reviewing an ordinance that provided applications “shall include all of the requirements pertaining to it . . . and without such information cannot be processed for consideration by the Planning Board and Board of Commissioners” and provided that “applications shall include site plans and shall be prepared to provide a full and accurate description of the proposed use”
How later courts described this case
- reviewing an ordinance that provided applications “shall include all of the requirements pertaining to it . . . and without such information cannot be processed for consideration by the Planning Board and Board of Commissioners” and provided that “applications shall include site plans and shall be prepared to provide a full and accurate description of the proposed use”
- reviewing an ordinance that required an application address all requirements of the permitting ordinance in order to be considered by the permitting authority and setting forth explicit elements that an application must contain
- holding when ordinance language is clear, courts must give language its plain meaning
- reviewing an ordinance that specifically required all applications include a site plan
Written by the judges who cited it.
The opinion
Judge Walker
concurring.
I am unable to conclude that the applicant Parrott has complied with Section 155-31(C) (2) of the Ordinance; i.e., no site plan is included in the record. However, I do not construe the Ordinance to require the applicant to submit detailed architectural and engineering drawings. Instead, the plans and required conditions must be sufficiently complete to allow for thorough review and enable the Town to insure compliance with the conditional use permit once issued.