1243.08   ACTION ON PRELIMINARY PLAT.
   (1)    (a)   The Director shall act on any proposed preliminary plat and/or plats within ninety (90) days after the date on which the preliminary plat was officially submitted. The Director may delay his action on a preliminary plat or plats beyond such time limits if the applicant has submitted a written request for a delay. The Director shall act on a preliminary plat or plats by either approving, conditionally approving, or disapproving such plat or plats, in writing, transmitted to the applicant by certified mail and giving with the latter specific reasons therefor. The Director shall approve such preliminary plat provided that the requirements and provisions of this Ordinance, the facilities Standards Manual, and other applicable Ordinances have been met. Approval or conditional approval of a preliminary plat shall constitute approval of the subdivision. Specific reasons for disapproval may be contained in a separate document or may be written on the plat itself and shall relate, in general terms, such modifications or corrections as will permit approval of the plat. The subdivider shall be advised by the Department in writing as to the decision of the Director within five (5) working days after the decision. A disapproval of the plat may be appealed to the Planning Commission in accordance with the provisions of Section 1242.04. Nothing herein shall be interpreted so as to preclude the subdivider from filing a new preliminary plat of subdivision for the same property if no appeal to the Circuit Court is pending.
      (b)   If a subdivider objects to any condition imposed by the Director upon the approval of a preliminary plat, such conditional approval may be deemed a disapproval which may be appealed to the Planning Commission in accordance with the provisions of Section 1242.04.
   (2)    After approval or conditional approval of a preliminary plat, a record plat application may be officially submitted within two (2) years, hereafter called the initial approval period, after the date of such action. If no record plat is eligible to be officially submitted within such time, approval or conditional approval of the preliminary plat shall become void.
   (3)    Extensions of up to one (1) year each, provided that the total of all such extensions shall not exceed an aggregate of three (3) years beyond the initial approval period established in the preceding paragraph, may be granted by the Director, as provided in this paragraph (3), upon the written justification of the subdivider. The procedure for the request, review and grant or denial of an extension of a preliminary plat shall be as follows:
      (a)   The subdivider shall submit its written request for extension along with payment of the appropriate fees as established by the Board of Supervisors to the Director at least twenty-one (21) days prior to the end of the initial approval period or current extension period, whichever applies.
      (b)   The Director shall review the request and the reasons supplied by the subdivider. The factors considered by the Director shall include the following:
         1.   Whether the subdivider has agreed in writing that all future submissions of construction plans and profiles, subdivision plats and site plans for the subject application (hereinafter collectively referred to as plans) shall comply with all applicable provisions of the Zoning Ordinance, the Official Zoning Maps, the Land Subdivision Development Ordinance, and the Facilities Standards Manual in effect as of the date of the granting of such extension (hereinafter collectively referred to as the “Ordinance”).
         2.   Whether compliance of the plans with the Ordinance is feasible without rendering the record plat no longer capable of substantial conformance with the approved preliminary plat and the conditions, if any, imposed at the time of such approval.
      (c)   The Director shall take action to approve or disapprove such extension request within twenty-one (21) days after submission thereof, provided that no such action shall be required to be taken more than forty-five (45) days prior to the date upon which such preliminary plat would become void. If, within the said twenty-one (21) days and before the Director has taken any such action, the Initial Approval Period or current extension period expires, then the preliminary plat shall become void and the Director shall not be required to take any further action. Disapproval of such extension request shall be in writing by certified mail with return receipt requested stating the specific reasons therefor. The failure or inability of the subdivider to satisfy the requirements of paragraphs (b)1. and (b)2. hereof shall be a sufficient basis for denial of the extension request.
      (d)   The subdivider may appeal a disapproval to the Planning Commission by submitting within five (5) working days of receipt of such written disapproval a written notice of appeal to the Director along with payment of the appropriate fee as established by the Board of Supervisors. The Director shall promptly schedule the matter for the next available Planning Commission meeting, allowing a reasonable amount of time for the Director and the subdivider to prepare for such meeting, provided that the matter shall be presented to the Commission for decision prior to the date upon which the preliminary plat would become void. The Planning Commission, whether hearing the request on appeal or upon a direct submission, as provided for in paragraph (a) hereof, shall consider the factors set forth in paragraphs (b)1. and (b)2. hereof. Failure or inability of the subdivider to satisfy the requirements of paragraphs (b)1. and (b)2. hereof shall be a sufficient basis for denial of this extension request.
      (e)   In no event shall any extension request be granted which would extend the validity of any preliminary plat to a date more than five (5) years after the date of the original approval or conditional approval of said plan.
   (4)   If a subdivider has (a) obtained approval of a preliminary plat of a proposed subdivision and (b) submitted within two (2) years of preliminary plat approval, or any extended period as approved by the Director under Section 1243.08(3), a record plat meeting the submission requirements of this Ordinance for a portion of the lots shown on the preliminary plat, then the subdivider may submit record plats for remaining portions shown on the approved preliminary plat within five (5) years of the date of recordation of the record plat for the first recorded portion, or within such longer period as the Director may, at the time of preliminary plat approval, determine to be reasonable, taking into consideration the size and phasing of the proposed development which such longer period shall be specifically set forth as a condition of the approval of the preliminary plat, provided, however, that no record plat for any portion of the lots on an approved preliminary plat shall be approved unless such record plat is in conformance with the provisions of the Zoning Ordinance, the Official Zoning Maps, the Land Subdivision and Development Ordinance, and the Facilities Standards Manual in effect at the time it is submitted for approval.
   (5)   Once the time limit of approval for a preliminary plat expires, a new submission and payment of all fees are required.
   (6)   Approval or conditional approval of the preliminary plat shall not obligate the Director to approve the record plat, unless it is in conformance with the preliminary plat, the Zoning Ordinance, and the standards of this Ordinance and the Facilities Standards Manual, and nothing has come to the attention of the Director subsequent to approval or conditional approval of the preliminary plat which is materially adverse or contrary to the requirements or purpose of these regulations.
(Ord. 00-04. Passed 4-29-00.)