Section 7-211 Procedures for Final Review for Minor or Insubstantial Activities
An applicant seeking a CA for a minor or insubstantial activity shall follow the steps outlined below. The common review procedures for each stage are set out in Article 5 of this Title.
7-211.A. Pre-Application Conference. The applicant may attend a pre-application conference prior to submission of an application.
7-211.B. Submit Application. The applicant shall submit a complete application to the Planning Director containing the materials applicable to the type of activity proposed listed in Sections 7-207 through 7-210 of this Division.
7-211.C. Staff Review and Referral. The Planning Director shall review and refer an application in conformance with Sections 5-203.A and B of this Title.
7-211.D. Public Notice. Public notice and hearing shall be required for minor activity applications. Minor scale applications for new construction or additions of 950 s.f. or more of new floor area shall require public notice as a Level 3 Notice according to the provisions of 5-204.C. Notice for all other minor activities shall be accomplished as a Level 1 Notice according to the provisions of 5-204.C and by publication of the meeting agenda on which the activity shall be heard to the Town’s Web Site. Approvals for insubstantial activities shall be handled administratively and, therefore, do not require public notice except as provided for in Section 7-303.A.
7-211.E. Staff Report. A written staff report evaluating the application’s compliance with the review standards contained in this Article and other applicable provisions of this Title shall not be required for minor or insubstantial activities. The staff shall provide a verbal report at the meeting of the H.A.R.C. Chairperson.
7-211.F. Public Review and Action. The H.A.R.C. Chairperson shall hold a public hearing to review the conformance of a proposed minor activity with all applicable provisions of this Title. Insubstantial activities may be reviewed without public notice, except as provided for in Section 7-303.A. All hearings and decisions shall be conducted and rendered in accordance with Sections 5-206.C and D of this Title. Any final action on an application by the H.A.R.C. Chairperson or Planning Director may be appealed in accordance with Section 7-217 infra.
7-211.G. Actions Following Approval. Conditions of approval requiring actions prior to issuance of a certificate of appropriateness must be addressed by the applicant and submitted within sixty (60) days of the rendering of a decision of approval, or the approval shall be deemed null and void. The CA shall be effective upon the date of signature of the HARC Chairperson.The applicant may apply for a building permit following approval of the application and the filing and recordation, as necessary, of any documents required by the approval or as specified under Section 5-209 of this Title. All fees must be paid. The H.A.R.C. Chairperson and Planning Director shall transmit a copy of each approved CA to the Building Official to authorize issuance of the permit. The Building Official shall follow the requirements of Section 7-206.H of this Division in issuing a building permit.
7-211.H. Notice. Public notice announcing the approval of a minor activity shall be published in accordance with the provisions of Section 5-208.H of this Title, excepting approvals for the installation of signs and approvals for extensions to CAs that do not constitute site specific development plans.
7-211.I. Vesting. An approval of a final plan for minor activity shall constitute a site specific development plan, except for final plan approvals for the installation of signs and approvals for extensions of CAs that do not constitute site specific development plans. Insubstantial activity approvals shall not constitute site specific development plans.
7-211.J. Expiration and Extensions. An approval of a minor or insubstantial activity shall expire three (3) years from the effective date of the minor activity site specific development plan.
7-211.J.1. H.A.R.C. Chairperson or Planning Director, respectively, may grant an extension of a minor or insubstantial activity approval for an additional period of up to three (3) years if H.A.R.C. Chairperson or Planning Director, respectively, determines the activity is consistent with current Design Guidelines and Design Considerations, as stated in Section 7-105, and the purposes of Article 7, Division 1, and if the applicant demonstrates a legitimate need to delay the start of construction, including inclement weather, financing difficulties, or similar factors. Note: extension of a vested property right may only be granted by the Town Council in accordance with Section 5-208 of this Title and a minor activity plan extension as awarded by H.A.R.C. Chairperson may be subject to changes in the Land Use Code absent a corresponding extension in a vested property right.
7-211.J.2. An application for extension of a CA shall be submitted to the Planning Director no less than two (2) months prior to the expiration of the CA and the HARC Chairperson shall act on such extension request prior to the expiration date of the CA.