INSPECTION
- Submittal of an application provides consent, by the applicant, for the [PERMITTING AUTHORITY] to enter upon private real property to conduct routine inspections as needed.
WITHDRAWAL
- An application may be withdrawn without prejudice at any time prior to the issuance of the public notice advertising the development review public hearing where the application will be reviewed.
- Once the public notice advertising a development review public hearing has been issued, a request to withdraw an application can only be granted by the Permitting Authority. Upon request to withdraw without prejudice, the Permitting Authority has the option to do one of the following:
- Approve a request to withdraw without prejudice; or
- Deny the request and proceed to evaluate the application based on the merits of the information submitted.
- Withdrawn applications are not eligible for a refund of fees, unless explicitly authorized by the Town Administrator.
REPETITIVE APPLICATIONS
- A denied application will not be reconsidered for a minimum of 2 years from the date that final action was taken by the Permitting Authority unless the Permitting Authority determines that substantial new evidence is available, or a significant mistake of law or of fact was made in the prior denial, that justifies reconsideration of the application.
- If the application is resubmitted earlier than 2 years from the date of final action, the subsequent application must include a detailed statement of the evidence justifying its reconsideration.
- Re-submittal of applications withdrawn without prejudice must not be considered a repetitive application.
FAILURE TO ACT
- Failure by a Permitting Authority to hold a public hearing or take final action on an application within the maximum time requirement or permitted extensions, as applicable, must result in the approval of the application at the expiration of said time periods.
FINDINGS
- Decisions must include a detailed record of proceedings indicating the vote of each member, the reason for its decisions, its official actions and any conditions of approval.
CERTIFICATION & RECORDING OF DECISION
- Filing of the Decision. Decisions will be filed by the Permitting Authority as indicated for each type of development review with the Town Clerk within five business days after the decision is made. The Town Clerk will date stamp the decision, beginning the time period for which an appeal may be filed.
- Notice of the Decision. Notification of the decision must be mailed to the petitioner, applicant, and appellant, as applicable.
- The applicant must take a copy of the decision provided by the Office of the [PERMITTING AUTHORITY] to the Town Clerk for certification that no appeals have been filed.
- Archiving of Decision. Once the Town Clerk has certified that the decision has not been appealed, the applicant must archive the decision in accordance with this Code. No Zoning Permit will be issued without physical evidence that a required or requested waiver, special permit, and/or variance granted by a Permitting Authority has been properly filed with the [NAME OF COUNTY] Registry of Deeds.
- Recording of Plans. Plans approved and signed by the Planning [BOARD / COMMISSION] must be recorded at the [NAME OF COUNTY] Registry of Deeds within six months. Failure to record plan may be construed by the Planning [BOARD / COMMISSION] as abandonment of the plan and may cause the Planning [BOARD / COMMISSION] to take action to repeal its decision.
- A Zoning Permit remains valid for 1 year. A Subdivision Plan approval remains valid for 2 years.