Article 13.5 - Applicability

13.5.1 Generally

Except as provided in subsection 13.5.2, below, the provisions of this Article shall apply only to Development Proposals submitted on or after the effective date of this Article, as follows:

a) Residential Uses.

This Article shall apply to residential Development Proposals that involve more than twenty (20) lots or dwelling units.

b) Nonresidential Uses.

This Article shall apply to nonresidential Development Proposals that either (i) involve 10,000 square feet or more of floor area or (ii) are expected to create fifty (50) or more peak hour vehicle trips or 500 or more daily vehicle trips, whichever is less.

c) Parks and Recreation.

A Determination of Adequacy is required for any residential Development Proposal within the Town or its extraterritorial jurisdiction. No Determination of Adequacy is required for nonresidential Development Proposals with respect to parks and recreation facilities.

d) Fire Protection Facilities.

A Determination of Adequacy is required for any residential or nonresidential Development Proposal within the Town or its extraterritorial jurisdiction with respect to fire protection facilities. The adequacy of fire protection facilities will be determined based on the stations and vehicles within the Huntersville/Craighead Fire District only.

e) Law Enforcement Facilities.

A Determination of Adequacy is required for any residential or nonresidential Development Proposal within the Town or within its extraterritorial jurisdiction if the applicant offers to be annexed into the Town limits, with respect to law enforcement facilities.

f) Consecutive or Sequential Applications.

Proposed Developments may not be phased or subdivided in piecemeal fashion to avoid application of this Article. Two or more developments represented to be separate developments shall be aggregated and treated as a single development under this Article if the Administrator determines them to be part of a unified plan of development and physically proximate to one another, based on the following factors:

1). There is unified ownership, indicated by the fact that:

(a) The same person has retained or shared control of the developments;

(b) The same person has ownership or a significant legal or equitable interest in the developments; or

(c) There is common management of the developments controlling the form of physical development or disposition of parcels of the development.

2) There is a reasonable closeness in time between the completion of 80% or less of one development and the submission to the Town of a Development Proposal for a subsequent development that is indicative of a common development effort.

3) The voluntary sharing of infrastructure that is indicative of a common development effort or is designated specifically to accommodate the developments.

4) There is a common advertising scheme or promotional plan in effect for the developments.

5) Any information provided by the applicant that the project is not being phased or subdivided to avoid the requirements of this Article.

13.5.2 Exemptions

a) Essential Public Services.
The provisions of this Article shall not apply to Essential Public Services.

b) Agricultural and Farm Uses.
Upon determination of the Administrator, the provisions of this Article shall not apply to any lands or structures dedicated to bona fide farm purposes.

c) Accessory Structure or Use.
The provisions of this Article shall not apply to any Development Proposal, or portion thereof, that is an accessory structure or use, as defined in Article 12

d) Previously-Approved Development.
The provisions of this Article shall not apply to any Development Proposal that was part of a conditional zoning plan or subdivision plan submitted prior to the effective date of this Article.

e) Vested Rights.
This section shall not be interpreted or deemed to affect any rights that have vested prior to the effective date of this Article, nor shall any provision of this Article be applied to a specific property or applicant in a manner that would result in a taking of a property.

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