A. Amended Application: If the subdivider changes the subdivision application or preliminary plat before the governing body makes their decision, the subdivider shall submit the amended application or preliminary plat to the subdivision administrator for review.
1. Within five (5) working days of receiving the amended application or preliminary plat, the subdivision administrator shall determine whether the changes to the subdivision application or preliminary plat are material, as determined in subsection C of this section.
2. The thirty five (35) working day review period is suspended while the subdivision administrator considers the amended application or preliminary plat.
3. If the subdivision administrator determines the changes are not material, the thirty five (35) working day review period resumes when the subdivision administrator mails notice of the decision to the subdivider.
4. If the subdivision administrator determines the changes are material, the subdivision administrator shall require the subdivider to schedule a new preapplication meeting and resubmit the application and preliminary plat as a new subdivision application.
B. Consent To Suspension Of Review Period: By making changes to a pending subdivision application or preliminary plat, the subdivider consents to suspension of the review period as provided in subsection A2 of this section.
C. 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; and
6. Designated access.
D. Appeal; Request For Hearing: A subdivider whose subdivision application or preliminary plat has been deemed materially changed by the subdivision administrator may appeal that administrator's decision to the governing body. The subdivider may request a hearing, and may submit additional evidence to show that the changes to the preliminary plat are not material.
1. The thirty five (35) working day review period is suspended until the governing body decision on the appeal is made.
2. If the governing body concludes that the evidence and information demonstrate that the changes to the subdivision application or preliminary plat are material, they shall require the subdivision application and preliminary plat to be resubmitted pursuant to subsection A4 of this section.
3. If the governing body concludes that the evidence and information demonstrate that the changes to the subdivision application or preliminary plat are not material, the thirty five (35) working day review period resumes as of the date of the decision.
4. By appealing the decision of the subdivision administrator, the subdivider agrees to suspension of the thirty five (35) working day review period provided in subsection D1 of this section. (Ord. 784, 8-6-2007)