§ 155.097 DEPARTMENT TO DETERMINE A COMPLETE NO-DEDICATION SUBDIVISION OF FIVE OR FEWER LOTS APPLICATION.
   (A)   (1)   Within 30 calendar days following the no-dedication subdivision of five or fewer lots application being filed with the Department, and prior to the no-dedication subdivision of five or fewer lots application being scheduled with the Land Use Authority, as applicable, the Department shall determine and find that the no-dedication subdivision of five or fewer lots application is complete and contains all the information and materials required for a complete no-dedication subdivision of five or fewer lots application, as required by § 155.096 of this chapter.
      (2)   (a)   The Department shall only determine a no-dedication subdivision of five or fewer lots application complete when the application is provided in a form that complies with all the requirements of § 155.096 of this chapter, and all applicable fees have been paid.
         (b)   The Department shall notify the applicant, in writing, of the result of such determination.
      (3)   Following a determination of a complete no-dedication subdivision of five or fewer lots application, the Department shall schedule the no-dedication subdivision of five or fewer lots application at a duly noticed meeting of the Land Use Authority.
   (B)   (1)   A no-dedication subdivision of five or fewer lots application lacking any of the application materials required by § 155.096 of this chapter shall be cause for the Department to determine the no-dedication subdivision of five or fewer lots application incomplete.
      (2)   The Department shall notify the applicant, in writing, of the information lacking from the no-dedication subdivision of five or fewer lots application.
      (3)   The Department shall allow a maximum of 30 calendar days from the date of written notification to the applicant(s) for the information lacking to be provided and a determination of a complete no-dedication subdivision of five or fewer lots application to be made by the Department.
      (4)   If the application remains incomplete after 30 calendar days from date of written notification to the applicant(s), the Department shall return the entire incomplete no-dedication subdivision of five or fewer lots application to the applicant(s), including any no-dedication subdivision of five or fewer lots application review fees paid.
   (C)   A determination of an incomplete no-dedication subdivision of five or fewer lots application by the Department shall prohibit the Department from scheduling the item on any Land Use Authority meeting.
   (D)   Any person aggrieved by a decision of the Department related to a determination of application completeness may appeal the decision to the Commission, the Commission acting as the appeal authority for determinations of application completeness decisions.
   (E)   An appeal of a determination of a no-dedication subdivision of five or fewer lots application completeness or incompleteness shall comply with the requirements and standards of §§ 155.240 through 155.245 of this chapter.
(Prior Code, § 25.05.030) (Ord. 20-03, passed 3-19-2020)