Subdividers Ordinance

secret process or manufacturing procedure for a closely guarded proprietary compound or product to become public knowledge and be available to competitors. 3. The type and location of abatement devices to control, or recording instruments to measure conformance with required standards, not including devices and instruments that are inherent in the manufacturing process. 4. Such other data and certification as may reasonably be required by the Planning and Zoning Commission to reach a determination. 5. All information and evidence submitted in applications to indicate conformity to performance standards must constitute a certification and an agreement on the part of the applicant that the proposed use can and will conform to such standards at all times. D. Administrative Options The Planning and Zoning Commission may approve and authorize the establishment of the use, building, or structure if all pertinent provisions of this Ordinance and other applicable ordinances are complied with. If, however, the Planning and Zoning Commission determines that the proposed use, building, or structure may not comply with performance standards, they may inform the applicant that either more information is necessary or that an independent engineering analysis of the proposed use, building, or structure is required prior to final City Council approval. E. Need for Independent Engineering Analysis If the Planning and Zoning Commission determines that reason exists to doubt the compliance with any applicable performance standard provision, a state licensed professional engineer of the City’s choosing—but acceptable to the petitioner—may be asked to analyze the prospects of compliance. Costs of such analysis must be paid by the applicant. F. Use of Independent Engineering Analysis Upon submission of an independent engineering analysis authorized by the City, the Planning and Zoning Commission must authorize establishment of the use, building, or structure if the independent analysis confirms probable compliance with this provision and if all other applicable provisions of this and other City ordinances are satisfied. If, however, the independent engineering analysis indicates that the proposed use, building, or structure is not likely to comply with this provision, then the application must be denied until such time that the proposal is able to comply fully. G. Appeal of Administrative Determination Action, or a lack of action by the Planning and Zoning Commission, with reference to these performance standards may be appealed to the City of Tiffin Board of Adjustment. In instances when no action has been taken by the Planning and Zoning Commission within 120 days after formal filing of the application, the lack of action may be appealed to the City of Tiffin Board of Adjustment. 71 Adopted November 14, 2007