(A) Review by Planning and Zoning Commission. The Commission shall hold a public hearing to review the preliminary plat and recommend to approve, approve with conditions, or deny said plat.
(B) Town Council review and action. The Council shall hold a public hearing to review the preliminary plat and approve, approve with conditions or deny said plat.
(C) Conditions of preliminary approval.
(1) The subdivider or his or her agent and his or her engineer shall be present at each meeting. The subdividers engineer may act as agent.
(2) The Council may impose conditions on the approval of the preliminary plat and/or on the approval of any extension of a preliminary plat approval as the Council deems necessary to implement the requirements of any federal, state, and/or local law, ordinance, code, rule, regulation, policy and/or guideline; to protect the public from potential adverse impacts from the proposed development; or to fulfill an identified need for public services.
(3) When in the opinion of the Council the location of the proposed subdivision is such that a significant impact may develop between future residents of the subdivision and existing land uses in the vicinity, appropriate special easements dedicated to adjacent property owners may be required of the subdivider prior to recording of the final map. These easements may provide for the continued occasional generation of smoke, odors, noise, dust and spraying of pesticides as necessary.
(4) The action of the Town Council shall be communicated in writing to the subdivider. Conditions of approval or disapproval shall be noted in the Council meeting minutes and in a written correspondence provided to the subdivider.
(D) Significance of preliminary approval. Preliminary plat approval constitutes authorization for the subdivider to submit the final plat and the improvement plans and specifications for the proposed project. Preliminary approval is based on the following terms:
(1) The basic conditions under which preliminary approval of the preliminary plat is granted will not be substantially changed prior to the expiration date.
(2) After approval of the preliminary plat by the Council, the subdivider shall, within one year, cause a final plat of the subdivision or any part thereof to be prepared in accordance with a complete survey of the subdivision and in compliance with the approved preliminary plat within the provisions of this chapter.
(a) Upon application by the subdivider, the Council may grant an extension for submission of the final plat of one year. In the event the Council denies a subdivider’s application for extension, the decision shall be final.
(b) If the subdivider fails to record a final plat for any phase of the preliminary plat within one year, the preliminary plat approval will expire unless the subdivider applies for and receives an extension from either the Town Council.
(c) Any application of a subdivider for such extension of time for the recording of a final plat tract map shall be made in writing to the Council not less than 30 days prior to the expiration of the time allowed.
(3) Conditional approval of a preliminary plat shall not constitute approval of the final plat. Rather, it shall be deemed an expression of approval to the layout submitted on the preliminary plat as a guide to the preparation of the final plat which will be submitted for approval of the Town Council upon fulfillment of the requirements of these regulations and the conditions of the conditional approval.
(E) Appeals.
(1) The decision of the Council to approve, approve with conditions or deny the preliminary plat shall be final.
(2) Whenever standards of subdivision design or subdivision improvement standards are requested to be modified or altered, application shall be made in writing on a form provided by the Community Development Department, stating fully the reasons for the application and the facts relied upon by the subdivider. The Town Council may, after receiving a recommendation from the Community Development Director and Public Works Director, allow a modification from the subdivision regulations, provided facts are presented to the satisfaction of the Council, that the modifications will not be detrimental to the public welfare or injurious to other property in the vicinity.
(F) Preliminary plat required re-subdivision. A preliminary plat showing data and information required by this section shall be required when the re-subdivision of a lot, lots, tracts, or parcels previously recorded as a subdivision or portion of a subdivision results in three or more additional lots, tracts or parcels.
(G) Re-filing following disapproval. In the event that a preliminary plat is disapproved by the Council, a new preliminary plat of the same area or portion thereof may only be filed, within six months of the date of disapproval, if the re-submittal is not in substantial conformance to the original application. The applicant shall be required to submit a new preliminary plat application, including fees and shall adhere to the same review process.
(Ord. 21-11, passed 10-26-2021)