Subdividers Ordinance

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 the establishment of the use, building, or structure, if all pertinent provisions of this Ordinance, and other applicable City ordinances are complied with. If the Planning and Zoning Commission determines that the proposed use, building or structure does 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 approval. E. Need for Independent Engineering Analysis If the Planning and Zoning Commission determines that reason exists to doubt compliance with any applicable performance standard provision , a professional engineer of the city’s choosing and acceptable to the petitioner may be asked to analyze the prospects for compliance. The cost of the 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 may 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 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 with the requirements. 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 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 Board of Adjustment. H. Continued Enforcement 1. The Planning and Zoning Commission must investigate any purported violation of performance standards. Uses, buildings, or structures lawfully established prior to the effective date of this Ordinance and subject to performance standards existing at that time may be found to be in violation with those previously applicable standards. Alleged violations may be brought to the Planning and Zoning Commission’s attention by anyone. If a violation is alleged and the Planning and Zoning Commission finds probable cause of a violation, the City must inform the suspected violator and the violator must initiate an independent engineering analysis within 14 days of notice by the City. Administrative determinations made in conjunction with the analysis may be appealed in the same manner as set forth in this Ordinance for appeals. 90 Adopted November 14, 2007