Before the plat for a (11 or more ) can be recorded, the complete the application for a (Appendix 1 and Appendix 6) and comply with the items.
(A) Pre-application conference and site analysis sketch.
(1) A pre-application conference be held at least 15 days prior to the submission of any application. The conference include the and the . The purpose of the conference is to acquaint an with the application process and to review, in general, the proposed development. The should be prepared to discuss the development plans for the entire and any adjacent under the same ownership. The bring to the meeting a site analysis sketch (see Figure 1) that identify for the entire the features:
(a) Streams, creeks, ponds and reservoirs;
(b) Floodplains and wetlands;
(c) Steep slopes, defined as those greater than 20%;
(d) ;
(e) Rock outcroppings;
(f) Farmland and pastureland;
(g) Wooded or forested areas; and
(h) Cemeteries.
(2) The site analysis sketch be prepared based on aerial photography, visual observations and an on-site inspection of the . The site analysis sketch need not be professionally prepared. However, it be at a scale that is clearly legible and provides sufficient detail to describe the general location of proposed development and the stated features for discussion purposes. It is not necessary at the pre-application conference to have detailed plans with described and . The conference is intended for the free exchange of information between the and the and to explore how the intends to design the development, what density levels are contemplated and what areas are proposed for preservation, and the like, before a great deal of time and expense is expended on subdivision design.
(3) Pre-application conferences be attended by other governmental agencies or , members or those invited by the . The waive the conferences for successive sections under an approved master plan.
(B) Master plan submission. A master plan developed in conformance with Appendix 4, be submitted to the through the for review and approval for any at least 30 days prior to the date of the regularly scheduled meeting of the . The purpose of the master plan is to present the development concept for the entire project. The master plan is intended to provide general information about the proposed development to allow for an assessment of its impact on the orderly growth and development of the , environmental quality, land values, natural features identified on the site analysis sketch and the town's and governmental services. The submit 1 full-sized copy, 1 reduced-sized copy, and 1 electronic copy of the master plan, all at a scale appropriate to clearly depict the . The master plan consist of multiple sheets, if needed. The , upon receipt of the master plan, forward a copy to any for information purposes or for comment. proposing single or phase submit a combined master plan and development plan ("master/development plan") that be prepared in conformance with this chapter and the requirements of a development plan, as enumerated in Appendix 5. If during the development of the project, the master plan is revised to affect any of the : increase the number of building to be created or units to be constructed; create a substantive change in the configuration, layout, and the like; substantially change the use of any portion of the ; develop or build in areas that were identified as features in the site analysis sketch (see division (A) above)
and that were identified in the master plan as
or protected areas, these
be considered major plan amendments and the
then submit a revised master plan for
review and approval in accordance with this section. The Town of Mills River
provide mailed public notice and posted public notice on the subject property in advance of the
meeting at which the major amendment to the
master plan will be considered, per § 153.010.
(C) Development plan submission and review.
(1) A development plan, prepared in conformance with this chapter as enumerated in Appendix 5, be submitted to the for review and approval of any . A development plan is a graphic representation or map of the of land to be developed indicating all proposed divisions of land, their uses, improvements and other information as be required to fully disclose the applicant's intentions. The purpose of the plan is to provide general and specific information and is not intended to be a recordable document.
(2) The development plan be submitted for the entire or any thereof, Application be made and submitted to the at least 30 days prior to the date of a regularly scheduled meeting of the . The application, including all drawings, fees and attachments, be submitted at 1 time to the . The submit 1 full-sized copy
, 1 reduced-sized copy, and 1 electronic copy of
the development plan, all at a scale appropriate to clearly depict the . The development plan consist of multiple sheets, if needed. Formal review of the not begin until the Administrator has verified that the application is complete. The verification should, when possible, be made within 5 business days of its receipt. The notify the , in writing, of the application's status.
(3) The review the application with regard to all applicable standards and conformity to this chapter. The submit to the a summary of findings along with comments from . A copy of the findings be given to the prior to the review.
certify to the
that mailed public notice was provided to the owner of the subject property proposed for development of a major residential
and to the owners of all property adjacent to the subject property. A public notice sign shall be posted on or near the subject property as described in § 153.010.
The have a maximum of 60 days from the date of its first consideration of the plan within which to take action. In the opinion of the , if a development plan application is incomplete, the return the application to the identifying the specific omissions, without invoking the 60 day action requirement. The take the actions: approve a development plan as submitted; approve the plan with conditions;
(if conditions are agreed to in writing by the applicant); table for additional consideration;
or deny the plan. The , within 10 days after review, notify the , in writing, of the Planning Board's action and any conditions imposed by the Board. Unless otherwise stated by the , any conditions of development plan approval must be satisfied within the time specified by the . If the conditions on the development plan are accepted by the , the development plan be approved and the conditions be put in
writing, signed by both parties, and become binding.
Failure to comply with any conditions of approval set by the , including failure to meet deadlines, result in the development plan approval becoming null and void.
(4) The , only upon receipt of approval of the development plan from the , proceed with the establishment of erosion and sedimentation control measures, clearing and other land disturbing and improvement activities associated with the project. Development plan approval be valid for 2 , and the approval be annotated on the plan itself and certified by the . The , for just cause, grant extensions of development plan approval for a maximum of 2 additional . The plan have the date of approval and the date of notification to the or owner's agent specifying the conditions, if any, of the approval. Where the conditions involve the redesign of the plan, annotations be made on the "revised development plan" only, and approval not be effective until the plan is certified by the . development plan approval,
if the development plan is revised at a later date to affect any of the following: increase the number of building lots to be created or units to be constructed; create a substantive change in the
configuration, road layout, and the like; substantially change the use of any portion of the tract; develop or build in areas that were identified as features in the site analysis sketch or existing development plan as
or protected areas, these
be considered major plan amendments and must be approved by the
. The applicant shall submit a revised development plan to the
for Planning Board review and approval in accordance with this section. The Town of Mills River
provide mailed public notice and posted public notice on the subject property in advance of the
meeting at which the major amendment to the
plan will be considered, per § 153.010. Incidental changes or minor amendments may be approved by the
for just cause as long as the changes do not constitute a substantial deviation from the approved master plan. Minor amendments to a
development plan that can be approved by the
do not warrant public notice.
(D) submission and review. A , developed in conformance with Appendix 7, be submitted to the with the required forms and applicable fees. The include the entire or any thereof. The approve a plat for fewer than the number of approved but a surcharge be assessed. The review the for conformance with all applicable standards and conformance to the approved development plan. The be approved if the plan meets all requirements of the ordinance and satisfies all conditions imposed by the . If the is not approved, it must be submitted to the for approval. The submission must be made to the 15 days prior to the regularly scheduled meeting of the . Upon approval, and before any are transferred, the record the at the office of the Henderson County Register of Deeds. Incidental changes to the which do not in any way affect the character of the development be submitted prior to or after recordation and be approved for recordation by the . No governed by this chapter be sold or conveyed until a is approved and recorded in the office of the Register of Deeds of Henderson County.
(Ord. passed 3-1-2004; Am. Ord. passed 10-13-2005; Am. Ord. 2021-06, passed 4-22-2021; Am. Ord. 2022-03, passed 2-10-2022)