§ 98-1. Development order.

(a)

Generally. No development activity shall be undertaken unless the activity is authorized by a development order reflecting conformance with the requirements of this land development code. A development order shall be issued by the city only after the approval of conceptual or final development plans, as required by the land development regulations. A development order allows for the initiation of development activities, including land clearing, site preparation, utility construction, road construction, and building construction or for the rezoning of land to PUD.

(b)

Exemptions to the requirements for a development order. A development order is not required for the following activities, when the proposed development otherwise conforms to the standards and permitting requirements of the city land development regulations:

(1)

The construction or alteration of a one-family or two-family dwelling on a lot of record as of the date of adoption of this land development code, or lot created under the terms of the land development code.

(2)

The construction of an accessory structure on a previously developed single-family lot.

(3)

The alteration of an existing structure which does not enlarge the effective size or capacity of the structure.

(4)

The demolition of a structure.

(5)

The resurfacing of a vehicle use area.

(c)

Contents. A development order shall include the following:

(1)

The name of the proposed development, the legal description of the property, and, where appropriate, its street address.

(2)

The approved development plans which show the proposed development activity.

(3)

The name of the project engineer, date of the approved plans, and the latest revision number on the plans.

(4)

Reference to any development agreements or other legal documents that are a part of, or control, the proposed development.

(5)

Any special conditions of the development approval, such as off-site improvements, phasing, or other actions or events required prior to the issuance of building permits or certificates of occupancy.

(6)

The issuance and expiration dates of the development order.

(7)

Any approved permit packages from other agencies with jurisdiction.

(d)

Conditions of issuance. All development orders are issued contingent upon the following:

(1)

The accuracy of information provided in the development plans and associated documents. Inaccuracies that affect compliance with the city Code, or the soundness of engineering design are grounds, in the city's discretion, to void a development order.

(2)

Copies of all permits from federal, state, and regional or county agencies with jurisdiction over any portion of the proposed development shall be presented to the city prior to the issuance of a development order. The city mayor or designee may issue limited permits for activities not related to outstanding agency permits, unless there is reason to believe that such permits may not be forthcoming or may substantially deviate from the approved plans.

(3)

The clarification of discrepancies within the approved plans or associated documents. Where there are contradictions or discrepancies, the city may require their correction based on the requirements of this land development code, and as appropriate to the internal consistency of the documents.

(e)

Expiration of a development order. All development orders shall have a clearly noted expiration date. Construction must begin prior to this date. Expiration dates shall be determined as stated in the individual chapters of this subpart B, except that:

(1)

Improvement plan (a/k/a construction plan) approval for subdivisions and PUDs shall expire after 24 months from the date of issuance if no final plat of a phase, for phased developments, or of the total project for a single phase development has been recorded.

(2)

Site development plan approval shall expire one year from the date of issuance. (See extension policy in subsection (f) of this section.)

(3)

Conceptual plans for PUD zoning approvals shall expire based on the terms of the approved development agreement and any phasing plan therein.

(f)

Extension of expiration date. The expiration date for a development order may be extended only as stated under the specific regulations in the chapters of this subpart B relating to the individual type of development or situation.

(g)

Modification of a development order. Modifications to development orders shall be as stated in the specific regulations in the chapters of this subpart B relating to the individual type of development or situation.

(LDC 1997, ch. 4, § 1.03; Ord. No. 2009-23, § 1, 12-1-2009)