(A) The Planning Commission shall review the preliminary plan and shall act to:
(1) Approve the plan;
(2) Disapprove the plan if it does not meet the town’s ordinances or standards;
(3) Approve the plan subject to modification; or
(4) Where considered by the Planning Commission to be necessary or desirable, act to table further consideration of the plan.
(B) Approval by the Planning Commission shall be granted upon a finding that:
(1) All plans and other materials required for consideration have been submitted in a form suitable for evaluation.
(2) The plan conforms to the design standards for subdivision.
(3) The design adequately recognizes and mitigates, where necessary, the natural- and human-caused conditions on or in the vicinity of the proposed subdivision.
(4) The arrangement of roads, lots, easements, and other elements will provide adequate circulation and access, and will result in a healthy, safe, and attractive living environment.
(5) The utility systems serving the area have sufficient capacity to provide adequate utility service to the development.
(6) The subdivision layout will be consistent with the major street plan and other applicable elements of the master plan for the area.
(7) The subdivision conforms to all zoning requirements.
(C) The action of the Planning Commission shall be written on the face of two copies of the plan, one of which shall be retained in the offices of the Planning Commission, and one of which shall be returned to the subdivider. If the plan is disapproved, the Planning Commission shall express its reasons therefor to the subdivider.
(D) Upon approval of the preliminary plan, the Planning Commission shall be committed to grant final approval of the final plat, subject to full compliance with any conditions attached, unless, in the opinion of the Planning Commission, the preliminary approval is given based on inaccurate or incomplete representations, or that changes have occurred in conditions relating to the property which were not known or present at the time concept approval was given, and which would result in a significant detrimental effect on the public if the project were earned out as initially presented. Approval of the preliminary plan shall remain valid for a period of one year. Said approval may be extended or reaffirmed by the Planning Commission, for a period not to exceed one year, upon receipt of a written request from the owner.
(Ord. 02-01-2021 SD, passed - -2021)