(A) A high density development permit shall be required for new development exceeding the requirements of the low density option.
(B) Application for a high density development permit shall be addressed and submitted to the Town Council through the Watershed Administrator. Application for a high density development permit shall be made on the proper form and shall include the following information:
(1) A completed high density development permit application signed by the owner of the property. The signature of the consulting engineer or other agent will be accepted on the application only if accompanied by a letter of authorization;
(2) Ten reproducible copies of the development plan within the drainage basin including the applicable information listed in Appendix A: Application Forms, Subdivision Plat Checklist and detailed information concerning built-upon area;
(3) Ten reproducible copies of the plans and specifications of the storm water control structure consistent with § 152.122;
(4) When required by law, written verification that a Soil Erosion and Sedimentation Control Plan has been approved by the appropriate state or local agency; and
(5) Permit application fees consistent with § 152.125.
(C) Prior to taking final action on any application, the Board or the Watershed Administrator may provide an opportunity to public agencies affected by the development proposal to review and make recommendations on the application; however, failure of the agencies to submit their comments and recommendations shall not delay the Board’s action within the prescribed time limit.
(D) Upon receipt of a completed application, the Town Council shall hold a public hearing. Notice of the hearing shall be published in a newspaper of general circulation at least seven days prior to the date of the hearing. The notice shall state the location of the building, lot or tract in question, the intended use of the property, the need for engineered stormwater controls and the time and place of the hearing. At the hearing, the applicant or designated representative thereof shall appear for the purposes of offering testimony and recommendations concerning the application. The Board shall also allot reasonable time for the expression of views by any member of the public attending the meeting in person or represented by an attorney provided the testimony bears on the findings the Board must make.
(E) (1) The Town Council shall issue a high density development permit within 65 days of its first consideration upon finding that the proposal is consistent with the applicable standards set forth in the Watershed Protection Ordinance, and the following conditions are met:
(a) The use will not endanger the public health or safety, if located where proposed and developed according to the plan as submitted and approved;
(b) The use minimizes impacts to water quality through the best management practices, cluster development and/or maximum setbacks from perennial waters;
(c) The use is vital to the continued growth and economic development of the town; and
(d) The use is consistent with the officially adopted land development plans for the town.
(2) If the Town Council finds that any one of the above conditions is not met, the Board shall deny the application.
(F) In addition to any other requirements provided by this subchapter, the Board may designate additional permit conditions and requirements to assure that the use will be harmonious with the area in which it is proposed to be located and with the spirit of this chapter.
(1) All additional conditions shall be entered in the minutes of the meeting at which the permit is granted, on all plans and on the permit certificate.
(2) All conditions so imposed shall run with the land and shall be binding upon the applicant and the applicant’s heirs, successors or assigns during the continuation of the permitted use.
(G) The Board shall issue a written ruling and make copies available at the office of the Watershed Administrator and the Town Clerk.
(1) If the Board approves the application based on its findings, such approval shall be indicated on the permit and all copies of the site plan and all copies of the plans and specifications of the storm water control structure(s).
(3) A copy of the permit and one copy of each set of plans shall be kept on file at the Watershed Administrator’s office.
(4) The original permit and one copy of each set of plans shall be delivered to the applicant either by personal service or registered mail, return receipt requested.
(Ord. passed 4-5-2010; Ord. passed 5-3-2021)