(a) Approval required. The planning commission may not approve a preliminary or final subdivision plat, or site plan that does not meet the requirements for adequate public facilities set forth in sections 4-8 through 4-12 of this chapter.
(b) Previously-approved plans. Except as provided in section 4-5, the planning commission may not approve an application for revision or extension of a previously-approved preliminary or final subdivision plat, or site plan resulting in an increase in density or intensity of use unless the requirements of sections 4-8 through 4-12 of this chapter have been met.
(c) Approval period. Any certificate of adequate public facilities (CAPF), once issued in accordance with this chapter, is valid for the following time period, starting from the effective date of the water contract for the preliminary or final subdivision plat, or site plan indicating sufficient allocation has been received for construction to commence, as long as all other conditions of the preliminary or final subdivision plat, or site plan approval remain valid.
(1) Residential preliminary or final subdivision plats/final site plans.

(2) Nonresidential preliminary or final subdivision plats/final site plans.

(3) The planning commission shall, at the request of the developer, extend the time periods specified in this subsection for the period of time during which (A) a moratorium is in effect; or (B) the developer is unable to record a plat or obtain a building permit because of the application of the city’s water and sewer regulations.
(4) The approval period for a mixed use project is determined according to the applicable period for a residential preliminary or final subdivision plat/final site plan or a nonresidential preliminary or final subdivision plat/final site plan, whichever is longer.
(d) Reduction in time. At the request of the developer, the planning commission may approve adequate public facilities for a preliminary or final subdivision plat, or site plan for a shorter time period than the one specified in section 4-6(c), but in no case for less than one year.
(e) Concurrent approvals. If a developer is seeking concurrent preliminary or final subdivision and site plan approval, the adequate public facilities testing is required as part of the preliminary or final subdivision approval. Planning commission approval will be conditioned upon the placement of a note on the preliminary or final subdivision plat and the site plan specifying approved use.
(f) Extension. At the request of the developer, the planning commission may extend the approval of adequate public facilities testing beyond the time period provided in section 4-6(c) upon finding that:
(1) All conditions of approval are being met;
(2) All provisions associated with the certificates of adequate public facilities for water line capacity, sewer line capacity, roads, and schools (CAPF-WL, CAPF-SL, CAPF-R, and CAPF-SCH) remain valid;
(3) All unrecorded lots or unbuilt site plan structures are either vested in accordance with the mitigation plans associated with the CAPF-WL, CAPF-SL, CAPF-R, or CAPF-SCH, or meet the requirements for adequate water line capacity, sewer line capacity, roads, and schools; and
(4) Sufficient public water treatment and sewer basin capacity are available for the development project to proceed.
(g) Phasing limitations. The planning commission may extend the approval periods beyond those periods specified in section 4-6(c) if required phasing limitations warrant such an extension.
(h) Expiration of preliminary subdivision plat approval. If preliminary subdivision plat approval expires or is voided prior to the recording of all lots, the planning commission may not approve a preliminary or final subdivision plat for the unrecorded lots until the requirements of this chapter have been met.
(i) Expiration of site plan approval. If site plan approval expires or is voided before the development is completely built, the planning commission may not reapprove the site plan for the unbuilt portion until the requirements of this chapter have been met.
(j) Retesting. A development project that receives CAPF approval at the time of preliminary or final subdivision plat approval will not be subject to adequate public facilities testing at the site plan approval stage provided that the CAPF approval remains valid and that the site plan does not propose an increase in the density or intensity of use. (Ord. No. G-07-6, § 1, 3-22-07; Ord. No. G-07-19, § 1, 9-6-07)