(A) 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 City Planning Staff.
(1) Within five working days of receiving the proposed changes, the City Planning Staff shall determine whether the changes to the preliminary plat are material pursuant to division (B) below.
(2) If the City Planning Staff determines the changes are material, Staff may require the subdivider to begin the subdivision review process again, starting with the pre-application meeting, and require payment of a new application fee.
(3) If the City Planning Staff determines the changes are not material, Staff shall accept the changes, notify the subdivider and the governing body of the decision and the governing body shall approve of those changes in a meeting for which notice has been given of non-material changes to the final plat.
(B) 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 or open spaces;
(5) Easement provisions;
(6) Designated access;
(7) Proposed covenants; or
(8) Changes to conditions of approval.
(C) A subdivider whose proposed changes to the preliminary plat have been deemed material by the City Planning Staff may appeal Staff’s decision to the governing body by written notice within ten working days. The subdivider may request a hearing, and may submit additional evidence to show the changes to the preliminary plat are not material. City Planning Staff may be employees of the City or a consultant or independent contractor designated by the City to assist with planning efforts.
(D) If the subdivider and the City Planning Staff determine 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 City through a properly noticed public hearing in order to determine if the condition may be waived or amended. (Res. 607, passed 7-1-2019)