(A) Submission procedure. For every subdivision within the territorial jurisdiction established by § 151.288, which does not qualify for the abbreviated procedure of § 151.327(B), the subdivider shall submit a preliminary plat which shall be reviewed by the Planning Board and approved by the Town Commissioners before any construction or installation of improvements may begin.
(B) Submission; number of copies. Nine copies of the preliminary plat (as well as any additional copies, which need to be sent to other agencies) as well as one electronic copy in PDF format shall be submitted to the Town Clerk at least seven days prior to the Planning Board meeting at which the subdivider desires the Planning Board to review the preliminary plat.
(C) Filing fee. A filing fee, paid by the subdivider, in accordance with the approved town fee schedule, shall accompany submission of the preliminary plat.
(E) Review procedure. The Planning Board shall review the preliminary plat at or before its next regularly scheduled meeting, which follows at least seven days after the Board receives the preliminary plat and the comments from the appropriate agencies.
(F) Planning Board decision. The Planning Board shall, in writing, recommend approval, conditional approval with recommended changes to bring the plat into compliance or disapproval with reasons within 45 days of its first consideration of the plat.
(G) Approval. If the Planning Board recommends approval of the preliminary plat, it shall retain one copy of the plat for its minutes and transmit two copies of the plat to the Town Commissioners with its recommendation.
(H) Conditional approval. If the Planning Board recommends conditional approval of the preliminary plat, it shall keep one copy of the plat for its minutes, transmit two copies of the plat and its recommendation to the Town Commissioners, and return the remaining copy of the plat and its recommendation to the subdivider.
(I) Disapproval. If the Planning Board disapproves the preliminary plat, it shall retain one copy of the plat for its minutes, transmit one copy of the plat and its recommendation to the Board of Commissioners, and return one copy of the plat and its recommendation to the subdivider. If the plat is disapproved, the subdivider may make the recommended changes and submit a revised preliminary plat, or appeal the decision to the Town Commissioners.
(J) Failure to make recommendation. Failure of the Planning Board to make a written recommendation within 45 days after its first consideration shall constitute grounds for the subdivider to apply to the Town Commissioners for approval.
(K) Town Commissioner decision; approval. If the Town Commissioners approves the preliminary plat, the approval shall be noted on two copies of the plat. The Town Commissioners shall retain one copy of the plat and one copy shall be returned to the subdivider.
(L) Town Commissioner decision; approval with conditions. If the Town Commissioners approve the preliminary plat with conditions, approval shall be noted on two copies of the plat along with a reference to the conditions. The Town Commissioners shall retain one copy of the plat along with the conditions and one copy of the preliminary plat along with the conditions shall be returned to the subdivider.
(M) Town Commissioner decision; disapproval. If the Town Commissioners disapprove the preliminary plat, the reasons for the disapproval shall be specified in writing. The Town Commissioners shall retain one copy of the plat and the reasons and one copy of the plat and the reasons shall be returned to the subdivider.
(Ord. passed 2-10-2009, § 14.23)