(A) An application for amending a plat shall be submitted to the Planning and Zoning Board.
(B) A complete amended plat application must include the proposed amended plat and other required documents and survey markers must be in place for review by the Board. To be placed on the Board’s agenda, the application must be received a minimum of two weeks in advance of a regular Planning and Zoning Board meeting. Regular Board meetings are held the first and third Wednesday of each month. The Planning and Zoning Board may have the application reviewed by a third party.
(C) The applicant is to coordinate with the Planning and Zoning Board to establish the planned schedule for review and action on the application and to schedule the public hearing. The applicant or the applicant’s representative is required to attend both the Planning and Zoning Board meeting and the Town Council meeting when the application is intended to be discussed, reviewed, schedules developed or action taken.
(D)
Subdividing, creation of new lot(s).
(1) Only lots that were combined with the Procedures for Amending a Plat shall be eligible for subdividing.
(2) Any newly created lot shall have the same governance and restrictions as were in effect prior to the subdividing.
(3) No structures shall remain on the newly created lot(s) that violates or conflicts with any Town Ordinance.
(4) Lot(s) size shall be no smaller than that allowed in their respective Zoning District.
(5) A Plant Investment Fee shall be required. See Title V, Water Utility, Chapter 50 Regulations, Section Plant Investment Fee.
(E) Public involvement and hearing.
(1) For all plat amendments, all property owners within 300 feet of every boundary of the property being requested for adjustment shall be notified of the pending amended plat application and of a public hearing to be held. The Planning and Zoning Board will notify affected property owners within 300 feet of every boundary of the property being requested for adjustment and any homeowner's association by certified mail at least 30 days in advance of the scheduled hearing. The above-mentioned property owners and any homeowner's association may give written comment expressing consent or dissent to the proposed changes.
(2) The Town Planning and Zoning Board will schedule and conduct a public hearing, to be held during a regularly scheduled Planning and Zoning meeting, to decide on a recommendation to the Town Council on the amended plat application. Oral and written comments from the adjoining property owners, public and other interested parties will be by the Board at that hearing.
(3) After the hearing, the Board will reconvene its regularly scheduled meeting, with a quorum in attendance, to consider the public comments and other pertinent information and to make a recommendation to the Town Council. This recommendation will be presented to the Town Council at its next regularly scheduled meeting. The Board reserves the right to table the application until such time as it has all necessary information pertaining to the application.
(F) The Town Council shall entertain a motion to approve, deny or table the application as well as hear any new and relevant evidence from the applicant, neighbors, and other concerned citizens before taking final action on an application.
(G) The applicant or his or her representative is responsible for recording an approved amended plat with the County Clerk's office.
(H) The applicant or their representative is required to attend both the Planning and Zoning Board meeting and the Town Council meeting. If the applicant or their representative is not present at either the Planning and Zoning Board meetings or the Town Council meeting, the applicant shall reapply.
(Prior Code, § 9.19.050) (Ord. 2021-15, passed 8-18-2021)