§ 184-58. Completeness determination.

Upon the filing of an application, it shall be reviewed to determine compliance with the submission requirements of Articles II and IX. The following procedure shall apply:

A. 

An application for development shall be complete for purposes of commencing the applicable time period for action by the Board when so certified by the Board or its authorized committee or designee.

B. 

The applicant shall be notified in writing whether the application has been determined complete or incomplete by the Board or its authorized committee or designee within 45 days of the date of submission of an application.

(1) 

An application shall be determined complete only if all of the items required by the appropriate completeness checklists in Article IX have been submitted.

(2) 

Incomplete applications shall be returned to the applicant with a written statement of the reasons why the application is not complete.

C. 

In the event that the agency, committee or designee does not certify the application to be complete or incomplete within 45 days of the date of its submission, the application shall be deemed complete upon the expiration of said forty-five-day period.

D. 

The applicant may request that one or more of the submission requirements in Article IX be waived. A written request, explaining the basis for such request(s) must be submitted for such waiver requests in order to be considered. The Board or its authorized committee shall grant or deny the waiver request within 45 days of receipt of the written request. The following provisions shall apply to the grant of such waivers:

(1) 

Waivers may be granted from submission requirements for plan information or supplemental documentation that may be irrelevant or excessive in the case of a particular application and which are not necessary to determine the substantive merits of an application.

(2) 

No waiver shall be granted from the requirement to pay all applicable fees, taxes or assessments, nor from any other procedural requirement established by any other law.

(3) 

The above provisions shall not be construed to effect the procedures for granting relief (i.e., exceptions) from the design standards of Article XI, or the procedures for granting variance or other relief as set forth in Article IX.

E. 

Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he or she is entitled to approval of the application. The Board may subsequently require correction of any information found to be in error and submission of additional information not specified in this chapter or any revisions in the accompanying documents, as well as the submission of any information previously waived, as are reasonably necessary to make any informed decision as to whether the requirements necessary for approval of the application have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the Board.