In order to be entitled to the vested rights period set forth in Section 3.17.3 above, the owner or developer of the property must apply for a site-specific vesting plan with the Planning Department.
(A) Applicability; application
An applicant who wishes to obtain a site-specific vesting plan shall apply for such at the time of an initial development plan application. The site-specific vesting plan application shall include the approximate boundaries of the site; significant topographical and other natural features affecting development of the site; the approximate location on the site of the proposed buildings, structures, and other improvements; the approximate dimensions, including height, of the proposed buildings and other structures; and the approximate location of all existing and proposed infrastructure on the site, including water, sewer, stormwater, roads, and pedestrian walkways.
(1) Planning Director Review, Report, and Recommendation
The Planning Director shall review each proposed site-specific vesting plan and development plan and shall distribute the application to the Development Review Committee. The Development Review Committee shall determine if the development plan complies with this Ordinance. If the Development Review Committee finds the development plan complies with this Ordinance, the Director shall provide a report to the Town Council for consideration. This report shall include a discussion of all plans and policies that have been adopted by the Town and are relevant to the application as well as the Development Review Committee's recommendation.
(2) Town Council Action
If the development plan requires review by the Zoning Board of Adjustment pursuant to Section 3.9.2, the development plan must first be considered and approved by the Zoning Board of Adjustment. If the development plan does not require Zoning Board of Adjustment review and approval, or if the Zoning Board of Adjustment has approved the development plan, then the site-specific vesting plan will be transmitted to the Town Council. The Town Council, after holding a legislative public hearing, may approve, conditionally approve, or deny the application for the site- specific vesting plan. The Town Council may approve a site-specific vesting plan upon any terms and conditions that may reasonably be necessary to protect the public health, safety, and welfare.
(B) Notice and Conduct of Public Hearings
(C) Effect of Denial or Withdrawal of Application
No application for a site-specific vesting plan covering the same property will be considered until after a lapse of twelve (12) months from the date of denial or withdrawal of the application. This twelve (12)-month provision may be waived for good cause shown by a four-fifths (4/5) vote of the Town Council.