(a)
Initiation of application.
(1)
Initiation by owner or owner's designated agent.
(A)
Unless otherwise provided by this Subdivision Ordinance, any petition or Application may be initiated only by the property owner, owner of an interest in the land, or by the owner's designated agent.
(B)
If the Applicant is a property owner's designated agent, the Application shall include a written statement from such property owner authorizing the designated agent to file the Application on the owner's behalf.
(C)
Town Staff may require submission of documents, such as an affidavit from the owner, to provide evidence of ownership or agency.
(b)
Waiver of application information.
Town Staff, in its sole discretion, may initially waive the submission of any information in the Application and accompanying materials that are not necessary due to the scope and nature of the proposed activity.
(c)
Universal application contents.
(1)
Application forms generally: The Town Staff is hereby authorized to prepare Application Forms that include information requirements, checklists, architectural or engineering drawing sizes, Applicant contact information, and any other information necessary to show compliance with Town codes and ordinances.
(2)
All Application Forms are available at Town Offices or on the Town's official website. Application Forms may change from time to time.
(d)
Universal application fees.
(1)
Every Application shall be accompanied by the prescribed fees set forth in the Town's adopted Fee Schedule, which is available upon request from Town Staff and shall be available on the Town's official website.
(2)
The prescribed fee shall not be refundable, except when the Town Council waives the Application fee for resubmission of an approval that was denied.
(3)
The Fee Schedule may be amended from time to time per procedures established by the Town Council.
(e)
Payment of all indebtedness attributable to the subject property.
(1)
No Application shall be accepted or reviewed for completeness from a person, developer, applicant, or entity that owes (as determined by the Town) delinquent taxes, assessments, fees, or outstanding invoices, or is otherwise indebted to the Town until such taxes, assessments, debts, or obligations shall have been fully discharged by payment, or until an arrangement, as determined to be satisfactory by the Town Staff at its sole discretion, has been made for the payment of such taxes, assessments, debts or obligations.
(2)
It shall be the Applicant's responsibility to provide evidence or proof that all delinquent taxes, assessments, fees, outstanding invoices, or other obligations have been paid, or that other arrangements have been made for payment of said taxes, assessments, fees, outstanding invoices, or other obligations.
(f)
Modification of application.
The Applicant may only modify a complete Application following its Official Submission Date, the date at which a complete application is accepted by the Town Staff, and prior to a required 30 calendar day decision requirement for the Commission's decision under the following circumstance:
(1)
Modifications requested by the town.
If the modification is for revisions requested by the Town, and the modification is received at least ten (10) business days prior to the time scheduled for decision on the Application, then the Application shall be decided within the period for decision prescribed by this Subdivision Ordinance.
(g)
Action by town staff.
(1)
Circulate and compile comments.
After the determination of completeness of an Application has been established (the Official Submission Date), the Town Staff shall circulate the Application to all Administrative Officials and departments whose review is recommended for approval by Town Staff to be required for a decision on the Application and shall compile the comments and recommendations of all Administrative Officials in a written report.
(h)
Forward application and provide notification.
(1)
The Town Staff shall forward the Application to the decision-making officials (the Commission or the Town Council, as applicable) including the written report containing the compilation of any comments and recommendations by all Administrative Officials.
(2)
The Town Staff also shall prepare required notices and schedule the Application for decision within the time and in the manner required by this Subdivision Ordinance.
(i)
Action.
(1)
The Commission and the Town Council shall approve or deny the Application within the time prescribed by this Subdivision Ordinance.
(2)
Unless otherwise prescribed by law, where final approval is a board, the Commission or the Council, the Application shall be decided by majority vote of a quorum of the members of the board, the Commission, or the Council.
(j)
Conditions.
The Town may attach such conditions to the approval of an Application as are reasonably necessary to ensure compliance with applicable requirements of this Subdivision Ordinance.
(Ordinance 25-016 adopted 11/10/2025)