This article shall be known as the administration and enforcement of development applications of the town land development code.

(Ord. No. 5-92, § 1.2, 8-25-92)

This article defines the process for review of development applications, the required contents of development applications, and the administrative entities in the town that will review development applications and issue development orders and permits. This article also specifies the procedures for appealing decisions and seeking legislative action.

(Ord. No. 5-92, § 1.3, 8-25-92)

An application for development review may be withdrawn at any time so long as no notice has been given that the application will be reviewed at a public hearing.

(Ord. No. 5-92, § 1.4, 8-25-92)

(a)

Generally. No development activity may be undertaken unless the activity is authorized by a development permit.

(b)

Prerequisites to issuance of a development permit. Except as provided in subsection 34-34(c) below, a development permit may not be issued unless the proposed development activity:

(1)

Is authorized by a final development order issued pursuant to this chapter; and

(2)

Conforms to the building, mechanical, electrical and design standards adopted by the town.

(c)

Exceptions to requirement of a final development order. A development permit may be issued for the following development activities in the absence of a final development order issued pursuant to this chapter. Unless otherwise specifically provided, the development activity shall conform to this chapter and the building, mechanical, electrical and design standards adopted by the town.

(1)

The construction or alteration of a one- or two-family dwelling on a lot of record.

(2)

The alteration of an existing building or structure so long as no change is made to its gross floor area, its use, or the amount of impervious surface on the site.

(3)

The erection of a sign in the absence of any other development activity on the site.

(4)

The resurfacing of a vehicle use area that conforms to all requirements of this chapter.

(d)

Post-permit changes. After a permit has been issued, it shall be unlawful to change, modify, alter, or otherwise deviate from the terms or conditions of the permit without first obtaining a modification of the permit. A modification may be applied for under the appropriate town and/or county process A written record of the modification shall be entered upon the original permit and maintained in the files of the town's building official.

(e)

Exemption from subsequent amendments. Development activity implementing a valid, approved site plan/development plan is exempt from subsequent amendments to the provisions of this chapter for the period that the site plan/development order remains valid.

(Ord. No. 5-92, § 1.5, 8-25-92; Ord. No. 03-05, § 1(Att. A), 6-14-05; Ord. No. 06-05, § 1, 10-11-05; Ord. No. 10-11(Att. A), 1-10-12)

(a)

Preapplication conference. Prior to filing for development plan review, the developer shall meet with the land use officer and the planning commission chair to review zoning regulations and to obtain a development application. No person may rely upon any comment concerning a proposed development plan, or any expression of any nature about the proposal made by any participant at the preapplication conference as a representation or implication that the proposal will ultimately be approved or rejected in any form. At this time, the developer will be notified as to whether the proposed development must proceed to subsection 34-35(b) or whether the proposed development is eligible to follow the short form application process to obtain a final development order.

(1)

Short form application process. In order to utilize the short form application process development will be limited to a single use occupying a single building that meets the following criteria:

a.

The proposed structure is no greater than 10,000 square feet gross floor area; and

b.

The development plan proposes no more than 50 percent of the allowable impervious surface area; and

c.

The development plan shows no more than two access points to a public roadway.

(2)

General requirements. An application for development plan approval shall be filed with the land use officer and shall be accompanied by the applicable filing fee and nine copies of each of the following information. The following list of informational items shall constitute the required information for short form development review:

a.

A legal description of the property under review.

1.

Name, location, owner and designer of the proposed development.

2.

Present zoning for subject site.

b.

Site conditions information including:

1.

A topographic map of the site with a scale of not smaller than one inch equals 100 feet, showing one-foot contours.

2.

Information about the type and location of existing vegetation, including a written statement indicating the approximate size and location of major tree groupings and those trees with a trunk diameter of four inches or more at a point four and one-half feet above ground level. (Aerial and on-site photographs may be used to show vegetation.)

c.

A site conditions map showing:

1.

The relationship of the site to such external facilities as streets, residential areas, commercial facilities, utilities and recreation/open space areas.

2.

The location of all existing public streets, rights-of-way, easements and other reservations of the land in the area of the property in question, means of ingress and egress to such property, and off-street parking, loading and service areas, if any, for and on such property.

3.

The location and dimensions of all existing and proposed structures drawn to scale.

4.

The location of all water holding or carrying features, natural or manmade including creeks, ponds, sinkholes, ditches and storm sewers.

d.

Proposed improvements to include location and dimensions of structures, septic systems, stormwater/drainage (SWFWMD approval), parking area and number of spaces, width of driveways, landscaping, signs, etc.

e.

Alternate surfaces for paving of parking lot or entry driveways will be considered depending on the existing condition of the entrance road.

f.

Description of means and methods to ensure no disruption of normal drainage of stormwater and provide for minimization of erosion and siltation of ditches, culverts, or drainage retention areas, during the development.

g.

The location of proposed landscaping and buffering with accompanying text on the plan to identify required vegetation types.

h.

Elevation drawings of proposed new commercial buildings or substantial improvement of existing commercial buildings on the property demonstrating that the basic architectural design elements listed in subsections 34-287(2)a., b. and c. have been committed. If the basic architectural elements have not been committed, the applicant shall demonstrate how the design of the new or substantially improved commercial building(s) displays an overall character consistent with one of the preferred architectural styles listed in subsection 34-287(3)a. Preferred methods to communicate building design and style should be discussed with the land use officer at the pre-application conference.

(3)

Short form review process. If the developer elects to proceed, the application and appropriate fee are submitted to the land use officer. Following the application being found sufficient, a meeting of the development review committee is scheduled and the property owners within 400 feet are notified by letter of the time, date, and purpose of the meeting. The development review committee consists of the land use officer, the chair of the planning commission, the director of public works, and (when appropriate) the Inglis Police Chief, the town planning consultant and the town engineer. (Planning consultant and town engineer are staff to the development review committee not members.)

Prior to the development review committee meeting, the land use officer shall provide a brief development summary to the planning commission and development review committee for comments, questions or potential issues for discussion at the development review committee meeting. The data required by subsection 34-35(a) general requirements will be reviewed at the development review committee meeting.

(4)

After the application and general requirements are approved by the development review committee as sufficient, the planning consultant will issue a planning report to the planning commission regarding the findings of the development review committee.

(5)

The planning commission shall schedule an administrative hearing ([section] 34-39) to consider the final development plan, final development order, and the development review committee recommendations. The hearing will be held during a scheduled meeting of the planning commission allowing for one week planning commission review of the planning report.

(6)

At the administrative hearing the planning commission shall:

a.

Issue a final development order complying with section 34-37 below; or

b.

Refuse to issue a final development order based on the failure of the development to comply with the conditions imposed by provisions of this chapter; or

c.

If additional information from the developer is needed, the planning commission may continue its review to a date to be determined. The time, date and place of the continuation shall be stated at the hearing. No further notice shall be required if said continuation is for less than six weeks.

(b)

Review of concept plans. Concept plans shall be reviewed as follows:

(1)

All developments that do not qualify for the short form application process must be submitted for concept review.

(2)

The developer shall file a completed application and concept plan as a prerequisite to obtaining concept review.

(3)

Within five working days of receipt of an application and concept plan, the land use officer shall:

a.

Determine that the submittal is incomplete and inform the developer in writing as to the deficiencies, or

b.

Determine that the submittal is complete and proceed with the following procedures.

(4)

Upon the finding of a complete application, the land use officer will schedule a public neighborhood meeting with the developer and the planning commission to discuss the concept. The proposal shall be placed on the agenda of the next meeting of the planning commission that allows the giving of notice to nearby property owners.

(5)

Notice of the public neighborhood meeting shall be provided to the developer and all persons who, according to the most recent tax rolls, own property within 400 feet of the property proposed for development. The notice shall be provided at least 15 days before the meeting. The expense of this notice shall be borne by the developer.

(6)

At the public neighborhood meeting the planning commission shall include discussion of topics such as:

a.

Characteristics of the site and surrounding area, including important natural and manmade features, the size and accessibility of the site, and surrounding land uses.

b.

Whether the concurrency requirements of article X of this chapter could be met if the development were built.

c.

The nature of the proposed development, including land use types and densities; the placement of proposed buildings and other improvements on the site; the location, type and method of maintenance of open space and public use areas; the preservation of natural features; proposed parking areas; internal traffic circulation system, including trails; the approximate total ground coverage of paved areas and structures; and types of water and sewage treatment systems.

d.

Conformity of the proposed development with the comprehensive plan, this chapter and other applicable regulations.

e.

Applicable regulations, review procedures and submission requirements.

f.

Concerns and desires of surrounding landowners and other affected persons.

g.

Other applicable factors and criteria prescribed by the comprehensive plan, this chapter or other law.

(7)

The purpose of the public neighborhood meeting is informational only. The planning commission shall issue no order, finding or other indication of approval or disapproval of the proposal, and no person may rely upon any comment concerning the proposal, or any expression of any nature about the proposal, made by any person during the public neighborhood meeting or concept review process as a representation or implication that the particular proposal will be ultimately approved or disapproved in any form.

(c)

Review of preliminary development plans. Preliminary development plans shall be reviewed as follows:

(1)

After completion of the public neighborhood meeting the developer shall submit the required number of preliminary development plans to the land use officer.

(2)

Within five working days of receipt of a preliminary development plan, the land use officer shall:

a.

Determine that the information is incomplete and inform the developer in writing of the deficiencies. The developer may submit an amended plan within 90 days without payment of an additional fee, but, if more than 90 days have elapsed, must thereafter initiate a new application and pay a new fee unless an optional 30-day extension has been provided by the land use officer; or

b.

Determine that the plan is complete and proceed with the following procedures.

(3)

The land use officer shall send a copy of the preliminary development plan to the town engineer, and a copy shall be on file in the office of the land use officer. The planning commission chair shall place the plan on the agenda of the next development review committee meeting that allows giving of, for at least 15 days, the following notices:

a.

Mailed notice to the developer or other manner preferred by the developer.

b.

Posted notice on the development site.

(4)

Ten days after the town engineer receives the preliminary development plans, he shall submit written comments to the planning commission chairman as to the proposed development's probable effect on the public facilities and services of the town.

(5)

Interested persons shall be given a reasonable opportunity to review the plans in the town hall and comment orally or in writing to the planning commission chairman.

(6)

The development review committee shall review the preliminary development plan. At least one week prior to the development review committee meeting, the land use officer shall provide a brief development summary to the planning commission and development review committee for comments, questions or potential issues for discussion before the development review committee.

(7)

On the earliest available date that allows one week review of the preliminary development plan the development review committee shall conduct a review of the preliminary development plan to determine whether the plan satisfies the requirements of this chapter.

(8)

The development review committee shall:

a.

Issue development order recommendations; or

b.

If additional information from the developer is needed, the development review committee may continue its review to a date to be determined. The time, date and place of the continuation shall be stated at the development review committee meeting. No further notice shall be required if said continuation is for less than six weeks.

(9)

After the preliminary development plan is reviewed by the development review committee as sufficient, the planning consultant will issue a planning report to the planning commission. The planning commission shall schedule an administrative hearing to consider the final development plan and final development order, which will be held during a scheduled meeting of the planning commission. (Administrative hearing is held at the next meeting allowing for public notice to be published seven days prior to the hearing.)

(d)

Review of final development plans. The developer shall submit a final development plan for an administrative review conducted in accordance with section 34-39.

(1)

The review of the final development plan shall include consideration of the recommendations of the development review committee.

(2)

The planning commission shall:

a.

Issue a final development order complying with section 34-37 below; or

b.

Refuse to issue a final development order based on the failure of the development to comply with the conditions imposed by the provisions of this chapter.

c.

If additional information from the developer is needed, the development review committee may continue its review to a date to be determined. The time, date and place of the continuation shall be stated at the development review committee meeting. No further notice shall be required if said continuation is for less than six weeks.

(e)

Project phasing. A master plan for the entire development site must be approved for a development that is to be developed in phases. The master plan shall be submitted simultaneously with an application for review of the preliminary development plan for the first phase of the development and must be approved as a condition of approval of the preliminary development plan for the first phase. A preliminary and final development plan must be approved for each phase of the development under the procedures for development review prescribed above. Each phase shall include a proportionate share of the proposed recreational and open space, and other site and building amenities of the entire development, except that more than a proportionate share of the total amenities may be included in the earlier phases with corresponding reductions in the later phases.

(Ord. No. 5-92, § 1.6, 8-25-92; Ord. No. 3-95, 8-8-95; Ord. No. 09-00, § 1, 12-12-00; Ord. No. 09-04, § 1(Att. A), 8-10-04; Ord. No. 10-11(Att. A), 1-10-12)

Editor's note— Ord. No. 10-11(Att. A), adopted Jan. 10, 2012, repealed § 34-36 in its entirety, which pertained to required and optional contents of preliminary development orders, and derived from Ord. No. 5-92, § 1.7, adopted Aug. 25, 1992; Ord. No. 09-04, § 1(Att. A), adopted Aug. 10, 2004.

(a)

Required contents. A final development order shall contain the following:

(1)

A determination that, where one was required, a valid preliminary development order exists for the requested development.

(2)

An approved final development plan with findings and conclusions.

(3)

A determination that all conditions of the preliminary development order have been met.

(4)

If modifications must be made to the development plan before a final development order may be issued, a listing of those modifications and the time limit for submitting a modified plan.

(5)

A specific time period during which the development order is valid and during which time development shall commence, a date by which construction shall be completed, and, if construction is abandoned, a maximum period of time that construction may cease without expiration of the development order. A final development order shall remain valid only if development commences and continues in good faith according to the terms and conditions of approval.

(6)

A statement of commitment by the own to the following:

a.

The necessary facilities to fulfill the concurrency mandate shall not be deferred or deleted from the capital improvements element of the comprehensive plan or the adopted one-year capital budget unless the subject final development order expires or is rescinded prior to the issuance of a certificate of occupancy.

b.

Contracts shall provide that construction of necessary facilities must proceed to completion with no unreasonable delay or interruption.

(b)

Optional contents. A final development order may contain:

(1)

A schedule of construction phasing consistent with availability of capacity of one or more services and facilities.

(2)

A schedule of services or facilities to be provided or contracted for construction by the applicant prior to the issuance of any certificate of occupancy or within specified time periods.

(3)

Any alternate service impact mitigation measures to which the applicant has committed in a recordable written instrument.

(4)

A bond in the amount of 110 percent of the cost of services or facilities that the applicant is required to construct, contract for construction or otherwise provide.

(5)

Such other conditions as may be required to ensure compliance with the concurrency requirement.

(Ord. No. 5-92, § 1.8, 8-25-92)

Unless otherwise provided by law, regulation or decision, addresses for a mailed notice required by this chapter shall be obtained from the records of the county tax collector. The failure of any person to receive notice shall not invalidate an action if a good faith attempt was made to comply with the notice requirements of this chapter.

(Ord. No. 5-92, § 1.9, 8-25-92)

Each administrative hearing shall conform to the following procedures, as supplemented by law, rule or decision.

(1)

Burden and nature of proof. The applicant for any development permit must prove by a preponderance of the evidence that the proposal satisfies the applicable requirements and standards of this chapter.

(2)

Order of proceedings.

a.

The planning commission shall:

1.

Determine whether it has jurisdiction over the matter.

2.

Determine whether any member must abstain or is disqualified.

b.

The planning commission may take official notice of known information related to the issue, including:

1.

State law and applicable resolutions, rules and official policies of the town.

2.

Other public records and facts judicially noticeable by law.

c.

Matters officially noticed need not be established by evidence and are binding to the extent that they are relevant and material. Requests that official notice be taken shall be made on the record and an opportunity for rebuttal shall be given to opposing parties. The planning commission may take notice without prompting or suggestion of matters listed in subsection 34-39(2)b above and shall state all matters officially noticed for the record.

d.

Commission members may view the site of the proposed development with or without notification to the parties, but after the visit, shall place the time, manner and circumstances of the view in the record.

e.

Staff, the developer, and interested persons may present information. The planning commission may approve or deny a request from a person attending the hearing to ask a question. Unless the planning commission specifies otherwise, if the request to ask a question is approved, the planning commission will direct the question to the person submitting testimony.

f.

Before the hearing has concluded, the planning commission shall restate the issues and comment upon the law and facts pertaining to the decision, and if opportunity for rebuttal is provided, may ask additional questions of any person who has testified or presented information.

(3)

Findings and order. Unless the planning commission and the developer agree to an extension, the planning commission shall, within ten working days of the hearing, prepare an order including:

a.

A statement of the applicable criteria and standards against which the proposal was tested.

b.

Finding of facts which established compliance or noncompliance with the applicable criteria and standards of this chapter.

c.

The reasons for a conclusion to approve, conditionally approve, or deny.

(4)

Record of proceedings.

a.

All proceedings shall be recorded stenographically or electronically and shall be transcribed if required for review or if ordered by the planning commission. Costs of transcription or copying shall be borne by the person requesting the record of proceedings to the limits allowable by state law.

b.

The planning commission shall, where practicable, include in the hearing record each item of physical or documentary evidence presented and shall mark each item to show the identity of the person who presented it. Each exhibit or a copy of the exhibit received into evidence shall be retained in the hearing file until after the applicable appeal period has expired, when it may be returned to the person identified thereon, or otherwise disposed of in accordance with state law.

c.

The findings and order shall be included in the record.

(Ord. No. 5-92, § 1.10, 8-25-92)

(a)

Application forms and required signatures. Applications for development review shall be available from the town clerk. A completed application shall be signed by all owners, or their agent, of the property subject to the proposal, and notarized. Signatures by other parties will be accepted only with noticed proof of authorization by the owners. In a case of corporate ownership, the authorized signature shall be accompanied by a notation of the signer's office in the corporation, and embossed with the corporate seal.

(b)

General plan requirements. All preliminary and final development plans pursuant to this chapter shall conform to the following standards:

(1)

All plans shall be drawn to a scale of one inch equals 100 feet, unless the planning commission chairman determines that a different scale is sufficient or necessary for proper review of the proposal.

(2)

The trim line sheet size shall be 24 inches by 36 inches. A three-quarter-inch margin shall be provided on all sides except for the left binding side where a three-inch margin shall be provided.

(3)

If multiple sheets are used, the sheet number and total number of sheets must be clearly indicated on each.

(4)

The front cover sheet of each plan shall include:

a.

A general vicinity or location map drawn to scale (both stated and graphic) showing the position of the proposed development in the section(s), township and range, together with the principal roads, town limits, and other pertinent orientation information.

b.

A complete legal description of the property.

c.

The name, address and telephone number of the owner(s) of the property. Where a corporation or company is the owner of the property, the name and address of the president and secretary of the entity shall be shown.

d.

Name, business address and telephone number of those individuals responsible for the preparation of the drawing(s).

e.

Each sheet shall contain a title block with the name of the development, stated and graphic scale, a north arrow and date.

f.

The plan shall show the boundaries of the property with a metes and bounds description reference to section, township and range, tied to a section or quarter-section or subdivision name and lot number(s).

g.

The area of the property shown in square feet and acres.

(5)

Nine copies of the submittal shall be required.

(6)

Unless a format is specifically called for below, the information required may be presented textually, graphically, or on a map, plan, aerial photograph, or by other means, whichever most clearly conveys the required information. It is the responsibility of the developer to submit the information in a form that allows ready determination of whether the requirements of this chapter have been met.

(c)

Concept plan. Each concept plan shall show:

(1)

Existing conditions.

a.

The location of existing property or right-of-way lines both for private and public property, streets, railroads, buildings, transmission lines, sewers, bridges, culverts, drain pipes, water mains, fire hydrants and any public or private easements.

b.

Any land rendered unusable for development purposes by deed restrictions or other legally enforceable limitations.

c.

Contour lines at two-foot intervals.

d.

All watercourses, water bodies, floodplains, wetlands, important natural features and wildlife areas, soil types and vegetative cover.

e.

The approximate location of protected environmentally sensitive zones and restricted development zones as established in article VIII of this chapter.

f.

Existing land use and zoning district of the parcel.

g.

A depiction of the abutting property within 400 feet of the proposal, not including public right-of-way in the measurement, showing:

1.

Land uses (actual existing and future land use map) and locations of principal structures and major landscape features.

2.

Densities of residential use.

3.

Traffic circulation systems.

h.

Location of proposed development in relation to any established urban service areas.

(2)

Proposed development activities and design.

a.

The approximate location and intensity or density of the proposed development.

b.

A general parking and circulation plan.

c.

Points of ingress to and egress from the site vis a vis existing or planned public or private road rights-of-way, pedestrian ways, or bicycle paths, and proposed access points to existing or planned public transportation facilities.

d.

Existing and proposed stormwater management systems on the site and proposed linkage, if any, with existing or planned public water management systems.

e.

Proposed location and sizing of potable water and wastewater facilities to serve the proposed development, including required improvements or extensions of existing off-site facilities.

f.

Proposed open space areas on the development site and types of activities proposed to be permitted on them.

g.

Lands to be dedicated or transferred to a public or private entity and the purposes for which the lands will be held and used.

h.

A description of how the plan mitigates or avoids potential conflicts between land uses.

1.

Sufficient information provided by the developer to ensure compliance with the noise ordinance. Appropriate measures shall be employed in order to comply with noise ordinance measures based upon anticipated/proposed land use.

2.

Description of means and methods to ensure noise ordinance compliance. Engineering controls such as noise attenuation, noise abatement, or landscaping or vegetation buffers may be necessary to demonstrate compliance.

i.

Preliminary architectural elevations of all buildings sufficient to convey the basic architectural intent and design style of the proposed improvements.

j.

Elevation drawings of proposed new commercial buildings or substantial improvement of existing commercial buildings on the property demonstrating that the basic design elements listed in subsections 34-287(2)a., b. and c. have been committed. If the basic architectural elements have not been committed, the applicant shall demonstrate how the design of the new or substantially improved commercial building(s) displays an overall character consistent with one of the preferred architectural styles listed in subsection 34-287(3)a. Preferred methods to communicate building design and style should be discussed with the land use officer at the pre-application conference.

(d)

Preliminary development plan. A preliminary development plan shall include the information required in a concept plan plus the following additional or more detailed information:

(1)

Existing conditions.

a.

A recent (taken not more than three years before the date of application) aerial photograph encompassing the project area and identifying the project area and total land areas. The scale shall be no smaller than one inch equals 800 feet.

b.

A soils map of the site (existing U.S. Soil Conservation Service maps are acceptable).

c.

A map of vegetative cover including the location and identity by common name of all protected trees. Groups of protected trees may be designated as "clusters" with the estimated total number noted. This information shall be summarized in tabular form on the plan.

d.

A topographic map of the site clearly showing the location, identification, and elevation of benchmarks, including at least one benchmark for each major water control structure.

e.

A detailed overall project area map showing existing hydrography and runoff patterns, and the size, location, topography, and land use of any off-site areas that drain onto, through or from the project area.

f.

Existing surface water bodies, wetlands, streams and canals within the proposed development site, including seasonal high-water table elevations and attendant drainage areas for each.

g.

A map showing the locations of any soil borings or percolation tests as may be required by this chapter. Percolation tests representative of design conditions shall be performed if the stormwater management system will use swales, percolation (retention), or exfiltration (detention with filtration) designs.

h.

A depiction of the site, and all land within 400 feet of any property line of the site, showing the locations of protected environmentally sensitive zones and restricted development zones.

i.

The location of any underground or overhead utilities, culverts and drains on the property and within 100 feet of the proposed development boundary.

j.

Location, names and widths of existing and proposed streets, highways, easements, building lines, alleys, parks, and other public spaces and similar facts regarding adjacent property.

k.

The 100-year flood elevation and special flood hazard area elevations, minimum required floor elevation and boundaries of the 100-year floodplain for all parts of the proposed development.

l.

Drainage basin or watershed boundaries identifying locations of the routes of off-site waters onto, through or around the project.

(2)

Proposed development activities and design.

a.

Generally.

1.

Area and percentage of total site area to be covered by an impervious surface.

2.

Grading plans specifically including perimeter grading.

3.

Construction phase lines.

b.

Buildings and other structures.

1.

Building plan showing the location, dimensions, gross floor area, and proposed use of buildings.

2.

Front, rear and side architectural elevations of all buildings.

3.

Building setback distances from property lines, abutting right-of-way centerlines, and all adjacent buildings and structures.

4.

Minimum floor elevations of buildings within any 100-year floodplain (area of special flood hazard).

5.

The location, dimensions, type, composition, and intended use of all other structures.

6.

Elevation drawings of proposed new commercial buildings or substantial improvement of existing commercial buildings on the property demonstrating that the basic design elements listed in subsections 34-287(2)a., b. and c. have been committed. If the basic architectural element have not been committed, the applicant shall demonstrate how the design of the new or substantially improved commercial building(s) displays an overall character consistent with one of the preferred architectural styles listed in subsection 34-287(3)a.

c.

Potable water and wastewater systems.

1.

Proposed location and sizing of potable water and wastewater facilities to serve the proposed development, including required improvements or extensions of existing off-site facilities.

2.

The boundaries of proposed utility easements.

3.

Location of the nearest available public water supply and wastewater disposal system and the proposed tie-in points, or an explanation of alternative systems to be used.

4.

Exact locations of on-site and nearby existing and proposed fire hydrants.

d.

Parking and loading.

1.

The layout of all streets and driveways with paving and drainage plans and profiles showing existing and proposed elevations and grades of all public and private paved areas.

2.

A parking and loading plan showing the total number and dimensions of proposed parking spaces, spaces reserved for handicapped parking, loading areas, proposed ingress and egress (including proposed public street modifications), and projected on-site traffic flow.

3.

The location of all exterior lighting.

4.

The location and specifications of any proposed garbage dumpsters.

5.

Cross sections and specifications of all proposed pavement.

6.

Typical and special roadway and drainage sections and summary of quantities.

e.

Tree removal and protection.

1.

All protected trees to be removed and a statement of why they are to be removed.

2.

Proposed changes in the natural grade and any other development activities directly affecting trees to be retained.

3.

A statement of the measures to be taken to protect the trees to be retained.

4.

A statement of tree relocations and replacements proposed.

f.

Landscaping.

1.

Location and dimensions of proposed buffer zones and landscaped areas.

2.

Description of plant materials existing and to be planted in buffer zones and landscaped areas.

g.

Stormwater management.

1.

An erosion and sedimentation control plan that describes the type and location of control measures, the stage of development at which they will be put into place or used, and maintenance provisions.

2.

A description of the proposed stormwater management system, including:

(i)

Channel, direction, flow rate and volume of stormwater that will be conveyed from the site, with a comparison to natural or existing conditions.

(ii)

Detention and retention areas, including plans for the discharge of contained waters, maintenance plans, and predictions of surface water quality changes.

(iii)

Areas of the site to be used or reserved for percolation including an assessment of the impact on groundwater quality.

(iv)

Location of all water bodies to be included in the surface water management system (natural and artificial) with details of hydrography, side slopes, depths, and water-surface elevations or hydrographs.

(v)

Linkages with existing or planned stormwater management systems.

(vi)

On-site and off-site rights-of-way and easements for the system including locations and a statement of the nature of the reservation of all areas to be reserved as part of the stormwater management system.

(vii)

The entity or agency responsible for the operation and maintenance of the stormwater management system.

3.

The location of off-site water resource facilities such as works, surface water management systems, wells or wellfields that will be incorporated into or used by the proposed project, showing the names and addresses of the owners of the facilities.

4.

Drainage and runoff calculations shall be in accordance with the stormwater management technical manual, Basis of Review for Surface Water Management Permit Association within the Southwest Florida Water Management District, as referenced in F.A.C. 40D-4 and 40D-40.

h.

Environmentally sensitive lands.

1.

The exact sites and specification for all proposed drainage, filling, grading, dredging and vegetation removal activities including estimated quantities of excavation or fill materials computed from cross sections, proposed within a protected environmentally sensitive zone or restricted development zone. (See articles VII and VIII of this chapter for prohibitions and restrictions on these activities.)

2.

Detailed statement or other materials showing the following:

(i)

The percentage of the land surface of the site that is covered with natural vegetation and the percentage of natural vegetation that will be removed by development.

(ii)

The distances between development activities and the boundaries of the protected environmentally sensitive zones.

3.

The manner in which habitats of endangered and threatened species are to be protected.

i.

Signs.

1.

Two blueprints or ink drawings of the plans and specifications of regulated signs, and method of their construction and attachment to the building or ground. The plans shall show all pertinent structural details, wind pressure requirements, and display materials in accordance with the requirements of this chapter and the building and electrical codes adopted by the town. The plans shall clearly illustrate the type of sign or sign structure as defined in this chapter; the design of the sign, including dimensions, colors and materials; the sign area and aggregate sign area; the dollar value of the sign; maximum and minimum heights of the sign; and sources of illumination.

2.

For regulated ground signs, a plan, sketch, blueprint, blue line print or similar presentation drawn to scale which indicates clearly:

(i)

The location of the sign relative to property lines, rights-of-way, streets, alleys, sidewalks, vehicular access and parking areas and other existing ground signs on the parcel.

(ii)

All protected trees that will be damaged or removed for the construction and display of the sign.

(iii)

The speed limit on adjacent streets.

3.

For regulated flat or building signs, a plan, sketch, blueprint, blue line print or similar presentation drawn to scale which indicates clearly:

(i)

The location of the sign relative to property lines, rights-of-way, streets, alleys, sidewalks, vehicular access and parking areas, buildings and structures on the parcel.

(ii)

The number, size, type and location of all existing signs on the same parcel, except a single business unit in a multiple occupancy complex shall not be required to delineate the signs of other business units.

(iii)

A building elevation or other documentation indicating the building dimensions.

j.

Subdivision. Proposed number, minimum area and location of lots, if development involves a subdivision of land. All other information as required to be included in the preliminary development plan as specified in article III of this chapter:

k.

Land use and dedications.

1.

Location of all land to be dedicated or reserved for all public and private uses including rights-of-way, easements, special reservations, and the like.

2.

Amount of area devoted to all existing and proposed land uses, including schools, open space, churches, residential and commercial, as well as the location thereof.

3.

The total number and type of residential units categorized according to number of bedrooms. The total number of residential units per acre (gross density and net density) shall be given.

l.

Wellfield protection. Location of on-site wells, and wells within 300 feet of any property line.

m.

Historic and archaeologic sites. The manner in which historic and archaeologic sites on the site, or within 1,000 feet of any boundary of the site, will be protected.

(e)

Final development plan. A final development plan shall include the information required in a preliminary development plan plus the following additional or more detailed information, and when applicable, all information and plan items required for final plat approval as specified in article III of this chapter.

(1)

Reserved.

(2)

Every development shall be given a name by which it shall be legally known. The name shall not be the same as any other name appearing on any recorded plat except when the proposed development includes a subdivision that is subdivided as an additional unit or section by the same developer or his successors in title. The name of the development shall be indicated on every page.

(3)

Reserved.

(4)

All interior excluded parcels shall be clearly indicated and labeled "Not part of this plat/development."

(5)

All contiguous properties shall be identified by development title, plat book, and page, or if the land is unplatted, it shall be so designated. If a subdivision to be platted is a resubdivision of a part or the whole of a previously recorded subdivision, sufficient ties shall be shown to controlling lines appearing on the earlier plat to permit an overlay to be made. All abutting existing easements and rights-of-way must be indicated. The abutting existing rights-of-way must be indicated to the centerline.

(6)

Restrictions pertaining to the type and use of existing or proposed improvements, waterways, open spaces, building lines, buffer strips and walls, and other restrictions of similar nature, shall require the establishment of restrictive covenants and such covenants shall be submitted with the final development plan for recordation.

(7)

Where the development includes private streets, ownership and maintenance association documents shall be submitted with the final development plan and the dedication contained on the development plan shall clearly indicate the roads and maintenance responsibility to the association without recourse to the town or any other public agency.

(8)

All manmade lakes, ponds, and other manmade bodies of water including retention/detention areas shall be shown on the final development plan. The ownership of any bodies of water shall not be dedicated to the public unless approved by the town.

(9)

Elevation drawings of proposed new commercial buildings or substantial improvement of existing commercial buildings on the property demonstrating compliance with Town of Inglis architectural design standards as per the findings of the planning commission during preliminary development plan review.

(f)

Master plan. A master plan is required for a development which is to be developed in phases. The master plan shall be submitted with the preliminary development plan for the first phase of the development (see subsection 34-35(e)). A master plan shall provide the following information for the entire development:

(1)

A concept plan for the entire master plan area.

(2)

A development plan for the first phase or phases for which approval is sought.

(3)

A development phasing schedule including the sequence for each phase, approximate size of the area in each phase, and proposed phasing of construction of public recreation and common open space areas and facilities.

(4)

Total acreage in each phase and gross intensity (nonresidential) and gross density (residential) of each phase.

(5)

Number, height and type of residential units.

(6)

Floor area, height and types of office, commercial, industrial and other proposed uses.

(7)

Total land area, and approximate location and amount of open space included in each residential, office, commercial and industrial area.

(8)

Approximate location of proposed and existing streets and pedestrian and bicycle routes, including points of ingress and egress.

(9)

Approximate location and acreage of any proposed public use such as parks, school sites and similar public or semipublic uses.

(10)

A vicinity map of the area within one mile surrounding the site showing:

a.

Land use designations and boundaries.

b.

Traffic circulation systems.

c.

Major public facilities.

d.

Municipal boundary lines.

(11)

Other documentation necessary to permit satisfactory review under the requirements of this chapter and other applicable law as required by special circumstances in the determination of the planning commission.

(Ord. No. 5-92, § 1.11, 8-25-92; Ord. No. 01-06, § 1a., 4-11-06; Ord. No. 05-06, § 1, 12-12-06; Ord. No. 10-11(Att. A), 1-10-12)

(a)

Application. Application for a development permit shall be made to the town on a form provided by the town clerk and may be acted upon by the town building official without public hearing or notice.

(b)

Review and issuance by the building official; authorization. The town building official shall only issue permits that are authorized by a final development order, or for development that is exempted from the development review process and that meets the requirements of this chapter.

(Ord. No. 5-92, § 1.12, 8-25-92)

(a)

State law controlling. The procedures in this section shall be followed in amending this chapter and the comprehensive plan. This section supplements the mandatory requirements of state law, which must be adhered to in all respects.

(b)

Application. Any person, board or agency may apply to the town to amend this chapter or the comprehensive plan in compliance with procedures prescribed by the town. When this chapter or the comprehensive plan is proposed to be amended in conjunction with a development proposal, the request for amendment and corresponding supporting data and analysis shall be submitted as part of the preliminary development plan application.

(c)

Amending this chapter. The town clerk shall refer applications to amend this chapter to the planning commission for formulation and submittal of comments to the town commission. The planning commission chairman shall refer the application to the town consulting engineer and town planning consultant. The planning commission chairman shall set the application for review at a legislative hearing (conducted in accordance with subsection 34-42(e)) before the planning commission upon receipt of comments from the town consulting engineer and town planning consultant, or 60 days from the date the application was referred to the town consulting engineer and town planning consultant, whichever comes first. The written findings of the planning commission's legislative hearing shall be forwarded to the town commission for consideration at the town commission's legislative hearing held in accordance with subsection 34-42(g). When the proposed amendment is in conjunction with a proposed development, the planning commission and town commission shall hold their legislative hearings prior to the preliminary development plan review. Any preliminary development order or denial of a preliminary development order shall be consistent with the findings and legislative action resulting from the town commission's legislative hearing.

(d)

Amending the comprehensive plan. Applications to amend the comprehensive plan shall be set for hearing (conducted in accordance with subsection 34-42(e) and F.S. § 163.3174(4)(a)) before the planning commission. When the proposed amendment is in conjunction with a proposed development, the planning commission shall hold its legislative hearing prior to its administrative hearing for preliminary development plan review. The written findings of the planning commission's legislative hearing shall be forwarded to the town commission for consideration at the town commission's legislative hearing held in accordance with subsection 34-42(g) and F.S. § 163.3184(15)(b)1. Any preliminary development order, or denial of a preliminary development order shall be consistent with the findings and legislative action resulting from the town commission's legislative hearing.

If the town commission has approved the proposed comprehensive plan amendment for transmittal to the state department of community affairs for objections, recommendations and comments (ORC) the preliminary development order shall require, as a contingency for the progression of the proposed development to final development plan review, that the transmitted amendment be adopted by the town commission and found to be "in compliance" as defined by F.S. § 163.3184(8)(a) and that the compliance determination shall not be the subject of intervention by an affected person in under F.S. § 163.3184(9)(b) or F.S. § 163.3184(10)(a).

(e)

Recommendation of planning commission. The planning commission shall hold a legislative hearing on each application to amend this chapter or the comprehensive plan and thereafter submit to the town commission a written recommendation which:

(1)

Identifies any provisions of the chapter, comprehensive plan, or other law relating to the proposed change and describes how the proposal relates to them.

(2)

States factual and policy considerations pertaining to the recommendation.

(3)

In the case of proposed amendments to this chapter, includes the written comments, if any, received from the town consulting engineer and/or town planning consultant.

(f)

Decision by town commission. The town commission shall hold a legislative hearing on the proposed amendment to this code and/or the comprehensive plan and may enact or reject the proposal, or enact a modified proposal that is within the scope of matters considered in the hearing.

(g)

Legislative hearing. Each legislative hearing shall conform to the following requirements:

(1)

Public notice that complies with the requirements of state law shall be given. (See F.S. ch. 166, pt. 1 and F.S. § 163.3184(15).)

(2)

The public hearing shall as a minimum:

a.

Comply with the requirements of state law.

b.

Present the planning commission's analysis of the proposed decision.

c.

Present the planning commission's summary of reports by the town engineer and/or the town's planning consultant.

d.

Permit any person to submit written recommendations and comments before or during the hearing.

e.

Permit a reasonable opportunity for interested persons to make oral statements.

(Ord. No. 5-92, § 1.13, 8-25-92)

(a)

Appeals from decisions of the building official. A developer or any adversely affected person may appeal a final decision of the building official on an application for a development permit. Appeals are made to the town commission by filing a notice of appeal with the town within 30 working days of the decision.

(b)

Appeals from decisions of the planning commission. A developer, an adversely affected party, or any person who appeared orally or in writing before the planning commission and asserted a position on the merits in a capacity other than as a disinterested witness, may appeal the decision on a development plan reached at the conclusion of an administrative hearing in accordance with section 34-44 of this Code.

(c)

Notice of appeal to town commission. The notice of appeal shall contain:

(1)

A statement of the decision to be reviewed, and the date of the decision.

(2)

A statement of the interest of the person seeking review.

(3)

The specific error alleged as the grounds of the appeal.

(d)

Appellate hearing. When a decision is appealed to the town commission, the town commission shall conduct the hearing in compliance with the following procedures as supplemented where necessary.

(1)

Scope of review. The scope of review shall be as follows:

a.

The review shall be limited to the record and applicable law.

b.

The town commission shall have the authority to review questions of law only, including interpretations of this chapter, and any constitution, ordinance, statute, law, or other rule or regulation of binding legal force. For this purpose, an allegation that a decision of the decision-maker is not supported by competent substantial evidence in the record as a whole is deemed to be a question of law. The town commission may not reweigh the evidence but must decide only whether any reasonable construction of the evidence supports the decision under review.

(2)

Authority of town commission. The town commission shall have the authority to:

a.

Request briefs to be filed on behalf of any party and prescribe filing and service requirements.

b.

Hear oral argument on behalf of any party.

c.

Adjourn, continue, or grant extensions of time for compliance with these rules, either on his own motion or upon application of the party, provided no requirement of law is violated.

d.

Dispose of procedural requests or similar matters including motions to amend and motions to consolidate.

e.

Keep a record of all persons requesting notice of the decision in each case.

(3)

Improper influence.

a.

No person who is party, nor a person who is reasonably likely to become a party in the near future, nor anyone appearing on behalf of a party, shall communicate ex parte, i.e. outside a hearing, with the town commission concerning any application pending or proposed, provided however, the town commission may consider requests regarding scheduling of hearings when made in writing.

b.

A member of the town commission shall neither initiate nor consider ex parte, i.e. outside a hearing, communications concerning a pending or impending proceeding. The town commission, however, may obtain the advice of a disinterested expert on law, planning or other subject applicable to a proceeding before him if he gives notice to the parties of the person consulted and the substance of the advice, and affords the parties reasonable opportunity to respond.

(4)

Decision of town commission and final action.

a.

The town commission must affirm each contested decision or find it to be in error. The town commission shall prepare a written opinion stating the legal basis for each ruling.

b.

When the town commission affirms a contested decision pertaining to a final action of a decision-maker, that action shall be deemed to be the final action of the decision-maker and shall be subjected to no further review under this chapter. The town commission shall submit the opinion to the decision-maker, and the parties.

c.

When the town commission finds any decision to be in error, that decision shall be referred back to the building office for compliance with the town commission's opinion.

(5)

Custody of books and papers. The town clerk shall be the custodian of all documents including the application, the town commission's decision, and the record of the proceedings.

(Ord. No. 5-92, § 1.14, 8-25-92; Ord. No. 10-00, § 1, 12-12-00)

(a)

Review of legislative decisions and final permitting actions. A final legislative action of the town commission, any final administrative permitting action per the land development code or a section 34-43 appeal may be reviewed in a court of proper jurisdiction as prescribed below.

(b)

Review of final action.

(1)

Any person or persons, jointly and severally, aggrieved by any final decision as defined in section 34-44(a) above may apply to the circuit court for judicial relief within 30 days of the decision being rendered.

(2)

Review in circuit court shall be by petition for writ of certiorari, which shall be governed by the Florida Appellate Rules.

(Ord. No. 5-92, § 1.15, 8-25-92; Ord. No. 10-00, § 2, 12-12-00)

(a)

Challenges to impartiality. A party to an administrative or appellate hearing may challenge the impartiality of any member of the hearing body or of the hearing officer. The challenge shall state by affidavit facts relating to a bias, prejudgment, personal interest, or other facts from which the challenger has concluded that the decision-maker cannot participate in an impartial manner. Except for good cause shown, the challenge shall be delivered by personal service to the planning commission chairman no less than 48 hours preceding the time set for the hearing. The planning commission chairman shall attempt to notify the person whose qualifications are challenged prior to the hearing. The challenge shall be incorporated into the record of the hearing.

(b)

Disqualification. No member of a hearing body and no hearing officer shall hear or rule upon a proposal if:

(1)

Any of the following have a direct or substantial financial interest in the proposal: the decision-maker's or the decision-maker's spouse, brother, sister, child, parent, father-in-law, mother-in-law; or if any such person shall have any business in which the decision-maker is then serving or has served within the previous two years; or any business with which the decision-maker is negotiating for or has an arrangement or understanding concerning prospective partnership or employment; or

(2)

The decision-maker owns property within the area entitled to receive notice of the hearing; or

(3)

The decision-maker has a direct private interest in the proposal; or

(4)

For any other valid reason, the decision-maker has determined that he cannot impartially participate in the hearing and decision.

(c)

Participation by interested officers or employees. No officer or employee of the town who has a financial or other private interest in a proposal shall participate in discussions with or give an official opinion to the hearing body or hearing officer on the proposal without first declaring for the record the nature and extent of the interest.

(d)

Ex parte contacts. Administrative decision-makers shall reveal any prehearing or ex parte, i.e., outside the hearing, contacts with regard to any matter at the commencement of the hearing on the matter. Typical preapplication discussions that do not dwell upon the particulars of the proposal are presumed and need not be stated. If the decision-maker's impartiality or ability to vote on the matter has been impaired, the decision-maker shall so state and shall abstain from participation in the decision. Appellate decision-makers shall have no ex parte contacts.

(e)

Involuntary disqualification. A majority of the members of a hearing body present and voting may for reasons prescribed by this chapter or other applicable law vote to disqualify a member who has refused to disqualify himself.

(f)

Rights of disqualified member of the hearing body. The rights of disqualified member of the hearing body shall be as follows:

(1)

An abstaining or disqualified member of a hearing body shall not be counted for purposes of forming a quorum.

(2)

A member who takes a position on the issue based upon personal interest may do so only by abstaining from voting on the proposal, vacating the seat on the hearing body, physically joining the audience, and making full disclosure of his status and position at the time of addressing the hearing body.

(3)

If the hearing body is reduced to less than a quorum by abstentions or disqualifications, all members present after stating their reasons for abstention or disqualification shall be requalified and proceed to resolve the issues.

(4)

A member absent during the presentation of evidence in a hearing may not participate in the deliberations or final decision regarding the matter of the hearing unless the member has reviewed the evidence received.

(Ord. No. 5-92, § 1.16, 8-25-92)

(a)

Definitions. The following words, terms and phrases when used in this section shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Major deviations means a deviation other than a minor deviation from a final development plan.

Minor deviations means a deviation from a final development plan that falls within the following limits and that is necessary in light of technical or engineering considerations first discovered during actual development and not reasonably anticipated during the initial approval process:

(1)

Alteration of the location of any road, walkway, landscaping or structure by not more than five feet.

(2)

Reduction of the total amount of open space by not more than five percent, or reduction of the yard area or open space associated with any single structure by not more than five percent, provided that such reduction does not permit the required yard area or open space to be less than that required by this chapter.

(b)

Inspection. The town clerk shall implement a procedure for periodic inspection of development work in progress, to be performed by the town building official, to ensure compliance with the development permit which authorized the activity.

(c)

Minor deviations. If the work is found to have one or more minor deviations, the planning commission shall amend the development order to conform to actual development. The planning commission may, however, refer any minor deviation that significantly affects the development's compliance with the purposes of this chapter to itself for treatment as a major deviation.

(d)

Major deviations.

(1)

If the work is found to have one or more major deviations, the town shall:

a.

Place the matter on the next agenda of the planning commission, allowing for adequate notice, and recommend appropriate action for the planning commission to take.

b.

Issue a stop work order and/or refuse to allow occupancy of all or part of the development if deemed necessary to protect the public interest. The order shall remain in effect until the planning commission determines that work or occupancy may proceed pursuant to its decision.

c.

Refer the matter to the code enforcement officer, if it appears that the developer has committed violations within the jurisdiction of the code enforcement board.

(2)

The planning commission shall hold a public hearing on the matter and shall take one of the following actions:

a.

Order the developer to bring the development into substantial compliance (i.e., having no or only minor deviations) within a reasonable period of time. The development order or permit may be revoked if this order is not complied with.

b.

Amend the development order or permit to accommodate adjustments to the development made necessary by technical or engineering considerations first discovered during actual development and not reasonably anticipated during the initial approval process. Amendments shall be the minimum necessary to overcome the difficulty, and shall be consistent with the intent and purpose of the development approval given and the requirements of this chapter.

c.

Revoke the relevant development order or permit based on a determination that the development cannot be brought into substantial compliance and that the development order or permit should not be amended to accommodate the deviations.

(e)

Action of developer after revocation of development order. After a development order or permit has been revoked, development activity shall not proceed on the site until a new development order or permit is granted in accordance with procedures for original approval.

(f)

Application for certificate of occupancy. Upon completion of work authorized by a development permit and final development order, and before the development is occupied, the developer shall apply to the town for a certificate of occupancy. The town building official shall inspect the work and issue the certificate if found to be in conformity with the permit and order.

(Ord. No. 5-92, § 1.17, 8-25-92)

(a)

Generally. The code enforcement board shall enforce this chapter according to the procedures set forth below.

(b)

Enforcement procedures. Enforcement procedures shall be as follows:

(1)

When the town code enforcement officer has reason to believe that the provisions of this chapter are being violated, he/she shall initiate enforcement proceedings. No member of the code enforcement board may initiate enforcement proceedings.

(2)

The code enforcement officer shall notify the alleged violator of the nature of the violations and provide a reasonable period of time to eliminate them. If the violation poses an immediate danger the code enforcement officer shall require immediate mitigation. If the violations are not eliminated within the time specified, the code enforcement officer shall notify the code enforcement board and request a hearing. If a violation presents a serious threat to the public health, safety, and welfare, the building inspector or code enforcement officer shall immediately take the case before the code enforcement board, even if the violator has not been notified.

(3)

Written notice of the request for hearing and of the date, time and place of the hearing shall be sent to the alleged violator by certified mail, return receipt requested, or by personal service. In addition, the officer shall comply with the procedures provided in F.S. § 162.12.

(4)

After a case is set for hearing, the secretary to the code enforcement board shall issue subpoenas as requested by the town code enforcement officer and the alleged violator. Subpoenas may be served by any person authorized by law to serve papers. The town shall pay all costs of issuing and serving up to and including four subpoenas requested by any party. Should a party request more than four subpoenas, that party shall pay all costs incurred in issuing and serving those in excess of four.

(5)

Hearings before the code enforcement board shall be conducted as follows:

a.

The secretary shall read the statement of violations and request for hearing.

b.

The alleged violator shall be asked if he wishes to contest the charges.

c.

The town shall present its case and alleged violator shall present his case. The town's case shall be presented by an attorney representing the town or by a member of the administrative staff of the town. The alleged violator's case may be presented by an attorney, or other representative chosen by the alleged violator.

d.

Both parties may call witnesses and all witnesses shall be sworn. All testimony shall be under oath and shall be recorded.

e.

Formal rules of evidence shall not apply, but fundamental due process shall be observed.

f.

Both parties may cross examine witnesses and present rebuttal evidence.

g.

The board and its attorney may call or question any witness.

h.

After all evidence has been submitted the chairperson shall close presentation of evidence.

i.

The board shall immediately deliberate and make a decision in open session. If a decision cannot be reached in the initial meeting, the board shall adjourn and reconsider the matter as soon as possible at a time and date certain.

j.

A decision of the board must be approved by at least four members of the board. The decision shall contain findings of fact and conclusions of law and shall state the affirmative relief granted by the board.

k.

The decision shall be announced as an oral order of the board and shall be reduced to writing within ten days and mailed to all parties.

l.

The board may, at any hearing, order the reappearance of a party at a future hearing.

(6)

The code enforcement board, upon finding a violation, shall issue an order to comply, setting a date certain for compliance, and a fine to be levied if the deadline for compliance is not met. The fine shall not exceed $250.00 for each day each violation continues past the specified compliance date, and $500.00 per day for repeat violations.

(7)

After an order has been issued by the code enforcement board and a date for compliance has been set, the code enforcement officer or other designated town official shall make a reinspection to determine compliance or noncompliance with the order.

(8)

The inspector shall file an affidavit of compliance or noncompliance with the secretary of the code enforcement board, and a copy shall be sent to the violator by certified mail return receipt requested.

(9)

If the inspector files an affidavit of compliance, the secretary to the code enforcement board shall close the file and so report to the board.

(10)

If the inspector files an affidavit of noncompliance with the secretary to the code enforcement board, the board may order the violator to pay the fine as specified in the board's order.

(11)

A copy of the order imposing the fine shall be mailed to the violator by certified mail, return receipt requested, personally served upon the violator.

(12)

If a fine remains unpaid for a period of 14 days, a certified copy of the order imposing the fine shall be recorded in the public records of the county, which shall thereafter constitute a lien against the land on which the violations exists, or if the violator does not own the land, upon any other real or personal property owned by the violator, and may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against personal property. If the fine remains unpaid for a period of one year following the date the lien was filed, the board may authorize the town attorney to foreclose on the lien.

(13)

In addition to the penalties prescribed above, the code enforcement board shall:

a.

Direct the planning commission not to issue any subsequent development orders for the development until the violation has been corrected.

b.

Inform the violator that no further work under an existing approval may proceed until the violation has been corrected.

(c)

Other penalties and remedies.

(1)

Generally. If the town determines that the code enforcement process delineated above would be an inadequate response to a given violation, it may pursue the following penalties and remedies, as provided by law.

(2)

Civil remedies. If any building or structure is erected, constructed, reconstructed, altered, repaired, or maintained or any building, structure, land, or water is used in violation of this chapter, the planning commission chairman, through the town attorney, may institute any appropriate civil action or proceedings in any court to prevent, correct or abate the violation.

(3)

Criminal penalties. Any person who violates any provision of this chapter shall be deemed guilty of a misdemeanor and shall be subject to a fine and imprisonment as provided by law.

(Ord. No. 5-92, § 1.18, 8-25-92)