(A) This section shall apply to major subdivisions only.
(B) Preliminary and final plat approval shall be required for all major subdivisions.
(C) Preliminary plat approval of all major subdivisions containing 50 lots or less may be made by the Planning Board (except as otherwise provided in § 152.052).
(D) Final approval of all preliminary plats containing over 50 lots may only be made by the Town Board of Aldermen.
(E) All preliminary plats submitted for review shall be accompanied by a non-refundable submittal fee determined as follows:
Lots in Subdivision | Fee |
2 to 10 | $100 |
11 to 50 | $150 |
51 to 100 | $200 |
101 to 200 | $2 per lot |
201 and more | $4 per lot |
(F) At least seven complete copies of the preliminary plat shall be submitted to the Subdivision Administrator (with one of these copies being on reproducible material) ten or more days prior to the meeting at which it is to be reviewed by the Planning Board.
(G) The Planning Board meeting may be a special meeting, or it shall be the next regularly scheduled meeting occurring at least ten days following the date of submittal.
(H) A plat shall be considered complete only if: it contains all applicable information indicated in § 152.058; and the appropriate submittal fee has been paid.
(I) The Planning Board shall have the authority to approve any preliminary plat containing under 50 lots. The Planning Board shall have 45 days from the meeting date at which the plat was reviewed to:
(1) Approve the plat;
(2) Approve the plat with conditions;
(3) Disapprove the plat; or
(4) Make a recommendation to the Town Board of Aldermen on a plat containing 50 or more lots.
(J) If no recommendation or decision is made during the 45-day period, the plat shall automatically be submitted to the Town Board of Aldermen for its decision.
(K) 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, Town Public Works Director, County Health Department and the Superintendent of Schools. The reports 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.
(L) If the preliminary plat is disapproved, the Subdivision Administrator shall instruct the subdivider concerning the re-submission of a revised plat, and the subdivider may make changes as will bring the plat into compliance with this chapter.
(M) The subdivider shall have 60 days from the date of the denial to resubmit the plat for approval.
(1) If a revised plat is not submitted within that period, any future resubmittal will require the payment of an additional filing fee.
(2) If the revised plat is resubmitted within the 60-day period, a submission fee shall not have to be repaid.
(3) The resubmitted revised plat shall be reviewed by the Planning Board and, if necessary, Town Board of Aldermen, in the same manner as any other preliminary plat for a major subdivision.
(4) The Subdivision Administrator shall retain at least one copy of any disapproved plat along with the reasons for disapproval as part of the town’s official records.
(5) A copy of those reasons and any remaining copies of the plat shall also be transmitted to the subdivider.
(N) If the preliminary plat is approved, it shall be indicated on the reproducible copy of the plat and the copy shall be retained by the Subdivision Administrator as part of the town’s official records. Any remaining copies of the approved plat shall be transmitted to the subdivider. In approving the subdivision plat, the Planning Board or Town Board of Aldermen may attach fair and reasonable conditions, which are deemed to promote the public’s health, safety and welfare.
(O) Those conditions may include, but not be limited to, the following:
(1) Alignment of roads within the subdivision to allow for an improved flow of traffic;
(2) Provide for improvements, at the subdivided expense, on roads which provide direct access to the subdivision. Those improvements may include the installation of deceleration roads, road- widening work, intersection improvements and left- hand turn lanes;
(3) Require that certain lots be limited to access off interior local streets within the subdivision rather than off collector or arterial roads; and
(4) Provide for roads to be stubbed so that they can be extended at some point in the future.
(P) Any like conditions shall be noted on or attached to the reproducible copy of the plat and shall be retained by the Subdivision Administrator as part of the town’s records.
(Q) A copy of those conditions shall also be transmitted to the subdivider.
(R) Once these conditions are met, the plat shall be noted as approved on the reproducible copy. A copy of the approved plat shall then be transmitted to the subdivider.
(S) Unless otherwise specified in the terms of approval, those conditions shall have been complied with by the subdivider within 12 months of the date of the conditional approval; otherwise, approval of the preliminary plat shall be null and void.
(Ord. passed 1-16-2001)