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Fair Haven City Zoning Code

§ 30-4.3

Applications.

[2002 Code § 16.16.030; Ord. No. 2015-14]
a. 
Assignment. The applicant shall have the option of filing an application for development with the Administrative Officer or his designee to which approvals are required and the appropriate Board for hearing same, or of filing an application and proceeding before the Board which the applicant believes to be appropriate. The Administrative Officer's or his designee's determination shall be presumed to be correct. The following applications may be filed:
1. 
Exempt subdivisions;
2. 
Minor subdivisions;
3. 
Major subdivision;
4. 
Minor site plan;
5. 
Major site plan;
6. 
Conditional use;
7. 
Variance.
8. 
Informal review.
[Ord. No. 2015-14]
9. 
(Note: Certain applications may involve a combination of actions. Where an application is filed with the wrong Board, the Board shall deny the application without prejudice. The applicant may proceed to the correct approving authority.)
b. 
Content. An application for development shall include the items specified in Section 30-12 of this chapter which constitutes a checklist of items to be submitted for subdivision and site plan review. A copy of this checklist shall be completed by the applicant, and submitted with the application form.
c. 
Complete Application.
1. 
A subdivision and site plan application shall be complete for purposes of commencing the applicable time period for action when so certified by the Administrative Officer or designee. In the event that the Administrative Officer or designee does not certify the application to be complete within 45 days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five day period for purposes of commencing the applicable time period unless (1) the application lacks information indicated on the checklist of items specified in Section 30-12 of this chapter, (2) the checklist has been provided in writing to the applicant, and (3) the Municipal Agency of its authorized committee or designee has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application. The applicant may request that one or more of the submission requirements be waived, in which event the Municipal Agency or its authorized committee shall grant or deny the request within 45 days of the date of its submission. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that the applicant is entitled to approval of the application. The Municipal Agency may subsequently require correction of any information found to be in error and submission of additional information not specified in this chapter or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents required by the Municipal Agency.
2. 
An applicant may appeal the Administrative Officer's decision concerning completeness of an application to the Municipal Agency which has jurisdiction to hear the application. The Municipal Agency shall have 45 days after receipt of a written request to schedule a public hearing at which time the Municipal Agency will determine if the application is complete. The Board shall affirm, modify, or reverse the decision of the Administrative Officer.
d. 
Informal Review.
An applicant may file an application for an informal review by the Planning Board or Zoning Board Professionals prior to submission of an application to either Board.
[Ord. No. 2015-14]