Except as provided in division (D) below, the provisions of this chapter shall apply only to development proposals submitted on or after the effective date of this chapter, as follows.
(A) Residential uses. This chapter shall apply to major residential subdivision proposals that involve more than six lots or dwelling units.
(B) Nonresidential uses. This chapter shall apply to nonresidential development proposals that either:
(1) Involve 5,000 square feet or more of floor area; or
(2) Five hundred or more daily vehicle trips.
(C) Consecutive or sequential applications.
(1) Proposed developments may not be phased or subdivided in piecemeal fashion to avoid application of this chapter.
(2) Two or more developments represented to be separate developments shall be aggregated and treated as a single development under this chapter if the Town Manager or his or her designee determines them to be part of a unified plan of development and physically proximate to one another, based on the fact there is unified ownership as indicated by the fact that:
(a) The same person has retained or shared control of the developments;
(b) The same person has ownership or a significant legal or equitable interest in the developments;
(c) There is common management of the developments controlling the form of physical development or disposition of parcels of the development;
(d) There is a reasonable closeness in time between the completion of 80% or less of one development and the submission to the town of a development proposal for a subsequent development that is indicative of a common development effort;
(e) The voluntary sharing of infrastructure that is indicative of a common development effort or is designated specifically to accommodate the developments;
(f) There is a common advertising scheme or promotional plan in effect for the developments; and/or
(g) Any information provided by the applicant that the project is not being phased or subdivided to avoid the requirements of this chapter.
(D) Exemptions. The following development project proposals shall be exempt from complying with the requirements of this chapter.
(1) Essential public services. The provisions of this chapter shall not apply to essential public services.
(2) Agricultural and farm uses. Upon determination of the Administrator, the provisions of this chapter shall not apply to any lands or structures dedicated to bona fide farm purposes.
(3) Accessory structure or use. The provisions of this chapter shall not apply to any development proposal, or portion thereof, that is an accessory structure or use.
(4) Previously-approved development. The provisions of this chapter shall not apply to any development proposal that was part of a conditional zoning plan or subdivision plan submitted prior to the effective date of this chapter.
(5) Vested rights. This section shall not be interpreted or deemed to affect any rights that have vested prior to the effective date of this chapter, nor shall any provision of this chapter be applied to a specific property or applicant in a manner that would result in a taking of a property.
(Ord. passed - -2008)