(A) Plan Commission. The Plan Commission shall review development plans.
(B) Pre-application conference. Prior to filing any application for development plan approval, the prospective applicant should request a pre-application conference with the Joint Planning and Building Department staff. Such a request should include a general description of the nature, location, and extent of the proposed project and a list of any professional consultants assisting the applicant in respect to the development plan. The pre-application conference is intended to decrease costs for the applicant by eliminating any problems involved in the early stages of the development process.
(C) The formal application.
(1) Staff review.
(a) Upon submission of the formal application, development plan, and all other required materials, to the Plan Commission, the Building Commissioner shall initiate an administrative review of the request by all affected town and/or county departments, the results of which shall be reported to the Plan Commission for its consideration.
(b) The town’s Utility Department shall review the drainage plan and submit a written report to the Plan Commission. The County Engineer, as may be applicable, may require additional information or documentation from the applicant, if necessary, to adequately review the drainage plan.
(2) Plan Commission review.
(a) Upon receiving the application, a development plan, staff report, and associated documents from the Planning Commissioner, the Plan Commission shall review the request based upon:
1. Consistency with the minimum development standards established by this chapter;
2. Compatibility with surrounding structures and land uses;
3. The design standards established in the Plan Commission’s rules of procedure; and
4. General planning, zoning, and engineering standards established by the comprehensive plan, zoning ordinance, subdivision regulations, and other applicable town ordinances.
(b) After considering the potential impacts of the proposed project on the character of the neighborhood, traffic conditions, public utility facilities, and such other matters pertaining to the general health, welfare, and safety of the town, in light of the above referenced criteria, the Plan Commission shall render a decision on the application, either denying it, approving it, or approving it with specific stated conditions. During its review, the Plan Commission may consider comments from interested parties on the application. The Executive Committee may also continue its review from time to time as it may deem necessary.
(3) Appeal from Plan Commission decision. Any person aggrieved of any decision of the Plan Commission in exercising its authority to review and approve development plans, or any officer or department of the government effected by any decision of the Plan Commission, may appeal that decision, providing that the appeal is submitted in writing to the office of the Building Commissioner no later than ten calendar days following the date of the Plan Commission’s decision. Upon the receipt of such an appeal, the staff of the Building Commissioner shall place the appeal upon the Plan Commission’s next agenda for its consideration.
(D) Modifications to an approved development plan.
(1) An approved development plan may be amended upon written application to the Building Commissioner.
(2) The Department shall review the proposed modifications to certify whether they comply with all standards and requirements of the zoning ordinance and that no substantial deviation from the approved development plan has occurred. A SUBSTANTIAL DEVIATION shall include, but is not limited to:
(a) Modification of building locations which would affect setback distances or buffering from adjacent property;
(b) Relocation of an access point to the site;
(c) A major redesign of the parking areas and/or vehicular use areas; and
(d) Fundamental change in the overall concept of the development. If the Department determines that the proposed modification is inconsistent with the standards and requirements of the Zoning Ordinance, or a substantial modification exists, the modified development plan must be resubmitted for approval to the Plan Commission prior to the issuance of an Improvement Location.
(3) If the Plan Commission determines that the proposed modification is consistent with the standards and requirements of the zoning ordinance, and that a substantial deviation does not exist, then the Department may approve the modified development plan and issuance of improvement location permits may occur.
(Ord. 01-04-01, passed 4-10-2001)