(A) Development plan review required. With the exception of single-family residential development, any new development or an addition to an existing structure requires development plan review.
(1) Development plan review by the PPC. At a public meeting, the PPC shall review development plans for:
(a) New development; and
(b) Additions to existing primary structures that increase the total square footage by 30% or more.
(2) Administrative development plan review by staff. Staff shall administratively review development plans for:
(a) Additions to existing primary structures that increase the total square footage by less than 30%; and
(b) Accessory structures.
(B) Approval process. Development plan application. The applicant shall complete and submit a development plan application for review and consideration by the PPC in accordance with the appropriate application form adopted by the PPC as part of its rules and procedures.
(1) The PPC, acting as a committee of the whole, shall hold a public meeting relating to the application in accordance with its rules and procedures.
(2) At the public meeting, the PPC shall review the particular circumstances and facts applicable to the proposed project in terms of the standards and requirements as detailed of the zoning ordinance and shall make a determination as to whether the proposed project meets the standards set forth below:
(a) Compatibility of the development with surrounding land uses.
(b) If the application is consistent with the comprehensive plan.
(c) Availability and coordination of water, sanitary sewers, storm water drainage, and other utilities.
(d) Management of traffic in a manner that promotes conditions favorable to health, safety, convenience, and the harmonious development of the community. This development requirement shall ensure that the:
1. Design and location of the proposed street and highway access points minimize safety hazards and congestion.
2. Capacity of adjacent streets and highways is sufficient to safely and efficiently accept traffic that will be generated by the new development.
3. Entrances, streets, and internal traffic circulation facilities in the development plan are compatible with existing and planned streets and adjacent developments.
4. The safety and convenience of both vehicular and pedestrian circulation on-site, with appropriate tie-ins to adjacent public circulation systems.
5. Adequate accessibility for emergency vehicles.
(e) Specific development requirements set forth in the zoning ordinance and the development requirements and technical design standards set forth in the subdivision control ordinance.
(f) The location and design of driveways providing vehicular ingress to and egress from the site, in relation to streets giving access to the site, and in relation to pedestrian traffic.
(g) The arrangement of uses on the site in relation to functional, efficient, and compatible arrangements with the site and also to adjacent uses.
(h) The PPC may further require landscaping, fences, and walls in pursuance of these objectives and they shall be provided and maintained as a condition of the establishment and continued maintenance of any use to which they are appurtenant.
(i) The cost estimates as required in this section may be reviewed by the appropriate county officials, town officials and/or consultants. These reviews and recommendations shall be forwarded to the PPC for the inclusion in any approved development plan.
(j) The PPC may waive development plan information for topography, vegetation, problem soils, landscaping, employment data, environmental considerations, etc., when such concerns are obviously not pertinent to the proposed development.
(k) The PPC may seek and consider the input from any public officials, public bodies, and/or outside consultants as part of the development plan review process, prior to approving, disapproving, or approving with conditions, the development plan.
(3) Consideration. If after the public meeting and subsequent review of this project, the PPC, acting as a committee of the whole, finds that the proposed development meets the standards set forth in this chapter necessary for approval, the PPC shall grant the applicant development plan approval. The development plan(s), all supplementary data, together with minutes of any meetings and/or hearings related to the applications shall become part of the official development plan file.
(4) Direct appeal to the full Commission. If the applicant or any other interested person is aggrieved or adversely affected by a non-final zoning decision made by the committee of the whole as described above, then the applicant or interested person may appeal the non-final decision directly to the PPC. An applicant or interested person who wishes to appeal a non-final zoning decision must file the appeal not later than five days after the date the decision is made, and the PPC shall then hold a public hearing and render a final decision on the application in accordance with its rules and procedures. If no appeal of a non-final decision is filed within five days after the date the decision is made, then that decision shall be considered as duly approved by the full PPC and treated as a final zoning decision, upon the later of either:
(a) Ten days after the date the non-final decision was made; or
(b) Compliance by the applicant with any requirements imposed pursuant to division (C) below.
(C) Performance guarantees. To ensure compliance with all development plan standards and any conditions imposed thereunder, the PPC may require that a cash certified check, irrevocable bank letter of credit, or surety bond acceptable to the town, equaling 110% of the PPC's estimated cost of improvements associated with a project for which development plan approval is sought, be deposited with the town to ensure faithful completion of the improvements and also be subject to the following:
(1) The performance guarantee shall be deposited prior to the onset of any construction, clearing of land or earth moving related to the development plan. The town may establish procedures whereby a rebate of any cash deposits in reasonable proportion to the ration of work completed on the required improvements will be make as work progresses. Any partial release of funds shall be less than 10%, which shall be retained by the town until all work has been completed and subsequently inspected and approved by the town or its agents. This does not relieve the applicant from satisfying all applicable maintenance warranties and/or guarantees necessary to ensure proper functioning of said public improvements.
(2) As used in this section, "improvements" mean those features and actions associated with a project, which are considered necessary by the PPC, to protect natural resources, or the health, safety, and welfare of the residents of the town and future users or inhabitants of the proposed project or project area, including roadways, lighting, utilities, sidewalks, screening, landscaping, and surface drainage, improvements do not include the entire project, which is the subject of development plan approval.