(A) Pre-Application Conference Required
A pre-application conference is required prior to submission of most new development plan applications and for some modifications to already-approved plans; see Section 3.1.5 for instances in which a conference is not required. Generally, minor modifications to approved plans do not need a pre-application conference.
(B) Application Materials
All development plan applications shall include a set of application materials prepared pursuant to this section. Approval of these materials shall be a prerequisite to the review and approval procedures set forth in this section.
(1) General Application Requirements
Applications shall be filed with the Planning Department and shall consist of maps or plans that show the proposed development layout and related information and drawings, as specified by the Planning Director and prepared to the specifications of the Planning Director. All proposed or existing rights of way, easements, restrictive covenants or other matters of record that are known or should reasonably be known by the property owner(s) and that may affect the property shall be disclosed. Data provided shall be accurate. Submission of an application containing inaccurate, misleading, or false information, including but not limited to incorrect measurement or mathematical results, or submission of an application that omits required information, shall be grounds for rejection or refusal to act on the application and shall constitute a violation of this Ordinance and be subject to appropriate penalties and remedies set forth in Chapter 11.
(a) The application shall provide a statement identifying any and all modifications from the design standards or improvement requirements set forth in Chapters 7 and 8 that the applicant will be requesting, including requests for Minor Modifications (see Section 3.19) or Variances (see Section 3.20).
(b) The application shall also be accompanied by other applications, if appropriate, such as a Special Use application (Section 3.8) and/or an owner-initiated annexation petition.
(c) Any applicant desiring to make a payment of money in lieu of land dedication pursuant to Section 8.2.2 of this Ordinance shall attach a letter to the plan application requesting approval to make payment in lieu of dedication of land.
(d) A Traffic Management Plan as further described in Section 8.1.1 shall be submitted with an application for any proposed school planned to have an enrollment of two hundred (200) or more students and for any proposed religious or other assembly use (i.e., club, lodge, or hall; or special event center) planned to have a capacity of two hundred (200) or more persons. The Plan shall be in a format as specified by the Transportation and Facilities Department Director.
(e) During review of the application, the Planning Department, the Development Review Committee, and/or the Town Council may require such additional information as may be necessary to review the submission, if applicable.
(2) Prohibiting Phasing to Avoid Requirements
It is the Town's intent to ensure that larger developments are not phased or subdivided in piecemeal fashion in order to comply with numerical requirements of this Ordinance. Two (2) or more developments, represented by their owners or developers to be separate developments, shall be aggregated and treated as a single development when they are determined to be part of a unified plan of development and are physically proximate to one another. The following factors will be considered to determine whether there is a unified plan of development:
(a) There is unified ownership, indicated by the fact that:
1. The same person has retained or shared control of the developments;
2. The same person has ownership or a significant legal or equitable interest in the developments; or
3. There is common management of the developments controlling the form of physical development or disposition of parcels of the development.
(b) There is a reasonable closeness in time between the completion of eighty (80) percent or less of one (1) development and the submission to the Town of a master plan or series of plans or drawings for the other development that is indicative of a common development effort.
(c) The voluntary sharing of infrastructure that is indicative of a common development effort or is designated specifically to accommodate the developments.
(d) There is a common advertising scheme or promotional plan in effect for the developments.
(e) Any information provided by the applicant that the project is not being phased or subdivided to avoid requirements of this Ordinance.
(3) Two Types of Plans
The applicant has the option to submit either a "full plan" application or a "sketch plan" application:
(a) Full Plan Application
A full plan application shall include information and supporting materials required as specified by the Planning Director. Once the application is complete, the Planning Department shall transmit the application to the Development Review Committee. If the Committee determines that the materials comply with all applicable requirements of this Ordinance and Town specifications, then the Planning Director shall mark the plans as approved. If the Committee determines that the materials do not comply with all applicable requirements, or that meeting the applicable requirements would require a change to the plan that could not be approved by the Planning Director using the Minor Modification process (see Section 3.19), then the Development Review Committee shall submit the plans to the Zoning Board of Adjustment for review, modification, and approval or denial.
(b) Sketch Plan Application
At the option of the applicant, a "sketch plan" instead of a full plan may be submitted. The information and supporting materials required shall be as specified by the Planning Director. This option is intended to give an applicant a preliminary review of their proposed development without having to prepare complete construction plans, which are required for a full plan application. This option is a two (2)-step process, with the applicant first submitting for approval of a sketch plan, followed by submittal of the construction plans (incorporating the sketch plan approval) in order to receive complete "full plan" approval to move forward to construct the proposed development.
1. Approval of Sketch Plan Conditional on Approval of Construction Drawings
If the application is submitted under the sketch plan submission option, approval of the sketch plan shall automatically be conditioned on the Development Review Committee's subsequent approval of construction drawings for all improvements required in the plan.
2. One Year Deadline to Submit Construction Drawings
Construction drawings shall be submitted to the Planning Department no more than one (1) year after the date the sketch plan is approved. Failure to submit the construction drawings within this one (1) year period shall result in the lapse of approval of the sketch plan. The Planning Director may grant a single, one (1) year extension of this time limit for good cause shown, upon receiving a request from the applicant.
3. Review by Development Review Committee of Construction Drawings Following Approval of a Sketch Plan
a. If the Committee determines that the materials comply with all requirements of this Ordinance and applicable Town specifications, then the Planning Director shall mark the construction drawings as approved.
b. If the Development Review Committee determines that the materials do not comply with all applicable requirements, or that meeting the applicable requirements would require a change to the plan that could not be approved by the Planning Director using the Minor Modification process, then the Development Review Committee shall submit the construction drawings to the Zoning Board of Adjustment for review, modification, and approval or denial.
(C) Owner-Initiated Annexation Petition Required
If the property within the proposed plan boundaries requires annexation into the Town limits, then official approval of the plan connecting to Town utilities is contingent on annexation into the Town. See Section 3.1.10.
(D) Coordination of Plan Review with Special Use and/or Subdivision Plat Review
(1) The review and approval of development plans should be coordinated with the review and approval of Special Uses (see Section 3.8) to the maximum extent possible. An application for approval of a development plan may be submitted at the same time as an application for approval of a special use for the same development. However, the Development Review Committee shall render separate recommendations and the decision-making body (if subject to its approval) shall render a separate decision on each application, recognizing the applications as distinct and subject to different standards for approval. However, the decision-making body may choose to approve both applications with one (1) vote.
(2) Application for a subdivision plat may only be submitted following development plan approval, unless a development plan is not required (see Section 3.9.3(B)).
(E) Plans in Nonconforming Structures or Lots
If a proposed plan involves one (1) or more structures or lots that do not conform to the regulations of the district in which the plan is located, then, this plan may be reviewed as a Re-use/Redevelopment Plan provided that the proposal is consistent with the requirements in Section 3.11.2. If the proposal is not consistent with Section 3.11.2, or includes an expansion of the nonconforming use, structure, or site, beyond that allowed by Section 3.11.3 then such proposal shall be required to obtain special use approval (see Section 3.8) unless the applicant has previously obtained the necessary variances from the Zoning Board of Adjustment. In cases where a variance has been granted, such plans would follow the normal development plan process.
(F) Approval Authority
(1) Approval by Zoning Board of Adjustment
The Zoning Board of Adjustment shall have final decision-making authority on the following types of development plans, which shall be reviewed using the procedure set forth in this Section:
(a) Plans for uses that require approval of a Special Use; and
(b) Plans that propose one hundred (100) residential units or more, or that would construct one hundred thousand (100,000) square feet of nonresidential floor area or more, or that would construct a new drive-through facility or expand an existing drive-through facility; excepting plans meeting the following criteria, which plans shall be reviewed by the Planning Director:
1. A rezoning for the property was approved within the two (2) calendar years prior to the date of application for the development plan and the plan is not otherwise subject to review by the Zoning Board of Adjustment pursuant to Section 3.9.2(F)(1)(a); or
2. Plans for property (a) subject to a development agreement approved by the Town pursuant to G.S. Chapter 158, Article 1; Chapter 160D, Article 10; or 160D-1315; and (b) for which no zoning condition requires approval of the plan by the Town Council.
(2) Approval by Town Council
The Town Council shall have final decision-making authority on the following types of development plans, which shall be reviewed using the procedure set forth in this Section.
(a) Plans for property within an approved Mixed Use District where conditions of the associated preliminary development plan require action by Town Council.
(3) Approval by Planning Director
The Planning Director shall have final decision-making authority on all development plans not subject to review by the Town Council or Zoning Board of Adjustment. Such plans shall be reviewed for compliance with all requirements of this Ordinance and applicable Town specifications.
(G) Planning Director Review and Approval Process
(1) Within ninety (90) days from the submittal or any re-submittal of the application, the Planning Director shall review the plan and the comments and recommendations of the Development Review Committee. The Director shall either approve or deny the plan within this time period unless the applicant has caused additional delay or failed to provide necessary or accurate information.
(2) If the Planning Director denies the plan, then the reasons for the denial shall be stated in the record of action on the plan.
(3) In the event the Planning Director denies a plan, an appeal may be filed with the Zoning Board of Adjustment pursuant to Section 3.21 of this Ordinance.
(H) Town Council and Zoning Board of Adjustment Review and Approval Process
(1) Action by Town Council or Zoning Board of Adjustment
The application, recommendations, and comments of the Development Review Committee and other appropriate review bodies shall be forwarded to the Town Council or Zoning Board of Adjustment, as appropriate, for action. The Town Council or Zoning Board of Adjustment shall review this information, hold a quasi-judicial evidentiary hearing, and approve, conditionally approve, or reject the plan. Notice of the hearing shall be provided and the hearing shall be conducted in accordance with Sections 3.1.6 and 3.1.7. The decision-making body may approve, or conditionally approve, any plan by a majority vote. The decision shall be reduced to writing and reflect the decision-making body's determination of contested facts and their application to the applicable standards. The written decision shall be approved by Town Council and signed by the Mayor or his designee, or approved by the Zoning Board of Adjustment and signed by the Chair of the Zoning Board of Adjustment or his designee. The decision of either decision-making body is effective upon filing with the Planning Department. The decision shall be delivered by personal delivery, electronic mail, or by first-class mail to the applicant, property owner, and to any person who has submitted a written request for a copy prior to the date the decision becomes effective. The person required to provide notice shall certify that proper notice has been made.
(I) Approval Criteria
A development plan may be approved by the Town Council or Zoning Board of Adjustment only if it meets the criteria set forth below:
(1) The plan complies with all applicable requirements of this Ordinance, including all applicable Town specifications and official plans and manuals or documents adopted by the Town. (Note: Plans within Planned Developments may be subject to different requirements based on the approval).
(2) The plan adequately protects other property, or residential uses located on the same property, from the potential adverse effects of the proposed development;
(3) The plan provides harmony and unity with the development of nearby properties;
(4) The plan provides safe conditions for pedestrians or motorists and prevents a dangerous arrangement of pedestrian and vehicular ways;
(5) The plan provides safe ingress and egress for emergency services to the site; and
(6) The plan provides mitigation for traffic congestion impacts reasonably expected to be generated by the project.
(J) Recording of Instrument for Required Dedications
(1) Approval of a development plan shall automatically be conditioned upon the applicant dedicating any and all lands, interests in land, and rights-of-way required to be dedicated as part of the approved plan through an instrument in a form approved by the Town and recorded with the Wake County Register of Deeds.
(2) For development plans not requiring a subdivision plat, such instruments shall be recorded prior to the issuance of a building permit. In addition, the applicant shall cause the Wake County Register of Deeds to mail a copy of the original recorded instruments to the Transportation and Facilities Department.
(3) For development plans requiring a subdivision plat, such instruments must be recorded prior to, or in conjunction with the recording a subdivision plat for the development unless otherwise allowed within this Ordinance. Failure to satisfy this requirement shall render approval of the plan null and void.
(K) Effect of the Plan Approval
(1) Approval of a plan shall authorize the applicant to proceed with any applications for environmental permits, building permits, and other permits and approvals required in order to develop the property in conformity with the approved plan. A permit, certificate, or other approval may be issued by the Town only if it conforms to the approved plan, and the applicant has made all dedications and improvements required by this Ordinance, except where the non-compliance is the subject of a modification to the plan approved pursuant to Section 3.19, Minor Modifications or is otherwise permitted by this Ordinance.
(L) Effect of Decision on Successive Applications
(1) When a plan application has been denied by the Town Council or the Planning Director, no plan application covering the same property with similar land use shall be accepted or considered within twelve (12) months after the date of the denial.
(2) The waiting period required by this Section may be waived in an individual case, for good cause shown, by the affirmative vote of three-fourths (3/4) of the members of the Town Council.
(M) Changes to Approved Plans
Changes to approved development plans may be requested by the applicant and may be approved by the Planning Director under the procedure and criteria set forth in Section 3.19, Minor Modifications.