- Section 219: Application of Standards
Based on the intent to not restrict the legal use of property and/or legal use of land and physical features, except when an activity and/or development has not resolved any reasonable and/or anticipatable cost, pollution, or realistically foreseeable issue that will effect the community as a whole or part, the Town Manager and designee’s are to determine what of the standards need to be considered and whether the intent and therefore the elements of any given standard of this LUC shall apply. In so doing the administrators shall determine whether a proposed development and/or its activities can potentially initiate an event or series of events that contravene the intent of the standards. The administrators shall only apply a standard and or parts of a standard when a development and/or its activities can potentially initiate an event or series of events that contravene the intention of the standard and/or any part of a given standard. If the administrators determine a standard and/or some of its parts apply, the administrators shall work with the applicant to identify how the concern shall be addressed so the development can perform to meet the standard. This may include using an alternative to an existing Town Standard of another best management practice and or design standard from a recognized source (published book or Code from, but not limited to, American Planning Association, International Building Code, municipality or government agency) that will meet the intent of the standard(s) of this Code. Applications are considered complete when all identified and applicable concerns are resolved to the satisfaction of the administrators and the applicant, or the applicant indicates they want the development proposed to the Planning Commission without further changes of the plan submitted to the administrators.
Even though the administrators have the responsibility to determine when a standard applies they may not ignore an applicable standard or standard part. The administrators shall apply the applicable elements of the standards in a fair, consistent, and equitable manner. The purpose of the standards is to provide a baseline level of performance that shall be met in order to maintain the objectives outlined in the purpose of this title. To the greatest extent possible the administrators will use processes and forms that are simple and easy to understand and document all such procedures to make development in the Town as easy and enjoyable an experience as possible. If an applicant feels the administrators have misapplied or unjustly interpreted the standards the applicant may immediately appeal the decision to the Planning Commission at their next meeting. The Planning Commission will determine whether to proceed with the interpretation of the administrators or recommend another interpretation and/or variance. Only items of interpretation of the standards may be appealed according to this section and must be confined to definite actions on detail. This section does not apply to issues of process, denial of permits, or types of approvals that must be complied with to be in conformance with this resolution.
Reviewing projects for compliance with standards is a critical part of the development review process. The administrators may, when necessary, decide that additional expertise is needed to review a project. The administrator’s decision can be appealed as described in this title. If the administrators, or upon appeal, the Planning Commission recommends and Town Council finds additional expertise is needed, the administrators and the applicant will select a consultant to review the project or portions of the project. If the Administrators and the applicant cannot agree on a consultant, the Town Council will select the consultant. All costs for the consultant will be charged to the applicant. Consultant assistance should only be used for very complex projects or when certain aspects of a project are beyond Town staff expertise.