9-1-18-4-1: CLASS D MAJOR DEVELOPMENT PERMIT PROCESS:
A. Preapplication Conference: A preapplication conference with a member of the community development staff shall be held prior to the submittal of an application.
B. Application Requirements: The applicant shall file an application, a short description of the proposal and three (3) copies of any maps, drawings or materials needed to adequately describe the proposal. All drawings and maps shall be to scale. The application shall be accompanied by a fee in the amount required by chapter 10 of this title. The director may require the following materials to be submitted as a part of a complete application:
1. Site plan;
2. Landscaping and defensible space plan;
3. All elevations of the proposed building or modification;
4. Floor plans;
5. Preliminary drainage and utility plans;
6. A sample paint chip of each color to be used, keyed to the proposed location of the color on the building as shown on the elevation drawing; and
7. Electronic copy of plans.
C. Procedure: Once the application and accompanying material have been submitted, the director shall within five (5) days determine if the public interest would better be served by requiring conformance with the Class D minor or the Class C development process rather than Class D major. If the director determines that the application should be processed as either a Class D minor or a Class C, the applicant shall then meet the requirements of the applicable development permit process. If not, the director shall process the application as follows:
1. Within twenty two (22) days of receipt of the complete submittal, the director shall review the proposal and grant or deny it as he deems appropriate, with or without conditions. The director may refer the application to the town engineer for review.
2. All decisions shall be forwarded to the planning commission for its information only.
3. Once the decision has been finalized, the director shall transmit the final decision to the applicant; and, if the application is approved, shall issue a development permit, with or without conditions.
D. Appeal:
1. A decision of the director concerning a Class D major application may be appealed by the applicant to the planning commission within five (5) days after the director has rendered his decision by filing written notice with the department of community development. If no appeal is filed within the five (5) day period, the decision of the director shall be final.
2. Appeals shall be in writing on forms provided by the town. In addition, the applicant shall be responsible for paying any additional fees required for the review of a Class C item, over and above those fees already paid for review of a Class D major application.
3. If an appeal is filed, the application shall automatically become a Class C development permit application and shall be reviewed by the planning commission and town council under the provisions of section 9-1-18-3 of this chapter.
E. Town Engineer Approval: Applicant shall receive approval from the town engineer per title 10 of this Code prior to issuance of a building permit, beginning any construction, or beginning any grading work. Permits that may be required from the town engineer include an infrastructure permit, a floodplain development permit, and right-of-way permit. (Ord. 1, Series 2014; amd. Ord. 3, Series 2022)