§ 159.067. PERMITS GENERALLY; PLATS.  


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  • (A) Records. The City Clerk shall maintain a record of all permits issued including information on the use, locations, conditions imposed, time limits, review dates, and such other information as may be appropriate. Planned unit development permits granted shall be clearly noted on the city zoning map and shall be recorded with the Washington County Recorder or Registrar of Titles.
    (B) Certification of plans required. Any plan submitted shall be certified as follows:
    (1) Mechanical systems, electrical systems and all structural systems shall be designed and certified by a registered professional engineer; and
    (2) All building and site plans shall be designed and certified by a registered architect or registered engineer. The site plans may be prepared by a professional site planner, but a registered architect or engineer must certify that the architect or engineer has reviewed the site and designed the proposed buildings in accordance with the site plans, the terrain and neighboring conditions, and in accordance with the Building Code.
    (C) Time limits. No application which was subsequently denied shall be resubmitted for a period of 6 months from the date of the order of denial. If a time limit or periodic review is included as a condition by which a permit is granted, the permit shall be reviewed by the Planning Commission at the specified time, at a public hearing, with notice of the hearing published at least 10 days prior to the review. It shall be the responsibility of the City Clerk or Zoning Administrator to schedule the public hearings and the permittee shall be required to pay for the review.
    (D) Bonding to assure conformance to general plan of development and agreements. To assure that any improvements specified as part of the general plan of development (or necessary as a prerequisite to a utility release) are completed under the terms of the plan or each phase as outlined in the construction order component or in any agreements executed according to the provisions of this chapter, the applicant shall post a cash bond, letter of credit, or other adequate security guaranteeing the faithful performance of work or agreements, and the payment of any costs in an amount set by the City Council not to exceed 120% of the expected cost of improvements including engineering and administration. Furthermore, prior to certification of the site plans required by this chapter, the City Council shall also determine the amount of cash bond, letter of credit, or other adequate security as required by this chapter. The cash bond, letter of credit, or other adequate security shall cover each separate facility, landscaping or utility as required as part of each phase of development, as the case may be; provided, however, that part of the cash bond, letter of credit, or other security may be released when any specific part of each phase is completed.
    (E) Effect of minimum area requirements on conveyed lots or building sites. In the event any real property in the approved permit is conveyed in total or in part, the buyers thereof shall be bound by the provisions of the planned unit development permit and the general development plan constituting a part thereof; provided, however, that nothing herein shall be construed to create nonconforming lots, building sites, buildings, or uses by virtue of any such conveyance of a lot, building site or part of the development created pursuant to and in conformance with the planned unit development permit. Subsequent structural additions or alterations may be made provided the provisions of the planned unit development permit, this chapter, and other applicable ordinances are adhered to.
    (F) Final plat. Unless the requirement for a final plat be waived, all applications for a planned unit development permit shall be required to file with the Washington County Recorder of Deeds and Registrar of Titles a plat of the planned unit development complying with all of the requirements of the Subdivision Ordinance, except to the extent that the City Council may have given specific permission to the effect that specific portions of the Subdivision Ordinance need not be complied with. Such required plats shall contain on their face a cross-reference to the final approved planned unit development permit (and general plan of development made a part thereof) on file and shall be filed within 120 days after the date of the action giving final approval to the planned unit development permit.
    (G) Private streets. Whenever it does not contradict the provisions of the city ordinance relating to land use, subdivision and development, including the provisions of this chapter as it relates to an adopted transportation plan or the protection of opportunities for reasonable development of surrounding land adjacent to a development proposed in a planned unit development application, streets which are intended to be kept continuously closed to public travel or are at all times posted as private streets, may with the permission of the City Council be retained as private streets and so reflected upon the final plat made a part of the planned unit development permit; provided an agreement is entered into between the owner of the private streets and the city assuring that the construction, operation, and maintenance of the streets will be accomplished in accordance with approved standards.
    (H) Staged developments. It is recognized that certain planned unit development permits may involve construction over a long period of time. If it is proposed to develop a project during a period which will exceed 2 years, the applicant may request permission to submit detailed information respecting only the first stage or stages of the project. If permission pursuant to such a request is granted, a separate public hearing shall nevertheless be required, respecting each successive stage of the project as the same is reached, and detailed plans shall be submitted in accordance with the approved construction order component forming a part of the planned unit development permit.
    (Prior Code, Ch. 300 § 507.08)