A. Submittal Of Proposed Changes: If the subdivider proposes to change the preliminary plat after the preliminary plat approval but before the final plat approval, the subdivider shall submit the proposed changes to the subdivision administrator for review.
1. Within five (5) working days of receiving the proposed changes, the subdivision administrator shall determine whether the changes to the preliminary plat are material pursuant to subsection B of this section.
2. If the subdivision administrator determines the changes are material, the subdivision administrator shall require the subdivider to begin the subdivision review process again, starting with the preapplication meeting and require payment of a new application fee.
3. If the subdivision administrator determines the changes are not material, the subdivision administrator shall accept the changes and notify the subdivider and the governing body of that decision.
B. Material Changes: The following changes, although not an exhaustive list, may be considered material:
1. Configuration or number of lots;
2. Road layout;
3. Water and/or septic proposals;
4. Configuration of park land and/or open spaces;
5. Easement provisions;
6. Designated access;
7. Changes to proposed covenants; or
8. Changes to conditions of approval.
C. Appeal: A subdivider whose proposed changes to the preliminary plat have been deemed material by the subdivision administrator may appeal the subdivision administrator's decision to the governing body by written notice within ten (10) working days. The subdivider may request a hearing, and may submit additional evidence to show that the changes to the preliminary plat are not material.
D. Condition Illegal Or Impossible To Comply With: If the subdivider and subdivision administrator determine that a condition of approval is illegal or impossible to comply with, due to circumstances outside the subdivider's control, economic hardship notwithstanding, the condition may be reviewed by the governing body through a properly noticed public hearing in order to determine if the condition may be waived or amended. (Ord. 784, 8-6-2007)