(A) Amending preliminary plat before Planning Board hearing or City Council meeting.
(1) This subchapter is applicable to any changes made to an application before the Planning Board hearing for major subdivisions and before the City Council meeting for minor subdivisions. If changes are made to a major subdivision application following the Planning Board public hearing, see division (B) below. If changes are made to minor subdivisions or major subdivisions following the City Council’s decision, see division (C) below.
(2) If changes are made to a subdivision application or preliminary plat prior to the public hearing of major subdivisions and before the City Council meeting for minor subdivisions, the Administrator shall review the changes in the following manner:
(a) Within five working days of receiving the amended application or preliminary plat, the Administrator shall determine whether the changes to the subdivision application or preliminary plat are material, as determined in division (D) below;
(b) The applicable review period is suspended while the Administrator considers the amended application or preliminary plat;
(c) If the Administrator determines the changes are not material, the applicable review period resumes when the Administrator mails notice of the decision to the subdivider; and
(d) If the Administrator determines the changes are material, the Administrator shall either require the subdivider to schedule a new pre-application meeting, and resubmit the application and preliminary plat as a new subdivision application or proceed with the review period upon confirmation that the application has the required elements and is sufficient for review.
(B) Amending preliminary plat following the Planning Board hearing. This subchapter is applicable only to changes made to major subdivisions following the Planning Board hearing, but before the City Council’s decision. If changes are made to a subdivision application or preliminary plat, the Administrator shall review the changes in the following manner:
(1) Make a determination if the material is considered new information and if a subsequent hearing will be required according to § 11.02.030.090(B);
(2) Within five working days of receiving the amended application or preliminary plat, the Administrator shall determine whether the changes to the subdivision application or preliminary plat are material, as determined in division (D) below;
(3) The applicable review period is suspended while the Administrator considers the amended application or preliminary plat;
(4) If the Administrator determines the changes are not material and not new information according to § 11.02.030.090(B), the applicable review period resumes when the Administrator mails notice of the decision to the subdivider;
(5) If the Administrator determines the changes are not material, but constitutes new information, follow the procedures in § 11.02.030.090(B) to determine if a subsequent hearing is required; and
(6) If the Administrator determines the changes are material, the Administrator shall either require the subdivider to schedule a new pre-application meeting and resubmit the application and preliminary plat as a new subdivision application or proceed with a subsequent public hearing in according to § 11.02.030.090(B) upon confirmation from the Administrator that the application has the required elements and is sufficient for review.
(C) Amending an approved preliminary plat. If the subdivider proposes to change the preliminary plat after the preliminary plat approval, but before the final plat approval, the subdivider shall submit the proposed changes to the Administrator for review. The Administrator should review the changes as follows.
(1) Within five working days of receiving the proposed changes, the Administrator shall determine whether the changes to the preliminary plat are material pursuant to division (D) below.
(2) If the Administrator determines the changes are material, the Administrator may either require a public hearing with the applicable body for majors or a meeting with the City Council for minors.
(3) If the changes are extensive, the Administrator may require the subdivider to begin the subdivision review process again, starting with the pre-application meeting and require payment of a new application fee.
(4) If the subdivider and Administrator determine that a condition of approval is illegal or impossible to comply with due to circumstances outside the subdivider’s control, the condition may be reviewed by the City Council through a properly noticed public meeting or hearing, as applicable, in order to determine if the condition may be waived or amended.
(D) Determining a material change.
(1) Changes to a preliminary plat application. Changes made to a preliminary plat application may be considered material if:
(a) If it is determined to impact the element or sufficiency of subdivision’s preliminary plat application under §§ 11.02.030.030 and 11.02.030.040;
(b) If it has an impact on the primary review criteria in § 11.02.050.010;
(c) If it brings the proposal out of conformance with the zoning or the design standards in these regulations;
(d) If the changes impact the accuracy of other information provided in support of a preliminary plat application; and
(e) If it changes any of the following information:
1. If the changes impact the configuration or number of lots;
2. If the changes impact the park land or open spaces;
3. If the changes impact the water and/or wastewater treatment system proposals;
4. If the changes impact the easement provisions, access and streets; and
5. If the changes impact the proposed land uses or covenants.
(2) Changes to an approved preliminary plat. Changes made to an approved preliminary plat application may be considered material if:
(a) If the changes impact the configuration or number of lots;
(b) If the changes impact the park land or open spaces;
(c) If the changes impact the water and/or wastewater treatment system proposals;
(d) If the changes impact the easement provisions, access and streets
(e) If it changes impact an approved variance;
(f) If the changes impact the proposed land uses or covenants; or
(g) If it changes impact the conditions of approval.
(E) Administrative appeals. A subdivider whose subdivision application or preliminary plat has been deemed materially changed by the Administrator may appeal the Administrator’s decision to the City Council. The subdivider may request a public meeting with the City Council for minor subdivisions, or a public hearing with the City Council for major subdivisions and may submit additional evidence to show that the changes to the preliminary plat are not material.
(1) The applicable review period is suspended until the City Council’s decision on the appeal is made.
(2) If the City Council concludes that the evidence and information demonstrate that the changes to the subdivision application or preliminary plat are material, the City Council shall either require the subdivider to schedule a new pre-application meeting and resubmit the application and preliminary plat as a new subdivision application, or proceed with a subsequent public hearing according to § 11.02.030.090(C), upon confirmation from the Administrator that the application has the required elements and is sufficient for review.
(3) If the City Council concludes that the evidence and information demonstrate that the changes to the subdivision application or preliminary plat are not material, the applicable review period resumes as of the date of the decision.
(4) By appealing the decision of the Administrator, the subdivider agrees to suspension of the applicable review period.
(Prior Code, § 11.02.050.050) (Ord. 151, passed 6-20-2016)