(A) Planning Commission recommendation.
(1) Developer submits application for preliminary plan review. Following the determination of a complete preliminary subdivision application by the Town Clerk, the developer shall submit ten copies of the application with all maps, charts, statements, documents and other information required on the preliminary plan application to the Town Clerk together with the required fees.
(2) Planning Commission agenda and notification. Consideration of the preliminary plan shall not be placed on the Planning Commission agenda for a given meeting unless the completed application was submitted no fewer than 30 days prior to said regularly scheduled meeting.
(3) Town Engineer reviews preliminary subdivision plat. Prior to the Planning Commission meeting at which the preliminary subdivision application will be considered, the Town Engineer shall review and return to the Town Clerk the preliminary plat accompanied by recommendations pertaining to corrections, additions and deletions necessary to bring the same into compliance with town standards and good development practices.
(4) Planning Commission reviews and makes recommendation on preliminary subdivision plat. Following receipt of the Town Engineer’s recommendation, the Planning Commission shall review with the developer the report submitted by the Town Engineer and/or other town staff. The Planning Commission may recommend approval of the preliminary subdivision application as presented, recommend approval of the preliminary subdivision application with revisions and/or conditions or recommend denial of the preliminary subdivision application. The determination of the Planning Commission shall be accompanied by findings of fact. The Planning Commission may recommend on- site and off-site improvements, facilities and amenities, and provided 100% by the applicant for subdivision approval determined necessary by the Planning Commission and accompanied by a finding of the Planning Commission that such on-site and off-site improvements, facilities and amenities are required to protect the public health, safety and welfare of the residents of the subdivision, or the existing residents of the town, including, but not limited to:
(a) Road improvements, grading and hard-surfacing, bridges, culverts, road signs and lighting;
(b) Flood control areas and facilities;
(c) Culinary water facilities;
(d) Sanitary sewer facilities;
(e) Park, trails, open space areas and facilities;
(f) Fire protection facilities, including fire hydrants and water storage facilities;
(g) Irrigation facilities;
(h) Electrical power, telephone and other utility facilities; and
(i) Fencing and livestock guards.
(5) Recommendation. The Planning Commission shall transmit its recommendation to the Town Council for consideration.
(B) Town Council approval.
(1) Submission for review. Preliminary plat approval shall only be accorded by the Town Council. Following a recommended approval of the preliminary plat by the Planning Commission, three copies of the plat shall be submitted for review by the Town Council.
(2) Public hearing. Before taking action on the plat, the Town Council shall hold a public hearing. Said hearing shall be called by making legal notice, in a newspaper having general circulation in the town, not more than 30 days, nor less than 15 days, prior to the date of the hearing and/or posted in three public places within the town. The legal notice shall contain the date, place and time of the hearing.
(3) Approval. After considering the proposed preliminary subdivision application and all materials submitted and input and comments received, the Town Council may approve the preliminary subdivision application as presented, approve the preliminary subdivision application as recommended by the Planning Commission, approve the preliminary subdivision application with revisions and/or conditions or deny the preliminary subdivision application. The determination of the Town Council shall be accompanied by findings of fact. The Town Council may require on-site and off-site improvements, facilities and amenities, and provided 100% by the applicant for subdivision approval determined necessary by the Town Council and accompanied by a finding of the Town Council that such on-site and off-site improvements, facilities and amenities are required to protect the public health, safety and welfare of the residents of the subdivision, or the existing residents of the town including, but not limited to:
(a) Road improvements, grading and hard-surfacing, bridges, culverts, road signs and lighting;
(b) Flood control areas and facilities;
(c) Culinary water facilities;
(d) Sanitary sewer facilities;
(e) Park, open space areas and facilities;
(f) Fire protection facilities, including fire hydrants and water storage facilities;
(g) Irrigation facilities;
(h) Electrical power, telephone and other utility facilities; and
(i) Fencing and livestock guards.
(C) Effect of preliminary subdivision application approval.
(1) Preliminary plat approval is not final approval. Approval of the preliminary plat by the Town Council shall not constitute final approval of the subdivision by the town, but allows the developer to prepare and submit the final subdivision application and all required documents, according to all procedures, requirements and standards relating to final plat approval, herein. A preliminary subdivision application approval by the County Commission shall not authorize the development of land or the issuance of any building permit for the subdivision site or any proposed lots. No construction shall be permitted, or lots sold, until final plat approval has been obtained.
(2) Effective period of preliminary plan approval. The approval of a preliminary subdivision application shall be effective for a period of one year from the date the preliminary subdivision application is approved by the Town Council, at the end of which time the applicant must have submitted a final subdivision application for approval. If a final subdivision application is not submitted for approval within the one-year period, the preliminary subdivision approval shall be void and the applicant shall be required to submit a new preliminary subdivision application for review and approval, subject to the then existing provisions of this chapter, Chapter 152 of this code of ordinances and all other applicable local, state and federal requirements then in effect.
(Ord. 14-11-02, passed 11-14-2002)