A.
Definition of a development plan: A plan for the development of one or more lots, parcels, tracts, or properties on which is shown the existing and proposed conditions, including, but not limited to, topography, vegetation, drainage, floodplains, wetlands, waterways, landscaping and open spaces, walkways, exits and entrances, circulation, utility services, lot lines, easements, structures and buildings, signs, lighting, parking, screening, surrounding development, and any other information that may be reasonably required so that the Town can make an informed decision.
B.
Purposes. The purpose of a development plan is to:
(1)
Guide the growth and development of the Town in accordance with the Comprehensive Plan and this chapter.
(2)
Set up procedures for the submission, review, and approval of development plans.
(3)
Encourage an orderly layout of land uses.
(4)
Ensure that existing or planned public facilities have, or will have, sufficient capacity to service proposed developments.
(5)
Minimize and manage the impact of development on air, water, and other natural resources.
(6)
Provide for open space especially in new developments.
C.
When required; exceptions.
[Amended 11-18-2014 by Ord. No. 315; 10-9-2018 by Ord. No. 354]
(1)
Development plan approval is required:
(a)
Prior to the development of any property.
(b)
Prior to the recording of any subdivision or land development plat.
(c)
Prior to the establishment, erection or enlargement of the following structures or uses.
[1]
General business, professional office or industrial buildings.
[2]
Multifamily dwellings containing three or more dwelling units.
[3]
Churches, temples, and synagogues.
[4]
Schools and other public buildings.
[5]
Mobile home parks.
[6]
Docks, piers, bulkheads or other over-water structures except for private piers accessory to a dwelling.
[7]
The subdivision or the combining of land into two or more parcels, lots or sites for the purpose of offer, sale, lease, or development.
(3)
Exception: when the proposed use is a permitted use in an existing building or structure that has previously been subject to development plan review, requires no alterations, additional parking, or the construction or extension of public utilities or streets.
D.
Plan submission.
(1)
Development plans shall be submitted to the Administrative Official by the 15th day of the month prior to the month in which the plan will be considered by the Planning and Zoning Commission. Submission of development plans shall occur within six months of preparation of the plans.
[Amended 11-18-2014 by Ord. No. 315]
(2)
Each applicant for development plan approval shall submit the required number of paper copies of the plans, drawings, and supporting materials and one electronic/digital copy as determined by the Administrative Official.
(3)
The Administrative Official may provide forms to facilitate application processing.
(4)
The Administrative Official shall review each application for technical completeness. Incomplete applications shall not be processed until all required information has been provided.
(5)
The Administrative Official shall refer the plans, drawings, and supporting materials to the Planning and Zoning Commission.
E.
Duration, revocation, and extensions.
[Amended 11-18-2014 by Ord. No. 315]
Item | Concept Plan | Preliminary Land Development Site Plan | Final Land Development Site Plan | Recorded Land Development Site Plan |
|---|---|---|---|---|
The approval or recordation of a land development site plan activates the start of the period for which the plan is valid. | N/A | 12 months | Must be recorded within 90 days of approval | 2 years |
Number/duration of extensions permitted, provided that the applicant can demonstrate that delays were beyond his/her control | N/A | 1 extension not to exceed 6 months | 1 extension for a maximum of 60 days | 2 extensions for a maximum of 6 months each |
F.
Phased developments.
(1) COMMENCEMENT OF CONSTRUCTION GOOD CAUSE
Definitions. For purposes of this subsection, the following definitions shall apply.
Completion of at least 10% of the site improvements, excluding road construction, within one year after the date of final approval by the Town, pursuant to any and all required permits. The following costs will not be considered in determining the ten-percent threshold: land purchase and financing costs; engineering and legal expenses/fees paid; review, filing, and recordation fees; and construction costs for buildings, including permit fees.
Facts that reasonably demonstrate that the owner/developer has been delayed from starting construction by events or causes largely beyond his reasonable control, coupled with a showing that the owner/developer has made substantial efforts and expenditures in a good faith attempt to begin construction.
(2)
The Town may approve a development plan that calls for construction of a project in phases.
(3)
A phasing plan shall be submitted that is for the entire development project and shall establish a timetable for the construction of each phase of the project.
(4)
Effect of changes in chapter. Provided that the developer or applicant complies with the approved timetable, all phases of the development plan shall be subject to and governed by the land use and development standards in effect at the time of obtaining final approval of the entire development plan and by the conditions accompanying that final approval. In such circumstances, each phase may, at the option of the subdivider, be treated as a separate subdivision or land development for purposes of applying the standards of this chapter (e.g., subdivision improvements, construction agreement, completion and maintenance bonds, completion and dedication of public improvements).
(5)
Failure to meet phasing plan provisions. If a developer fails to obtain approval of a timetable for phased development, or, having obtained such approval, fails to comply with the approved timetable, where construction has not commenced (as defined above) in at least one phase before the expiration of three years from the date of final development plan approval for the entire subdivision/land development or within one year of the date that construction was scheduled to commence in a particular phase under the approved timetable, approval for such phase(s) shall lapse and become void.
(6)
Extension authorized. Prior to the expiration of an applicable time limit, a developer or applicant may apply in writing to the Town for an extension of time to begin construction, and/or a modification of the approved timetable. The Town shall grant such extension request for good cause.
(7)
Advancing to subsequent development phases. In order to begin construction of improvements in a subsequent phase of an approved phased development plan, at least 70% of all improvements shall have been completed and approved by the Town in all prior phases project.


