The Plan Commission shall, upon the filing of an application for secondary plat approval, review the secondary plat along with the accompanying data, hear the report of the Technical Review Committee, and determine whether or not the secondary plat meets all minimum requirements and standards of this chapter and of all other applicable ordinances of the town. The Plan Commission shall then take one of the following actions on the secondary plat within 30 days after its submission or a mutually agreed upon extension.
(A) Approval. The Plan Commission shall authorize the Plan Commission officers to sign the secondary plat only after the Administrative Officer has determined that the secondary plat meets the minimum requirements of this chapter and all applicable ordinances in the town. Upon final approval of the secondary plat, indicated by signature of the officers, the officers shall direct the Administrative Officer to post the secondary plat to a Town Council agenda following receipt of all items indicated in § 153.036.
(B) Conditional approval. If the Plan Commission determines that upon the satisfactory completion of one or more specified conditions consistent with the requirements, standards, and specifications of this chapter, the secondary plat would comply with the terms of this chapter, the Plan Commission may give conditional approval to the plat. Conditional approval of a secondary plat may include a construction agreement which is acceptable to the Plan Commission and would permit the subdivider to proceed with the installation of improvements prior to recording. Written notice of the conditional approval shall constitute formal authorization to the subdivider to construct and install all or a part of the required improvements, subject to inspection and acceptance procedures required by this chapter. The subdivider shall furnish sufficient evidence to the Plan Commission of the satisfactory completion of the conditions before the plat will be deemed “final approval for record.” Upon final approval of the secondary plat, the Plan Commission shall indicate upon each copy that it has been approved. One copy shall be returned to the subdivider, along with the written statement indicating the action taken by the Plan Commission. A written copy of the conditions shall accompany each copy of the approved secondary plat.
(C) Disapproval. Should the Plan Commission decide to disapprove the plat, written notice of the action, together with reasons therefor, shall be transmitted to the subdivider. The action shall also be entered on the official records of the Plan Commission, provided that nothing contained therein shall prejudice the subdivider’s ability to make reapplication for secondary plat approval according to the terms of this chapter.
(D) Continue. Should the Plan Commission have a question regarding a specific technical aspect of the plat which had not previously been studied by the Technical Review Committee, the Plan Commission may refer to the plat along with a detailed statement of the question to the Technical Review Committee for a finding.
(E) Final approval of a secondary plat not acceptance of dedications. Final approval of a plat by the Plan Commission shall not be construed as an acceptance by the public of the offer of dedication of any street improvement, way, place, structure, utility improvements, or open space improvement, within the areas shown upon the plat unless the acceptance is endorsed by the Town Council upon the original tracing of the secondary plat.
(Ord. 121410A, passed 1-11-2011; Ord. 111114, passed 11-11-2014)