(A) If the subdivider changes the subdivision application or preliminary plat after the Subdivision Administrator makes a determination of sufficiency pursuant to § 154.05, but before the Planning Board hearing, the subdivider shall submit the amended application to the Subdivision Administrator for review.
(1) Within five working days of receiving the amended application or preliminary plat, the Subdivision Administrator shall determine whether the changes to the subdivision application or preliminary plat are material, pursuant to division (D) below.
(2) The 60-working day review period is suspended while the Subdivision Administrator considers whether the changes to the subdivision application or preliminary plat are material.
(3) If the Subdivision Administrator determines the changes are not material, the 60-working day review period resumes when the Subdivision Administrator mails notice of the decision to the subdivider.
(4) If the Subdivision Administrator determines the changes are material, he or she shall either require the subdivider to schedule a new pre-application meeting and resubmit the application as a new subdivision application, or proceed with the 60-working day review period upon certification from the Subdivision Administrator that the application is sufficient for review.
(B) If the subdivider changes the subdivision application or preliminary plat after the Planning Board hearing, but before the Town Council meeting, the subdivider shall submit the amended application or preliminary plat to the Subdivision Administrator for review.
(1) Within five working days of receiving the amended application or preliminary plat, the Subdivision Administrator shall determine whether the changes to the subdivision application or preliminary plat are material pursuant to division (D) below.
(2) The 60-working day review period is suspended while the Subdivision Administrator considers whether the changes to the subdivision application or preliminary plat are material.
(3) If the Subdivision Administrator determines the changes are not material, the 60-working day review period resumes when the Subdivision Administrator mails notice of the decision to the subdivider.
(4) If the Subdivision Administrator determines the changes are material, he or she shall either:
(a) Require the subdivider to begin the subdivision review process again, starting with the pre-application meeting, and require payment of a new application fee; or
(b) Schedule a new Planning Board hearing to take comment on the amended application or preliminary plat. Notice of the Subdivision Administrator’s determination to schedule a new Planning Board hearing shall be provided as set forth in section IV-A-3. A supplemental staff report shall be prepared to address the changes to the original application.
(5) If a new Planning Board hearing is held pursuant to division (B)(4)(b) above, the 60-working day review period is suspended for the time period between notice of the Subdivision Administrator’s determination, and ten working days after the date of the second Planning Board hearing.
(C) By making changes to a pending subdivision application or preliminary plat, the subdivider consents to suspension of the review period as provided in divisions (A)(2) and (B)(2) above.
(D) The following changes, although not an exhaustive list, may be considered material:
(1) Configuration or number of lots;
(2) Road layout;
(3) Water and/or septic proposals;
(4) Configuration of park land or open spaces;
(5) Easement provisions;
(6) Changes to proposed covenants; or
(7) Designated access.
(E) A subdivider whose subdivision application or preliminary plat has been deemed materially changed by the Subdivision Administrator may appeal the Subdivision Administrator’s decision to the Town Council by written notice within ten working days. The subdivider may request a hearing, and may submit additional evidence to show that the changes to the preliminary plat are not material.
(1) The 60-working day review period is suspended until the Town Council decision on the appeal is made.
(2) If the Town Council concludes that the evidence and information demonstrate that the changes to the subdivision application or preliminary plat are material, the Town Council shall determine whether the subdivision application should be resubmitted or scheduled for rehearing in front of the Planning Board pursuant to divisions (B)(4)(a) or (B)(4)(b) above.
(3) If the Town Council concludes that the evidence and information demonstrate that the changes to the subdivision application or preliminary plat are not material, the 60-working day review period resumes as of the date of the decision.
(4) By appealing the decision of the Subdivision Administrator, the subdivider agrees to suspension of the 60-working day review period provided in division (E)(1) above.
(Prior Code, § 11-4-18)