grouping and Screening. Transformers shall be grouped with other utility meters where possible and screened with vegetation or other appropriate method.

(b) Knowledge of Underground Utilities. Each contractor and owner/developer shall be responsible to know the whereabouts of all underground utilities. Protection of such utilities shall also be their responsibility.

(c) Blue Stakes. Prior to construction, contact must be made with Blue Stakes to identify underground utility lines.

(9) Grading and Drainage. Drainage from any lot must follow current Riverton City requirements to show on-site retention and a maximum allowable discharge of two-tenths cubic feet per second (cfs) per acre. Drainage shall not be allowed to flow upon adjoining lots unless an easement for such purpose has been granted by the owner of the lot upon which the water flows.

A site plan with grading, drainage, and clearing plans must be approved by the planning commission before any such activities may begin. Lot grading shall be kept to a minimum. Where possible, roads and development shall be designed for preservation of natural grade.

(10) Secondary Water System and Dedication of Water Shares. The developer(s) shall install or escrow for a secondary water system as per the secondary water master plan. The secondary water system shall meet all requirements and specifications as shall be recommended by the Riverton City Standards and Specifications Manual. In addition, the developer shall dedicate to the city secondary water shares in the amount of three acre-feet per developed acre or an amount comparable to the amount of landscaping within the site plan. This is calculated as one acre-foot of water per 10,000 square feet of landscaping. In the case where a site plan has less than 10,000 square feet of landscaping, the applicant may escrow for one-half acre-foot of water with the city to be purchased at a later date.

(11) Piping of Irrigation Ditches. All existing irrigation ditches located on the site or straddling a site property line shall be piped with a sufficient size pipe and shall be approved by the city engineer. [Ord. 15-23 § 1 (Exh. A); Ord. 15-02 § 1 (Exh. A); amended during 2011 recodification; Ord. 10-27-98-1 § 1 (Exh. A); Ord. 6-2-98-1L § 1 (Exh. A); Ord. 2-17-98-2 § 1 (Exh. A). Code 1997 § 12-310-030.]

18.215.040 Special provisions.

(1) Uses within Buildings. All uses established in any commercial zone shall be conducted entirely within a fully enclosed approved building, except those uses deemed by the city council in consideration of the prior recommendation of the planning commission to be customarily and appropriately conducted in the open. Uses that qualify for this exception are vegetation nurseries, home improvement centers with lumber and/or vegetation nurseries, and outdoor cafes or auto dealerships. Approved seasonal temporary uses, such as Christmas tree lots, shall be exempt from this requirement.

(2) Business Moving into Existing Buildings. New businesses moving into existing nonconforming buildings shall conform with the requirements of this chapter where possible.

(3) Nuisances. All commercial uses shall be free from objectionable odors, noises, hazards or other nuisances.

(4) Residential Conversions. No existing residential lot in any commercial or residential district may be used or converted into a commercial use unless all of the standards set forth herein are met, including parking regulations, setbacks, landscaping and architectural design. [Ord. 15-23 § 1 (Exh. A); amended during 2011 recodification; Ord. 2-17-98-2 § 1 (Exh. A). Code 1997 § 12-310-040.]

18.215.050 Application.

Application shall be made by the property owner or an authorized agent on a form prescribed for this purpose by the city. Applicants for development approval must provide complete and accurate information regarding the specific site and the proposed use on the application. No application shall be processed until it has been reviewed for completeness and accepted by the planning department. Incomplete applications shall not be processed under any circumstance.

(1) Preapplication Conference. Prior to a complete application, a preapplication conference shall be held between the applicant and the planning staff, once the applicant can provide the following:

(a) Concept plan fees.

(b) Site Analysis. A site analysis is a plan view drawing demonstrating land constraints and existing features. These existing conditions may consist of the presence of boulders, existing manmade features, significant trees, canals or ditches, access points or public rights-of-way and existing conditions within 200 feet from the property line.

(c) Conceptual Site Plan. A conceptual site plan may be a hand-drawn or preliminary drawing that will outline the building footprint, the area devoted to landscaping and the general concept of storm drainage.

(d) Conceptual elevations.

(e) Vicinity map.

(2) Accompanying Maps and Drawings Required. The information submitted with the application shall include five 24-inch by 36-inch copies and one 11-inch by 17-inch copy of the site plan, landscaping plan, elevation, and drainage plan, and shall indicate the following:

(a) Ownership Affidavit. Statement of ownership and control of the subject property and a statement describing the nature of the intended use.

(b) Vicinity Map. A general location map indicating the approximate location of the subject parcel.

(c) Context Plan. A context plan shall include the existing features within 200 feet of the proposed site plan property line. Existing features include but are not limited to buildings, ingress and egress points, landscaping areas, pedestrian paths and property names.

(d) Survey. A survey prepared and stamped by a Utah-registered land surveyor listing the metes and bounds legal description and the gross acreage within the subject parcel.

(e) Site Plan. A site plan is hereby required and shall be prepared and stamped by licensed and/or certified professionals including, but not limited to, architects, landscape architects, land planners, engineers, surveyors, transportation engineers or other professionals deemed necessary by the planning director. The city may require plans prepared by any or all of the above-noted professionals. A site plan shall contain the date, scale, north arrow and:

(i) Boundaries of the subject parcel and the entire parcel (where the project does not occupy the entire parcel of which it is part).

(ii) Existing streets, watercourses, easements and other rights-of-way, and section lines.

(iii) Locations, dimensions and uses and heights of all proposed buildings and structures, including overhangs, porches, stair wells, and balconies; and the locations of all structures on adjoining properties.

(iv) Access points, provisions for vehicular and pedestrian circulation on and off site, interconnection to adjacent sites, and dimensions of such access and circulation.

(v) Acceleration and deceleration lanes, and dimensions thereof, if required.

(vi) Off-street parking and loading areas complying with the city’s parking requirements, contained in Chapter 18.145 RCC.

(vii) Screening and buffering provisions, including types and heights of existing and proposed buffering and fencing elements.

(viii) Location and treatment of refuse collection areas, storage areas, mechanical equipment, and external structures.

(ix) Location and size of existing utilities and general location of utility access points and hookups.

(x) Location, type and size of all business and on-site circulation signage.

(xi) Tabulation of square footage devoted to various land uses, ground coverage by structures and other impervious surfaces.

(xii) Location of existing and proposed curb, gutter, sidewalk, park strip and edge of asphalt, to be prepared, signed and stamped by a registered engineer.

(xiii) Type of construction of all structures, presence or absence of fire sprinkling and location of existing and proposed fire hydrants.

(xiv) Location of all existing and proposed secondary irrigation systems, both on site and on adjacent properties, including but not limited to ditches, pipes, and culverts.

(xv) A statement on the site plan that all applicable elements of the Americans with Disabilities Act Accessibility Guidelines will be adhered to.

(xvi) The piping of all existing irrigation ditches which affect the site.

(xvii) The names of all adjacent property owners.

(f) Landscaping Plan. A landscaping plan, prepared and stamped by a licensed landscape architect, indicating the location, spacing, types and sizes of landscaping elements, existing trees (in accordance with RCC 18.215.030), and showing compliance with the city’s parking requirements, the city’s design guidelines and policies, and the requirements of this title.

(g) Grading and Drainage Plan. A grading and drainage plan which indicates the proposed grading and techniques for controlling and discharging drainage. The plan must include:

(i) Topographical plans showing existing grades and proposed grades and elevations.

(ii) Location and elevations of all existing and proposed drainage facilities within the subject parcel and the general vicinity within 100 feet of the site.

(iii) Retention areas and exfiltration systems.

(iv) Storm sewer piping and other appurtenances’ sizes and locations.

(v) Contour lines at one-foot intervals.

(vi) A note indicating that all storm drainage facilities will conform to the city’s construction standards and policies.

(h) Lighting Plan. Lighting plan which indicates the illumination of all interior areas and immediately adjoining streets showing the location, candle power and type of lighting proposed, and in conformance with Riverton City standards.

(i) Elevations. The elevations of all buildings, fences and other structures viewed from all sides indicating height of structures, the average finished grade of the site at the foundation area of all structures, percentage of building materials proposed, and color of all materials.

(j) Signage Plan. Where a master sign plan is proposed, applicant shall comply with the standards of RCC 18.150.050. All information to be provided for the sign permit shall be submitted concurrent with the site plan application materials.

(k) Traffic Impact Study. A traffic impact study (completed by a certified traffic engineer) may be required if it is estimated by the planning department that the project could generate trips for any given time period in excess of five percent of the existing volume of traffic on adjacent street systems. Said study shall include, but not be limited to, the following:

(i) An analysis of the average daily trips generated by the proposed project.

(ii) An analysis of the distribution of trips on city street systems.

(iii) A description of the type of traffic generated.

(l) Fee. The application for any site plan review shall be accompanied by a fee set by resolution of the city council.

(3) Public Notice. At least 10 days prior to the planning commission meeting at which the site plan is scheduled for review, the planning department shall mail to all owners of property located within 300 feet of the boundary of the proposed site plan a written notice of the time, date, and place where the planning commission will review and consider the site plan proposal. In addition, a notice shall be published at least one time in a newspaper of general circulation at least 10 days prior to the planning commission public hearing. The developer shall have the sole responsibility to provide properly addressed, stamped envelopes to the department including all property owners within 300 feet for mailing the required notice. The written notice shall also advise the property owner that he/she has the right to be present and the right to comment on the proposed site plan.

(4) Repealed by Ord. 15-23.

(5) Consideration in Review of Applications. The planning commission and the planning director shall review the application and consider the following matters, and others when applicable:

(a) Considerations Relating to Traffic Safety and Traffic Congestion.

(i) The effect of the site development plan on traffic conditions on adjacent street systems.

(ii) The layout of site with respect to location and dimensions of vehicular and pedestrian entrances, exits, driveways, and walkways.

(iii) The arrangement and adequacy of off-street parking facilities to prevent traffic congestion, and compliance with the provisions of Chapter 18.145 RCC, Automobile Parking.

(iv) The location, arrangement, and dimensions of truck loading and unloading facilities.

(v) The circulation patterns within the boundaries of the development.

(vi) The surfacing and lighting of off-street parking facilities.

(b) Consideration Relating to Outdoor Advertising. Compliance with the provisions of Chapter 18.150 RCC, Sign Regulation Ordinance.

(c) Consideration Relating to Landscaping.

(i) The location, height, and materials of walls, fences, hedges, and screen plantings to ensure harmony with adjacent development, or to conceal storage areas, utility installations, or other unsightly development.

(ii) The planting of ground cover or other surfaces to prevent dust and erosion.

(iii) The unnecessary destruction of existing healthy trees.

(d) Consideration Relating to Buildings and Site Layout.

(i) Consideration of the general silhouette and mass, including location on the site, elevations, and relation to natural plan coverage, all in relationship to the character of the neighborhood.

(ii) Consideration of exterior design in relation to adjoining structures in height, bulk, and area openings, breaks in facade facing on the street, line and pitch of roofs, and the arrangement of structures on the parcel. General compliance with the city’s architectural design standards shall be considered.

(e) Consideration Relating to Drainage. The effect of the site development plan on the adequacy of the storm and surface water drainage.

(f) Fire Flow Requirements. Insurance that adequate water pressure and fire flow can be provided to this site as required by all applicable provisions of the International Fire Code.

(g) Compliance. Consideration of the proposed project’s compliance with the city’s adopted general plan, this title, and all other adopted ordinances, policies and standards.

(6) Site Plan Application and Approval Process.

(a) Development Review Committee. All persons seeking site plan approval shall submit an application to the planning department for review by the city’s development review committee (DRC). The DRC shall be composed of representatives of all affected city departments or other agencies which the planning director deems affected by any proposed development. The purpose of this review shall be to acquaint the applicant with the substantive and procedural requirements of this chapter; to provide the applicant with information regarding applicable elements of the general plan and the city’s land development regulations; to provide such technical and design assistance as will aid the applicant, and to otherwise identify policies and regulations that create opportunities or pose significant constraints related to the proposed development. The information required for DRC review shall be established by the DRC and shall be contained on application forms and instruction materials prepared by the planning department. Upon review of all information submitted, the DRC shall make findings and recommendations to the applicant regarding any inadequacies or possible modifications which should be made to the proposal. The DRC shall produce a written report of findings and recommendations for the applicant.

(b) Planning Commission. Upon compliance with the development review committee’s recommendations, the revised application shall be forwarded to the planning commission for review and action. The planning commission shall review the application for compliance with the considerations listed in this chapter. The planning commission shall then make a finding of approval, approval with conditions, or disapproval, or action may be postponed in order to further study the application or request additional information.

(c) Engineered Drawings. Prior to being scheduled for any public meeting, the developer shall produce complete engineering drawings that shall receive engineering department and development review committee approval.

(d) Repealed by Ord. 15-23.

(e) Repealed by Ord. 15-23.

(f) Notification of Approval or Denial. Upon the granting or denying of a site plan application, the planning department shall prepare and mail or deliver to the applicant a written statement of the decision, and in the case of a denial, the reasons therefor.

(g) Master Site Plans. Where development proposals larger than five acres seek master site plan approval to proceed in phases, the developer will be required to submit two or more site plan applications. The first application shall be the master site plan which shall address the following issues for the entire site: land use, open space and landscaped areas, architectural guidelines, build-able square footage, parking requirements, access and circulation requirements, storm drainage and all preliminary calculations for infrastructure improvements and traffic impact mitigation related to a traffic impact study. The proposal and accompanying documents shall be reviewed using the same procedure as any site plan application, except that a development agreement may be prepared in advance of the planning commission public hearing, submitted to the planning commission for recommendation.

Each subsequent site plan application for each phase shall proceed much like a regular site plan application. At this level, the developer shall submit, in addition to the requirements of the master site plan, all other requirements for a normal site plan, as listed in this section, except the traffic impact study specified in subsection (2)(k) of this section if submitted in connection with a master site plan. In considering the matters specified in subsection (5) of this section, the city shall limit its review to the details submitted in connection with the application for the subsequent site plan. These shall be reviewed and redlines corrected before being scheduled for a planning commission meeting. [Ord. 15-23 § 1 (Exh. A); amended during 2011 recodification; Ord. 10-27-98-1 § 1 (Exh. A); Ord. 6-2-98-1L § 1 (Exh. A); Ord. 2-17-98-2 § 1 (Exh. A). Code 1997 § 12-310-050.]

18.215.060 Issuance of building permit.

Any building permit issued shall expressly require that development be undertaken and completed in conformity with the plans as approved by the city.

(1) Application Compliance. A building permit shall not be issued for any building or structure, external alterations thereto, or any sign or advertising structure until the provisions of this chapter have been complied with.

(2) Bonds. In order to assure that the development will be constructed to completion in an acceptable manner, the applicant (owner) shall enter into an agreement and provide an escrow deposit similar to the requirements applicable to subdivision. The agreement and escrow deposit shall assure timely construction and installation of all required public improvements, including, but not limited to: landscaping, flood control facilities, parking, street improvements and other improvements required for site plan approval. The applicant (owner) shall enter into an agreement and provide an escrow for 125 percent of the cost as estimated by the city engineer. The developer may request 80 percent of the amount to be released with authorization by the development review committee, when all line items are 100 percent complete and accepted by the city inspector. Ninety percent of the entire bond may be released when 100 percent of the site is complete, inspected, and accepted by the city and approved by the city council. The remaining 10 percent will be held to insure that the improvements shall be maintained in a state of good repair for a period of 24 months from the date of the 90 percent bond release by the city council. These funds will be released after inspection and acceptance by the city inspector and approval by the city council. [Ord. 15-23 § 1 (Exh. A); Ord. 9-26-06-1 § 1 (Exh. A); Ord. 2-17-98-2 § 1 (Exh. A). Code 1997 § 12-310-060.]

18.215.070 Issuance of a certificate of occupancy.

A certificate of occupancy shall not be issued for any building or structure, external alterations thereto, or any sign or advertising structure, until the provisions of the approved site plan and/or written development agreement(s) have been completed. [Ord. 15-23 § 1 (Exh. A); Ord. 2-17-98-2 § 1 (Exh. A). Code 1997 § 12-310-070.]

18.215.080 Failure to begin and complete development.

If no substantial construction has occurred in a development which has been granted site plan approval pursuant to this chapter within 12 months from the date of approval, the director of the planning department may revoke site plan approval. Extensions of time may be granted by the director when such extensions will promote public health, safety and general welfare. Said extension must be requested within 12 months of site plan approval and shall not exceed six months.

For developments that are subject to a master site plan, if the development agreement establishes the deadline for commencement of substantial construction, the provisions of the development agreement shall apply. [Ord. 15-23 § 1 (Exh. A); Ord. 2-17-98-2 § 1 (Exh. A). Code 1997 § 12-310-080.]

18.215.090 Geographic information system.

(1) Purpose. The requirements contained herein relate to the submission of data to the city for further development of the city’s geographic information system, in order to facilitate the planning and management of the city.

(2) Submission Requirements. At the time of the applicant’s 90 percent bond release, the applicant shall provide as-built drawings in formats described in subsection (4) of this section. If the applicant for the bond release is not the original applicant of record for a project, the applicant for the bond release shall still bear responsibility for submission of GIS data to the city as described herein. These drawings shall include the following:

(a) Roadway system (stop signs, stop lights, street signs, street lights, speed limit signs, centerlines, curb and gutter, sidewalks).

(b) Culinary water system (fire hydrants, water meters).

(c) Secondary water system (secondary water stop and wastes).

(d) Lots (closed boundary, lot number, lot size, address).

(e) Dedicated land (parks, trails).

(f) Landscape (trees).

(3) The city reserves the right to request further information as directed by the city engineer.

(4) Data Formats. Electronic data formats of data required by this section shall be submitted in a format acceptable to the city engineer.

(5) Construction Projects. Construction projects extending into the public right-of-way, where underground utilities could be identified, shall be required to submit geographic data on the utility or item in the aforementioned formats. The geographic data shall be submitted within 14 days of completion of the project. The city will not release any bonds associated with the project until the GIS data has been satisfactorily submitted. The utilities include, but are not limited to, gas lines, phone lines, water lines, secondary water lines, sewer lines, cable TV lines, fiber optic cables, power lines, storm drains, and irrigation items and ditches. The city reserves the right to request further information as directed by the city engineer.

(6) Exemptions. Construction projects limited to single service laterals are exempt.

Projects with an estimated cost of less than $50,000 may petition for an exemption with the city engineer prior to construction. [Ord. 15-23 § 1 (Exh. A); amended during 2011 recodification; Ord. 5-1-01-1 § 1 (Exh. C § 12-310-090-E). Code 1997 § 12-310-080-A.]

18.215.100 Appeals.

Appeals may be made to the board of adjustment from any interpretation of this title or any decision, determination or requirement of the planning commission, planning director, city engineer or public works director as it relates to any site plan application hereunder by filing with the city recorder a notice thereof in writing within 14 days after such a decision, determination or requirement is made. Such notice shall set forth in detail the action and grounds upon which the site plan applicant or other person deems himself or herself aggrieved. The applicant shall pay an appeal fee as provided in the city’s fee schedule.

The city recorder shall, within 15 days after receipt of a written notice of appeal, schedule the appeal for hearing before the board of adjustment. Said appeal shall occur within a reasonable time after the city recorder commences to schedule the appeal, after coordinating an acceptable date and time with the board of adjustment, the appellant, and a city representative. Such hearing may be continued by order of the board of adjustment. The appellant shall be notified of appeal hearing date at least seven days prior to the hearing. The board of adjustment shall notify the appellant in writing of its ruling. The filing of an appeal shall stay all proceedings and actions in furtherance of the matter appealed, pending a decision of the board of adjustment. The standard of review on appeal shall not be de novo, but shall be based on a review of the record to determine whether an appealable interpretation, decision, determination, or requirement is supported by ordinance and based upon substantial evidence. [Ord. 15-23 § 1 (Exh. A).]