§ 5.4. TOWN COUNCIL APPROVAL UPON PLANNING BOARD REVIEW AND RECOMMENDATION—MAJOR SITE PLAN OR MAJOR SUBDIVISION PRELIMINARY PLAT.

Town Council Approval Upon Planning Board Review and Recommendation applies to the following:

• Major Site Plans. Includes all site plans for projects not meeting the requirements for a minor site plan.

• Major Subdivision Preliminary Plats. Includes all subdivisions not meeting the requirements for a minor subdivision.

5.4.1. Town Council Review and Approval Flowchart.

NOTE: A certificate of occupancy cannot be issued nor a lot conveyed without final plat

5.4.2. Development Permit Application/Zoning Verification.

A development permit application shall be submitted and zoning compliance verified by the UDO Administrator. If the zoning is in compliance, the applicant may proceed with submittal of site plan, plats, or drawings. If the proposed development is not zoning compliant, the applicant must request a rezoning (see Section 4.6) or a variance (see Section 4.10.2) before proceeding with site plan, plat, or drawing submittal.

5.4.3. Major Site Plan, Major Subdivision Preliminary Plat, or Construction Drawings Submitted for Review.

All major site plans and major subdivision preliminary plats shall be submitted in accordance with Sections 5.5 through 5.7, as applicable, and shall be accompanied by the completed application and payment of a fee as adopted by the Town Council (see Section 2.8). All major site plans and major subdivision preliminary plats shall be submitted 21 days in advance of the Planning Board meeting at which they are to be reviewed.

5.4.4. Staff Review.

The UDO Administrator may require that the plan be circulated to relevant governmental agencies and officials for comments and recommendations. The reviewing agencies and officials may include, but not necessarily be limited to, those listed in Section 5.3.5.

5.4.5. Review and Approval by the Town Council Upon Planning Board Recommendation.

5.4.5.1. Following a complete review by the staff, the UDO Administrator shall schedule the application for review by the Planning Board at the next regularly scheduled meeting.

5.4.5.2. The Planning Board shall forward its recommendation to the Town Council within 45 days of reviewing the application. If a recommendation is not made within 45 days, the application shall be forwarded to the Town Council without a recommendation from the Planning Board. If changes are made to the preliminary plat after the Planning Board meeting, other than the changes noted by the Planning Board as a condition of approval, then the preliminary plat has to go back before the Planning Board for review and a recommendation.

5.4.5.3. Once the comments of the Planning Board have been made, or the 45-day period elapses without a recommendation, the Town Council shall consider the application at its next regularly scheduled meeting. The Council may recommend approval, approval with conditions, or denial of the request. Alternatively, the Town Council may suspend the review period for a specific number of days 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. The submittal of additional information does not restart the initial 45-day review period.

5.4.6. Approval.

All required local, state, and/or federal permits must be obtained prior to the approval of the site plan or final plat. If the site plan or final plat is found to meet all of the applicable regulations of this Ordinance, then the UDO Administrator shall issue a zoning permit for site plans or approve final subdivision plats.

5.4.7. Town Council Denial.

Following denial by the Town Council, the applicant may file a new application and associated fee. Unless the Town Council 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 six monthsof the date of denial by the Town Council unless the application is significantly different from the previous denied application. All applications shall be resubmitted for full review unless the application is resubmitted to address conditions set forth by the Town Council for reapplication.

(Ord. of 10-9-2018)