This section includes the review procedures, standards, and related information for each of the development application procedures as summarized in Table 2-1, Summary of Review and Approval Authority.
(D) Downzoning. No amendment to zoning regulations or a zoning map that downzones property in accordance with the definition of downzoning included in this ordinance and consistent with the definition provided in G.S. § 160D-601(d) shall be initiated nor is it enforceable without the written consent of all property owners whose property is the subject of the downzoning amendment, unless the downzoning amendment is initiated by the town.
(1) Applications for an amendment to the Official Zoning Map that are accompanied by applicant sponsored conditions or limitations shall be considered as a Conditional Zoning District classification, and shall be reviewed in accordance with this division and division 3.2.3, Conditional Zoning District Classification.
(2) In no case shall an application for an amendment to the Official Zoning Map be converted into an application for a Conditional Zoning District classification, nor shall an application for a Conditional Zoning District classification be converted into an application for an amendment to the Official Zoning Map. If such a conversion is desired by the applicant, he or she shall withdraw the original request and resubmit a new application and any required fees for the desired process.
(1) Preliminary procedures. The preliminary procedures and requirements for submission and review of an application are established in § 3.1, Common Review Procedures.
(2) Review and recommendation by Ordinance Administrator. Prior to the submission of the application to the Planning Board, the Ordinance Administrator shall review the application and make a written recommendation which he or she shall present to the Planning Board during the meeting at which it considers the application.
(i) During the meeting, the Planning Board shall consider the application, relevant supporting materials, the Ordinance Administrator’s recommendation, and any comments given by the public on the matter. Within 45 days of the first meeting on an application, the Planning Board shall make a written recommendation to the Town Council.
(iii) The Planning Board shall provide a written recommendation to the governing board that addresses plan consistency and other matters as deemed appropriate by the Planning Board, but a comment by the Planning Board that a proposed amendment is inconsistent with the comprehensive plan shall not preclude consideration or approval of the proposed amendment by the governing board.
(iv) If a zoning map amendment proposes to change the zoning designation of more than 50 properties, owned by at least 50 different property owners, and therefore qualifies as a large-scale rezoning under G.S. § 160D-602(b), the Planning Board statement describing plan consistency may address the overall rezoning and describe how the analysis and policies in the relevant adopted plans were considered in the recommendation made.
(4) Review and action by Town Council. Following the receipt of a recommendation from the Planning Board, the Town Council shall conduct a legislative hearing to review and consider the application, the relevant supporting materials, the Ordinance Administrator’s recommendation, the recommendation of the Planning Board, and the comments given during the hearing (if any). Following the close of the legislative hearing, the Town Council shall take one of the following actions:
(iii) If a zoning map amendment proposes to change the zoning designation of more than 50 properties, owned by at least 50 different property owners, and therefore qualifies as a large-scale rezoning under G.S. § 160D-602(b), the governing board statement describing plan consistency may address the overall rezoning and describe how the analysis and policies in the relevant adopted plans were considered in the action taken.
(ii) If a zoning map amendment proposes to change the zoning designation of more than 50 properties, owned by at least 50 different property owners, and therefore qualifies as a large-scale rezoning under G.S. § 160D-602(b), the governing board statement on reasonableness may address the overall rezoning.
(C) Initiation. An application to amend the text of the land development ordinance may be initiated by the Town Council, the Planning Board, the Ordinance Administrator, a resident of the town, or any other person having a financial or other interest in land located within the town’s zoning jurisdiction.
(1) Preliminary procedures. The preliminary procedures and requirements for submission and review of an application are established in § 3.1, Common Review Procedures.
(i) Following the review and recommendation by the Ordinance Administrator, the application shall be forwarded to the Planning Board for its review and recommendation. During the meeting, the Planning Board shall consider the application, relevant supporting materials, the Ordinance Administrator’s recommendation, and any comments given by the public on the matter. Within 45 days of the first meeting on an application, the Planning Board shall make a written recommendation to the Town Council.
(iii) The Planning Board shall provide a written recommendation to the governing board that addresses plan consistency and other matters as deemed appropriate by the Planning Board, but a comment by the Planning Board that a proposed amendment is inconsistent with the comprehensive plan shall not preclude consideration or approval of the proposed amendment by the governing board.
(4) Review and action by Town Council. Following the receipt of a recommendation from the Planning Board, the Town Council shall conduct a public hearing to review and consider the application, the relevant supporting materials, the Ordinance Administrator’s recommendation, the
recommendation of the Planning Board, and the comments given during the hearing (if any). Following the close of the public hearing, the Town Council shall take one of the following actions:
(E) Land development ordinance text amendment standards. Amending the text of the land development ordinance is a matter committed to the legislative discretion of the Town Council. In determining whether to approve or deny a proposed amendment, the Town Council shall consider and weigh the relevance of the following factors:
(A) Purpose. A Conditional Zoning District classification allows particular land uses to be established only in accordance with specific standards and conditions adopted as part of the establishment of the district. In cases where the standards of a Base Zoning District are inadequate to ensure the compatibility of a proposed development with immediately surrounding lands, the landowner may apply for an amendment to the Official Zoning Map to a Conditional Zoning District classification. Conditional Zoning Districts are subject to additional conditions or restrictions above and beyond the standards of
the parallel Base Zoning District as a means of ensuring compatibility of the proposed development with the use of neighboring lands.
(B) Procedure. Approval of a Conditional Zoning District classification shall require an amendment to the Official Zoning Map (using the procedures established in division 3.2.1, Zoning Map Amendment) accompanied by the submission of applicant sponsored conditions limiting the scope of the development proposal and a concept plan (reviewed in accordance with division 3.2.6(D)(3), Concept Plan - Conditional Zoning District classification).
(1) Preliminary procedures. The preliminary procedures and requirements for submission and review of an application are established in § 3.1, Common Review Procedures.
(2) Concept plan review by the Ordinance Administrator. Applications for a Conditional Zoning District classification shall be subject to review of a concept plan (see division 3.2.6, Concept Plan) by the Ordinance Administrator prior to the preparation of a staff report.
(3) Review and recommendation by the Planning Board. After the review of the concept plan and the preparation of a staff report, the application shall be referred to the Planning Board for review and recommendation. During the meeting, the Planning Board shall consider the application, the relevant supporting materials, the concept plan, the staff report, and the public comments given at the meeting. Within 45 days of the first meeting on an application, the Planning Board shall make a written recommendation to the Town Council. This shall include a plan consistency review following the procedures in § 3.2.1(F)(3).
(4) Review and action by Town Council. Following the receipt of a recommendation from the Planning Board, the Town Council shall hold a legislative hearing on the application. At the public hearing, the Town Council shall consider the application, the relevant supporting materials, the concept plan, the staff report, the recommendation of the Planning Board, and comments given at the public hearing (if any). After the close of the public hearing, the Town Council shall, by a simple majority of all members present and qualified to vote, approve, approve with conditions, or deny the application. This shall include a plan consistency review following the procedures in § 3.2.1(F)(5) and a reasonableness review following the procedures in § 3.2.1(F)(6).
(3) Unless consented to by the petitioner in writing, the town may not require, enforce, or incorporate into the zoning regulations any condition or requirement not authorized by otherwise applicable law, including, without limitation, taxes, impact fees, building design elements within the scope of G.S. § 160D-702(b), driveway-related improvements in excess of those allowed in G.S. §§ 136-18(29) and 160A-307, or other unauthorized limitations on the development or use of land.
(4) Conditions and site-specific standards imposed in a conditional district shall be limited to those that address the conformance of the development and use of the site to local government ordinances, plans adopted pursuant to G.S. § 160D-501, or the impacts reasonably expected to be generated by the development or use of the site.
(8) No changes in the concept plan or proposed conditions that are less restrictive than those in the application (e.g., smaller setbacks, more dwelling units, greater height, more access points, new uses, fewer improvements, and the like) shall be proposed by the applicant following public notification. Nothing in this division 3.2.3(C)(4) shall limit the application of new or more restrictive conditions after public notification, provided such conditions are received by the Ordinance Administrator in writing and signed by all owners of the property at least ten business days prior to the final decision on the application by the Town Council.
(9) In addition to any conditions proposed by the applicant, the Town Council may attach any additional conditions in accordance with division 3.1.23, Conditions of Approval (e.g., limitations on location, hours of operation, extent of the proposed uses, and the like), but the Town Council shall not attach a condition that requires a landowner to waive a vested right.
(D) Effect of approval. Lands subject to a Conditional Zoning District classification shall also be subject to the approved concept plan and approved conditions. The approved concept plan and conditions shall constitute the standards for the approved Conditional Zoning District, and are binding on the land as an amendment to this ordinance and the Official Zoning Map.
(F) Changes to an approved conditional zoning. The owners of individual parcels may apply for a minor deviation or an amendment so long as the change would not result in other properties failing to meet the terms of the conditions. Any approved changes shall only be applicable to those properties whose owners petitioned for the change.
For example, minor deviations shall include, but not be limited to, the following if they comply with the provisions in (G)(1), (G)(2), and (G)(3) in this subsection:
(I) Expiration. The Town Council may hold a public hearing in accordance with the zoning map amendment procedure in division 3.2.1 to abolish the Conditional Zoning District classification unless an application for a building permit (or other similar permit for uses which do not involve the construction of a structure) for any part of the associated concept plan is submitted within two years of the initial approval. Such time period shall not be extended with transfer of ownership.
(J) Extension. Upon written application by the owner, submitted at least 30 days prior to the expiration of the Conditional Zoning District classification, and in light of all relevant circumstances, including, but not limited to, extreme weather events, economic cycles, and market conditions, the Town Council may grant one extension, not to exceed six months, for an applicant to obtain a building permit (or other similar permit for uses which do not involve the construction of a structure). Failure to obtain a building permit (or other similar permit for uses which do not involve the construction of a structure) within the time established in the extension shall result in the expiration of the Conditional Zoning District classification.
(A) Purpose. Special uses are uses that are generally compatible with the other uses permitted in a zoning district, but require individual review of their location, design, configuration, density and intensity of use, and usually require the imposition of conditions to ensure the appropriateness of the use at a particular location.
(B) Authority. The Board of Adjustment is authorized to review and decide applications for special use permits in accordance with this section. Only those uses identified as special uses in Table 7-1, Table of Permitted Uses, are authorized to be considered as special uses under this section. The designation of a use as a special use does not constitute an authorization that such use shall be approved through a special use permit in accordance with this section. Rather, each proposed special use shall be evaluated by the Board of Adjustment for compliance with the standards set forth in this section and the applicable standards for the use in § 7.3, Use Specific Standards (if applicable).
(C) Initiation. Application for a special use permit may only be initiated by the owner(s), an authorized agent, lessee, or contract purchaser(s), of the property for which the special use permit is designated in accordance with division 3.1.1.
(1) Preliminary procedures. The preliminary procedures and requirements for submission and review of an application are established in § 3.1, Common Review Procedures.
(2) Concept plan required. A concept plan must be submitted as part of the application for a special use permit. The concept plan shall conform to the requirements set forth in division 3.2.6(E), Concept Plan Standards.
(3) Action by Board of Adjustment. After proper notice and scheduling of a public hearing following the procedures in §§ 3.1.12 and 3.1.13, the Board of Adjustment shall conduct a quasi-judicial public hearing on the application following the procedures in §§ 3.1.14 through 3.1.21. At the public hearing, the Board of Adjustment shall consider the application, the relevant supporting materials, the concept plan, and any evidence presented at the quasi-judicial public hearing. After the close of the public hearing, the Board of Adjustment shall approve, approve with conditions, or deny the application based on the standards in division 3.2.4(E), Special Use Permit Standards. In accordance with the standards set forth in G.S. § 160D-406(i), granting approval or conditional approval of a special use permit shall require an affirmative vote of the majority of the members of the Board of Adjustment who are eligible to vote.
(3) Conditions and safeguards imposed under this subsection shall not include requirements for which the local government does not have authority under statute to regulate nor requirements for which the courts have held to be unenforceable if imposed directly by the local government, including, without limitation, taxes, impact fees, building design elements within the scope of G.S. § 160D-702(b), driveway-related improvements in excess of those allowed in G.S. §§ 136-18(29) and 160A-307, or other unauthorized limitations on the development or use of land.
(G) Effect of approval. Issuance of a special use permit shall authorize only the particular special use that is approved in the permit. All subsequent development and use of the property must be in accordance with the approved special use permit and conditions (if applicable). Nothing in this division 3.2.4(G) shall prevent the establishment of a different use of land, provided such use is established in accordance with the requirements in this ordinance.
(I) Subsequent development. Development authorized by the special use permit shall not be carried out until the applicant has secured all other permits required by this ordinance. A special use permit does not ensure that the use shall receive subsequent approval for other applications for permit approval unless the relevant and applicable portions of this ordinance are met.
(1) General. The Board of Adjustment may prescribe a time limit within which development activity shall begin or be completed under the special use permit, or both. Failure to begin or complete such development activity within the time limit specified shall void the special use permit.
Unless specified otherwise by the Board of Adjustment, a special use permit shall automatically expire two years from the date of its issuance if:
(K) Extension. Upon written application submitted at least 30 days prior to the expiration of the permit period by the applicant, and in light of all relevant circumstances, including, but not limited to, extreme weather events, economic cycles, and market conditions, the Ordinance Administrator may grant one extension not to exceed six months. Failure to submit an application for an extension within the time limits established by this division shall result in the expiration of the special use permit.
For example, minor deviations shall include, but not be limited to, the following if they comply with the provisions in (L)(1), (L)(2) and (L)(3) in this subsection:
(2) If multiple parcels of land are subject to a special use permit, the owners of individual parcels may apply for a permit modification so long as the modification would not result in other properties failing to meet the terms of the special use permit or regulations. Any modifications approved apply only to those properties whose owners apply for the modification.
(A) Purpose. The purpose of a variance is to allow certain deviations from the standards of this ordinance (such as height, yard setback, lot coverage, or similar numeric standards), when the landowner demonstrates that, owing to special circumstances or conditions beyond the landowner’s control (such as exceptional topographical conditions, narrowness, shallowness, or the shape of a specific parcel of land), the literal application of the standards would result in undue and unique hardship to the landowner and the deviation would not be contrary to the public interest. Variances to the standards established in Article 15, Watershed Protection or Article 16, Flood Damage Prevention shall be subject to additional requirements as set forth in divisions 3.2.5(J) and 3.2.5(K) respectively.
(B) Authority. The Board of Adjustment shall review and decide any applications for variances from the requirements of this ordinance in accordance with this division 3.2.5.
(C) Initiation. Application for a variance may only be initiated by the owner(s), an authorized agent, lessee, or contract purchaser(s), of the property for which the variance is designated in accordance with division 3.1.1.
(1) Preliminary procedures. The preliminary procedures and requirements for submission and review of an application are established in § 3.1, Common Review Procedures.
(2) Action by Board of Adjustment. After appropriate notice has been given, the Board of Adjustment shall conduct a quasi-judicial hearing on the application. At the hearing, the Board of Adjustment shall consider the application, the relevant support materials and the sworn testimony given at the public hearing. Within a reasonable time following the close of the public hearing, the Board of Adjustment shall approve, approve with conditions, or deny the application based on the standards in division 3.2.5(E), Required Findings of Fact. In accordance with the standards set forth in G.S. § 160D-406, granting approval or conditional approval of a variance shall require an affirmative vote of at least four-fifths of the members of the Board of Adjustment who are eligible to vote.
(2) The hardship results from conditions that are peculiar to the property, such as location, size, or topography. A variance may be granted when necessary and appropriate to make a reasonable accommodation under the Federal Fair Housing Act for a person with a disability. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or the general public, may not be the basis for granting a variance.
(H) Subsequent development. Development authorized by the variance shall not be carried out until the applicant has secured all other permits required by this ordinance. A variance does not ensure that the use shall receive subsequent approval for other applications for permit approval unless the relevant and applicable portions of this ordinance are met.
(iv) If the Environmental Management Commission approves the major variance or approves with conditions or stipulations added, then the Environmental Management Commission shall prepare an Environmental Management Commission decision which authorizes the Board of Adjustment to issue a final decision which would include any conditions or stipulations added by the Environmental Management Commission.
(v) If the Environmental Management Commission denies the major variance, then the Environmental Management Commission shall prepare an Environmental Management Commission decision to be sent to the Board of Adjustment. The Board of Adjustment shall prepare a final decision denying the major variance.
(3) Variances for solid waste disposal facilities or sites, hazardous waste management facilities, salvage yards, and chemical storage facilities. A variance may be issued for solid waste disposal facilities or sites, hazardous waste management facilities, salvage yards, and chemical storage facilities that are located in Special Flood Hazard Areas provided that all of the following conditions are met:
(i) Any applicant to whom a floodplain variance is granted shall be given written notice specifying the difference between the base flood elevation (BFE) and the elevation to which the structure is to be built and that such construction below the base flood elevation increases risks to life and property, and that the issuance of a variance to construct a structure below the base flood elevation will result in increased premium rates for flood insurance up to $25 per $100 of insurance coverage. Such notification shall be maintained with a record of all floodplain variance actions, including justification for their issuance.
(A) Purpose. The purpose of this division 3.2.6 is to establish a procedure for the review of a concept plan by the Ordinance Administrator prior to the submittal of an application for site plan approval or subdivision preliminary plat approval, or as part of an application for a Conditional Zoning District classification, special use permit, or for a parcel in one of the Gateway Districts. The intent of the concept plan procedure is to allow the town to consider the general design and configuration of a development proposal, and any applicant sponsored conditions, for general compliance with the requirements of this ordinance prior to the consideration of a Conditional Zoning District classification or a special use permit by the bodies charged with their review and approval, or the preparation of highly technical and detailed engineered drawings required for a site plan or subdivision preliminary plat approval.
(1) Concept plans associated with an application for a site plan or subdivision preliminary plat approval shall be reviewed by the Ordinance Administrator, who shall provide written comments on the concept plan to the applicant. Once an applicant receives comments on a submitted concept plan, they may then proceed with the preparation of the site plan or subdivision preliminary plat.
(i) In the case of a Conditional Zoning District classification, the Ordinance Administrator shall provide his or her recommendation on the concept plan to the Planning Board, which shall consider the concept plan in making its own recommendation to the Town Council. Following a recommendation from the Planning Board, the Town Council may approve, approve with conditions, or deny approval of a concept plan associated with the application for Conditional Zoning District classification.
(ii) In the case of a special use permit, the Ordinance Administrator shall review the concept plan for conformance to the ordinance and forward his or her comments to the Board of Adjustment, which shall consider the concept plan as it makes its decision on approving, conditionally approving, or denying approval of the special use permit.
(3) Concept plans associated with an application for a site plan or subdivision preliminary plat in one of the Gateway Districts shall be considered as an applicant sponsored condition of approval. The Ordinance Administrator shall provide his or her recommendation on the concept plan to the Planning Board, which shall consider the concept plan in making its own recommendation to the Town Council. Following a recommendation from the Planning Board, the Town Council may approve, approve with conditions, or deny approval of a concept plan for development in any of the Gateway Districts.
(1) Preliminary procedures. The preliminary procedures for submission and review of a concept plan are established in § 3.1, Common Review Procedures.
(i) Review by Ordinance Administrator. In the case of a concept plan submitted for review in association with a site plan or subdivision preliminary plat, the Ordinance Administrator shall review the concept plan for compliance with the applicable standards set forth in the ordinance and division 3.2.6(E), Concept Plan Standards. Following his or her review, he or she shall submit his or her comments in writing to the applicant, who may then begin the preparation of the site plan or subdivision preliminary plat.
(i) Review and recommendation by Ordinance Administrator. In the case of a concept plan submitted in association with an application for Conditional Zoning District classification, the Ordinance Administrator shall review the concept plan for compliance with the applicable standards set forth in the ordinance and division 3.2.6(E), Concept Plan Standards, and prepare a staff report which he or she will forward to the Planning Board for consideration as it makes its recommendation on the Conditional Zoning District classification.
(ii) Review and recommendation by Planning Board. Following receipt of the staff report from the Ordinance Administrator, the Planning Board shall review and make a recommendation on the concept plan as part of the Conditional Zoning District classification process following the procedures in division 3.2.3(B)(3).
(iii) Review and action by Town Council. Following the receipt of a recommendation from the Planning Board, the Town Council shall review and make its decision on the concept plan as part of the Conditional Zoning District classification process following the procedures in division 3.2.3(B)(4).
(i) Review by Ordinance Administrator. In the case of a concept plan submitted in association with an application for a special use permit, the Ordinance Administrator shall review the
concept plan for compliance with the applicable standards set forth in the ordinance and division 3.2.6(E), Concept Plan Standards, and submit his or her comments to the Board of Adjustment for consideration as it makes its decision on the special use permit application.
(ii) Review and action by Board of Adjustment. Following the receipt of comments from the Ordinance Administrator, the Board of Adjustment shall review the concept plan as part of the special use permit application process following the procedures in division 3.2.4(D)(3).
(i) Review and recommendation by Ordinance Administrator. In the case of a concept plan submitted in association with an application for site plan or subdivision preliminary plat in a Gateway District, the Ordinance Administrator shall review the concept plan for compliance with the applicable standards set forth in the ordinance and division 3.2.6(E), Concept Plan Standards, and prepare a staff report which he or she will forward to the Planning Board for consideration as it makes its recommendation.
Concept plans associated with an application for a Conditional Zoning District classification to a Planned Unit Development District shall also include sufficient information to establish the development standards for the PUD as set forth in division 6.3.6. Concept plans associated with a site plan or subdivision preliminary plat for a parcel in any of the Gateway Districts shall also include sufficient information to establish the development standards as set forth in §§ 6.5 and 6.6.
For example, minor deviations shall include, but not be limited to, the following if they comply with the provisions in (G)(1), (G)(1), and (G)(1) in this subsection:
(B) Applicability. All development, unless exempted in accordance with division 3.2.7(C), Exemptions, shall be required to have a site plan approved in accordance with this division prior to the issuance of a land development permit.
(1) Preliminary procedures. The preliminary procedures and requirements for submission and review of a site plan are established in § 3.1, Common Review Procedures.
(2) Review of concept plan. The review of a concept plan, in accordance with division 3.2.6, shall be required prior to the consideration of a site plan.
(3) Review and decision by Ordinance Administrator. Following the review and approval of a concept plan, the applicant shall prepare a site plan that reflects the configuration and composition depicted in the concept plan. Following the submission of a site plan by an applicant, the Ordinance Administrator shall review and approve, approve with modifications, or deny approval of the site plan based on the standards in division 3.2.7(E), Site Plan Standards.
(E) Site plan standards. A site plan shall be approved only upon a finding that it adequately depicts the precise design, location, and profile of all structures, site features, and public facilities proposed for development, as well as all other technical considerations. In addition, the site plan shall demonstrate that all of the following standards are met:
(1) The use is allowed in the zoning district in accordance with Table 7-1, Table of Permitted Uses;
(G) Expiration. Site plan approval shall automatically expire at the end of two years following initial approval if a building permit has not been issued and construction pursuant to that permit has not commenced for at least one building in the proposed development. A change in ownership shall not affect this time frame.
For example, minor deviations shall include, but not be limited to, the following if they comply with the provisions in (H)(1), (H)(1), and (H)(1) in this subsection:
(A) Purpose. The purpose of this division is to set forth the procedures and requirements for the review and approval of a stormwater management permit that establishes compliance with the standards of § 15.2, Stormwater Requirements for New Development Implementing the Falls Lake Rules.
(B) Applicability. All land development activities must have an approved stormwater management permit unless specifically exempted by the development thresholds or general exemption established in division 15.2.4(E)(2). A permit may only be issued subsequent to a properly submitted and reviewed permit application.
(1) Preliminary procedures. The preliminary procedures and requirements for submission and review of a stormwater management permit application are established in § 3.1, Common Review Procedures.
(2) Review and decision by Ordinance Administrator. Following the submission of a complete stormwater management permit application, the Ordinance Administrator shall review and
approve, approve with modifications, or deny approval of the stormwater management permit based on the standards in division 3.2.8(E) Stormwater Management Permit Application.
Before a stormwater management permit application is deemed complete, the Ordinance Administrator or developer may request a consultation on a concept plan for the post-construction stormwater management system to be utilized in the proposed development project. This consultation meeting should take place at the time of the preliminary plan of subdivision or other early step in the development process. The purpose of this meeting is to discuss the stormwater management measures necessary for the proposed project, as well as to discuss and assess constraints, opportunities and potential approaches to stormwater management designs before formal site design engineering is commenced. Local watershed plans, open space plans, and other relevant resource protection plans should be consulted in the discussion of the concept plan.
To accomplish this goal, the following information should be included in the concept plan, which should be submitted in advance of the meeting:
(i) Existing conditions/proposed site plans. Existing conditions and proposed site layout sketch plans, which illustrate at a minimum: existing and proposed topography; perennial and intermittent streams; mapping of predominant soils from soil surveys (if available); stream and other buffers and features used in designing buffers and meeting any applicable buffer requirements; boundaries of existing predominant vegetation; proposed limits of clearing and grading; and location of existing and proposed roads, buildings, parking areas, and other impervious surfaces.
(ii) Natural resources inventory. A written or graphic inventory of natural resources at the site and surrounding area as it exists prior to the commencement of the project. This description should include a discussion of soil conditions, forest cover, geologic features, topography, wetlands, and native vegetative areas on the site, as well as the location and boundaries of other natural feature protection and conservation areas such as lakes, ponds, floodplains, stream buffers, and other setbacks (e.g., drinking water well setbacks, septic setbacks, and the like). Particular attention should be paid to environmentally sensitive features that provide particular opportunities or constraints for development and stormwater management.
(iii) Stormwater Management System Concept Plan. A written or graphic concept plan of the proposed post-development stormwater management system including: preliminary selection and location of proposed engineered stormwater controls; low-impact design elements; location of existing and proposed conveyance systems such as grass channels, swales, and storm drains; flow paths; location of floodplain/floodway limits; relationship of site to upstream and downstream properties and drainages; and preliminary location of any proposed stream channel modifications, such as bridge or culvert crossings.
(E) Stormwater management permit application. The stormwater management permit application shall detail how post-development stormwater runoff will be controlled and managed and how the proposed project will meet the requirements of divisions 15.1.3 and 15.2.7, Stormwater Management Standards. All such plans shall be prepared by a registered state professional engineer or a state registered landscape architect or by a person who has been awarded a stormwater BMP inspection and maintenance certification by the North Carolina State University Cooperative Extension. Any such person preparing a plan shall perform services only in their area of competence, and shall verify that the design of all stormwater management facilities and practices meets the submittal requirements for complete applications, that the designs and plans are sufficient to comply with applicable standards and policies found in the Stormwater BMP Design Manual, and that the designs and plans ensure compliance with this ordinance.
Upon completion of a project, and before a certificate of occupancy shall be granted, the applicant shall certify that the completed project is in accordance with the approved stormwater management permit and designs established therewith, and shall submit actual “as-built” plans for all stormwater management facilities or practices after final construction is completed.
The plans shall show the final design specifications for all stormwater management facilities and practices and the field location, size, depth, and planted vegetation of all measures, controls, and devices, as installed. The designer of the stormwater management measures and plans shall certify, under seal, that the as-built stormwater measures, controls, and devices are in compliance with the approved stormwater management plans and designs and with the requirements of this ordinance. A final inspection and approval by the Ordinance Administrator shall occur before the release of any performance securities.
(H) Other permits. No certificate of compliance or occupancy shall be issued by the town or any agency acting on behalf of the town without final as-built plans and a final inspection and approval by the Ordinance Administrator, except where multiple units are served by the stormwater practice or facilities, in which case the town may elect to withhold a percentage of permits or certificates of occupancy until as-built plans are submitted and final inspection and approval has occurred.
An approved plan shall become null and void if the applicant fails to substantially commence work on the site within one year after the date of approval. The Ordinance Administrator may grant a single, one-year extension of this time limit upon receiving a written request from the applicant before the expiration of the approved permit and in light of all relevant circumstances, including, but not limited to, extreme weather events, economic cycles, and market conditions.
In granting an extension, the Ordinance Administrator may require compliance with standards adopted since the original application was submitted unless there has been substantial reliance on the original permit and the change in standards would infringe the applicant’s vested rights.
(A) Purpose and intent. The purpose of this division and Article 14, Subdivision Standards, are to promote the health, safety, and general welfare of the residents of the town by:
(B) Applicability. Unless exempted in accordance with division 3.2.9(C), Exemptions, the following forms of development shall be required to have land subdivided in accordance with the procedures and standards of this division prior to the transfer of title or sale of any lots, the issuance of a zoning permit, or the issuance of a building permit for development:
Plats for subdivisions which are exempt from the requirements of this division shall be submitted to the Ordinance Administrator who shall sign a certificate of exemption (see Appendix B) on the plat. This certificate must be signed prior to recordation of the exempt subdivision plat with the County Register of Deeds.
(1) General. A subdivision preliminary plat (major subdivision) establishes the general layout and design for the subdivision. Upon the approval of a subdivision preliminary plat, applicants may begin to install streets, public utilities, and other infrastructure. Following installation and approval of all required infrastructure, applicants may submit an application for a subdivision final plat. Building permits may not be issued before approval and recordation of a subdivision final plat.
(3) Subdivision preliminary plat content standards. The required contents of a subdivision preliminary plat are shown in Appendix A, Subdivision Plat Content Standards.
(i) Preliminary procedures. The preliminary procedures and requirements for submission and review of a subdivision preliminary plat are established in § 3.1, Common Review Procedures.
(iii) Review and recommendation by Ordinance Administrator. Following the review of a concept plan, the applicant shall prepare a subdivision preliminary plat that reflects the configuration depicted in the finalized concept plan along with any other required information. Once the complete application and subdivision preliminary plat are submitted, the Ordinance Administrator shall review the application and submit his or her recommendation and comments to the Planning Board prior to the meeting at which they will review the application.
(iv) Review and recommendation by Planning Board. Following the receipt of comments and a recommendation from the Ordinance Administrator, the Planning Board shall review the proposed subdivision preliminary plat. The Planning Board shall review the application for consistency with the standards of this ordinance and with the finalized concept plan that was reviewed by the Ordinance Administrator. Within 45 days following its initial review, the Planning Board shall make a recommendation to the Town Council to approve, conditionally approve, or deny approval of the subdivision preliminary plat.
(v) Review and action by Town Council. Following the receipt of a recommendation from the Planning Board, the Town Council shall review and make its decision on the submitted subdivision preliminary plat. During its review, the Town Board shall makes its decision to approve, conditionally approve, or deny approval of the preliminary plat based on the standards in division 3.2.9(D)(5), Standards for Approval.
(5) Standards for approval. A subdivision preliminary plat shall only be approved upon finding that the application complies with the standards in Article 14, Subdivision Standards, all other relevant provisions of this ordinance, and all other relevant town ordinances, plans, and regulations.
(6) Effect of approval. Approval of a subdivision preliminary plat shall constitute approval of the development with the general lot shapes and alignments of streets identified in the phases depicted on the approved preliminary plat. Phases not depicted on an approved subdivision preliminary plat shall not have preliminary plat approval. Approval of a subdivision preliminary plat allows the subdivider to proceed with the submittal of construction drawings for site plan and stormwater management permits the required infrastructure and utilities. Approval of a subdivision preliminary plat does not constitute or guarantee approval of a final plat. The approval of a subdivision preliminary plat is not a personal right, but one which runs with the land, and, therefore, changes in ownership of the subject property shall not alter the effect of the approval.
(8) Installation and inspection of required improvements. Following the construction of all required improvements, or the posting of a performance guarantee for required improvements that are not installed or completed, the subdivider shall submit a written request for inspection of those improvements. When all required public improvements and/or performance guarantees have been approved by the town, the subdivider may apply for subdivision final plat approval.
(9) Performance guarantees. In lieu of meeting the requirement for the completion, installation, and dedication of any and all public infrastructure improvements (e.g., underground utilities, streets, sidewalks, storm drainage, trees, landscaping, buffer plantings, street lights, and the like) prior to subdivision final plat approval, the town may accept a performance guarantee in accordance with the standards in this division 3.2.9.
(ii) Duration. The duration of the performance guarantee shall initially be one year, unless the developer determines that the scope of work for the required improvements necessitates a longer duration. In the case of a bonded obligation, the completion date shall be set one year from the date the bond is issued, unless the developer determines that the scope of work for the required improvements necessitates a longer duration.
(iii) Extension. A developer shall demonstrate reasonable, good faith progress toward completion of the required improvements that are secured by the performance guarantee or any extension. If the improvements are not completed to the specifications of the local government, and the current performance guarantee is likely to expire prior to completion of the required improvements, the performance guarantee shall be extended, or a new performance guarantee issued, for an additional period. An extension shall only be for a duration necessary to complete the required improvements. If a new performance guarantee is issued, the amount shall be determined by the procedure provided in subdivision (v) of this subsection and shall include the total cost of all incomplete improvements.
(iv) Release. The performance guarantee shall be returned or released, as appropriate, in a timely manner upon the acknowledgment by the town that the improvements for which the performance guarantee is being required are complete. The town shall return letters of credit or escrowed funds upon completion of the required improvements to its specifications or upon acceptance of the required improvements, if the required improvements are subject to local government acceptance. When required improvements that are secured by a bond are completed to the specifications of the town, or are accepted by the town, if subject to its acceptance, upon request by the developer, the town shall timely provide written acknowledgment that the required improvements have been completed.
(v) Amount. The amount of the performance guarantee shall not exceed 125% of the reasonably estimated cost of completion at the time the performance guarantee is issued. The town may determine the amount of the performance guarantee or use a cost estimate determined by the developer. The reasonably estimated cost of completion shall include 100% of the costs for labor and materials necessary for completion of the required improvements. Where applicable, the costs shall be based on unit pricing. The additional 25% allowed under this subdivision includes inflation and all costs of administration regardless of how such fees or charges are denominated. The amount of any extension of any performance guarantee shall be determined according to the procedures for determining the initial guarantee and shall not exceed 125% of the reasonably estimated cost of completion of the remaining incomplete improvements still outstanding at the time the extension is obtained.
(1) General. After the inspection and approval of the required public improvements or the posting of a performance guarantee for improvements that are not installed or completed, the subdivider shall prepare a subdivision final plat for review in accordance with this division 3.2.9. The subdivider shall receive approval of a subdivision final plat prior to the issuance of building permits for structures on lots.
(2) Required contents of final plat. The required contents of a subdivision final plat are shown in Appendix A, Subdivision Plat Content Standards.
(i) Preliminary procedures. The preliminary procedures and requirements for submission and review of a subdivision final plat are established in § 3.1, Common Review Procedures.
(ii) Review and action by Ordinance Administrator. Following the submission of a complete application for final plat approval, the Ordinance Administrator shall review the application and make a decision on approval, approval with modification, or denial of the application in accordance with division 3.2.9(E)(4), Standards for Approval.
(5) Certification. No subdivision final plat may be recorded unless all relevant certificates, as identified in Appendix B
, have been signed by the appropriate officials.
(2) Required contents of minor subdivision plat. A minor subdivision plat shall contain the same information as a subdivision final plat as shown in Appendix A, Subdivision Plat Content Standards.
(i) Preliminary procedures. The preliminary procedures and requirements for submission and review of a minor subdivision plat are established in § 3.1, Common Review Procedures.
(4) Review and action by Ordinance Administrator. Following the receipt of a complete application for minor subdivision approval, the Ordinance Administrator shall review the application and make a decision on approval, approval with modification, or denial of the application in accordance with division 3.2.9(F)(5), Standards for Approval.
(5) Standards for approval. A minor subdivision shall be approved upon a finding that the application complies with the standards in Article 14, Subdivision Standards, as well as all other relevant provisions of this ordinance, and all other relevant town ordinances and regulations.
(6) Certification. No minor subdivision plat may be recorded unless all relevant certificates, as identified in Appendix B
, have been signed by the appropriate authorities.
(2) Required contents of recombination plat. A recombination plat shall contain the same information as a subdivision final plat as shown in Appendix A, Subdivision Plat Content Standards.
(i) Preliminary procedures. The preliminary procedures and requirements for submission and review of a recombination plat are established in § 3.1, Common Review Procedures.
(ii) Review and action by Ordinance Administrator. Following the receipt of a complete application for recombination plat approval, the Ordinance Administrator shall review the application and make a decision on approval, approval with modification, or denial of the application in accordance with division 3.2.9(G)(4), Standards for Approval.
(5) Certification. No recombination plat may be recorded unless all relevant certificates, as identified in Appendix B
, have been signed by the appropriate authorities.
(A) Purpose. A land development permit shall be required in accordance with the provisions of this division 3.2.10 in order to ensure that proposed development complies with the standards of this ordinance, and to otherwise protect the public health, safety, and welfare of the citizens of the town.
(B) Applicability. The provisions of this division 3.2.10 shall be applicable to all development within the town’s jurisdiction. No building, sign, or other structure shall be erected, moved, extended, enlarged, or structurally altered, any building permit be issued by the county or any other development activity commence until the Ordinance Administrator has issued a land development permit in accordance with this division 3.2.10.
(1) Preliminary procedures. The preliminary procedures and requirements for submission and review of a land development permit application are established in § 3.1, Common Review Procedures.
(2) Review and action by Ordinance Administrator. The Ordinance Administrator shall review and approve or deny an application for a land development permit in accordance with the standards in division 3.2.10(C)(3), Land Development Permit Standards. If the application is denied, the reasons for denial shall be provided to the applicant in writing.
(3) Land development permit standards. A land development permit shall be approved upon a finding by the Ordinance Administrator that the application fully complies with all relevant standards of this ordinance, as well as all other applicable town requirements and applicable conditions of approval if any were imposed as part of a preceding approval for the proposed development.
(D) Appeals. The appeal of a decision by the Ordinance Administrator on the issuance of a land development permit shall be heard by the Board of Adjustment in accordance with division 3.2.13, Appeals of Administrative Decisions.
(A) Purpose. The purpose of this division 3.2.11 is to establish the review and approval procedures for floodplain development permits in order to ensure that development occurs in compliance with the requirements of Article 16, Flood Damage Prevention.
(1) Preliminary procedures. The preliminary procedures and requirements for submission and review of a floodplain development permit are established in § 3.1, Common Review Procedures.
(2) Review and action by Ordinance Administrator. Following the receipt of a complete application for a floodplain development permit, the Ordinance Administrator shall review the application and either approve, approve with modifications, or deny approval of the application based on the standards in 3.2.11(D), Standards for Approval. If the application is denied, the Ordinance Administrator shall state the reasons for denial in writing.
(D) Standards for approval. The Ordinance Administrator shall only approve an application for a floodplain development permit if he or she finds that it meets all of the standards set forth in § 16.7, Provisions for Flood Hazard Reduction.
(ii) The boundary of the Special Flood Hazard Area as delineated on the FIRM or other flood map as determined in division 16.5.2, or a statement that the entire lot is within the Special Flood Hazard Area;
(iii) Flood zone(s) designation of the proposed development area as determined on the FIRM or other flood map as determined in division 16.5.2;
(ii) Openings to facilitate automatic equalization of hydrostatic flood forces on walls in accordance with Article 16, division 16.7.2(D)(4) when solid foundation perimeter walls are used in Zones A and AE
(8) A description of proposed watercourse alteration or relocation, when applicable, including an engineering report on the effects of the proposed project on the flood-carrying capacity of the watercourse and the effects to properties located both upstream and downstream; and a map (if not shown on plot plan) showing the location of the proposed watercourse alteration or relocation.
(2) The Special Flood Hazard Area determination for the proposed development in accordance with available data specified in division 16.5.2;
(i) An elevation certificate (FEMA Form 81-31) is required prior to the actual start of any new construction. It shall be the duty of the permit holder to submit to the Ordinance Administrator a certification of the elevation of the reference level, in relation to mean sea level. The Ordinance Administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder prior to the beginning of construction. Failure to submit the certification or failure to make required corrections shall be cause to deny a floodplain development permit.
(ii) A final as-built elevation certificate (FEMA Form 81-31) is required after construction is completed and prior to certificate of occupancy issuance. It shall be the duty of the permit holder to submit to the Ordinance Administrator a certification of final as-built construction of the elevation of the reference level and all attendant utilities. The Ordinance Administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to certificate of occupancy issuance. In some instances, another certification may be required to certify corrected as-built construction. Failure to submit the certification or failure to make required corrections shall be cause to withhold the issuance of a certificate of occupancy.
(i) If nonresidential floodproofing is used to meet the regulatory flood protection elevation requirements, a floodproofing certificate (FEMA Form 81-65), with supporting data, an operational plan, and an inspection and maintenance plan are required prior to the actual start of any new construction. It shall be the duty of the permit holder to submit to the Ordinance Administrator a certification of the floodproofed design elevation of the reference level and all attendant utilities, in relation to mean sea level. Floodproofing certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. The Ordinance Administrator shall review the certificate data, the operational plan, and the inspection and maintenance plan. Deficiencies detected by such review shall be corrected by the applicant prior to permit approval. Failure to submit the certification or failure to make required corrections shall be cause to deny a floodplain development permit. Failure to construct in accordance with the certified design shall be cause to withhold the issuance of a certificate of occupancy.
(iii) If a watercourse is to be altered or relocated, a description of the extent of watercourse alteration or relocation; a professional engineer’s certified report on the effects of the proposed project on the flood-carrying capacity of the watercourse and the effects to properties located both upstream and downstream; and a map showing the location of the proposed watercourse alteration or relocation shall all be submitted by the permit applicant prior to issuance of a floodplain development permit.
(A) Purpose. The purpose of this division 3.2.12 is to establish the review and approval procedures for tree preservation and protection plans submitted in accordance with Article 11, Tree Preservation and Protection.
(B) Applicability. A tree preservation and protection plan shall be required for all land development activities that are seeking tree preservation incentives as set forth in § 11.3, Tree Preservation Incentives.
(1) Preliminary procedures. The preliminary procedures and requirements for submission and review of a tree preservation and protection plan are established in § 3.1, Common Review Procedures.
(i) Review and action by Ordinance Administrator. Following the receipt of a complete tree preservation and protection plan application, the Ordinance Administrator shall review the application and either approve, approve with modifications, or deny approval of the application based
on the standards in 3.2.12(D), Standards for Approval. If the application is denied, the Ordinance Administrator shall state the reasons for denial in writing.
(D) Standards for approval. To receive approval, and subsequently incentives and credits, the tree preservation and protection plan must fully comply with all standards for tree preservation and protection as set forth in Article 11.
(F) Final inspection required. Following the completion of land development activity, the Ordinance Administrator shall inspect the site for final compliance with the tree preservation and protection plan. If it is found that any violations of the approved plan have occurred, then any credits or incentives associated with those violated portions of the plan shall be revoked and full compliance shall be required in place of those revoked credits or incentives.
(G) Expiration of approval. Approved tree preservation and protection plans shall expire one year after their initial approval if development activity has not substantially commenced. If an approved plan expires, any associated incentives and/or credits shall be revoked. Credits or incentives may only be reinstated in accordance with the approval procedures for the original submission of a tree preservation and protection plan.
(A) Right of appeal. Any person who has standing under G.S. § 160D-1403.1(b) or the town may appeal a decision to the Board of Adjustment. Penalties imposed under Article 15 pursuant to the authority granted to the town under G.S. § 143-215.6A may also be appealed to the Board of Adjustment.
(2) Notice of decision. The official who made the decision shall give written notice to the owner of the property that is the subject of the decision and to the party who sought the decision, if different from the owner. The written notice shall be delivered by personal delivery, electronic mail, or by first-class mail.
(3) Time to file an appeal. The owner or other party shall have 30 days from the receipt of the written notice within which to file an appeal. Any other person with standing to appeal shall have 30 days from the receipt from any source of actual or constructive notice of the decision within which to file an appeal.
(4) Constructive notice; posting. It shall be conclusively presumed that all persons with standing to appeal have constructive notice of the determination from the date a sign providing notice that a determination has been made is prominently posted on the property that is the subject of the determination, provided the sign remains on the property for at least 10 days. The sign shall contain the words “Zoning Decision” or “Subdivision Decision” or similar language for other determinations in letters at least six inches high and identifying the means to contact a town official for information about the decision is prominently posted on the property that is the subject of the determination. Posting of signs is not the only form of constructive notice. Any such posting shall be the responsibility of the landowner or applicant. Verification of the posting shall be provided to the official who made the decision. Absent an ordinance provision to the contrary, posting of signs shall not be required.
(5) Transmission of record. The official who made the decision shall transmit to the Board of Adjustment all documents and exhibits constituting the record upon which the action appealed from is taken. The official shall also provide a copy of the record to the appellant and to the owner of the property that is the subject of the appeal if the appellant is not the owner.
(i) Upon receipt of a notice of appeal, the Clerk to the Board of Adjustment shall schedule a quasi-judicial hearing and provide public notification in accordance with the standards in § 3.1, applicable to quasi-judicial hearings.
(ii) Subject to the provisions of 3.2.13(D), the Board of Adjustment shall hear the appeal within a reasonable time.
(7) Hearing and decision by Board of Adjustment. The official who made the decision shall be present at the hearing as a witness. At the hearing, the person making the appeal may appear in person or by agent or attorney, and shall state the grounds for the appeal and identify any materials or evidence from the record to support the appeal. The appellant shall not be limited at the hearing to matters stated in the notice of appeal. If any party or the town would be unduly prejudiced by the presentation of matters not presented in the notice of appeal, the Board of Adjustment shall continue the hearing. In making its determination, the Board of Adjustment shall consider the application, the relevant support materials, and the testimony given at the public hearing. Within 30 days following the close of the public hearing, the Board of Adjustment may reverse or affirm, wholly or partly, or may modify the decision appealed from and shall make any order, requirement, decision, or determination that ought to be made based on the record, and the requirements and standards of this ordinance. The Board of Adjustment shall have all the powers of the official who made the decision. A majority of the members of the Board of Adjustment who are eligible to vote shall be required to determine an appeal of a decision of an administrative official charged with enforcement of the LDO, any appeal arising out of the LDO, or any appeal made in the nature of certiorari as set forth in G.S. § 160D-406. All decisions shall be in accordance with division 3.1.13, Quasi-Judicial Decisions.
(C) Effect of appeal. An appeal of a notice of violation or other enforcement order stays enforcement of the action appealed from unless the official who made the decision certifies to the Board of Adjustment after the notice of appeal has been filed, that because of the facts stated in an affidavit, a stay would cause imminent peril to life or property or because the violation is transitory in nature, a stay would seriously interfere with enforcement of the ordinance. In that case, enforcement proceedings
shall not be stayed except by a restraining order, which may be granted by a court. If enforcement proceedings are not stayed, the appellant may file with the official a request for an expedited hearing of the appeal, and the Board of Adjustment shall meet to hear the appeal within 15 days after such a request is filed. Notwithstanding the foregoing, appeals of decisions granting a permit or otherwise affirming that a proposed use of property is consistent with the ordinance shall not stay further review of an application for permits or permissions to use such property; in these situations the appellant may request and the Board of Adjustment may grant a stay of a final decision of permit applications or building permits affected by the issue being appealed.
(E) Other forms of dispute resolution. The parties to an appeal that has been made under division 3.2.13, Appeals of Administrative Decisions, may agree to mediation or other forms of alternative dispute resolution.
(1) Preliminary procedures. The preliminary procedures and requirements for submission and review of an application are established in § 3.1, Common Review Procedures.
(2) Review and recommendation by Planning Board. Following review by the Ordinance Administrator, the application shall be referred to the Planning Board for review and recommendation. During the meeting, the Planning Board shall consider the application, the relevant support materials, and any public comments given on the application. Within 45 days of the first meeting on an application, the Planning Board shall make a written recommendation to the Town Council. In addition to making
a recommendation as to approval or denial of the application and the appropriate period of time to vest a site-specific vesting plan, the Planning Board may also recommend the imposition of conditions on the approval in accordance with division 3.1.15, Conditions of Approval. In no case shall the application proceed to the public hearing before the Town Council without a recommendation by the Planning Board.
(3) Review and decision by Town Council. After the receipt of a recommendation from the Planning Board, public notification, and the scheduling of a public hearing, the Town Council shall conduct a public hearing on the application. At the public hearing, the Town Council shall consider the application, the relevant support materials, the recommendation of the Planning Board, and the testimony given at the public hearing. After the close of the public hearing, the Town Council shall, by simple majority of those present and eligible to vote, approve, approve with conditions, or deny the application based on the standards in division 3.2.14(D), Vested Rights Standards. In the event the application is approved, the Town Council shall establish the vesting period, which shall not exceed a maximum of five years from the date of approval of the establishment of vested rights.
(D) Vested rights standards. The Town Council shall only grant vested rights in accordance with this division 3.2.14 after making the following findings of fact:
In approving the establishment of vested rights, the Town Council may extend the two-year vested rights period to a period of up to five years, where warranted in light of all relevant circumstances, including, but not limited to, the size and phasing of development, economic cycles, and market conditions.
(A) A multi-phased development, as defined in this ordinance and consistent with the definition in G.S. § 160D-108(j)(4) is vested for the entire development with the land development regulations then in place at the time a site plan approval is granted for the initial phase of the multi-phased development.
(B) A right which has been vested as provided for in this subsection remains vested for a period of seven years from the time a site plan approval is granted for the initial phase of the multi-phased development.
(1) Preliminary procedures. The preliminary procedures and requirements for submission and review of an application are established in § 3.1, Common Review Procedures.
(2) Review and decision by Ordinance Administrator. Following the submission of a complete special intensity allocation application, the Ordinance Administrator shall review and approve, or deny approval of the special intensity allocation based on the standards in division 15.1.3, Development Regulations. Projects must, to the maximum extent practicable, minimize built-upon surface area, direct stormwater away from surface waters, and incorporate stormwater control measures to minimize water quality impacts.
(D) Standards for approval. The special intensity allocation application shall detail how post-development stormwater runoff will be controlled and managed and how the proposed project will meet the requirements of Article 15, Watershed Protection. All such plans shall be prepared by a qualified registered state professional engineer and/or surveyor, soil scientist, or landscape architect. The engineer, surveyor, soil scientist, or landscape architect shall perform services only in their area of competence, and shall verify that the design of all stormwater management facilities and practices meets the submittal requirements for complete applications, that the designs and plans are sufficient to comply with applicable standards and policies found in the Stormwater Design Manual, and that the designs and plans ensure compliance with this ordinance.
(E) Effect of approval. Approval authorizes the applicant to apply for a stormwater management permit for the specific project authorized under the special intensity allocation. The approval shall not be construed to convey any land disturbance activities, or exempt the applicant from obtaining appropriate land development permits, stormwater management permits, or other applicable approvals from local, state, and federal authorities.
(F) Expiration. Special intensity allocation approval shall automatically expire at the end of two years following initial approval if a building permit has not been issued and construction pursuant to that permit has not commenced for at least one building in the proposed development. A change in ownership shall not affect this time frame.
(Ord. A.21.01, passed 6-3-2021; Ord. A.22.01, passed 4-7-2022)