Any prospective developer shall negotiate the terms of an incentive zoning agreement with the Zoning Administrator. The Zoning Administrator shall record the outcome of these negotiations, in writing, and present this proposal, along with any supporting documents, to the Planning Commission in order to secure its recommendation.

The Planning Commission may amend the terms presented in the proposal as it sees fit, and shall recommend the proposal (along with any amendments to it) to the City Council by a majority vote of those present and voting at a duly called and noticed meeting. The Planning Commission shall have 30 days from the date that it receives an incentive zoning proposal from the Zoning Administrator to recommend or reject it. If the Planning Commission fails to act, the proposal shall be deemed recommended and transmitted to the City Council for action.

If a proposal is recommended or deemed recommended, the City Council shall either approve or reject the proposal as written by a majority vote of Council members present and voting at a meeting of the City Council that has been duly called and noticed.

Planning staff shall give written notice to those persons who own property, any portion of which abuts the subject property, and all property which is across the street from any portion of the subject property as determined by the City's real property tax records. This notice shall give the date, time and place of the Planning Commission meeting at which the site plan is being reviewed, identify the property which is the subject of the application and give a brief description of the proposed action. This notice shall be mailed a minimum of 10 days prior to the date of the meeting of the Planning Commission at which the site plan is first considered. The list of property owners and the contents of the notice shall be approved by the Zoning Administrator prior to mailing.

Planning staff shall also place a sign provided by the City on the subject property which indicates that this action is pending. This sign shall be located to be clearly visible from the street.

Locations and design of vehicular entrances and exits in relation to streets giving access to the site and in relation to pedestrian traffic.

Locations and adequacy of automobile parking areas.

Adequate provision for traffic circulation and control within the site and provision for access to adjoining property.

Compliance with the requirements for setback and screening.

Adequacy of drainage, water supply, fire protection and sanitary sewer facilities.

Compliance with applicable established design criteria, construction standards and specifications for all improvements.

Approval by the City Health Officer or his agents if septic tank and other sewage disposal facilities other than sanitary sewers are involved.

Adequacy of proposed landscaping for softening the harsh visual effects of parking lots and for providing screening between the development and the street and surrounding lots.

Any street, curb, gutter, sidewalk, bicycle trail, drainage or sewerage system, waterline or any improvements dedicated for public use;

Erosion and sediment control measures and stormwater management facilities;

Any privately owned site-related improvements, including, but not limited to, fencing, landscaping, buffering, internal sidewalks, lighting, and paving as required by this chapter but not completed prior to issuance of a certificate of occupancy.

Other site-related improvements required by local or state ordinance.

A certified check or cash escrow in the amount of the estimated costs of construction;

A personal, corporate or property bond with surety in an amount sufficient for the construction of the proposed facilities, or a contract for the construction of such facilities and the contractor's bond, with like surety, in like amount;

A bank or saving institution's letter of credit on certain designated fund.

All surety consents have been acquired and approved by the City;

The owner has submitted an acceptable schedule for completion; and

Inspection of existing physical improvements is found to be satisfactory.

Upon completion of at least 30% of the improvements covered by a performance guarantee, the applicant may file a written request for partial release of such guarantee.

The Administrator shall act upon each written request for a periodic partial release within 30 days of receipt. The Administrator may inspect the facilities for conformance to the terms and conditions of the approved plan and specification for the facility.

If no action is taken by the Administrator during the thirty-day period, the request for partial release shall be deemed approved.

The Administrator shall have the authority to require that each request be accompanied by the certification of a professional licensed to make such determination that the required improvements are partially or finally completed in accordance with the approved plans and specifications.

Upon final completion of the facilities, the applicant may file a written request for final release of the performance guarantee. The Administrator may inspect the facilities for conformance with the terms and conditions of the approved plan and specifications for the facilities subject to the performance guarantee.

Landscaping performance guarantees. Once 90% of the landscaping has been installed, inspected and approved by the Administrator, 90% of the performance guarantee shall be released. The remaining 10% shall be held in escrow for a minimum of two years. The final 10% shall be released at the end of the two-year period upon inspection and approval by the Administrator.

Within 30 days of the receipt of the written request, the Administrator shall either accept the request and release the remaining guarantee or notify the applicant of specific defects or deficiencies and suggest corrective measures.

If the Administrator fails to act within the thirty-day period, the applicant may make an additional request, in writing, for final release, sent by certified mail to the City Manager. The City Manager shall act within 10 working days of receipt of this request. If no action is taken, the request shall be deemed approved and the final release granted to the applicant.

Final release of any performance guarantee for public facilities shall not occur prior to receipt of as-built plans demonstrating compliance with all City requirements.

The Administrator shall have the authority to require the request be accompanied by the certification of a professional licensed to make such determination that the required improvements are partially or finally completed in accordance with the approved plans and specifications.

Require recalculation and reassessment of security;

Draw or make demand on the owner or developer's security;

Contract for the completion of the work;

Enter the property for purposes of completing the work; and

Bring an action at law against the owner, developer, or surety.

All entities who construct public water or sewer lines, storm drainage systems, bike paths, sidewalks, trails or streets must submit an "as-built" set of construction drawings for approval as a part of the City's acceptance process.

Entities constructing any stormwater management facilities must submit a set of "as-built" construction drawings.

The initial submittal shall be three sets of "red-lined" marked up prints which should be delivered to City Hall. The submittal shall also include recorded copies of any public easements associated with the project.

The as-built drawings shall clearly show any changes or variations from the approved design. Horizontal variations greater than one foot should be shown dimensionally. Vertical elevation variations greater than two feet shall be provided for all shown design elevations. A benchmark elevation and benchmark description and location shall be provided on each plan sheet.

As-builts for a stormwater management facility shall also include the following:

Once the City has determined that the as-built information is satisfactorily shown, the design professional will be notified to submit plans for as-built approval. The as-built information shall preferably be shown on the original construction drawings (i.e., the original plans with the permit approval stamp and design professional seal). Placing as-built information upon a scanned image or other reproduction of the original construction drawings may be acceptable so long as the quality, integrity, and legibility of the original drawings are substantially preserved without undue compromise. The as-built plat set shall be submitted for signature and shall contain the same red-lined information as approved in the as-built review. A final, signed digital as-built submission shall be submitted along with one hard copy.