§ 155.023  PRELIMINARY PLAT SUBMISSION AND REVIEW.
   (A)   The Subdivider shall prepare and submit Preliminary Plat, construction drawings, and a drainage report to the Department of Planning and Development, for the purpose of determining  adherence of the subdivision to the approved Sketch Plan, relevant design standards, and improvement requirements.
      (1)   An Applicant shall prepare and submit a Preliminary Plat on or before the deadline date specified on the Annual Meeting Schedule.
      (2)   Incomplete submittals shall be returned to the Applicant without acceptance by the Town for review.
      (3)   The following are required to be included with the application and Preliminary Plat materials:
         (a)   Application fee; and
         (b)   Inspecting services fee.
   (B)   Sixty-day time limit for review and response.
      (1)   Staff shall review and act upon the Preliminary Plat within 60 days of the date of receipt of the complete submittal. If no action is taken by staff within this time, the Preliminary Plat shall be deemed to have been approved.
      (2)   The 60-day time limit may be extended by mutual agreement of the affected parties.
   (C)   Staff shall either approve, conditionally approve, or disapprove the plat.
      (1)   If the Preliminary Plat is conditionally approved or disapproved, the reasons for such action shall be provided, in writing, by the Director of Planning and Development, or his or her designee.
      (2)   On approval with conditions, the staff may require the Subdivider to resubmit the Preliminary Plat with all required changes before approval is effective.
   (D)   Approval of the Preliminary Plat does not constitute final approval.
      (1)   Preliminary Plat approval shall be authorization for the Subdivider to proceed with:
         (a)   The installation of the site improvements;
         (b)   The marking of lots and easements; and
         (c)   The preparation of the Final Plat.
      (2)   However, Preliminary Plat approval shall not authorize the sale or transfer of lots.
      (3)   Preliminary Plats shall be vested for a period of two years, subject to the rights and restrictions contained within § 156.049 (Vested Rights).
   (E)   Appeals. Approval or disapproval of the Preliminary Plat by the Director of Planning and Development, or his or her designee, may be appealed by any party of interest to the Planning Commission for review.
      (1)   Submittal of the appeal shall be made no later than 15 days after the decision for approval has been rendered, and shall be accompanied by a written explanation of the basis of the appeal.
      (2)   Failure to meet the filing deadline shall be considered a waiver of the right to appeal.
      (3)   The Commission shall act upon the appeal request within 60 days of the meeting at which the request is scheduled to be considered, which shall be the next meeting for which the normal 28-day application deadline can be met.
      (4)   The decision of the Commission shall be final.
      (5)   An appeal from the decision of the Commission may be taken to Circuit Court within 30 days after actual notice of the decision.
('81 Code, § 154.11) (Ord. passed 6-9-92; Am. Ord. 99020, passed 7-13-99; Am. Ord. 00063, passed 1-9-01; Am. Ord. 02045, passed 7-9-02; Am. Ord. 05035, passed 6-14-05: Am. Ord. 10071, passed 12-14-10; Am. Ord. 16082, passed 10-11-16)