The procedure for obtaining preliminary plat approval is as follows.
(A) The subdivider shall submit to the Secretary of the Planning Board at least 15 days prior to a regularly scheduled meeting:
(1) At least three black or blueline prints of the proposed subdivision prepared in accordance with the plat requirements. Additional prints may be required when deemed necessary;
(2) The subdivider shall pay a subdivision inspection fee as outlined in the town’s Fee Schedule within ten days of approval of the preliminary plat; and
(3) The subdivider shall pay the water and sewer impact charges as indicated in the town’s Fee Schedule within ten days of approval of the preliminary plat for any phase of development.
(B) The Planning Board shall approve or disapprove the preliminary plat within a period of 45 days from the time of its regularly scheduled meeting. If conditional approval or if disapproval is given, the reasons for such action shall be stated in writing and reference with which the preliminary plat does not comply.
(C) If the Planning Board fails to act within the time period as specified in division (B) above, the subdivider shall request preliminary approval of the Town Council at its next scheduled meeting.
(D) Approval of the preliminary plat shall be effective for a period not to exceed one year and, thereafter, expire and be considered null and void, except to the extent that work on the subdivision has progressed, unless a petition for an extension of time is submitted to and subsequently approved by the Planning Board.
(E) Before acting on the preliminary plat, the Planning Board may request a report from any person or agency directly concerned with the proposed development, such as the District Highway Engineer, County Health Department and the Superintendent of Schools, and such other officials or agencies thought necessary. Such report shall certify compliance with or note deviations from the requirements of this chapter and include comments on other factors which bear upon the public interest.
(F) Where this chapter requires proof of approval from state or local agencies, the subdivider or his or her agent shall submit written evidence from the approving agency that the required plans have been received by the agency. The written evidence of submission shall be received by the subdivision administrator prior to the Planning Board’s first consideration of the preliminary plat.
(1) If the proposed streets will be dedicated to the Department of Transportation, written verification is required from the appropriate Department of Transportation official, stipulation that the plans for all proposed street and drainage systems conform to the minimum construction requirements of the state’s Department of Transportation’s publication, Subdivision Roads, Minimum Construction Standards, 1-1-2000, or as hereafter amended. Other proposed streets shall be submitted with written verification from a registered engineer stipulating that the plans for all proposed street and drainage systems conform to the applicable Department of Transportation’s minimum construction standards as described in § 151.46 of this chapter.
(2) Written verification from the appropriate state and/or local official(s), stipulating that the plans for proposed water supply and/or sewage disposal system have been submitted. When connection to the town system is proposed, all design work shall be approved by the town engineering firm, and in all situations that the town’s water and sewer ordinances be met.
(3) Written verification from the appropriate state or local official stipulating that the soil erosion and sedimentation control plan for the proposed development has been submitted. If the Planning Board approved the preliminary plat, such approval shall be indicated on three copies by the following certificate signed by the Chairperson or other authorized member of the Planning Board.
Certificate of Approval by the Planning Board This certifies that the Banner Elk Planning Board approved the preliminary plat for the subdivision at its meeting on the day of , 20 . Chairperson (or authorized member) Banner Elk Planning Board |
(Ord. passed - -; Ord. passed 2-3-1986; Ord. passed 8-5-1991; Ord. passed 11-13-2000; Ord. passed 3-27-2001)