The procedure for a minor subdivision shall be as follows.
(A) Submission of proposal; waiver of requirements. The subdivider shall submit two copies of the proposal following the requirements for a final plat in § 13-3-6(B) of this title, with the provision that certain of these requirements may be waived by the Administrator and/or the Planning and Environmental Commission if determined not applicable to the project.
(B) PEC public hearing. Within 30 days of receiving the complete and correct submittal for a minor subdivision, the Planning and Environmental Commission shall hold a public hearing to consider the final plat. The Administrator shall cause a copy of a notice of the time, place and general nature of the hearing and proposal to be published in a newspaper of general circulation in the town at least 15 days prior to said hearing. Also, adjacent property owners to the proposed subdivision shall be notified in writing at least seven days prior to the public hearing.
(C) Review and action on plat. The Planning and Environmental Commission shall review the plat and associated materials and shall approve, approve with modifications or disapprove the plat within 21 days of the first public hearing on the minor subdivision or the minor subdivision will be deemed approved. A longer time period for rendering a decision may be granted subject to mutual agreement between the Planning and Environmental Commission and subdivider. The review shall be based on the criteria and necessary findings in § 13-3-4 of this title.
(D) Appeal. Within 20 days the decision of the Planning and Environmental Commission on the final plat shall be transmitted to the Council by the staff. The Council may call up the decision of the Planning and Environmental Commission within 20 days of the Planning and Environmental Commission’s action. If Council appeals the Planning and Environmental Commission decision, the Council shall hear substantially the same presentation by the applicant as was heard at the Planning and Environmental Commission hearing(s). The Council shall have 30 days to affirm, reverse or affirm with modifications the Planning and Environmental Commission decision, and the Council shall conduct the appeal at a regularly scheduled Council meeting.
(Ord. 2(1983) § 1; Ord. 29(2005) § 58)