(A) Application.
(1) Applicants for a minor subdivision are required to pay appropriate fees upon requesting sketch review by the town staff.
(2) (a) The Administrator shall determine if the submitted minor subdivision plat application is complete.
(b) If the application is not complete, the Administrator may reject the application and inform the applicant of the materials needed to make the application complete.
(c) If the application is complete, the Administrator shall initiate processing the plat.
(3) A minor subdivision applies to six or less units or lots.
(B) Minor plat process.
(1) Pre-application/sketch plan review. Applicants shall submit all materials required for pre-application/sketch plan review by the Administrator to the Administrator using the submission requirements listed in § 153.178. Timing of the review will follow the process for preliminary plat of this chapter.
(2) Final plat review.
(a) Applicants shall submit all materials required for final required for final plat review by Town Board to the Administrator using the submission requirements list of § 153.178.
(b) Timing notification and public hearing requirements of the review will follow the process for final plat in § 153.104.
(3) Review by the Planning Commission.
(a) The Planning Commission shall review and consider the staff report, any public comments received by the town, the provisions of this chapter and any other applicable development regulations, standards or requirements adopted by the town and shall approve, approve with conditions or deny the minor subdivision sketch plan.
(b) Minor subdivisions that are approved with conditions shall be revised to reflect the conditions before sealing the final plat application.
(c) Minor subdivisions that are approved with conditions or denied may be appealed to the Board of Trustees.
(4) Appeal.
(a) The applicant or any affected party has ten days within which to appeal the decision of the Planning Commission to the Board. The appeal to the Board shall be a complete review of the minor subdivision application.
(b) Any affected party is defined as:
1. Any person who was notified in writing because they were within 300 feet of the subject property; or
2. An individual who is harmed or negatively impacted by the actions of the Commission’s decision.
(c) The Board shall consider the minor subdivision appeal at a public hearing.
(d) In hearing an appeal, the Board shall, at a public meeting, review the record of the Commission action. No new testimony may be heard, except staff may be asked to interpret materials contained in the public record.
(e) 1. The Board may overturn or amend the Commission’s actions upon a finding that the Commission erred in the application of performance standard or criteria contained in this chapter or other written documents or plans adopted by the town.
2. Further, the Board may remand for additional evidentiary findings or for an additional public hearing to obtain new evidence.
(f) 1. The Board shall make explicit its rationale for overturning a decision of the Commission.
2. Staff shall, in the case of Board approvals and conditional approvals, make them a part of the approved minor plat.
(5) Review by the Town Board.
(a) The Town Board shall consider the final plat at a public hearing as required in this chapter.
(b) The Board will finalize any subdivision improvements agreement as negotiated by the Administrator and as required to implement the subdivision.
(c) Upon approval of a minor subdivision plat, the Town Board shall cause the Administrator to record the plat as per this chapter.
(Ord. 2-98, passed 4-22-1998)