Sec. 59-D-3.7. Amendment of a site plan.

   (a)   The owner of the property to which a certified site plan applies may apply at any time for an amendment to the plan.  Each application must show every proposed amendment, in a format approved by the Planning Board, on a copy of the certified site plan.  The amendment process required in this Section is the only way a certified site plan may be modified.

   (b)   The Planning Board may approve any proposed site plan amendment after holding a public hearing, except as provided in subsection (c) and (d).

   (c)   The applicant must post a conspicuous notice of each proposed amendment within 3 days after filing the application with the Planning Director at one or more places and in a form and content approved by the Planning Director.  The applicant also must send written or electronic notice, in a form and content approved by the Planning Director, within 10 days after filing the application, to:

      (1)   each person who received notice of the hearing that the Planning Board held before the site plan was approved;

      (2)   the owner and (if known or reasonably identifiable by the applicant) any contract purchaser of each adjoining and confronting property; and

      (3)   each registered civic organization in the area of the property, as determined by the Planning Director.

If a person to whom notice was sent under this subsection, or any other affected person as defined by Planning Board regulations, has not filed a written or electronic request for a public hearing within 15 days after the notice is sent, the Planning Board may act on the amendment without holding a hearing.

   (d)   The Planning Director may approve in writing any application for an amendment to a site plan approved by the Planning Board, for which notice was provided under subsection (c), if the amendment:

      (1)   does not:

         (A)   increase the height of any building,

         (B)   increase the floor area of any non-residential building,

         (C)   increase the number of dwelling units, or

         (D)   prevent circulation on any street or path, and

      (2)   modifies one or more of the following elements of the approved site plan;

         (A)   a parking or loading area;

         (B)   landscaping, a sidewalk, recreational facilities, recreational area, public use space, or green area in a manner that does not alter basic elements of the plan; or

         (C)   any other plan element that will have a minimal affect on the overall design, layout, quality, or intent of the plan.

   (e)   The Planning Board Chair or the Board’s designee must sign any Board resolution that amends a certified site plan.  The Chair must forward each approved amendment to the Department immediately after signing it.

(Legislative History: Ord. No. 9-39, § 1; Ord. No. 12-59, §§ 3, 4; Ord. No. 15-63, § 3; Ord. No. 16-11, § 1.)

   Editor’s note—Ord. No. 15-63, § 6, states: Except as provided in this Section, this ordinance takes effect on April 1, 2006. Sections 59-D-3.1, 59-D-3.2, and 59-D-3.4, as amended by this ordinance, apply to any site plan that the Planning Board approves on or after April 1, 2006.  Sections 59-D-3.23 and 59-D-3.3, as amended by this ordinance, apply to any site plan for which an application is filed with the Planning Board on or after May 1, 2006.  Sections 59-D-3.0, 59-D-3.5, 59-D-3.6, 59-D-3.7, and 59-D-3.8, as amended by this ordinance, apply to all site plans approved at any time before or after April 1, 2006.

   For site plans and project plans approved prior to July 18, 1994, which remain valid, the validity period and procedural requirements and limitations for plan extensions are as established under this ordinance.