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(a) Plans Required. The applicant shall submit 10 copies of legible and complete site plans. The review period for a site plan shall be no greater than 21 calendar days from the date of submission. Deadlines set by the Planning Department shall not be altered, reduced or varied except under unusual circumstances. If a decision regarding the site plan is not rendered by the Planning Director within the 21-day review period, the site plan shall be deemed approved. Revised site plans shall be received from the applicant within 14 calendar days of receiving review comments or the site plan shall be considered withdrawn. Based upon the extent of revisions, a longer period may be granted by the Planning Director for the submission of revised plans.

(b) Fees. Every site plan submitted for review shall be accompanied by a filing fee as established in the comprehensive zoning regulations. If a site plan is withdrawn or denied, the review fee is not refundable.

(c) Review and Appeals. After the site plan, related materials, and fees have been submitted, they shall be reviewed by the Planning Department which shall coordinate the review with other affected City/County departments and divisions for conformity to these regulations and other applicable regulations. Based upon the recommendations of the reviewing agencies, the Planning Director may approve a site plan, and if approved, shall state the conditions of such approval, if any. If the site plan is disapproved, the reasons therefor shall be communicated in writing to the applicant. The Planning Director’s approval or disapproval of a site plan may be appealed to the Topeka Planning Commission. The appeal shall be filed with the Planning Department within 10 calendar days of such action. Such appeal will be considered at the next regularly scheduled meeting of the Commission.

(d) Revised Plans. If approved, the applicant shall make the necessary revisions, if any, and submit a final set of 10 site plans.

(e) Building Permits. A copy of the approved site plan shall be retained in the records of the Planning Department and all regulatory and occupancy permits shall conform to the provisions of said site plans.

(f) Amendments. Amendments or modifications to approved site plans shall be submitted to the Planning Department. Such amendments shall be required only when the amendment substantially changes the character and impact of the originally approved site plan. Such modifications shall be submitted in accordance with the procedures and requirements of these regulations and shall be distributed to the appropriate department for review.

(g) Time Limitation. An approved site plan shall become void unless a regulatory permit has been issued or use of the land has commenced within one year from the date of approval of this site plan. Upon request, revalidation of the site plan may be granted for an additional six months if all factors of the original site plan review are the same; provided, however, a written request for revalidation must be received by the Planning Director prior to expiration of the original one-year period.

(h) Penalties for Noncompliance. A stop work order shall be issued if any of the improvements required by the approved site plan are not constructed or installed during the development of the project. Certificates of occupancy will not be issued until the development is in full compliance with the approved site plan. A temporary certificate of occupancy may be issued where due to weather conditions required improvements cannot be constructed or installed. A temporary certificate of occupancy shall be issued for a period not to exceed six months.

(i) Presubmittal Meeting. Before filing an application for approval of a site plan, the developer is encouraged to confer with the Planning Department. Such action does not require formal application fees, or filing of a site plan or landscape plan, and is not to be construed as an application for formal approval. (Ord. 17913 § 4, 11-5-02. Code 1995 § 48-39.04.)

Cross References:Planning and Development Department, TMC 2.20.080.