(a) Except as provided by Section 1373.04, within eighteen months of the tentative
approval of the preliminary layout, the applicant shall file with the Planning Commission an application for approval of a subdivision plat. The application shall:
(1) Be made on forms available at the County Clerk's Office and at all regularly scheduled meetings of the Planning Commission .
(2) Be presented to the Planning Commission at least fourteen days prior to a regularly scheduled meeting of the Planning Commission.
(3) Be accompanied by three copies of the subdivision plat and the construction detail sheets, as described in Section 1385.02
.
(4) Be accompanied with a certificate from the County Health Department as to the adequacy of the proposed water supply and sewerage service.
(5) Be accompanied by a fee of plus per acre, or part thereof, that the proposed subdivision exceeds five acres in area. If the application is disapproved, one-half of the fee shall be returned. A full fee must be paid on any subsequent application, even if the same land, or any part thereof, is involved.
(b) The official submittal date shall be the first regularly scheduled meeting of the Planning Commission which falls fourteen days or more after the applicant's submission of a written application for approval of a subdivision plat.
(c) Upon receipt of a written application for approval of a subdivision plat, the Planning Commission, if it tentatively approves the application, shall set a date for a hearing within forty-five days after the official submittal date. The Planning Commission shall notify the applicant in writing, and notify by general publication or otherwise any person or governmental unit having a probable interest in the subdivision plat.
(d) The subdivision plat shall conform substantially to the preliminary layout as approved by the Planning Commission. In determining whether approval of the subdivision plat shall be granted, the Planning Commission shall determine if the subdivision plat satisfies the criteria set forth in Section 1373.02(b).
(e) As a condition of approval of a subdivision plat the Planning Commission may specify:
(1) The manner in which streets shall be laid out, graded, and improved.
(2) Provision for water, sewage, and other utility services.
(3) Provision for schools.
(4) Provision for essential municipal services.
(5) Provision for recreational facilities.
(f) The Planning Commission may approve a subdivision plat in which the improvements and installations have not been completed as required by these regulations if the applicant provides a bond which shall:
(1) Run to the Town.
(2) Be in an amount determined by the Planning Commission to be sufficient to complete the improvements and installations in compliance with these regulations.
(3) Be with surety satisfactory to the Planning Commission.
(4) Specify the time for the completion of the improvements and installations.
(g) Any funds received from these bonds shall be used lay the legally constituted body charged with making public improvements for the Town only for completion of the improvements and installations for which they were provided, and without prior appropriation.
(h) The Planning Commission shall approve, conditionally approve, or disapprove the subdivision plat within forty-five days after the hearing. If the Planning Commission approves, it shall affix its seal upon the subdivision plat and notify the applicant within five days. If the Planning Commission conditionally approves, it shall set forth the conditions in its own record and provide the applicant with a copy within five days. If the Planning Commission disapproves, it shall set forth its reasons in its own record and provide the applicant with a copy within five days.
(i) The subdivider shall file the subdivision plat with the County Clerk within ninety days of the date of the seal of approval. Any subdivision plat not so filed shall become null and void. No changes, erasures, modifications, or revisions shall be made on any subdivision plat after the Planning Commission has affixed its seal of approval. In the event that any subdivision plat, when filed with the County Clerk, contains any such changes, the subdivision plat shall be considered null and void.
(Passed 5-23-74.)