(A) “Minor subdivision” defined. A MINOR SUBDIVISION is defined as a subdivision involving no new public street right-of-way dedications (except widening of existing, platted street rights-of-way).
(B) Utility extensions permitted under a minor plat. A utility extension shall be defined as the extension of a water or sewer line that falls under the ownership and maintenance of the town and shall require permitting by the state (or the town if approved by the state for “self-permitting”). Such extension shall require a right-of-way or easement. If applicable, utility extensions shall be allowed under a minor plat review; provided that:
(1) All construction drawings for utility extensions are submitted and approved in accordance with § 154.037(K) of this chapter;
(2) All lines/improvements are constructed in accordance § 154.037(K) of this chapter; and
(3) A final plat shall not be approved until all utility extension improvements have been inspected and accepted in accordance with § 154.037(K) through (P) of this chapter.
(C) General submission requirements. Applications for sketch plat and final plat approval shall be submitted to the Administrator for completeness review. Sections 154.020 through 154.022 of this chapter outlines the information that is to be submitted with an application for any type of subdivision plat. The Administrator shall determine whether the application is complete and complies with the submission requirements set forth in §§ 154.020 through 154.022 of this chapter. If the application is incomplete or the submission requirements have not been complied with, the Administrator shall so notify the applicant, specifying the deficiencies. Incomplete and/or non-compliant submissions shall not be processed.
(D) Sketch plat submission requirements.
(1) The applicant shall schedule an appointment and meet with the Administrator to discuss a sketch plan. The Administrator shall also advise the applicant, when appropriate, to discuss the proposed subdivision with those officials who must eventually approve those aspects of the subdivision plat coming within their jurisdiction.
(2) The Administrator, upon consultation with the Director of Public Works or his or her designee, shall issue either the notice to proceed or a notice of non-compliance not later than 15 days after the date on which the sketch plat was submitted to the Administrator. The Administrator shall issue a notice to proceed only if the sketch plat complies with all applicable laws governing the subdivision of land. The approval shall include, as appropriate, recommended changes in the sketch plat to be incorporated into the final (conveyance) plat. Subsequent to an approval, the applicant may proceed directly to the filing of an application for approval of a final subdivision plat (conveyance plat) as provided in these regulations. If the sketch plat of a minor subdivision is denied by the Administrator, the applicant may appeal to Planning and Zoning Board. The Planning and Zoning Board shall review the application and shall affirm or reverse the decision of the Administrator. The applicant shall have one year from the date that the sketch plat is approved to submit a conveyance plat, after which time a new sketch plat must be submitted for approval.
(E) Final plat submission requirements.
(1) In order to provide a simplified review procedure, submission of a final plat may be in the form of:
(2) If the Administrator finds that the sketch plat meets the requirements of a minor subdivision and that there are no adverse effects on the remainder of the parcel or on adjoining property, then the subdivider may proceed with the preparation of a conveyance plat. A subdivision shall be deemed to have no adverse affects on the remainder of the parcel or on adjoining property if:
(a) The subdivision meets the definition of minor subdivision as set forth in division (A) above;
(b) The subdivision contains no critical areas (see definitions) on any portion of the property to be subdivided or developed;
(c) The conveyance plat shall be recorded in the same manner, and shall be subject to the same restrictions, as a final plat (see division (F) below); and
(d) The conveyance plat shall comply in all respects with the sketch plan.
(F) Final plat approval. The Administrator, upon consultation with the Director of Public Works or his or her designee shall render a determination as to whether the plat is approved, approved with conditions or denied pursuant to § 154.035 of this chapter of this application shall be processed within the time period specified herein. If a plat is approved, the Administrator (Planning Director) and the Director of Public Works or his or her designee shall certify such approval by signing the plat. If disapproved, the Administrator shall advise the subdivider of such action and shall indicate the reasons for denial.
(G) Recording a final plat.
(1) Within 30 days of final plat approval, the applicant shall file the plat with the Register of Deeds as provided by law. The final plat approval shall expire within the above-referenced time period, unless the Administrator has granted an extension. The Administrator may grant up to two extensions of final plat approval, each of up to six months. Failure to record the final plat within the time frame noted shall cause the final plat approval to be void.
(2) The applicant shall return a reproducible (Mylar) copy of the recorded plat to the office of the Administrator.
(3) No zoning clearance permit or building permit may be issued or approved until the expiration of ten business days after a final plat has been recorded. The purpose of this time period is to permit the assignment of addresses and PINs (parcel identification numbers) in the Land Records GIS Office of the county.
Minor Subdivision Plat Review Process
(subdivision does not include water and/or sewer utility extensions)
Minor Subdivision Plat Review Process
(subdivision does include water and/or sewer utility extensions)
(Ord. passed - -, § 1.3)