(A) All land use authorities of the town with the authority to issue approvals, permits or licenses required by this chapter shall require that such approvals, permits, or licenses conform to the provisions of this chapter and the town’s other land use ordinances, as may be applicable, and in effect when a land use application is determined to be complete and all fees have been paid, unless:
(1) The land use authority, on the record, finds that a compelling, countervailing public interest would be jeopardized by approving the application; or
(2) In the manner provided by this chapter and before the application is submitted, the town has formally initiated proceedings to amend its land use ordinances in a manner that would prohibit approval of the application as submitted.
(B) The town shall process an application without regard to proceedings initiated to amend the town’s land use ordinances if:
(1) One hundred and eighty calendar days have passed since the proceedings were initiated; and
(2) The proceedings have not resulted in an enactment that prohibits approval of the application, as submitted.
(C) If the land use application conforms fully to the requirements of this chapter and the town’s other land use ordinances, including this chapter, the land use application shall be approved.
(D) The town shall not impose on an applicant, or any holder of any approval required by this chapter, any requirement that is not expressed:
(1) In the approval required by this chapter, or in documents on which such approval is based; or
(2) In this chapter, or in the town’s other land use ordinances, including Ch. 152 of this code of ordinances.
(E) The town shall not withhold the issuance of a certificate of occupancy because of an applicant’s failure to comply with a requirement that is not expressed:
(1) In the building permit or in documents on which the building permit is based; or
(2) In this chapter, or the town’s other land use ordinances, including Ch. 152 of this code of ordinances.
(F) The town shall be bound by the terms and standards of this chapter and the town’s other land use ordinances, as applicable, and shall comply with all mandatory requirements and provisions of such ordinances.
(G) The town shall process and render a decision on each application required by this chapter with reasonable diligence.
(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 106)