It is the policy of the town to require developers submitting projects to the planning process to move their projects to either approval or denial in a reasonably expeditious manner. The time required in the planning review process will vary with the size and complexity of each proposal, and the establishment of exact time requirements for review is impractical. It is the policy of the town to formally deny projects submitted to the process which remain inactive for long periods of time due to acts or omissions of the developer.
A. Denial And Closure; Notice Required: When the planning commission believes that a project that has been formally submitted is not making normal progress towards final approval, they shall deny the project application and close the files with respect to that project. No action shall be taken by the planning commission for denial on the basis of inaction without giving sixty (60) days' written notice to the developer and the responsible agent by certified mail. Such notice shall state the intent of the planning commission to have the project denied because of inaction and the time, place and date when the matter will be taken up by the planning commission.
B. Inaction Defined:
1. A project shall be deemed inactive and subject to denial on the basis of inactivity if, through the act or omission of the developer and not the town:
a. More than three (3) months have passed since the last meeting of the planning commission and the developer;
b. More than three (3) months have passed since a request for additional information was made by the planning commission which request has not been complied with or the developer's reasons for noncompliance are not stated;
c. The developer is more than sixty (60) days in default of the payment of any fee assessed by ordinance, or has not paid the fee under protest;
d. The developer has stated his intent to abandon the project;
e. The project appears to have been abandoned; or
f. The application appears to have been filed in bad faith for the purpose of attempting to vest rights prior to a zoning change or title change, without actual intent to construct the project applied for.
2. Delays occasioned entirely by internal delays of the town or any commission or board shall not be cause for termination.
C. Reinstatement: A developer may appeal the planning commission denial of a project for inactivity to the town council, or the action may be called up by the town council. The town council may reinstate subject to payment of full or partial submission fees, reinstate subject to specific ordinance changes, or deny reinstatement. If reinstatement is denied, all interest in the application ends. If the developer desires to proceed with the project, he must start at the beginning of the process with a new submission and payment of new submission fees, and shall be subject to all ordinances then in effect. (Ord., 1-18-2005)