3.1 DESIGNATION OF LAND USE AUTHORITY

3.1.1 Building Permit Agent The Building Permit Agent shall act as the Land Use Authority to perform Grade Reviews prior to any earth-moving associated with a Building Permit, in order to determine Existing Grade (see Definitions). The Building Permit Agent shall share the Land Use Authority with the Roads Manager to perform Land Disturbance Reviews .They shall review and determine whether an application for a Land Use Decision is routine or nonroutine and act on routine requests for a Land Use Decision for routine building permits, routine requests for Conditional Use Permits, routine requests for Temporary Dwelling Permits, routine requests for Internal Accessory Dwelling Unit permits, routine requests for electrical or solar energy system permits, routine requests for Certificates of Land Use Compliance, routine requests for a Decommissioning Contract, requests for Septic permits, and requests for Certificates of Occupancy. The Building Permit Agent shall determine if, upon renewal, a Temporary Dwelling Permit shall require additional conditions for its continued use as a Temporary Dwelling and refer those that require conditions to the Planning and Land Use Commission. The Building Permit Agent may not deny or condition a routine Land Use Application, but shall deem an application which may be denied or conditioned to be nonroutine. The Building Permit Agent shall deem all Land Use Applications as nonroutine that require advice or other services to the Town by professional parties to properly evaluate its compliance with Town Land Use Regulations and its impact in the zone in which the land use is to be located. 3.1.2 Roads Manager The Roads Manager shall act as the Land Use Authority to approve Right of Way Encroachment Permit applications. The Roads Manager shall share the Land Use Authority, with the Building Permit Agent, to perform Land Disturbance Reviews. 3.1.3 Planning and Land Use Commission The Planning and Land Use Commission shall review Land Use Applications and make recommendations to the Town Council prior to the Town Council taking action as the Land Use Authority with regard to all Land Use Applications where the Town Council is the Land Use Authority, including applications for nonroutine Conditional Use Permits and the annual review of Conditional Use Permits. The Planning and Land Use Commission shall act as the Land Use Authority to act upon requests for a Land Use Decision for nonroutine building permits, Temporary Dwelling Permit renewals that require additional conditions for the continued use of the Temporary Dwelling, nonroutine requests for electrical or solar energy system permits, nonroutine requests for Certificates of Land Use Compliance, or nonroutine requests for Decommissioning Contracts. The Planning and Land Use Commission shall act as the Land Use Authority to review and act upon applications for 1-2 Family Residential Subdivisions (see Subdivision Ordinance 2004-3). 3.1.4 Town Council The Town Council shall act as the Land Use Authority to review and act upon Land Use Applications related to the following: nonroutine Conditional Use Permits; review, annual renewal and revocation of both routine and nonroutine Conditional Use Permits; Temporary Accessory Dwellings For Medical Purposes; noncomplying buildings; nonconforming uses; the interpretation of the Page 16 provisions of Town Land Use Regulations related to permitted and non-permitted uses; lot divisions; and any other Land Use Decision not specifically assigned to another Land Use Authority. The Town Council shall, by the issuance of a written determination, act as the Land Use Authority regarding the interpretation of the provisions of Town Land Use Regulations and resolve any discrepancies or situations where the text of a Town Land Use Regulation does not provide definitive clarity.