(A) Application. Whenever any subdivision of land is proposed, the subdivider or his or her agent shall apply in writing to the Planning Commission for approval of a preliminary plat, and submit five copies thereof prepared in accordance with § 151.06. He or she shall submit a fee with this application in accordance with § 151.16. This application shall be submitted at least seven days prior to the meeting of the Planning Commission at which it is to be considered.
(B) Preliminary plat approval. Following review of the preliminary plat the Planning Commission shall communicate within 45 days in writing with the subdivider, informing him or her of action taken, and stating specific changes, if any, that are required in the preliminary layout. If for any reason the subdivision is disapproved, the reasons for such disapproval shall be given. In cases where approval of the plat is conditional upon changes being made in the subdivision layout, one copy of the plat shall be returned to the subdivider with the desired changes marked thereon.
(C) Engineering drawings and specifications. After receiving notice of approval of the preliminary plat, the subdivider shall submit to the Administrator four copies of plans and specifications for all improvements to be installed. The Administrator shall advise the subdivider concerning the character and extent of improvements and the estimated amount of the performance bond or other surety that will be required before final approval of the subdivision plat. The Administrator, after consultation with the Resident Engineer of the Commonwealth Department of Highways and Transportation, shall advise the subdivider of approval or disapproval in writing within 60 days.
(D) Installation of improvements. The subdivider shall, prior to filing with the Planning Commission a final plat for approval, complete all improvements and installation of utilities required under these regulations; or in lieu of completing said improvements, the subdivider shall furnish the town with a performance bond as required by § 151.14.
(E) Submittal of final plat. The subdivider shall, within 12 months after official notification of approval by the Planning Commission in respect to the preliminary plat, apply in writing to the Planning Commission for approval of the final subdivision plat, and submit the original and three copies thereof prepared in accordance with § 151.07. This application shall be submitted at least seven days prior to the meeting of the Planning Commission at which it is to be considered. The subdivider may file for approval only that portion of the approved preliminary plat which he or she proposes to record and develop at that time.
(F) Final plat approval.
(1) Unless an application for final approval is made within 12 months after approval of the preliminary plat, said approval of the preliminary plat shall become null and void.
(2) The Planning Commission shall, within 45 days from the date of submittal of the final plat, approve or disapprove such plat; and failure to act within 45 days shall be deemed approval.
(3) Approval of the final subdivision plat by the Planning Commission shall be shown on the face of the plat by the signature of the Chairperson. The approval of the plat shall not be finally effective until the subdivider has made or provided for the improvements required pursuant to § 151.14 to the satisfaction of the Town Council and this approval has been attested by the signature of the Mayor on said plat.
(G) Recordation. Unless the subdivider shall have said plat recorded in the office of the Clerk of the Circuit Court of the county within six months after final approval by the Planning Commission, and before any lots are sold in said subdivision, approval of the final plat shall become null and void.
(1996 Code, § 143-5)