(A) Preliminary plat required. A preliminary plat submission for a major subdivision shall be filed by the applicant and comply with this subchapter.
(2) See exemptions in § 159.004.
(B) Required submission.
(1) The Planning Director shall publish application forms and a checklist of required information for preliminary plats. The checklist shall include the information required by this article, and may include other items necessary to determine compliance with applicable requirements. The checklist and revisions to the checklist shall be approved by the Planning Commission.
(2) The applicant shall file with the Subdivision Administrator at least 21 calendar days prior to a regular Planning Commission meeting (not including a workshop meeting) the required fees, information and plans.
(3) At least 1 file copy of all materials submitted by the applicant shall be maintained by the Subdivision Administrator. The Subdivision Administrator shall forward copies of applicable materials to the Planning Commission.
(4) Applicant's distribution. The applicant is fully responsible to contact utility providers to gain approval for utilities; obtain any needed permits or approvals from state and federal agencies, such as approval from the State Highway Administration for any work within the right-of-way of a state road or access to a state road; and obtain approval from the County Health Department, as applicable. The applicant shall provide copies of the plans to the following agencies at least 21 days prior to the Planning Commission meeting:
(a) County Health Department.
(b) County Engineer.
(c) State Highway Administration, if property abuts or has access from a state road.
(d) Other state or federal agencies as applicable.
(e) The offices of a town or another county, for advisory comments, if a portion of the subdivision is within 200 feet of the boundary of the town or county, or if the Subdivision Administrator determines that the subdivision would clearly have a regional impact upon a town or another county.
(C) Determination of completeness of the submission.
(1) The Subdivision Administrator shall have the authority to determine that a submission is significantly incomplete, to refuse to complete the review of the submission, and to either:
(a) Not accept the submission and return fees (minus the costs of any county review) to the applicant; or
(b) Accept the submission on the condition that the applicant submits such additional information by a specific deadline.
(2) Any maximum time limits for actions by the county shall not apply until a submission is complete.
(D) Review by County Engineer. The County Engineer, or his/her designee, and Subdivision Administrator shall review the submission and send review comments to the Commission and the applicant or his/her representative. Policy matters that should be dealt with directly by the Planning Commission should be listed separately from technical engineering or drafting matters. The applicant and/or his/her plan preparer shall make reasonable efforts to resolve technical engineering considerations outside of and prior to Planning Commission meetings.
(E) Review and action by Planning Commission.
(1) Review. The Planning Commission shall review any reports that have been received from county staff or other agencies, and determine whether the submission meets the requirements of this chapter. The Commission may also consider compliance with other county ordinances.
(2) Action. The Commission shall approve the submission, approve the submission with conditions, or reject the submission. The action shall occur a maximum of 45 days after the first regular Planning Commission meeting is held after a complete submittal is duly submitted as provided in this chapter. The time limit may be extended with consent of the applicant.
(3) Notice. The decision of the Planning Commission shall be in writing and shall be communicated to the applicant or his/her representative personally or by mail at his/her last known address.
(4) Effect of approval. Approval of the preliminary plat submission shall constitute conditional approval of the subdivision as to the character and intensity, but shall not constitute approval of the final plat or authorize the sale of lots or construction of buildings.
(5) Disapproval. If the preliminary plat submission is disapproved, the decision shall describe 1 or more defects in the submission and/or requirements which have not been met and cite the provisions of a statute or ordinance relied upon. If a submittal is reasonably complete, then the county staff should endeavor to identify all obvious defects known to the staff.
(6) Joint preliminary/final approval. At the discretion of the Planning Commission, the Commission may grant combined preliminary/final plat approval if:
(a) The preliminary plat submission also meets all of the requirements of a final plat submission; and
(b) The Commission determines that there are no significant outstanding matters.
(F) Final plat submission deadline.
(1) An applicant shall file a final plat within 10 years from the date of preliminary plat approval by the Planning Commission, unless a written extension is granted by the Planning Commission for good cause. The final plats may be submitted in phases, as provided in § 159.071(G).
(2) Failure to comply with this requirement shall render the preliminary plat null and void, and a new preliminary plat submission and approval shall be required.
(Ord. —, passed 6-24-1997; Am. Res. 2010-5, passed 5-25-2010)