(A) Generally. The purpose of a preliminary plat shall be to determine the general layout of the subdivision, the adequacy of public facilities needed to serve the intended development and the overall compliance of the land division with applicable requirements of this chapter.
(1) Exceptions. A preliminary plat is not required when a minor plat is submitted.
(2) Required.
(a) The applicant shall prepare a preliminary plat for submission to the Planning Commission. It shall conform to the minimum requirements of these regulations and the zoning code and be in compliance with the town’s comprehensive plan.
(b) The preliminary plat shall include all contiguous land partially or fully owned or under option by the applicant. The applicant must submit all required documents as specified in this division before the Planning Commission can commence preliminary plat review.
(B) Application and procedures.
(1) Pre-application conference. Prior to a preliminary plat submittal, the developer or his or her authorized agent is encouraged to meet with the Zoning Administrator who will determine if a preliminary plat is required. Should preliminary plat approval be required, the relationship of the proposed subdivision to the town’s comprehensive plan, storm water management criteria, zoning ordinance, street requirements, utility service, and the general character of the development may be discussed to acquaint the developer with town platting requirements and procedures.
(2) Fees. The developer shall pay a non-refundable application fee for each preliminary plat submitted. Application fees shall be set periodically by the Town Board of Trustees, by duly adopted resolution, and the fees may be amended by resolution of the Town Board of Trustees.
(3) Application content. Applications for a preliminary plat shall be submitted on a form supplied by the town with the required information as stated on the application form. When more than one sheet is necessary to accommodate the entire plat area, an index sheet at appropriate scale showing the entire area shall be attached. The date the plat was submitted shall legibly appear on the plat.
(4) Accessories. An application for a preliminary plat may be accompanied by:
(a) An application for plat and/or zoning approval; and
(b) Construction plans.
(6) Responsible official and initial review. The Zoning Administrator shall be the responsible official and the Town Board of Trustees shall be the official review body for a preliminary plat.
(7) Re-submittal. Re-submittal following review shall review each pending preliminary plat application and recommend either:
(a) Approval of the preliminary plat;
(b) Denial of the preliminary plat; or
(c) Approval of the preliminary plat with specific conditions.
(8) Necessary revisions and comments. Necessary revisions and comments shall be forwarded to all individuals listed on the application.
(1) The developer shall provide the Zoning Administrator two reproducible copies of the preliminary plat with revisions addressed and resolved.
(2) Once the revisions have been resubmitted, the Zoning Administrator shall then review the preliminary plat for compliance with original recommendations.
(C) Accompanying materials.
(1) Contents of a preliminary plat. Three hard copies and a digital pdf file of the preliminary plat drawn to a scale of 100 feet to one inch shall be provided, and shall contain or be accompanied by the following information:
(a) The proposed name of the subdivision;
(b) The name and address of the owner or owners of the land to be subdivided, the name and address of the applicant if other than the owner, and the name and address of the land surveyor;
(c) The date of preparation of the plat, north arrow and scale;
(d) Key or location map showing location of subdivisions within the mile section;
(e) An accurate legal description of the property;
(f) The location and dimensions of all boundary lines of the proposed subdivision;
(g) The names of all adjacent subdivisions and the names, location and widths of all existing and proposed streets, easements, drainage ways and other public ways on and adjacent to the property;
(h) The locations and widths of all oil, gas and petroleum product easements and of all existing utilities on or adjacent to the subject property;
(i) A topographic map of the subdivided area with land contours not having two feet, contour intervals, referenced to a United States Geological Survey or Coast and Geodetic Survey benchmark or monument;
(j) The location and description of all existing structures, water bodies and watercourses;
(k) The location and dimension of all proposed drainage ways, pedestrian ways, bike paths, parks, playgrounds, public ways, or other public or private reservations;
(l) All proposed lots progressively numbered and building setback lines;
(m) All proposed blocks progressively numbered;
(n) When more than one sheet is necessary to accommodate the entire plan area, an index sheet at appropriate scale showing the entire area shall be attached; and
(o) Any other information as may be deemed by the Planning Commission as reasonably necessary for the full and proper consideration of the proposed subdivision.
(2) Current title commitment. The applicant shall furnish with the application to the town a current title commitment issued by a title insurance company authorized to do business in the state, a title opinion letter from an attorney licensed to practice in the state, or some other acceptable proof of ownership, identifying all persons having an ownership interest in the property subject to the preliminary plat.
(D) Approval procedures.
(1) Approval action by the Planning Commission. The Commission shall:
(a) 1. Review the preliminary plat application, the findings of the building inspector, and any other information available.
2. From all such information, the Commission shall determine whether the preliminary plat conforms to the regulations of this chapter.
(b) Act within 60 calendar days following the official filing date of the preliminary plat application, unless the applicant submits a waiver of right to 60-day action.
1. If no decision is rendered by the Commission within the 60-day period described above or such longer period as may have been agreed upon, the preliminary plat, as submitted, shall be deemed approved by the Commission.
2. Take one of the following actions:
a. Approve the preliminary plat;
b. Approve the preliminary plat with conditions, which shall mean the preliminary plat shall be considered to have been approved once such conditions are fulfilled; or
c. Deny the preliminary plat.
(2) Approval action by the Town Board of Trustees.
(a) The Town Board of Trustees shall:
1. a. Review the preliminary plat application, the findings of the Zoning Administrator, decision from the Planning Commission, and any other information available.
b. From all such information, the Town Board of Trustees shall determine whether the preliminary plat conforms to the regulations of this chapter.
2. a. Act within 60 calendar days following the action of the Planning Commission, unless the applicant submits a waiver of right to 60-day action.
b. If no decision in rendered by the Town Board of Trustees within the 60-day period described above or such longer period as may have been agreed upon, the preliminary plat, as submitted, shall be deemed to be approved.
3. Take one of the following actions:
a. Approve the preliminary plat;
b. Approve the preliminary plat with conditions, which shall mean the preliminary plat shall be considered to have been approved once such conditions are fulfilled; or
c. Deny the preliminary plat.
(3) Criteria for preliminary plat approval.
(a) The following criteria shall be used to determine whether the preliminary plat application shall be approved, approved with conditions or denied.
(b) Approval criteria:
1. The preliminary plat is consistent with all zoning requirements for the property, including any applicable planned unit development (PUD) zoning standards;
2. The proposed provision and configuration of public improvements including, but not limited to, roads, water, wastewater, storm drainage, park facilities, open spaces, easements, and right-of-way are adequate to serve the development and meet applicable standards of this chapter;
3. The preliminary plat has been duly reviewed by applicable town staff;
4. The preliminary plat conforms to design requirements and construction standards as set forth in this chapter;
5. The preliminary plat is consistent with the comprehensive plan; and
6. The proposed development represented on the preliminary plat does not endanger public health, safety, or welfare.
(4) Effect of preliminary plat approval.
(a) Continuation of the development process. The approval of a preliminary plat by the Town Board of Trustees shall allow the applicant to proceed with the development and platting process by submitting construction plans and a final plat.
(b) General approval of layout only. Approval of the preliminary plat shall be deemed general approval of the subdivision’s layout only, and shall not constitute approval or acceptance of construction plans or a final plat.
(E) Expiration and extension.
(1) Preliminary plat expiration.
(a) Two-year validity.
1. The approval of a preliminary plat shall remain in effect for a period of two years following the date of approval, during which period the applicant shall submit and receive approval for construction plans and final plat for the land area shown on the preliminary plat.
2. If construction plans and a final plat application have not been approved within the two-year period, the preliminary plat shall expire.
(b) Phased developments - partial construction plans and final plat. If construction plans and a final plat for only a portion of the land area shown on the preliminary plat are approved by the end of the two-year period, then the preliminary plat for the remainder of the land not included on the construction plans or final plat shall expire on such date.
(c) Relationship to construction plans. A preliminary plat shall remain valid for two years or the period of time in which approved construction plans are valid, whichever is greater.
(d) Action on final plat. Should a final plat application be submitted within the two-year period, but not be acted upon by the Town Board of Trustees within the two-year period, the preliminary plat shall expire unless an extension is granted as provided in division (E)(1) of this section.
(e) Void if not extended. If the preliminary plat is not extended as provided in division (E)(1) of this section it shall expire and become null and void.
(2) Preliminary plat extension. A preliminary plat may be extended for a period not to exceed one year beyond the preliminary plat’s expiration date. A request for extension shall be submitted to the town in writing at least 30 calendar days prior to expiration of the preliminary plat and shall include reasons why the preliminary plat should be extended.
(3) Preliminary plat extension decision.
(a) The Zoning Administrator will review the extension request and shall approve it, approve it with conditions, or deny the extension request within 30 calendar days following the official filing date of the request.
(b) Should the Zoning Administrator fail to act on an extension request within 30 calendar days, the extension shall be deemed to be approved.
(4) Extension considerations. In considering an extension, the Zoning Administrator shall consider whether the following conditions exist:
(a) A final plat has been submitted and/or approved for any portion of the property shown on the preliminary plat;
(b) Construction plans have been submitted and/or approved for any portion of the property shown on the preliminary plat;
(c) Construction is occurring on the subject property;
(d) The preliminary plat complies with new ordinances that impact the health, safety and general welfare of the community; and/or
(e) There is a need for a park, school or other public facility or improvement on the property.
(5) Extension conditions.
(a) In granting an extension, the Zoning Administrator may impose such conditions as are needed to ensure that the land will be developed in a timely fashion and that the public interest is served.
(b) Any extension may be predicated upon compliance with new development regulations and/or the applicant waiving any vested rights.
(6) Appeal of the denial of the preliminary plat extension.
(a) Appeal of the preliminary plat extension decision.
1. The denial of an extension by the Zoning Administrator may be appealed to the Planning Commission.
2. A written request for such appeal shall be received by the Zoning Administrator within 14 calendar days following the denial.
3. The Planning Commission shall hear and consider such an appeal within 30 calendar days following the zoning official’s receipt of the appeal request.
(b) Appeal of the Commission’s preliminary plat extension decision.
1. The denial of an extension by the Planning Commission may be appealed to the Town Board of Trustees.
2. A written request for such appeal shall be received by the Zoning Administrator within 14 calendar days following the denial.
3. The Town Board of Trustees shall hear and consider such an appeal within 30 calendar days following Zoning Administrator’s receipt of the appeal request.
4. The decision of the Town Board of Trustees is final.
(F) Amendments.
(1) Minor amendments to preliminary plats.
(a) Minor amendments to the design of the subdivision subject to an approved preliminary plat may be incorporated in an application for approval of a final plat without the necessity of filing a new application for re-approval of a preliminary plat.
(b) Minor amendments may only include:
1. Minor adjustments in street or alley alignments, lengths and paving details; and
2. Minor adjustments to lot lines that do not result in creation of additional lots or any nonconforming lots, provided that such amendments are consistent with applicable approved prior applications.
(2) Major amendments to preliminary plats. All other proposed changes (not listed above) to the design of the subdivision subject to an approved preliminary plat shall be deemed major amendments that require submittal and approval of a new application for approval of a preliminary plat (including new fees, new reviews, new official filing date and the like) before approval of construction plans and/or a final plat.
(3) Determination between minor and major amendments to preliminary plats. The Zoning Administrator shall make a determination of whether proposed amendments are deemed to be minor or major, thereby requiring new submittal of a preliminary plat.
(Ord. 382, passed 7-8-2021)