Section 5-209 Actions Following Development Approval
5-209.A. File Required Documents. Following approval of a development application, and except as may be otherwise required in a more specific provision of this Title, the applicant shall submit to the Planning Director those documents which are required by the approval of the application.
5-209.A.1. As a condition of approval of a development application, an applicant may be required to execute a development agreement with the Town that incorporates all conditions of the approval including, without limitation, time limits for completion of the development
a. The development agreement shall be binding upon the applicant and any successor in interest. Any violation of the development agreement shall be considered a violation of this Title.
b. The development agreement may be incorporated into a subdivision improvements agreement or a planned unit development plan, as appropriate.
5-209.A.2. For all development applications approved by the Planning and Zoning Commission and for all development applications approved by H.A.R.C. for construction of new structures, the applicant shall file with the Planning Director at least two prints containing the approved site plan and incorporating any conditions of approval. The Planning Director shall endorse and date any required mylar of the final plan upon finding it conforms with the approval granted and adequately documents all terms of approval. A mylar or other reproducible copy of the site plan shall remain on file in the Planning Department. If deemed appropriate, the Planning Director shall promptly record the final documents, upon payment of recording fees by the applicant.
5-209.B. Application For Building Permit. The applicant may apply to the Building Official for a building permit following execution and/or recordation of required development approval documents.
5-209.B.1. A building permit may be applied for after final approval of a development application, but no building permit shall be issued until after any appeal or call up period has expired or, in the event an appeal or call-up occurs, until after final action on the appeal or call-up. An applicant for such permit bears all risks of any subsequent disapproval pursuant to an appeal or call up.
5-209.B.2. Prior to issuance of a building or other permit the Building Official, in consultation with the Planning Director, shall determine whether applicable provisions or conditions of the development agreement or development approval have been met.
5-209.B.3. If applicable provisions or conditions of a development agreement or development approval have not been met, the Planning Director may refer the matter to the appropriate reviewing body which shall determine whether the applicant has failed to comply with the development agreement or approval. If so, the reviewing body may:
a. Revoke the approval; or
b. Impose additional conditions or modifications to carry out the purposes of the original approval; or
c. Recommend enforcement remedies.
5-209.B.4. At any time after the execution of a development agreement or approval document any interested person aggrieved by an alleged failure of the applicant or its successors to comply with the development agreement or approval may request a hearing before the reviewing body to determine whether the conditions of the agreement have been met.
5-209.C. Re-Application for Development Approval. If the Town finally denies a development application, the applicant or any successor in interest may not file a substantially similar development application for a period of one (1) year from the date of final action.
5-209.D. Amendments. Except as otherwise specified in this Title, development approvals may be amended by following the same procedures as for the initial application.