(A) Preliminary plan approval shall constitute tentative approval of the final plat if the final plat is in substantive agreement with the preliminary plan and shall entitle the subdivider to proceed to prepare street, storm drainage and utility construction plans, if applicable, and/or to proceed to prepare the final plat. Approval of construction plans shall entitle the subdivider to proceed with construction of subdivision improvements for the preliminary plan and no construction, including grading, shall proceed without the approval. In addition, the Board of Commissioners may require, as a prerequisite to preliminary plan approval, the submittal for review and approval of all or part of subdivision construction plans in order to ascertain the feasibility of all or part of a proposed subdivision.
(B) If a final plat of all or part of the area shown on a preliminary plan is not recorded in the office of the Register of Deeds within 18 months of approval of the preliminary plan, or if there is a lapse of more than 18 months between the recording of sections, the Subdivision Administrator may require the resubmittal of the unrecorded portion as preliminary plan.
(C) Final plat approval shall entitle the subdivider to record the final plat. A final plat must be recorded in the Office of the Register of Deeds within 30 days of its approval by the Subdivision Administrator. No final plat shall be regarded as finally approved until the plat shall be recorded.
(D) No final plat shall be approved for recording until all required subdivision improvements have been installed and approved.
(E) In addition, no final plat shall be approved for recording unless the plat is in substantial agreement, as determined by the Subdivision Administrator, with the approved preliminary plan. Final plats not in substantial agreement shall be resubmitted as preliminary plans as provided for herein.
(F) After the final plat is recorded, lots as shown on the plat may be sold or otherwise conveyed by reference to the plat. Building permits may be authorized to be issued provided all improvements have been installed and inspected and approved by the Subdivision Administrator. The subdivider shall provide the Subdivision Administrator with a certified copy of the recorded final plat.
(G) Approval and recording of the final plat shall constitute dedication by the subdivider of the right-of-way of each public street and utility and drainage easement shown on the plat. The dedication, however, does not constitute acceptance by the town of the right-of-way, nor does it constitute acceptance for maintenance or for other purposes of the improvements within the rights-of-way and easements such as pavements, sidewalk, drainage facilities and other utility lines. The right-of-way and improvements may be accepted by the Board of Commissioners by resolution upon completion by the subdivider and inspection by the appropriate town staff. In addition, land designated on an approved and recorded final plat as public open space and similar public purposes shall be considered to be offered for dedication until the town has by resolution accepted the dedication and the land is deeded to the town. Until the dedication has been accepted, land so offered may be used for open space purposes by its owner or his or her designees and the town shall be held harmless of any liability involving the land. Land so offered for dedication shall not be used for any purpose inconsistent with the proposed public use without the express approval of the Board of Commissioners.
(Ord. passed - -)