(A) Submission requirements. Following primary approval and approval of engineering plans, the applicant, if he or she wishes to proceed with the subdivision, shall file with the staff a request for secondary approval of a subdivision plat. The application shall:
(1) Be submitted on forms available at the Town Office and be submitted with a fee payable to the town in accordance with the schedule of fees adopted by town ordinance;
(2) Include the entire subdivision, or section thereof which derives access from an existing state, county, or town roadway;
(3) Be accompanied by two printed copies and one PDF copy of the secondary subdivision plat as described in this chapter unless additional copies are required by the Zoning Administrator.;
(4) Comply with the chapter and the terms and conditions of primary approval; and
(5) Be accompanied by the performance bond, if required, in a form satisfactory to the Commission Attorney and in an amount established by the Commission upon recommendation of the Town Engineer and guaranteeing the completion of all required subdivision and off-site public improvements.
(B) Technical Advisory Committee review. Upon receipt of the application, the secondary plat shall be reviewed by the Technical Advisory Committee (TAC) to determine conformity with this chapter.
(1) Upon receipt of the required documents the Town Engineer shall examine the plans and submit a written report to the Commission, taking either no exception or exception to the plans, profiles, and specifications. In the event the Town Engineer does not accept the plans, profiles, and specifications, he or she shall state the reasons for disapproval in writing to the Commission, and his or her report shall be recorded by the Commission.
(2) TAC shall review the plat and register in writing any comments they may have. These written comments shall be delivered to the Town Office by the end of the month prior to the month for which Commission consideration is requested. It shall be the responsibility of the subdivider or his or her agent to deliver all required comments, reports, and/or recommendations within the specified date requirements. Failure to have all required written comments submitted by the stipulated deadline may delay Commission consideration.
(C) Determination of conformance for secondary plats. In order to be recorded, a secondary plat shall be found to be in conformance with the primary approval by the Commission at a public meeting. If the secondary subdivision plat deviates from the primary plat that received primary approval, the subdivision shall be resubmitted to the Commission at a public meeting for a new primary approval. The subdivider submitting a secondary plat conforming to the primary approval shall have the secondary plat reviewed by the Commission at a public meeting. The subdivider shall request in writing Commission review no later than the first day of the month preceding the month of the public meeting at which he or she intends to have the secondary plat reviewed. The Commission shall place the matter on its next regular meeting agenda provided the application is submitted by the first day of the month preceding the month of the regular Commission meeting. The staff shall review the proposal and submit a written report to the Commission, and the Commission, at the public meeting, shall grant secondary approval, continuance, or disapproval of the secondary plat. If granted secondary approval, it shall be signed by the designated officials. If not granted secondary approval, then the subdivider shall be informed as to the insufficiency of his or her submission. Not later than ten days after the Commission meeting, the Administrator shall notify the subdivider in writing of the Commission’s action on the secondary plat.
(D) Preliminary approvals required. In no case shall a petitioner be permitted to file an application for secondary approval prior to receiving primary approval and approved engineering plans.
(E) Common water and sewage facilities. In instances where the subdivider proposes to construct a common sewage treatment facility or a common water supply system, or both, the Commission shall not give secondary approval until:
(1) The State Board of Health and the State Department of Environmental Management give approval to the final engineering and construction plans for the facility; and
(2) In the instance where a common sewage treatment facility is to be constructed, the appropriate agencies have granted the subdivider or the appropriate corporation a certificate of territorial jurisdiction. Furthermore, where the subdivider proposes to construct a common sewage treatment facility and/or a common water supply system, the Administrator, upon receipt of the engineering plans, shall immediately deliver one copy of each of these plans to the County Health Officer and Town Engineer.
(F) On-site sewage disposal. In instances where on-site sewage disposal systems are proposed (septic tanks), the County Health Department requires that all secondary plats submitted for approval shall have a plat prepared which depicts all soil types as defined in § 155.013, contour lines, drainage easements, and utility easements on the secondary plat. Non-compliance with this provision shall delay secondary approval.
(G) Sanitary treatment plant. Where the sanitary treatment plant is to be installed by the subdivider, all secondary plat approvals shall be granted by the Commission subject to the condition that no building permits will be issued until either:
(1) The sewage treatment facility is operative, as attested to by the State Department of Environmental Management; or
(2) The subdivider has an adequate temporary sewage treatment facility installed or an adequate proposal before the County Health Officer, who in turn will notify the Administrator by letter that a certain number of building permits may be authorized for issue based on temporary sewage treatment installations or proposals.
(H) Phasing plats. Prior to granting secondary approval of a major subdivision plat, the Commission may permit the plat to be divided into two or more sections or phases and may impose conditions upon the filing of the sections as deemed necessary to assure the orderly development of the plat. The Commission may require that the performance bond be in an amount as will be commensurate with the section or sections of the plat to be filed and may defer the remaining required performance bond principal amount until the remaining sections of the plat are offered for filing. These sections or phases must contain at least ten lots, or 10% of the total number of lots contained in the approved plat, whichever is less. The approval of all remaining sections not filed with the staff shall automatically expire after five years of the date of primary subdivision approval of the subdivision plat, unless the expiration date has been extended.
(Ord. 27, § 3.20.40, passed 4-16-1997; Am. Ord. 191, passed 6-15-2010; Am. Ord. 41I, passed 2-15-2010)