§ 154.033  PLANNING COMMISSION APPROVAL OF PRELIMINARY PLAT.
   (A)   Conditions. The Planning Commission shall approve only those preliminary plats which it finds have been developed in accordance with the standards and criteria specified in this chapter and all ordinances of the town, including, but not limited to, the zoning regulations and General Plan.
   (B)   Soil controls. The Planning Commission shall determine from the concept plan review or the preliminary plat the possible need for any environmental impact report which would take into account the soil, slope, vegetation, drainage and other geological characteristics of the site. If the site requires substantial cutting, clearing, grading or other earth moving operations in construction of structures or roads in the proposed development, the Planning Commission shall require the applicant to provide soil erosion and sedimentation control plans and specifications prepared by a licensed civil engineer.
   (C)   Approval or disapproval. The Planning Commission shall, within 45 days after the preliminary plat is filed with the Commission, approve the preliminary subdivision plat if it finds that the subdivision complies with the requirements of the town’s ordinances. The Planning Commission may conditionally approve a preliminary subdivision plat imposing such conditions as it may require in order to bring the subdivision plat into compliance with the requirements of the town’s ordinances. In the event that the Planning Commission disapproves the preliminary plat, it shall do so within 45 days after the date the subdivider made application for approval and it shall state in writing to the subdivider each reason for the disapproval.
   (D)   Authorization to proceed. One copy of the approved preliminary plat with written conditions attached and signed by the Chairperson of the Planning Commission shall be retained by the Commission and one copy shall be given to the subdivider. Receipt of the signed copy by the subdivider shall be authorization for the subdivider to proceed with the preparation of plans and specifications for the improvements required in the final plat. Prior to the construction of any improvements required by this chapter, the subdivider shall provide the Town Engineer with all plans, information and data necessary to install and construct the improvements. This information shall be examined by the Town Engineer and shall be approved if he determines them to be in accordance with the requirements of the town’s ordinances. Construction of buildings shall not commence until after the final plat has been approved and filed with the County Recorder. Approval of the preliminary plat does not constitute acceptance of the subdivision.
   (E)   Approval valid for 12 months. Approval of the preliminary plat shall be valid for 12 months unless an extension is granted by the Planning Commission upon application by the subdivider. If the final plat has not been recorded within the 12-month period, the preliminary plat shall be null and void and shall thereafter require resubmission to the Planning Commission for reapproval.
(Prior Code, § 11-3-4)  (Ord. 2001-02, passed 10-3-2001)