It is unlawful for any person to undertake, conduct or use, or cause to be undertaken, conducted or used, any development without having first complied with the provisions of this Chapter and having obtained approval and a development permit from the Town.

(Ord. 04-20 §2)

(a)

Unless waived in writing by the Town Manager, the applicant shall meet with the Town Planner prior to submission of a development application. The Town Planner may invite pertinent staff and outside reviewing agencies to attend the preapplication conference.

(b)

The purpose of this conference is to acquaint the Town with the applicant's intentions and to acquaint the applicant with the substantive and procedural requirements of this Chapter and other applicable standards and requirements.

(c)

The applicant shall be prepared to discuss the proposed application at the preapplication conference. The applicant shall be encouraged to provide a concept plan and/or a drawing of the proposed development, building, topographical maps and other information pertinent to the proposed development. Such drawings and materials should be provided to the Town Planner a minimum of seven (7) days prior to the preapplication conference.

(d)

Following the preapplication conference, the Town Planner shall classify the request as either a Level I, II, III or IV Development application. Any request not clearly included in one of the classifications set forth in Section 16-2-30 shall be classified by the Town Manager.

(Ord. 04-20 §2)

(a)

Level I. The following development types shall be considered Level I developments:

(1)

Remodel of a residential building containing a single dwelling unit.

(2)

Home occupations.

(3)

Tenant finish or remodel of one (1) unit in a commercial, office, and/or industrial structure.

(4)

Deck for a single family home or duplex.

(5)

Roof or siding replacement without structural modifications.

(6)

Hot tub or swimming pool at a single family home or duplex.

(7)

Fence.

(8)

Shed or accessory structure with a footprint less than or equal to two hundred (200) square feet.

(9)

Window or door replacement without structural modifications.

(10)

Solar panel mounted on roof.

(b)

Level II. The following development activities shall be considered Level II developments:

(1)

Shed or accessory structure greater than two hundred (200) square feet in an area zoned residential.

(2)

Roof or siding replacement with structural modifications.

(3)

Antennae replacement on an approved telecommunication tower.

(4)

Addition of one (1) or more antennae(s) to an approved telecommunication tower.

(5)

Remodels of residential buildings containing greater than one (1) dwelling unit (e.g. remodel of a condominium building).

(6)

Addition to a residential building.

(7)

New single-family structure.

(8)

New duplex.

(9)

Window or door replacement with structural modifications.

(10)

Replacement of existing hot tub and/or swimming pool associated with any commercial, office, industrial, or multi-family residential building.

(11)

Replacement of outdoor patio or deck on commercial, office, industrial, or multi-family residential building.

(12)

Accessory dwelling unit.

(c)

Level III. The following development activities shall be considered Level III developments:

(1)

New multi-family residential building or condominium.

(2)

New hotel or motel building.

(3)

New commercial, office, and/or industrial building.

(4)

New mixed-use building.

(5)

New bed and breakfast or boarding houses.

(6)

Minor PUD amendment.

(7)

Outside patio or deck associated with any commercial, office, industrial, or multi-family residential building.

(8)

Accessory structure greater than two hundred (200) square feet in a non-residential zoned area.

(9)

Addition to a commercial, office, and/or industrial building.

(10)

New hot tub or swimming pool associated with any commercial, office, industrial, or multi-family residential building.

(11)

Freestanding solar panel.

(12)

Major change to a Level III development permit.

(13)

Minor change to an approved Level IV development permit.

(d)

Level IV. The following development activities shall be considered Level IV developments:

(1)

PUD.

(2)

Major PUD amendment.

(3)

Major change to a Level IV development permit.

(4)

Multi-family residential uses in the Mixed Use (MU) Zone.

(5)

Telecommunication tower.

(Ord. 04-20 §2; Ord. 07-21 §9)

No development permit may be issued by the Town until an application has been submitted utilizing the processes set forth in this Article.

(Ord. 04-20 §2)

(a)

Unless otherwise specified in this Chapter, applications for review and approval may be initiated by:

(1)

Any person or entity meeting the definition of applicant as defined in this Chapter;

(2)

The Town Council;

(3)

DURA; or

(4)

Other entities that have rights provided by law.

(b)

When an authorized agent files an application under this Chapter on behalf of a property owner, the agent shall provide the Town with written documentation that the owner has duly authorized the filing of the application.

(c)

Where a development application directly affects the property interests of the occupants of an existing development, the applicant shall provide the Town with written documentation that such affected occupants have duly authorized the filing of the application.

(d)

When the Town Council or DURA initiates action under this Chapter, it does so without influencing the approval or denial of the application. Notwithstanding any provisions in this Chapter to the contrary, unless exempted from the application of the provisions of this Chapter by utilizing the procedures set forth in state statute, all applications of the Town Council or DURA shall be reviewed by the Planning Commission in accordance with procedures and approval criteria established herein for Level III development applications. Town Council and DURA applications for Planned Unit Developments may be approved by resolution of the Planning Commission and shall not require ordinance approval.

(Ord. 04-20 §2)

Prior to a determination of completeness in accordance with Division 2 of this Article, or at any time thereafter, the Town Manager may require documentation establishing proof of ownership of the property proposed for development, and showing any encumbrances to title thereto.

(Ord. 04-20 §2)

Applications and submission materials required under this Chapter shall be submitted in a form and in such a number as required by the Town Manager.

(Ord. 04-20 §2)

Multiple development activities or requests for the same site to be developed may be consolidated into one application for submittal and review depending upon the complexity of the proposal, as may be permitted or required by the Town Manager at the discretion of Town Manager. Consolidated applications shall be reviewed in accordance with the level of review (Level I, II, III, or IV) applicable to the activity or request requiring the highest level of review pursuant to this Chapter.

(Ord. 04-20 §2)

Applicants for Level I development permits shall file a short description of the proposal and application materials needed to adequately describe the proposal, including but not limited to floor plans, building elevations, site plans and other similar plans.

(Ord. 04-20 §2)

Unless waived in writing by the Town Engineer, applications for Level II, III, and IV development permits shall supply the following drawings and materials to the Town. For Level III and IV applications, such drawings and materials shall be provided no later than forty-two (42) calendar days preceding the scheduled Planning Commission hearing. All of the following documents and materials shall be submitted electronically as PDFs or in other electronic formats as approved by the Town Engineer. The Town Manager may also require any required plans and maps to be submitted as hard copies.

(1)

Site plan map indicating the general site design of the project, including all existing and proposed improvements. The site plan map shall provide adequate detail to evaluate the preliminary landscaping; circulation; parking; snow stacking; location of all buildings and their entrances, uses and heights; walls; fences; loading points; refuse, recycling, and grease containers; location of all public rights-of-way; accessible routes as required under the ADA; all existing and proposed easements; drainage facilities; finished grade elevations; dimension lines where appropriate; direction of storm water runoff flows; and any other items related to the project as directed by the Town Manager. The site plan map shall include dimensions at an identified scale, and shall depict the property corners and all permanent survey monuments.

(2)

Existing features map depicting the existing topography of the site at one (1) foot intervals, significant natural features and vegetation, names of adjacent subdivisions and the footprint of any existing structures or improvements located on the site.

(3)

Floor plans.

(4)

Building elevations at an identified scale indicating the general architectural character of the building with heights referenced to USGS datum.

(5)

A general description or sampling of the building materials proposed for the development.

(6)

A vicinity map, which may be included on the overall site plan.

(7)

An application on a form provided by the Town, signed by the property owner or agent having power of attorney.

(8)

Proof of ownership in the form of a copy of the property deed and copy of title commitment dated within 30 days of submitting the application to the Town; provided, however, that, such form of proof of ownership is not required for Level II applications.

(9)

A list of property owners whose property lies within three hundred (300) feet of the subject property and their last known address as shown on the most current County Assessor's records and addressed and stamped (with first-class mail) envelopes for each property owner on the list; provided, however, that, such list is not required for Level II applications, except on appeal of a decision of the Development Review Committee to the Planning Commission.

(10)

Completed Certification of Notice to Mineral Estate Holders in accordance with Section 24-65.5-103, C.R.S., on forms provided by the Town; provided, however, that, such certification is not required for Level II applications.

(Ord. 04-20 §2)

Additional application-specific information may be required by the Town Manager, Public Works Director, Planning Commission and/or Town Council, as necessary and appropriate to evaluate fully whether an application complies with the requirements of this Chapter.

(Ord. 04-20 §2)

Application fees are hereby established for the purpose of recovering the costs incurred by the Town for internal staff time in processing and reviewing development applications and related documents and materials, in noticing required public hearings, and in recording approved applications and other documents. Such fees shall be set by resolution or ordinance of the Town Council. The application fee shall be paid by the applicant prior to or simultaneously with the filing of the application with the Town.

(Ord. 04-20 §2)

(a)

At the time of submittal of any development application, or at such earlier time as the Town begins to incur consultant review fees related to the proposed project, an applicant for a Level II, III, or IV development permit shall enter into a cost and funds deposit agreement with the Town to pay all costs actually incurred by the Town in review of the development proposal prior to application, the application, application documents and materials, and required agreements, unless such requirement has been waived in writing by the Town Manager. Such costs shall include, but not be limited to, attorneys' fees, review fees from consultants acting as staff, recording fees, and other fees from review, but shall not include costs incurred by the Town for internal staff review. Such cost and funds deposit agreement shall be accompanied by a deposit paid by the applicant, which shall be based on the estimated costs of review fees applicable to the project. Such estimated costs shall be set forth in an exhibit to the cost and funds deposit agreement. The estimated cost exhibit shall be reviewed annually and estimated costs shall be adjusted, if necessary, by the Town Manager on the basis of actual expenses incurred by the Town to reflect the effects of inflation and other changes in costs.

(b)

Depleted funds. If deposited funds are depleted prior to completion of review of the application, application documents and materials, and any required agreements, the applicant shall promptly deposit additional monies with the Town in a mutually agreeable amount. If such additional monies are not deposited when necessary, application review, including but not limited to the scheduling of public hearings, will be suspended until such time as the additional monies are deposited. Additionally, if a negative balance exists at any time and additional funds are not deposited within fifteen (15) days after written notice from the Town, then a five percent (5%) penalty shall be added to such balance and such balance shall bear interest at the rate of one and one-half percent (1.5%) per month.

(c)

Refund. The Town shall refund any monies deposited by the applicant pursuant to a cost and funds deposit agreement and remaining after payment of the actual costs incurred by the Town.

(d)

Outstanding fees and costs. No applications shall be accepted by the Town from an applicant until all previous fees and costs associated with that applicant are paid in full.

(Ord. 04-20 §2)

If an applicant fails to submit required information for a period of more than six (6) months from the initial request, the application shall become void and the resubmittal of a new application and deposit shall be required. The Town Manager may grant no more than two (2) extensions of time to this provision, of no more than six (6) months each, upon a written request by the applicant.

(Ord. 04-20 §2)

Within fourteen (14) calendar days after receipt of the application and application fee, the Town Manager shall determine whether the application is complete and ready for substantive review.

(1)

If the application is determined to be complete, the application shall then be processed according to the procedures set forth in this Chapter. An application will be considered complete if it is submitted in the required form, includes all mandatory information and supporting materials specified in the Chapter, including the fully-executed cost and funds deposit agreement and applicable deposit, unless not required or waived in writing by the Town Manager in accordance with subsection 16-2-130(a). The determination of completeness shall not be based upon the perceived merits of the development proposal. The determination shall be made by the Town Manager.

(2)

If an application is determined to be incomplete, the Town Manager shall provide written notice to the applicant along with an explanation of the application's deficiencies. No further processing of an incomplete application shall occur until the deficiencies are corrected in a future resubmittal.

(3)

If any false or misleading information is submitted or supplied by an applicant on an application, that application will be deemed incomplete.

(4)

No substantive review shall occur and no public hearings shall be scheduled on an application until the application has been deemed complete in accordance with this Section.

(Ord. 04-20 §2)

(a)

The Town Planner shall refer the application to referral agencies to review the project for compliance with applicable agency requirements and with applicable requirements of this Chapter and other applicable Town regulations, standards, and ordinances.

(1)

The Town Planner will determine the appropriate referral agencies to which to refer the application based on the impacts of the proposed use, the scale and complexity of the proposed development, the service providers for the project, and the location of the project. Such referral agencies include but are not limited to architectural consultants, utility providers, the Colorado Department of Transportation, applicable fire districts and other special districts.

(2)

The referral agencies shall have twenty (20) calendar days to return their comments to the Town Planner. During the twenty (20) day period, Town staff shall provide timely feedback to the applicant concerning comments received from the referral agencies and shall inform the agencies of any changes the applicant has made to the project that pertain to them.

(3)

The Town Planner may request a meeting with the applicant and referral agencies that may be affected by the application or request.

(b)

Any comments from the referral agencies may be made part of the hearing record of the Planning Commission or Town Council on request of the applicant or at the discretion of the Town Manager.

(Ord. 04-20 §2)

(a)

Once a completed Level I application and all accompanying materials have been submitted, the Town Manager shall review the proposal and, within seven (7) calendar days, approve it with or without conditions or deny it. In addition, the Town Manager shall have the right within the same seven-day period to reclassify any Level I application as a Level II application and process it accordingly.

(b)

The Town Manager shall then indicate the decision on the application and return it to the applicant.

(c)

If the decision was for approval, with or without conditions, a development permit will be issued and shall be signed by the applicant. The applicant may proceed with the project after obtaining any and all necessary construction or building permits.

(Ord. 04-20 §2)

Prior to approving an application for a Level I Development Permit, the Town Manager shall find that the application substantially complies with all applicable requirements of this Chapter, and applicable Town regulations, standards, and ordinances.

(Ord. 04-20 §2)

A decision of the Town Manager regarding a Level I application may be appealed in accordance with Division 9 of this Article.

(Ord. 04-20 §2)

Once a completed Level II application and all accompanying materials have been submitted, The Development Review Committee shall have twenty (20) calendar days to return its comments and decision to the applicant. The decision shall be based on the following considerations:

(1)

If the proposed development is in substantial compliance with all applicable requirements of this Chapter, and applicable Town regulations, standards, and ordinances, and if all other required approvals for the development application were issued and remain valid and effective, the Development Review Committee may approve the application. In addition, the Development Review Committee may attach conditions which are reasonable and necessary and relate to impacts created by the proposal.

(2)

If the proposed development is not in substantial compliance with all applicable requirements of this Chapter, and applicable Town regulations, standards, and ordinances, the Development Review Committee may deny the application.

(3)

The Development Review Committee may also continue the project review for up to fourteen (14) calendar days for good cause, or to allow additional information and materials to be submitted that will allow for a comprehensive review. In the event a project is continued, the applicant shall submit any additional materials he or she wishes the Town to consider at least five (5) calendar days prior to the continued review, unless otherwise specified by the Town.

(Ord. 04-20 §2)

A decision of the Development Review Committee regarding a Level II application may be appealed by the applicant pursuant to Division 9 of this Article.

(Ord. 04-20 §2)

(a)

All Level III applications shall be required to be submitted to the Planning Commission for review at a minimum of one (1) public hearing.

(b)

All public hearings shall be noticed in accordance with Division 7 of this Article, and conducted in accordance with Division 8 of this Article.

(c)

The first public hearing shall be held not more than forty-five (45) calendar days from the date an application is deemed complete.

(d)

Prior to the first public hearing of the Planning Commission, Town staff shall deliver to the applicant and Commission, its written report on the application, including their conclusion on whether the proposed development substantially complies with all other applicable requirements of this Chapter and other applicable Town regulations, standards, and ordinances, which shall be made a part of the hearing record.

(e)

Following any public hearing, the Planning Commission shall render a decision to approve, approve with conditions, deny, or continue a Level III Development Permit based on the approval criteria set forth in Section 16-2-230; except that, the Planning Commission shall not be required to render a decision where the approval or denial of a separate application at the same public meeting has rendered a decision on the subject application moot. Any conditions must be reasonably related to impacts created by the proposal. Any continuance shall be for no longer than thirty-five (35) days.

(Ord. 04-20 §2)

(a)

Prior to making a decision on a Level III Development Permit, the Planning and Zoning Commission shall require a finding that the applicant and evidence presented to the reviewing body established the following by competent and sufficient evidence:

(1)

All other required approvals for the development application were issued and remain valid and effective.

(2)

The proposed development substantially complies with all applicable requirements of this Code, and applicable Town regulations, standards, and ordinances.

(Ord. 04-20 §2)

A decision of the Planning Commission regarding a Level III application may be appealed by the applicant pursuant to Division 9 of this Article.

(Ord. 04-20 §2)

(a)

All Level IV applications shall be required to be reviewed by the Planning Commission and Town Council at a minimum of one (1) public hearing each for compliance with the standards, regulations, and provisions set forth in this Chapter.

(b)

The first public hearing of the Planning Commission shall be held not more than forty-five (45) calendar days from the date an application is deemed complete.

(c)

Prior to the first public hearing of the Planning Commission, Town staff shall deliver to the applicant and Commission, its written report on the application, including their conclusion on whether the proposed development substantially complies with all other applicable requirements of this Chapter and other applicable Town regulations, standards, and ordinances, which shall be made part of both the Planning Commission and Town Council hearing records.

(d)

The Town Council shall hold a public hearing on the application at which it shall review the Planning Commission's recommendations within forty-five (45) calendar days of receipt of the recommendation.

(e)

All public hearings shall be noticed in accordance with Division 7 of this Article, and conducted in accordance with Division 8 of this Article.

(Ord. 04-20 §2)

Following the Planning Commission's review of the Level IV development application in a public hearing, the Planning Commission shall either continue the application, or provide a recommendation to the Town Council to approve, approve with conditions, or deny the application based on the approval criteria set forth in Division 8 of this Article. Any conditions must be reasonably related to impacts created by the proposal. Any continuance shall be for no longer than thirty-five (35) days.

(Ord. 04-20 §2)

(a)

Following the Town Council's review of the Level IV development application in a public hearing, the Town Council shall continue the application or render a final decision to approve, approve with conditions, or deny the application based on the approval criteria set forth in Section 16-2-280 of this Article. Any conditions must be reasonably related to impacts created by the proposal. Any continuance shall be for no longer than thirty-five (35) days.

(b)

Pursuant to Charter Section 14-9 and Section 16-1-80 of this Chapter, no Level IV application shall be approved without a finding by the Town Council considering the effect of such approval on the Comprehensive Plan.

(Ord. 04-20 §2)

(a)

Prior to making a recommendation or a decision on a Level IV development application, the Planning and Zoning Commission and Town Council, respectively, shall require a finding that the applicant and evidence presented to the reviewing body established the following by competent and sufficient evidence:

(1)

All required approvals for the development application were issued and remain valid and effective.

(2)

The proposed development substantially complies with all other applicable requirements of this Code and other applicable Town regulations, standards, and ordinances.

(Ord. 04-20 §2)

A decision of the Town Council regarding a Level IV application may be appealed by the applicant pursuant to Division 9 of this Article.

(Ord. 04-20 §2)

(a)

Except as provided in Article I, Division 3, at least seven (7) but not more than fourteen (14) calendar days prior to any public hearing pursuant to this Chapter, the Town shall:

(1)

Mail notice to the property owners within three hundred (300) feet of the outside boundaries of the property;

(2)

Place a notice in a newspaper of general circulation in the community; and

(3)

Post a notice of the hearing in the Town Hall and on the property subject to the application.

(b)

Notice by mail shall also be given to County Assessor registered homeowners' associations within the three hundred (300) feet of the outside boundaries of the property and such additional persons as the Town Manager may designate.

(c)

Posted notice on the subject property shall be posted by the applicant along the public street rights-of-way bordering the property or as otherwise directed by the Town Manager. Before the public hearing, the applicant shall submit to the Town Manager a notarized affidavit, signed by the person who did the posting or the person who caused the posting to be done, that notice was posted and maintained as required herein. The applicant is responsible for ensuring that the posted notice remains in place, in legible condition until the public hearing is concluded, and for removal of said posted notice within two (2) days after the public hearing is concluded.

(d)

Subsection (a) notwithstanding, it is the applicant's responsibility to ensure the hearing record reflects that notice was posted, published, and mailed as required pursuant to this section.

(Ord. 04-20 §2)

(a)

Unless otherwise required by this Chapter, notice of all public hearings as required herein shall:

(1)

Identify the date, time and place of the public hearing;

(2)

If applicable, describe the property involved by street address or by legal description and nearest cross streets;

(3)

Describe the nature, scope and purpose of the proposed action;

(4)

Indicate that interested parties may appear at the hearing and speak on the matter; and

(5)

Indicate where additional information on the matter may be obtained.

(b)

Mailed notices shall include mention of an upcoming Town Council public hearing (when applicable) and the opportunity to be informed of the date of upcoming public hearings on the project.

(Ord. 04-20 §2)

Minor defects in any notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements. Minor defects in a notice shall be limited to errors in legal description or typographical or grammatical errors that do not impede communication of the notice to affected parties. Failure of a party to receive written notice shall not invalidate subsequent action. In all cases, however, the requirements for the timing of the notice and for specifying the time, date and place of a hearing shall be strictly construed. If questions arise at the hearing regarding the adequacy of notice, the decision-making body shall make a formal finding as to whether there was substantial compliance with the notice requirements of this Chapter. When the records of the Town document the publications, mailing and posting of notices as required herein, it shall be conclusively presumed that the notice of a public hearing was given as required herein.

(Ord. 04-20 §2)

The provisions of this Division 8 shall apply whenever a public hearing is required pursuant to the provisions of this Chapter.

(Ord. 04-20 §2)

The burden at public hearing shall be on the applicant to prove that the application complies with the provisions of this Chapter.

(Ord. 04-20 §2)

(a)

The hearing record shall include, without limitation, all materials and testimony provided by the applicant, all testimony from the public concerning the application, and the recommendations contained in the staff report and presentation.

(b)

All recommendations or decisions following public hearings shall be made solely on the information entered into the public hearing record.

(Ord. 04-20 §2)

(a)

Except as provided in subsection (b), all decisions pursuant to this Chapter are reviewable on appeal in accordance with this Division.

(b)

The following are not reviewable on appeal under this Division:

(1)

Administrative interpretations pursuant to Section 16-1-120;

(2)

Recommendations by the Planning Commission;

(3)

Decisions regarding variance requests pursuant to Article X of this Chapter; and

(4)

Decisions regarding text or map amendments pursuant to Article I, Division 3.

(Ord. 04-20 §2)

Applications for appeal shall meet the following requirements, or the applicant's right of appeal shall be deemed waived and the decision deemed final:

(1)

The application for appeal shall be made in writing to the Town Clerk within five (5) days after a decision pursuant to this Chapter.

(2)

The application for appeal shall be accompanied by a fee set by resolution or ordinance of the Town Council to reimburse the Town for review of the application.

(3)

The application shall specify the grounds for appeal.

(4)

If not already provided by the applicant, the application for appeal shall be accompanied with a list of property owners whose property lies within three hundred (300) feet of the subject property and their last known address as shown on the most current County Assessor's records and addressed and stamped (with first-class mail) envelopes for each property owner on the list.

(Ord. 04-20 §2)

If an application for appeal is filed with the Town Clerk in accordance with Section 16-2-370, the appeal shall be reviewed as follows:

(1)

If the application is to appeal a decision by the Town Manager or Development Review Committee, the application shall be reviewed by the Planning Commission in a public hearing which shall be noticed in accordance with Division 7 of this Article, and conducted in accordance with Division 8 of this Article.

(2)

If the application is to appeal a decision by the Planning Commission, the application shall be reviewed by the Town Council in a public hearing, which shall be noticed in accordance with Division 7 of this Article, and conducted in accordance with Division 8 of this Article.

(3)

Applications to appeal decisions by the Town Council are reviewable pursuant to Rule 106 of the Colorado Rules of Civil Procedure, or as otherwise provided by state or federal law.

(Ord. 04-20 §2)

The reviewer on appeal shall affirm, reverse, reverse wholly or partly, or modify the decision appealed. All decisions on appeal shall be made to the applicant in writing, which written decision shall be added to and become part of the record of the proceeding. All decisions on appeal shall be final, and the applicant shall have no further right of appeal under this Chapter.

(Ord. 04-20 §2)

(a)

When authorized by this Article, the Town may place conditions upon the approval of an application, which are reasonably related to impacts created by the proposal, or which the Town deems necessary and proper to ensure that the project will be developed in the manner indicated in the application and in accordance with the standards and criteria established within this Chapter and other applicable Town regulations and adopted codes. Said conditions shall be listed within a development permit or development agreement which shall be signed by the applicant and the Town prior to the issuance of a building permit.

(b)

Without limiting the generality of subsection (a), the conditions may consist of one (1) or more of, but are not limited to, the following:

(1)

Development schedule. The conditions may place a reasonable time limit on any activities associated with the proposed development, or any portion thereof, to prevent speculation in permits, to enable new application or revisions to come forward for unfeasible developments, or to implement other land use policies of the Town.

(2)

Use. The conditions may restrict the future use of the proposed development to that indicated in the application and other similar uses.

(3)

Dedications. The conditions may require conveyances of title or easements to the Town, public utilities or the homeowner's association for purposes related to the public health, safety and welfare, which may include, but not be limited to, land and/or easements for parks, utilities, pedestrian paths, bikeways, schools, roads, transportation and other similar uses. The Town may also require construction of all facilities to public standards and the dedication of public facilities necessary to serve the development.

(4)

Homeowner's association. The conditions may require that if a homeowner's association or merchant's association is necessary or desirable to hold and maintain common property, it be created prior to issuance of a building permit.

(5)

Construction guarantees. The conditions may require the depositing of certified funds, in an amount to be determined by the Town, with the Town Clerk, the establishment of an escrow fund, the depositing of an irrevocable letter of credit, the posting of a bond or other surety, or collateral (which may provide for partial release) to ensure that all construction features required by this Chapter or the Code and conditions of approval are in fact constructed as represented and approved.

(6)

Indemnification; covenants. The conditions may require the recording of covenants and/or deed restrictions on the subject property or the indemnification of the Town in certain instances.

(7)

Public improvements. The conditions may require the installation of public improvements or participation in assessment districts for the installation of public improvements within, adjacent or contributing to the project.

(8)

Additional plans. The conditions may require that additional plans or engineered revisions to site, drainage or utility plans be submitted to the Town and approved prior to issuance of building permits or issuance of a certificate of occupancy, whichever is applicable.

(Ord. 04-20 §2)

Once the decision of the Town has been finalized, the Town shall transmit by regular mail the final decision to the applicant and, if the application is approved, shall issue a development permit with or without conditions. The development permit shall not be valid until the applicant has signed it, indicating agreement with any and all conditions, and returns the permit to the Town.

(Ord. 04-20 §2)

A permit issued pursuant to this Chapter does not release the applicant from compliance with the provisions of this Chapter, the Code, the building, fire, electrical, solar, mechanical, plumbing and energy codes, or any other codes as adopted by the Town and amended from time to time.

(Ord. 04-20 §2)

After approval and issuance of a development permit, and prior to construction, the applicant shall be responsible for obtaining all permits required pursuant to local, state, and federal law.

(Ord. 04-20 §2)

(a)

Development approvals and permits issued by the Town pursuant to this Chapter are valid for the following time periods:

(b)

The term of any development permit shall commence on its effective date pursuant to Section 16-2-410.

(c)

Level III and IV permits may be extended by the Planning Commission for a period not to exceed one (1) year upon review of a written request for extension by the permit holder prior to the expiration date of the permit. Requests for extension shall be processed utilizing the Level III process.

(Ord. 04-20 §2)

A permit may be revoked at any time for violation of the permit or any condition thereof by a motion of the Planning Commission at a hearing, and after written notice to the applicant at least seven (7) days in advance of the hearing.

(Ord. 04-20 §2)

(a)

Except as provided in subsection (b), subsequent to application approval, but prior to issuance of a building permit for the development, the developer shall either install all required improvements or enter into an agreement with the Town which shall obligate the developer to install and construct all public improvements within and adjacent to the proposed development as are reasonably related to or necessitated by the impacts of the development. In those instances where the developer is not the property owner, the property owner or owners shall either be co-signors to the agreement or shall provide alternative agreements allowing the Town to enter onto the property for the purposes of inspection of or completion of public improvements in the case the developer fails to complete all required improvements. If the developer chooses to enter into an agreement, the agreement shall specify the following at a minimum:

(1)

A description of all public improvements required.

(2)

An estimate of the cost of installing all public improvements.

(3)

The timing of public improvements in relation to the development of the project.

(4)

A description of all private improvements required by this Chapter, conditions of approval or other pertinent Town regulations.

(5)

A performance guarantee that the improvements will be installed in accordance with the approved plans.

(b)

A development agreement shall not be required under the following circumstances:

(1)

For Level I developments;

(2)

For Level II or III applications when waived in writing by the Town Manager; or

(3)

When the applicant has entered into a subdivision improvements agreement with the Town pursuant to subsection 17-2-250(b).

(Ord. 04-20 §2)

Proposals for changes to approved development permits shall be made in writing to the Town Manager on forms provided by the Town.

(Ord. 04-20 §2)

Proposed corrections or adjustments to approved development permits shall be processed as a Level I application, unless the Town Manager determines the proposed correction or adjustment is of such nature to merit Development Review Committee review, in which case the application shall be processed as a Level II application.

(Ord. 04-20 §2)

At the discretion of the Town Manager, a proposed change to an approved Level I or Level II development permit, whether minor or major, may be processed as either a Level I or Level II development application.

(Ord. 04-20 §2)

(a)

The Town Manager may authorize a proposal for one (1) or more minor change to an approved Level III development permit to be processed as a Level II application if the Town Manager determines that the change is of such nature not to merit Planning Commission review. If the Town Manager determines that the proposed change is of such nature to merit Planning Commission review, the application shall be processed as a Level III application.

(b)

A proposal for one (1) or more major change to an approved Level III development permit shall be reviewed as a Level III development application.

(Ord. 04-20 §2)

(a)

A proposal for one (1) or more minor change to an approved Level IV development permit shall be reviewed as a Level III application.

(b)

A proposal for one (1) or more major change to an approved Level IV development permit shall be reviewed as a Level IV development application.

(Ord. 04-20 §2)