A. Changes After Subdivision Administrator Determination: If the subdivider changes the subdivision application or preliminary plat after the subdivision administrator makes a determination of sufficiency pursuant to section 12-3-6 of this title, but before the planning board hearing, the subdivider shall submit the amended application 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, pursuant to subsection D of this section.
2. The sixty (60) working day review period is suspended while the subdivision administrator considers whether the changes to the subdivision application or preliminary plat are material.
3. If the subdivision administrator determines the changes are not material, the sixty (60) working day review period resumes when he mails notice of the decision to the subdivider.
4. If the subdivision administrator determines the changes are material, the subdivision administrator shall either require the subdivider to schedule a new preapplication meeting and resubmit the application as a new subdivision application or proceed with the sixty (60) working day review period upon certification from the subdivision administrator that the application is sufficient for review.
B. Changes After Planning Board Hearing: If the subdivider changes the subdivision application or preliminary plat after the planning board hearing but before the governing body hearing, 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 pursuant to subsection D of this section.
2. The sixty (60) working day review period is suspended while the subdivision administrator considers whether the changes to the subdivision application or preliminary plat are material.
3. If the subdivision administrator determines the changes are not material, the sixty (60) 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, he shall either:
a. Require the subdivider to begin the subdivision review process again, starting with the preapplication meeting, and require payment of a new application fee; or
b. Schedule a new planning board hearing to take comment on the amended application or preliminary plat. Notice of the subdivision administrator's determination to schedule a new planning board hearing shall be provided as set forth in section 12-6-5 of this chapter. A supplemental staff report shall be prepared to address the changes to the original application.
5. If a new planning board hearing is held pursuant to subsection B4b of this section, the sixty (60) working day review period is suspended for the time period between notice of the subdivision administrator's determination and ten (10) working days after the date of the second planning board hearing.
C. 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 subsections A2 and B2 of this section.
D. 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.
E. Appeal: A subdivider whose subdivision application or preliminary plat has been deemed materially changed by the subdivision administrator may appeal the 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.
1. The sixty (60) working day review period is suspended until the governing body's decision on the appeal is made.
2. If the governing body concludes the evidence and information demonstrates the changes to the subdivision application or preliminary plat are material, they shall determine whether the subdivision application should be resubmitted or scheduled for rehearing in front of the planning board pursuant to subsection B4a or B4b of this section.
3. If the governing body concludes that the evidence and information demonstrates that the changes to the subdivision application or preliminary plat are not material, the sixty (60) 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 sixty (60) working day review period provided in subsection E1 of this section. (Ord. 784, 8-6-2007)