§ 8.3. Procedural Requirements

As provided in Section 8.2 above, certain procedural steps are involved in connection with the various approvals contemplated by this Ordinance. Additional information regarding and requirements for these various procedural steps are as follows. [Note: all of these procedural steps may not be applicable to every application or approval that is contemplated by this UDO. See, for example. Sections 8.4—8.7.].

1.

Pre-Sketch Drawing (Mandatory for Major Subdivision, Conditional District Rezoning, Nonresidential By-Right Development). An Applicant shall prepare a Pre-Sketch Drawing in compliance with Subsection 8.2(B)(1) to facilitate review and comment at an Initial Information Meeting with staff and/or a Public Information Meeting.

2.

Initial Information Meeting with Staff (Mandatory for Major Subdivisions, Conditional District Rezoning Applications and Nonresidential By-Right Developments). For all Major Subdivision, Conditional District rezoning and Nonresidential By-Right Development proposals, prior to submitting a Sketch Plan, the Applicant shall meet with the Mint Hill Planning Staff to discuss any questions, concerns and/or unique issues with the proposed development project in order to insure that the Applicant fully understands the review and approval process, submittal requirements, applicable deadlines, fees and overall expectations for the project and application submittal process.

3.

Public Information Meeting ("PIM") (Mandatory for any Conditional District Rezoning application for a nonresidential proposed use abutting a residentially zoned district and any proposed development project that meets the traffic thresholds requiring a Traffic Impact Analysis). In connection with all requests for any Conditional District Rezoning application for a nonresidential proposed use abutting a residentially zoned district and any proposed development project that meets the traffic thresholds requiring a Traffic Impact Analysis, the Applicant shall hold a PIM. The purpose of the PIM is to provide a framework for creating a shared vision with community involvement. The PIM is designed to facilitate communication between an Applicant and adjacent and surrounding property owners and to alert Town planning staff and the Town Planning Board and Board of Commissioners to additional potential issues and concerns with the proposed development project.

a.

In connection with the preparation of the Sketch Plan and prior to making a formal application, the Applicant shall meet with the adjacent and surrounding neighbors and property owners to advise them of the nature and scope of the development proposal. The PIM shall be scheduled and conducted by the Applicant in accordance with the following requirements:

(i)

The Applicant shall develop and provide to Town planning staff an agenda, schedule, location and list of participants (such as landscape architects, engineers, etc.) to answer questions from citizens and service providers for the PIM. The Town may post the PIM information on its website. Town planning staff may attend the PIM but is not required to do so.

(ii)

It is recommended that the PIM last two (2) to three (3) hours, depending on the nature of the proposed development project and its location. A minimum of one hour should be scheduled during normal business hours to allow service providers and other public agencies (such as public works officials, NCDOT, NCDENR, etc) to participate as needed.

(iii)

Notice of the PIM shall, at a minimum, be given as follows:

(a)

Publication. The Applicant shall be responsible to pay for and publish notice by sending such notice to a newspaper having general circulation in the Town not less than ten (10) days nor more than twenty-five (25) days prior to the date of the PIM. The Applicant shall provide proof of the newspaper notice.

(b)

Mailing. A notice shall be sent by first class mail by the Town on behalf of the Applicant to the most recent owners, as identified in the Charlotte-Mecklenburg Polaris GIS System, of all properties that lie within two hundred (200) feet as measured from the exterior boundaries of the proposed development project site. The Town shall provide or create mailing labels that depict the names and addresses of the owners of all properties within the requisite two hundred (200) foot boundary area. The Applicant shall also provide the Town with as many copies as needed of the notification, which shall contain information regarding the PIM time and location, as well as a general description of the proposed development project. The Applicant shall pay the Town the requisite fee for mailing the notification under the then-currently-adopted fee schedule for such mailings. The Town shall then mail the notice not less than fourteen (14) days prior to the date of the PIM.

(c)

Posting. A PIM notification sign shall be posted by the Town in a conspicuous place at the property not less than ten (10) days prior to the PIM. The sign shall indicate date, time and location(s) of the PIM. In lieu of any or all of this information to be contained on this posted notice, the notice may give a phone number where interested parties may call during normal business hours to get further information on the PIM.

(iv)

The Applicant will keep detailed notes of comments, issues, questions and concerns raised or received during the PIM and will provide a copy of such to planning staff after the PIM.

(v)

In the event the Applicant would like to request an informal advisory review and comments from the Planning Board and/or Board of Commissioners pursuant to the next section following the PIM, the Applicant shall have the opportunity to incorporate changes to the Sketch Plan to take into account information and comments received.

4.

Traffic Impact Analysis (Mandatory if Thresholds for Traffic are Met for Major Subdivisions, Conditional District Rezoning Applications and Nonresidential By-Right Developments). All applicants for Major Subdivision, Conditional District rezoning applications and Nonresidential By-Right Development approvals shall obtain and submit a Traffic Impact Assessment only when either peak hour trips from the proposed development project are estimated to exceed two hundred (200) or the total daily trip volume from the proposed development project is estimated to exceed two thousand (2,000). If either of those thresholds is estimated to be met, a Traffic Impact Analysis prepared by a licensed engineer shall be required.

The traffic impact assessment shall include at a minimum:

a.

Existing traffic conditions within the study area boundary;

b.

Traffic volumes generated by the existing and proposed development on the parcel, including the morning peak, afternoon or evening peak and average annual daily traffic levels;

c.

The distribution of existing and proposed trips through the street network;

d.

Analyses of the capacities of intersections located within the study area boundary;

e.

Recommendations for improvements designed to mitigate traffic impacts and to enhance pedestrian access to the development from the public right-of-way; and

f.

Other information reasonably requested by the Administrator that is reasonably related to the traffic impact of a proposed development.

Note: NCDOT has separate guidelines for when a TIA is required. When NCDOT requires a TIA, a single TIA, meeting both NCDOT's requirements and the requirements of this Ordinance may be prepared and submitted.

5.

PCO Concept Plan, see Article 6.

6.

Sketch Plan (Mandatory for Major and Minor Subdivisions, Conditional District Rezoning Applications, Nonresidential By-Right Developments, and Whenever a PCO Concept Plan is Required). All applicants for Major and Minor Subdivisions, Conditional District rezoning and Nonresidential By-Right Development approvals (and any other applications that require submission of a PCO Concept Plan) shall submit a Sketch Plan meeting the requirements set forth in Subsection 8.2(B)(2). Applicants shall submit as many copies of the Sketch Plan as required in the UDO Admin Manual, which may be updated from time to time in the Administrator's discretion. The Sketch Plan is typically submitted to the Administrator concurrently with submission of the PCO Concept Plan (see Article 6, Section 6.8) to the Stormwater Administrator and may be one and the same submittal. In the event a PCO Concept Plan is not required for a proposed development project, the Applicant shall nevertheless submit a Sketch Plan as required by this Section and the requirements of Subsection 8.2(B)(2). The Administrator may require more information for a Sketch Plan submittal as indicated in the UDO Admin Manual, which may be updated in the Administrator's discretion. The Administrator may also waive certain requirements or specific elements of a Sketch Plan where a PCO Concept Plan is not required or where the Administrator determines that submission of specific elements of a Sketch Plan serves no useful purpose. Review of a Sketch Plan is advisory; no approval or permit is issued, and such review does not create any vested rights to develop.

7.

Initial Staff and TRC Review (Mandatory for All Sketch Plans).

a.

The Town staff and TRC shall review the Sketch Plan and the TIA to identify issues with the proposed development project and determine compliance with the requirements of this Ordinance. The Town staff will provide detailed comments to the Applicant regarding issues identified and recommend any needed changes to the Sketch Plan to bring it into compliance with the requirements of this Ordinance and/or other applicable legal requirements.

b.

In accordance with Article 6, Section 6.8, if a PCO Concept Plan is required for a proposed development project, the Stormwater Administrator will review it to determine its compliance with this Ordinance and the Post-Construction Ordinance. The Stormwater Administrator will either approve or disapprove the PCO Concept Plan. In the event of disapproval, the Stormwater Administrator will provide detailed comments to the Applicant regarding issues identified and recommended changes to the PCO Concept Plan to bring it into compliance. In such case, the Applicant shall be required to resubmit a compliant PCO Concept Plan for approval by the Stormwater Administrator before a Zoning Plan or Site Plan application will be formally considered by a Town board.

c.

When the PCO Concept Plan is approved and the Applicant is therefore ready to move forward in the application process, the Applicant may incorporate the TRC's proposed recommendations, changes and comments to the Sketch Plan as necessary when preparing the formal Zoning Plan or Site Plan application so as to ensure compliance with all provisions of this Ordinance.

8.

Informal Advisory Review by Planning Board and/or Board of Commissioners (Optional). Depending upon 1) the scope of the proposed development project, 2) the nature and extent of the TRC comments, 3) the nature and extent of the PIM comments, and 4) the financial investment required to develop a detailed Zoning Plan or Site Plan for formal application, an Applicant may request an informal advisory review and initial comments from the Planning Board and/or the Board of Commissioners in accordance with the following. This review is advisory and nonbinding and confers no vesting or other rights. This optional step is intended to facilitate communication and information sharing between the Applicant and Planning Board and/or Board of Commissioners.

a.

Informal Advisory Review by Planning Board (Optional).

(i)

When an Applicant requests an informal advisory review by the Planning Board, Town Planning staff shall prepare a report ("staff report") addressing the proposed development project's: 1) compliance with this Ordinance and other applicable codes and ordinances, 2) the TRC's recommended changes and/or conditions, and 3) either a narrative summary or copy of the PIM comments as provided by the Applicant under the previous Section.

(ii)

If there are more than ten (10) business days until the next regularly scheduled meeting of the Planning Board, Town staff shall schedule and include the item on the agenda for the next regularly scheduled meeting of the Planning Board after the Applicant's request; if there are less than ten (10) business days, it shall be scheduled for the subsequent month's meeting after the Applicant's request.

(iii)

The Mint Hill Planning Board shall review the Sketch Plan submittal, the staff report, and the comments of the Applicant and his or her architect or engineer or other agent. After the review and examination, the Mint Hill Planning Board shall provide comments to the Applicant and advise the Applicant about how to improve the proposed development project.

b.

Informal Advisory Review by Board of Commissioners (Optional).

(i)

An informal advisory review before the Mint Hill Planning Board is not a prerequisite to any informal advisory review from the Mint Hill Board of Commissioners but is generally advised.

(ii)

When an Applicant requests an informal advisory review by the Board of Commissioners, Town Planning staff shall prepare a staff report addressing the proposed development project's: 1) compliance with this Ordinance and other applicable codes and ordinances, 2) the TRC's recommended changes and/or conditions, 3) either a narrative summary or copy of the PIM comments as provided by the Applicant under the previous Section and 4) if applicable, the Planning Board's recommended changes and/or conditions of approval.

(iii)

If there are more than ten (10) business days until the next regularly scheduled meeting of the Board of Commissioners, Town staff shall schedule and include the item on the agenda for the next regularly scheduled meeting of the Board of Commissioners after the Applicant's request; if there are less than ten (10) business days, it shall be scheduled for the subsequent month's meeting after the Applicant's request.

(iv)

The Mint Hill Board of Commissioners shall review the Sketch Plan submittal, staff report and comments of the Applicant and his/her architect or engineer or other agent. After review and examination, the Mint Hill Board of Commissioners shall provide comments to the Applicant and advise the Applicant about how to improve the proposed development project.

9.

Zoning Plan, and/or Site Plan Submittal [Zoning Plan required for Conditional District Rezoning Site Plan required for Major Subdivisions, Conditional District Rezoning (after an approval of Zoning Plan by Town Board), and Nonresidential By-Right Development]. All applicants for Conditional District rezoning shall submit a Zoning Plan meeting the requirements set forth in subsection 8.2(B)(3). All applicants for Major and Minor Subdivisions, Conditional District rezoning and Nonresidential By-Right Development approvals shall submit a Site Plan meeting the requirements set forth in Subsection 8.2(B)(4).

10.

Formal Staff and TRC Review After Application Submitted. In connection with all applications requiring Zoning Plan or Site Plan approval (i.e., Conditional Rezoning Applications, Major Subdivisions and Nonresidential By-Right Developments), Town staff and TRC shall review the Zoning Plan and/or Site Plan and the TIA to identify issues with the proposed development and determine compliance with the requirements of this Ordinance. Town staff will provide detailed comments to the applicable reviewing board regarding issues identified and recommend any needed changes or conditions to the Zoning Plan or Site Plan to bring it into compliance with the requirements of this Ordinance and/or other applicable legal requirements. If Town staff or TRC proposes a finding or conclusion that the application fails to comply with the requirements of this Ordinance, it shall identify the requirement in question and specifically set forth supporting reasons for the proposed findings or conclusions in the report to the applicable board.

11.

Public Hearing. Public hearings shall be conducted when required by State law and in accordance with any applicable state law requirements. Notice of such public hearings shall comply with all notice requirements as mandated by State law. Town staff may elect to provide notice of public hearings in a more extensive manner than the minimum standards required by State law, but such additional notice shall be as a courtesy only, and providing or failing to provide any notice(s) in addition to the minimum State law requirements shall not give any rights or remedies to any person. Detailed public hearing requirements can be found in Section 8.5.1, Subsections (E) and (F) and Subsections 9.1(D) and (E) for Variances.

12.

Planning Board Review and Decision or Recommendation. Subject to Subsection 8.3(B)(7), the Planning Board shall review and decide or make recommendation as appropriate on matters before it in accordance with other provisions of this Ordinance and applicable laws.

13.

Board of Commissioners Review and Decision. Subject to Subsection 8.3(B)(7), the Board of Commissioners shall review and decide matters before it in accordance with other provisions of this Ordinance and applicable laws.

14.

Issuance of Land Development Permits (and Other Applicable Permits). Town staff (and/or Mecklenburg County LUESA staff and the Stormwater Administrator) shall review applications for various Land Development Permits (including Stormwater permits), and upon compliance with applicable Ordinance provisions and other applicable legal requirements, issue the applicable permit(s). The Town will place an administrative hold on issuance of Land Development Permits within the LUESA system pending prerequisite Town approvals (e.g., Planning Board approval of Site Plans for Major Subdivisions, Board of Commissioners approval of Zoning Plans for Conditional District rezonings, Administrator approval of Site Plans for Nonresidential By-Right Developments, etc). From a timing perspective, Town Board or Administrator approval occurs in a parallel process and generally concurrently with LUESA and Stormwater Administrator approval of Site Plans. It should be noted, however, that the approval processes are not dependent upon or determinant of one another. For example, LUESA may require an Applicant to further modify certain engineering-level or other details of a Site Plan to bring it into compliance with this Ordinance and other applicable legal requirements (e.g., engineering standards and State building codes) despite the fact that the applicable Town Board (or Administrator) has already approved the Site Plan. Alternatively, LUESA may have already approved a Site Plan, but during Town review, the applicable Town Board (or Administrator) requests a change that necessitates a modification to the engineering-level or other details of a Site Plan, which then requires LUESA review and reapproval to the final Site Plan. Typically the applicable Town Board (or Administrator) will approve an application contingent upon 1) LUESA approval of the engineering and construction level drawings and 2) final staff review of LUESA-approved plans to ensure no material deviation exists between the Board-approved Site Plan and that approved by LUESA. In the event no material deviation exists, the Town Board (or Administrator) approval shall become effective. In the event staff identifies any material deviation between the Site Plan approved by the Town Board and that approved by LUESA, the Applicant shall be required to resubmit the LUESA-approved Site Plan to the Board for its final approval. Once the final Site Plan has been approved by the applicable reviewing Board, the Administrator will release the administrative hold on the Land Development Permits in the LUESA system to allow the Applicant to commence with horizontal work on the site under the properly-issued Land Development Permits.

15.

Building Permit.

a.

Before commencing the construction or erection of any building or structure or part thereof, or before making any structural alterations or additions to any building or structure, a Building Permit shall be obtained. The Administrator shall not approve the application for a Building Permit unless the plans, specifications and intended use of the building or structure all conform to all the applicable provisions of this Ordinance.

b.

A Building Permit shall be issued only for that phase of a development that has been approved by the Town under this Ordinance.

c.

In addition to all other applicable provisions of this Ordinance, all applications for a Building Permit shall be accompanied by construction drawings in compliance with an approved Site Plan and applicable submittal requirements, legibly drawn to scale and fully dimensioned, showing all existing and proposed structures and all other applicable information, including, but not limited to, off-street parking, landscaping and screening. A copy of the construction drawing shall be retained in LUESA files.

d.

Any Building Permit shall become invalid unless the work authorized by such permit shall have been started within six (6) months of the date it was issued, or in the event the work authorized by such permit shall have been abandoned or substantially suspended for a period of one year as reasonably determined by the Administrator.

e.

Building Permits issued in conformance with the North Carolina Building Codes and the Unified Development Ordinance of the Town of Mint Hill, prior to the date of adoption of this Ordinance, shall be valid only if the work authorized by such permit has commenced within a six-month period from the date of issuance. If the work has not been started, the permit shall be void, and a new permit consistent with all the provisions of this Ordinance shall be required.

f.

When a mobile home or trailer is used, as provided for in Subsections 6.9.6(1) and (2), permits for the mobile homes or trailers shall be obtained at such time as the permits are obtained for the structure to be erected on the lot or parcel of land upon which the mobile home or trailer is located.

16.

Final Inspections and Approvals. Upon completion of work authorized by various Land Development Permits and/or a Building Permit, a final field inspection shall be conducted to confirm all applicable requirements have been satisfied.

a.

Land Development Permits. For all Land Development Permits, final "as-built" drawings are approved as evidence of compliance.

b.

Building Permits/Certificates of Occupancy. For all Building Permits, a Certificate of Occupancy is issued as evidence of compliance.

(i)

No existing building, structure or land, shall be changed in use, nor shall any new structure or unoccupied land be occupied, until such time as a Certificate of Occupancy has been issued.

(ii)

No Certificate of Occupancy shall be issued until such time as the use of structures and land complies fully with all applicable provisions of this Ordinance, with the Land Development Permits issued, the Building Permit issued and with all plans approved. The Town has the authority to place an administrative hold on all Certificates of Occupancy in the LUESA system prior to their issuance; furthermore, the Town shall not release the administrative hold to allow a Certificate of Occupancy to be issued unless the final, as-built development complies with all the requirements of this Ordinance and the approvals, applicable Land Development Permits and Building Permits issued hereunder.

(iii)

The use of land for agricultural purposes shall be excluded from the requirements of this Section.

(iv)

No Certificate of Occupancy for any use shall be issued unless the building or structure is constructed or used, or the land is developed or used, in conformity with an approved site plan or an approved amendment of such plan. In the event only a segment of a proposed development project had been approved, the Certificate of Occupancy shall be issued only for that portion of the development so approved.

(v)

Pursuant to the requirements of Article 6, Section 6.10 (Guarantees and Performance Bonds), Certificates of Occupancy may be issued where sufficient performance guarantees and/or bonds are in place.

(Ord. No. 598, 4-14-2011; Ord. No. 633, 3-14-2013)