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(a) Development plan.

(1) Pre-application consultation with the Town Manager. Applicants shall meet with the Town Manager to review the zoning classification of the site, review the regulatory ordinances and materials, review the procedures and examine the proposed use and development of the property. The Town Manager shall aid and advise the applicant in preparing the application and supporting documents as necessary.

(2) Application.

a. Town Manager. The applicant shall submit to the Town Manager:

1. Two (2) copies of the written application form;

2. Two (2) copies of the existing conditions plan;

3. Two (2) copies of the development plan; and

4. As well as two (2) copies of all necessary supporting documents and materials.

b. Initial review of the application and supporting documents and material.

1. Town Manager. Following the receipt of the written application, development plan, and necessary supporting documents and/or materials, the Town Manager shall review the materials for the sole purpose of determining whether the application is complete and in technical compliance with all applicable ordinances, laws and regulations. If in compliance, the applicant shall submit eight (8) copies of the information submitted to the Town manger for the Plan Commission review.

2. Plan Commission. Following the receipt and technical compliance of the written application, development plan, and necessary supporting documents and/or materials, the Town Manager shall place the application on the agenda of the Plan Commission.

c. Submittal to the Plan Commission.

1. If the materials submitted by the applicant are not complete or do not comply with the necessary legal requirements, the Town Manager shall inform the applicant of the deficiencies. Unless and until the Town Manager formally accepts the application as complete and in technical compliance, it shall not be considered formally filed for the purpose of proceeding to succeeding steps toward approval as hereinafter set forth.

2. If the materials submitted by the applicant are determined to be complete and in compliance, the Town Manager shall forward the materials to the Plan Commission. Within thirty (30) days of the formal acceptance of the development plan application, the Town Manager shall formally file the application by:

i. Assigning a docket number; and

ii. Placing it upon the agenda of the Plan Commission.

(3) Fees. Fees are set forth in the Town schedule of fees.

(4) Public meeting action by the Plan Commission. The development plan shall be reviewed and approved or disapproved at a public meeting of the Plan Commission.

(5) Review. The Plan Commission shall review a development plan to determine if the development plan:

a. Is consistent with the comprehensive plan; and

b. Satisfies the development requirements specified in this zoning ordinance.

(6) Approval.

a. In determining whether approval shall be granted, the Plan Commission shall consider generally if the development plan:

1. Creates and maintains a desirable, efficient and economical use of land with high functional and aesthetic value, attractiveness and compatibility of land uses, within the zoning district and with adjacent uses;

2. Provides sufficient and well-designed access, parking and loading areas;

3. Provides traffic control and street plan integration with existing and planned public streets and interior access roads;

4. Provides adequately for sanitation, drainage, and public utilities; and

5. Allocates adequate sites for all uses proposed, the design, character, grade, location and orientation thereof being appropriate for the uses proposed, logically related to existing and proposed topographical and other conditions, and consistent with the comprehensive plan.

b. In determining whether approval shall be granted, the Plan Commission may:

1. Impose conditions on the approval of a development plan if the conditions are reasonably necessary to satisfy the development requirements specified in the zoning ordinance.

2. Provide that approval of a development plan is conditioned on furnishing to the Plan Commission a bond or written assurance that:

i. Guarantees the timely completion of a proposed public improvement in the proposed development; and

ii. Is satisfactory to the Plan Commission.

3. Permit or require the owner of real property to make a written commitment.

c. Time Limit. An approved development plan shall be valid for two (2) years from the date of approval. Upon written application to the Town Manager before the expiration of said approval, and upon good cause shown, the Plan Commission may extend the approval for a period not to exceed six (6) months upon each request.

d. Alteration of plan. If the development plan is substantially or materially altered in any way, resubmission and approval by the Plan Commission is required.

e. Findings-of-fact. The Plan Commission shall make written findings concerning each decision to approve or disapprove a development plan.

(Ord. No. 1483, § 1, 1-15-09; Ord. No. 1500, § 1, 9-24-09)