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This article sets out the review procedure used by the Town for each of the development application types subject to this Ordinance. The intent of these provisions is to:
A. Identify the steps in the review process for each type of application;
B. Increase predictability for applicants by standardizing the text describing the different development application review procedures;
C. Establish measurable review criteria for decision-makers to use in making a decision on an application; and
D. Comply with all applicable state and federal laws.
(Ord. 2020-36, passed 12-2-2019)
A. Article 2 is comprised of three main sections: how to use the article (Section 2.1, How to Use this Article), a section called "application review procedures" (Section 2.2, Application Review Procedures) that describes the application review procedures (in alphabetical order) for each type of development application, and an "application processing" (Section 2.3, Application Processing) section that explains the standardized process used by the Town in the review of an application.
B. Each application review procedure includes a procedural flowchart that depicts the steps in the review process (See Figure 2.1.2.B: Flowchart Example). Each step is sequentially numbered from the top (the beginning) to the bottom (the end). White boxes in the flowchart indicate actions of the applicant. Boxes with dashed lines show optional steps that may be undertaken by the applicant. Green boxes indicate actions of Town staff. Grey boxes show public meetings or legislative public hearings (as appropriate), and black boxes show quasi-judicial public hearings.
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A. The first step in the development review process is to determine the specific type(s) of development application to be submitted. Table 2.2, Application Review Procedures, describes all the application review procedures in this Ordinance and the review authorities who decide them.
B. The second step is to find the relevant application procedure in Section 2.2, Application Review Procedures, and review that information to better understand the steps and the criteria used in the decision-making process.
C. The third step is to review the application processing information in Section 2.3, Application Processing, to understand how the Town will process the application.
D. Step four is to review the Procedures Manual for application forms, submittal requirements, application fees, and application review schedules.
E. Applications that are not prepared, filed, and determined to be complete in accordance with this article and the Procedures Manual will not be processed by the Town.
(Ord. 2020-36, passed 12-2-2019)
Applicants who need additional information on how to file an application should schedule a pre-application conference with Town staff (see Section 2.3.2, Pre-application Conference) to better understand the review requirements and relevant procedural steps associated with their particular application.
(Ord. 2020-36, passed 12-2-2019)
Table 2.2, Application Review Procedures, lists the development application procedures (in alphabetical order), identifies the section of this Ordinance where the information may be found, whether or not a pre-application conference is required or is optional, and the review authority(ies) who review and decide the application type.
Pre-application Conference: "M" = Mandatory "O" = Optional "." = not applicable Type of Action: "R" = Recommendation "D" = Decision "A" = Appeal Table symbols: | | = Public Meeting < > = Legislative Public Hearing / \ =Quasi-Judicial Hearing [ ] = see Notes | |||||||
Review Procedure | Section Reference | Pre-application Conference | Review Authorities | ||||
Planning Director [1] | Technical Review Committee | Planning Board [2] | Board of Commissioners | Board of Adjustment |
Pre-application Conference: "M" = Mandatory "O" = Optional "." = not applicable Type of Action: "R" = Recommendation "D" = Decision "A" = Appeal Table symbols: | | = Public Meeting < > = Legislative Public Hearing / \ =Quasi-Judicial Hearing [ ] = see Notes | |||||||
Review Procedure | Section Reference | Pre-application Conference | Review Authorities | ||||
Planning Director [1] | Technical Review Committee | Planning Board [2] | Board of Commissioners | Board of Adjustment | |||
Annexation [3] | O | . | . | . | <D> | . | |
Appeal | O | . | . | . | . | /D\ | |
Building Permit | O | [4] | . | . | . | . | |
Certificate of Occupancy | O | [4] | . | . | . | . | |
Conditional Rezoning [2] | M | . | [6] | |R| | |D| | . | |
Construction Drawing | O | . | D | ||||
Development Agreement | M | . | . | . | <D> | . | |
Exempt Subdivision [5] | O | D | . | . | . | /A\ | |
Expedited Subdivision | M | D | . | . | . | /A\ | |
Final Plat | O | D | . | . | . | /A\ | |
Floodplain Development Permit | O | D | . | . | . | /A\ | |
Interpretation | O | D | . | . | . | /A\ | |
Non-Residential Site Plan | M | . | D | [2] | [2] | /A\ | |
Planned Development [2] | M | . | [6] | |R| | |D| | . | |
Reasonable Accommodation | M | /D\ | |||||
Residential Preliminary Plan | M | . | D | [2] | [2] | /A\ | |
Sign Permit | O | D | . | . | . | /A\ | |
Special Use Permit | M | . | [6] | . | /D\ | . | |
Temporary Use Permit | O | D | . | . | . | /A\ | |
UDO Text Amendment [2] | M | . | . | |R| | |D| | . | |
Variance | M | . | . | . | . | /D\ | |
Vested Rights Determination | M | . | . | . | <D> | . | |
Zoning Compliance Permit | O | D | . | . | . | /A\ | |
Zoning Map Amendment [2] | 2.2.25 | M | . | . | |R| | |D| | . |
NOTES: [1] The Planning Director may delegate review authority in accordance with Section 9.1.9, Delegation of Authority. [2] Applications subject to a recommendation by the Planning Board shall first be heard by the Board of Commissioners and the Planning Board in a joint legislative public hearing noticed in accordance with Section 2.3.6, Public Notice. Following the joint public hearing, the application is considered by the Planning Board during a public meeting and then by the Board of Commissioners in a second public meeting. Public meetings are not subject to public notification requirements in Section 2.3.6, Public Notice. [3] In the event land being annexed is also subject to another application (such as a zoning map amendment), the annexation shall be reviewed and decided prior to any subsequent application. [4] Building permits and certificates of occupancy are issued in cooperation with the Wake County Building Inspector. [5] The exempt subdivision review procedure is provided as a courtesy, and is not mandated. [6] The TRC shall conduct a preliminary review of a site or concept plan attached to an application prior to consideration by the Board of Commissioners. | |||||||
(Ord. 2020-36, passed 12-2-2019; Ord. 2024-10, passed 9-11-2023)
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