(A) Pre-application conference.
(1) Before submitting an application for development approval, each applicant may schedule a pre-application conference with the Planning Director to discuss the procedures, standards and regulations required for development approval in accordance with this chapter.
(2) A pre-application conference with the Planning Director shall be required for the following:
(a) Rezoning (§ 156.704);
(b) Planned development review (§ 156.705);
(c) Subdivision review (§ 156.706);
(d) Site plan review (§ 156.707);
(e) Traffic impact analysis (§ 156.708);
(f) Conditional use review (§ 156.710); and
(g) Special use review (§ 156.711).
(B) Neighborhood meeting.
(1) After the pre-application conference and prior to final acceptance of an application by the Planning Director, the applicant shall hold a mandatory neighborhood meeting for the following:
(a) Rezonings not in compliance with adopted plans and policies of the town (§ 156.704);
(b) Planned development review (§ 156.705);
(c) Major subdivision review, open space subdivision only (§ 156.706);
(d) Major site plan review (§ 156.707); and
(e) Special use review (§ 156.711).
(2) Only the initial application for planned development review shall require a neighborhood meeting. Subsequent applications for subdivision or site plan review do not require further neighborhood meetings.
(3) The purpose of the neighborhood meeting shall be to inform the neighborhood of the nature of the proposed land use and development features, explain the site plan if any, and solicit comments.
(4) The applicant shall provide notice by mail in accordance with division (D)(2)(c) below. The notice shall be mailed at least 10 days, but not more than 25 days, prior to the date of the neighborhood meeting.
(5) The applicant shall prepare and submit to the Planning Director a meeting summary that outlines attendance, major points discussed, and any agreements reached between the parties involved.
(6) The Planning Director may alter the neighborhood meeting procedures in cases where there are absentee land owners, limited number of land owners, or other situations they may limit the ability of adjoining property owners to attend the meeting.
(C) Application requirements.
(1) Forms. Applications required under this chapter shall be submitted on forms and in such numbers as required by the Planning Director.
(2) Fees.
(a) All applications and associated fees shall be filed with the Planning Director.
(b) Filing fees shall be established from time to time to defray the actual cost of processing the application, as listed in the town's fee schedule.
(c) An applicant who has paid the appropriate fee pursuant to the submission of an application, but who chooses to withdraw such application prior to its distribution for review shall be entitled to a refund of the total amount paid, less 10% for administrative costs, upon written request to the appropriate department. Once review has begun, no refund shall be available, except that unused notice surcharges shall be refunded less 10% for administrative purposes.
(3) Applications sufficient for processing.
(a) All applications shall be sufficient for processing before the Planning Director is required to review the application.
(b) An application shall be sufficient for processing when it contains all of the information necessary to decide whether or not the development as proposed will comply with all of the requirements of this chapter.
(c) The presumption shall be that all of the information required in the application forms is necessary to satisfy the requirements of this section. However, it is recognized that each application is unique, and therefore more or less information may be required according to the needs of the particular case. The applicant may rely on the recommendations of the appropriate department as to whether more or less information should be submitted.
(d) Once the application has been determined sufficient for processing, copies of the application shall be referred by the Planning Director to the appropriate reviewing entities.
(e) The Planning Director may require an applicant to present evidence of authority to submit the application.
(4) Application deadline. Applications sufficient for processing shall be submitted to the Planning Director in accordance with the published calendar schedule. Schedules indicating submittal dates shall be developed each year and made available to the public.
(5) Staff consultation after application submitted.
(a) Upon receipt of an application sufficient for processing, the Planning Director shall review the application and confer with the applicant to ensure an understanding of the applicable requirements of this chapter; that the applicant has submitted all of the information they intend to submit; and that the application represents precisely and completely what the applicant proposes to do.
(b) Once the applicant indicates that the application is as complete as the applicant intends to make it, the application shall be placed on the agenda of the appropriate review board in accordance with standard procedures. However, if the Planning Director believes the application is incomplete, a recommendation to deny the application on that basis shall be provided to the appropriate reviewing entity.
(6) Concurrent applications.
(a) If approved by the Planning Director, applications for development approvals may be filed and reviewed concurrently. Any application that also requires a variance shall not be eligible for final approval until the variance has been granted.
(b) Applications submitted concurrently are subject to approval of all other related applications; denial or disapproval of any concurrently submitted application shall stop consideration of any related applications until the denied or disapproved application is resolved.
(D) Notice and public hearings.
(1) Summary of notice required. Notice shall be required for applications for approval as shown in the table below.
(2) Public notice requirements.
(a) Published notice. Where published notice is required, a distinctive advertisement shall be placed by the town in a local newspaper of general circulation once a week for 2 successive calendar weeks, the first notice being published not less than 10 days nor more than 25 days before the date fixed for the public hearing.
(b) Posted notice (sign). Where posted notice is required, a sign shall be posted by the Planning Director not less than 10 days prior to the public hearing at which the application shall be reviewed. The sign shall be posted on the property or at a point visible from the nearest public street.
(c) Mailed notice.
1. Where mailed notice is required, the applicant shall notify by first-class mail (at the last addresses listed for such owners in the county tax records) all property owners within and immediately abutting the subject property. Where the subject property immediately adjoins a public or private right-of-way, landscape or riparian buffer, commonly-owned private area, public property, or homeowners' association property, then letters of notification shall be sent to adjoining property owners as if they directly abut the subject property. The applicant mailing such notices shall certify to the Town Board of Commissioners that fact, and such certificate shall be deemed conclusive in the absence of fraud.
2. The notice shall be mailed at least 10 but not more than 25 days prior to the date of the public hearing.
3. Mailed notice under this section shall not be required if a rezoning (including a planned development rezoning) directly affects more than 50 properties owned by a total of at least 50 different property owners, and the town elects to use the following expanded notice requirements:
a. Published notice of the hearing shall be provided as set forth in division (a) above. The advertisement shall not be less than ½ of a newspaper page in size.
b. Mailed notice of the hearing shall be provided (as set forth in divisions (c)1. and (c)2. above) to all property owners who reside outside of the newspaper's circulation area.
(d) Content of notice. The notice listed above shall contain the following specific information:
1. Published or mailed notice. A published or mailed notice shall provide at least the following:
a. Parcel Identification Number;
b. The address of the subject property (if available);
c. The general location of the land that is the subject of the application, which may include a location map;
d. A description of the action requested;
e. Where a rezoning is proposed, the current and proposed districts;
f. The time, date and location of the public hearing;
g. A phone number to contact the town; and
h. A statement that interested parties may appear at the public hearing.
2. Posted notice. Required posted notices shall indicate the following:
a. A case number;
b. Type of action; and
c. A phone number to contact the town.
(3) Constructive notice. Minor defects in notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements.
(E) Required hearings. A public hearing shall be required for development review as shown in the table below.
(F) Decisions. Unless specifically provided elsewhere, all decisions on land use changes, including rezonings, shall require an affirmative vote. Tie votes shall be considered denials of any requested change.
(G) Notice of decision. Within 14 days after a decision is made, a copy of the decision shall be sent to the applicant and filed with the Planning Director, where it shall be available for public inspection during regular office hours.
(H) Withdrawal of application.
(1) An applicant may withdraw an application at any time, by filing a statement of withdrawal with the Planning Director.
(2) The statement of withdrawal shall be signed by all persons who signed the application, or in the event of death or incompetence, by the estate's lawful personal representative.
(3) If a valid zoning protest petition shall have been filed, the application may be withdrawn only if the statement of withdrawal is filed no later than 5 days prior to the date of the Town Board of Commissioners hearing date upon which the matter is to be returned for action by the Town Board of Commissioners. Thereafter, the application may be withdrawn only by leave of the Town Board of Commissioners, by majority vote.
(4) The Planning Director may withdraw applications due to failure of the applicant to submit required information within 90 days of the initial request.
(5) An applicant may postpone a scheduled public hearing once per application for up to 90 days after the date the first public hearing was scheduled to occur, after which the Planning Director may withdraw the application.
(Ord. passed 6- -2019)