§ 3.05.00. Procedures for major development plan review.

All major developments must be submitted to the technical review process by the town manager, town engineer, fire safety personnel and, if determined necessary or appropriate by the town manager, the town attorney and/or the town planner. Minor developments need not be submitted to this review provided the town manager and town engineer determine that it complies with all requirements of this Code.

A.

Developer shall file completed checklists and development plans with the town manager, or designee, as a prerequisite to obtaining technical review.

B.

Within seven working days of receipt of an application for review, the town manager shall:

1.

Determine that the application is incomplete and inform the developer, in writing, as to the deficiencies. The developer shall submit an amended application within 30 working days to maintain the application's relative position and priority for plan review; or

2.

Determine that the submittals are complete as received and proceed with review procedures.

C.

The complete application shall be made available to those performing the technical reviews.

D.

Upon completing their review, those involved in the technical review process shall communicate their findings to the town manager who shall communicate same to the applicant. Such findings should be in writing and, at a minimum, include:

1.

Impact on concurrency requirements and level of service standards (LOS) if different from the LOS analysis submitted by the applicant.

2.

Conformity of the proposed development with the comprehensive plan, this Code and other applicable regulations with emphasis on any item(s) requiring correction, modification, clarification, explanation or attention by the applicant prior to the approval process proceeding.

E.

Once the applicant has made any corrections or modifications required by this Code and identified during the technical review, the town manager shall prepare a report on the proposed development and submit same to the town council and the applicant.

F.

Upon receipt of the town manager's report, the town council shall schedule a time to hear the applicant's request and proposal. At the discretion of the council, a workshop may be held to carefully review and discuss the proposed development with the applicant and other parties. Following the workshop meeting, if any, the council shall then hear and consider the application at a regular or special meeting of the town council.

G.

Following any required public notice or public hearing, the town council shall either accept and approve, reject or accept and approve with modifications the application for development approval.

1.

If the application is approved, the council shall instruct the town manager to authorize the issuance of a preliminary development order.

2.

If the proposal is approved with modifications, a preliminary development order may be authorized by the town manager upon receipt of the modifications from the applicant.

3.

If the proposal is disapproved in the development review process, the developer may resubmit a proposal for technical review within 60 days and retain in-line priority consideration for such services as sewage and water capacity allocations. If the proposal fails to be approved during the second scheduled Development review procedure, all earlier submittal dates are voided.

(LDC Ord. of 1-9-2014)