Section 155.5.5  Planning Board Review and Board of Aldermen Approval.
   Planning Board review and Board of Aldermen approval applies to the following:
   Major Site Plans
   155.5.5.1  Planning Board Review and Board of Aldermen Approval Flowchart.
 
   NOTE: For conditional use permit public hearings, Planning Board recommendations shall be submitted as evidence at the public hearing as specified in subsection 155.4.5.3.
   155.5.5.2  Application for Review. An applicant desiring to obtain site plan approval shall file with the UDO Administrator 18 copies of the site plan, together with a completed application form and the required fee as set forth in Section 155.2.9. The materials as required herein shall be filed not less than 30 days prior to the regular Planning Board meeting at which the application will be considered.
   155.5.5.3  Planning Staff and Technical Review Procedure.
   (A)   The UDO Administrator or his/her designee will review the site plan and may require the Technical Review Procedure as specified in Article 155.3, Part II. The plan will be reviewed for compliance with this Ordinance and all related plans and policies.
   (B)   The UDO Administrator shall submit all recommendations and comments resulting from the Technical Review Procedure at least five days prior to the Planning Board meeting at which the site plan is to be considered. Failure to submit a written recommendation and comment shall be deemed as a favorable review of the site plan.
   155.5.5.4  Review and Recommendation by the Planning Board.
   (A)   At the next regular meeting of the Planning Board following receipt of the materials specified in subsection 155.5.5.2, the Planning Board shall review and provide a recommendation on the site plan.
   (B)   The Planning Board shall have up to 45 days from the date of referral by the UDO Administrator to recommend approval, approval with conditions, or denial of the request to the Board of Aldermen.
   155.5.5.5  Consideration by the Board of Aldermen.
   (A)   Upon receipt of a recommendation from the Planning Board, the Board of Aldermen shall consider the application. For conditional use permits and vested rights requests, quasi-judicial evidentiary public hearings shall be held. Notice of public hearings shall be given as specified in subsection 155.4.4.6.
   (B)   Following public hearing (where appropriate), the Board of Aldermen shall approve, approve with conditions, or deny the request. Alternatively, the Board of Aldermen may suspend the review period and request additional information of the applicant, other governmental agencies, or interested/affected parties in order to aid in the review of the request or deferral of its consideration.
   (C)   Following denial by the Board of Aldermen, the applicant may file a new application and associated fee. Unless the Board of Aldermen explicitly states conditions that must be met prior to the resubmission of an application, the applicant shall not submit a new application for the same property within one (1) year of the date of denial by the Board of Aldermen unless the application is significantly different from the previously denied application. All applications shall be resubmitted for full review unless the application is resubmitted to address conditions set forth by the Board of Aldermen for reapplication.
   155.5.5.6  Permit Issued. If the plan is found to meet all of the applicable regulations of this Ordinance, then the Board of Aldermen shall approve issuance of a zoning permit for the project.
   155.5.5.7  Zoning Inspections and Certificates of Occupancy. Prior to the issuance of a Certificate of Occupancy by the UDO Administrator, the UDO Administrator or his designee shall conduct a final zoning inspection to ensure that the approved plan has been followed and all required improvements have been installed to town standards.
(Ord. 1695, passed 11-8-12)