(A) Conceptual plat review.
(1) A pre-filing conference with staff to perform a conceptual plat review is required prior to filing for primary plat approval for all non-residential incremental subdivisions. A pre-filing conference, however, is not required prior to filing for primary plat approval for all other subdivisions.
(2) At a pre-filing conference to perform a conceptual plat review, the subdivider shall provide six copies of a preliminary sketch plan capable of depicting the conceptual layout of the major features of the proposed subdivision (streets, drainage features, water lines, sewer lines and other utility services). Staff may take up to ten business days to review the proposed sketch plan and provide comments back to the subdivider. The subdivider is encouraged to incorporate the comments received from staff into the design of the subdivision prior to filing for primary plat approval.
(3) Notwithstanding anything contained in this chapter to the contrary, neither the staff's conceptual plat review of the proposed sketch plan submitted at a pre-filing conference, nor staff's comments to the petitioner relating thereto, shall be considered a denial, approval or decision concerning the proposed primary plat.
(B) Filing for primary plat approval.
(1) Subdivision plats shall be initiated by the filing of a notarized petition, in a form as prescribed by the Plan Commission, signed by the owners or an authorized agent of the owners of the land involved in the petition. An authorized agent shall file a written statement with the town, signed by the owner on a form acceptable to the Plan Commission, at the time of filing a petition which authorizes the agent to act on the owner's behalf.
(2) Petitions for primary plat approval shall be filed with the Clerk-Treasurer's office of the town no later than 3:00 p.m. on the day of the filing deadline set forth below.
(3) Each petition for primary plat approval shall be accompanied by six folded copies of the primary plat. A copy of the proposed primary plat shall be submitted to each checkpoint agency prior to filing with the town's Clerk-Treasurer's office. For purposes of this chapter, a checkpoint agency is defined as an agency or department of local, state or federal government, or other public or semi-public agency determined by the Building Commissioner to have an interest in the development of subdivisions in the town. Specific agencies deemed to have an interest in the development of subdivisions in the town include, but are not limited to: the town's Fire Department; town's Waste Water Treatment Plant; town's Police Department; and town's Street Department.
(4) All petitions shall be on forms provided by the Plan Commission. In addition, site plans, surveys, legal descriptions, proposed commitments and any other relevant supporting documentation shall be of a usable scale and quality as specified below.
(5) When findings of fact are required by this chapter, the petitioner shall prepare proposed detailed written findings of fact which shall be filed at the time of filing of the petition.
(6) All petitions shall specify the approvals requested. Any items, including proposed waivers of the standards set forth in this chapter, even if indicated on the proposed plans, shall not be considered a part of the request presented to the Plan Commission for its consideration unless such waivers are specified in the petition.
(7) Each petition filed in proper form pursuant to the guidelines established by the Plan Commission shall, within 30 days of filing, be numbered and docketed by the Building Commissioner for an initial hearing by the Plan Commission.
(8) After review and comment is received from the town's Engineer and checkpoint agencies, the Building Commissioner shall inform the subdivider of the review comments. The subdivider shall make revisions to the primary plat, as appropriate, and resubmit 12 folded copies of the primary plat to the Building Commissioner not less than 14 days prior to the date of the Plan Commission hearing.
(9) Primary plats shall only be approved by the Plan Commission upon determination that the primary plat is in full compliance with all terms and provisions of this chapter and Ch. 194 of this code of ordinances and that:
(a) Adequate provisions have been made for regulation of minimum lot width, minimum lot depth and minimum lot area;
(b) Adequate provisions have been made for the widths, grades, curves and coordination of subdivision public ways with current and planned public ways; and
(c) Adequate provisions have been made for the extension of water, sewer and other municipal services.
(10) The Plan Commission may specify reasonable conditions on the approval of a primary plat related to the following:
(a) The manner in which public ways shall be laid out, graded and improved. The Plan Commission may determine the need for additional street rights-of-way and improvements based upon existing plans, reports or studies undertaken by the Plan Commission, or other county, state or federal agency's reports or studies. The Plan Commission may require additional studies to be done by the subdivider or other professional consulting firms to determine the need for additional street rights-of-way and improvements as a result of the proposed development and its impact on the surrounding areas;
(b) A provision for water, sewage and other utility services;
(c) A provision for lot size, number and location;
(d) A provision for drainage design; and
(e) A provision for other services specified in this chapter.
(11) Expiration of approved preliminary plats and preliminary plats with commitments.
(a) Preliminary plat approvals granted by the Plan Commission, including approvals receiving modifications and amendments, shall be valid for three years from the date of said approval. If development of the project has not materially progressed and begun before the end of said three-year period, the approval expires and a new preliminary plat application must be submitted; provided, however, that, the applicant (or party which has been assigned the property being the subject of approval) may appear at a Plan Commission meeting, as a matter of "other business," prior to said expiration date and request consideration of an extension of time before such preliminary plat approval expires, in which event any extension of the Plan Commission grants shall not extend beyond a date which is more than seven years after the date of the most recent preliminary plat approval, including approval of any modification or amendment thereto.
(b) If the recording of commitments is required in connection with approval of a preliminary plat, including approvals receiving modification and amendments, said approval shall automatically be conditional and shall not become final unless the required commitments are finalized in a manner satisfactory to the Plan Commission and recorded within 90 days after said Plan Commission approval; consequently, if the required commitments are not finalized and recorded within said 90 days, such conditional approval shall expire, and notice of a hearing for re-consideration of the subject preliminary plat by the Plan Commission shall be served and published by the applicant (or party which has been assigned the property being the subject of the approval), as required originally, within 60 days after said conditional approval expires or the preliminary plat filing shall be deemed to have been withdrawn.
(C) Filing for secondary plat approval.
(1) The secondary plat submitted for approval must:
(a) Conform to the primary plat in terms of design and conditions of approval imposed on the primary plat by the Plan Commission;
(b) Be in a form approved for recording by the county's Recorder; and
(c) Include the all information specified below for secondary plats.
(2) Authority is hereby delegated to the Building Commissioner to administratively grant final approval of a secondary plat in accordance with the criteria set forth in this chapter.
(D) Special provisions for non-residential incremental subdivisions. The secondary plat approval process for non-residential incremental subdivisions is intended to provide for the phased approval of non-residential lots of a size and configuration required to serve the needs of development while safeguarding the needs and interests of the public for proper infrastructure design and installation. Any non-residential incremental subdivision electing to not utilize this incremental secondary plat approval process set forth herein shall be required to follow the full primary and secondary plat approval process outlined above.
(1) Incremental approval process.
(a) Any subdivider who proposes to utilize the incremental approval process shall indicate the intention to utilize the incremental approval process at the pre-filing conference for conceptual plat review with staff as required below.
(b) Any subdivision for non-residential land uses may be divided into two or more increments or phases for the purpose of secondary plat approval. In connection with a primary plat approval intending to utilize the incremental approval, the Plan Commission shall condition its primary plat approval upon the following requirements:
1. All lots created by an incremental secondary plat shall have either:
a. Direct access to and from a public street; or
b. Gain access to and from a public street across a perpetual recorded access easement through portions of the real estate included in the primary plat.
2. All lots created by an incremental secondary plat shall either contain within the limits of the incremental secondary plat or have legal access to adequate infrastructure to accommodate the fully developed needs of the incremental plat (i.e., storm water management, sanitary sewer, water, electric, gas, telephone and the like).
(c) The Plan Commission may impose any other reasonable conditions on the primary plat approval of a non-residential incremental subdivision deemed necessary to assure the orderly development of the non-residential incremental subdivision. Such reasonable conditions may include the completion of, or posting a bond or other surety in lieu thereof for, improvements necessary to support each incremental secondary plat but which improvements may not be located within the bounds of the proposed incremental secondary plat.
(2) Improvements in incremental secondary plats. Each incremental secondary plat shall be considered a separate secondary plat and the recording of easements, dedication of rights-of-way, infrastructure improvements or other required improvements proposed in the remaining sections of the primary plat may be deferred by the subdivider and completed in connection with the appropriate future incremental secondary plat; provided, however, the recording of easements, dedication of rights-of-way, construction of infrastructure improvements or other required improvements proposed in the primary plat which are determined by the Plan Commission as required to protect the public health, safety and welfare may be required prior to approval of the proposed incremental secondary plat.
(3) Filing requirements for non-residential primary plats proposing to utilize an incremental secondary plat approval process. Any subdivider who proposes to utilize the incremental secondary plat approval process shall indicate the intention to utilize the incremental secondary plat approval process at the pre-filing conference for conceptual plat review and on the application for a non-residential primary plat.
(4) Review procedures for non-residential primary plats proposing incremental secondary plat approval.
(a) The subdivider shall submit a sketch plan for the proposed non-residential subdivision for conceptual plat review by the staff at a pre-filing conference prior to filing a petition for primary plat approval with the Plan Commission.
(b) Staff shall review the sketch plan and shall notify the subdivider of any comments related to the design or contents of the sketch plan within ten business days of the submittal for conceptual plat review.
(c) Notwithstanding anything contained in this chapter to the contrary, neither the staff's conceptual plat review of the sketch plan submitted at a pre-filing conference, nor staff's comments to the petitioner relating thereto, shall be considered a denial, approval or decision concerning the proposed primary plat.
(d) Petitioner may modify the sketch plan and file a petition for primary plat approval after the expiration of the ten business day period referred to above.
(5) Incremental secondary plat approval. Incremental secondary plat approval is hereby delegated to the Building Commissioner; provided that, any and all conditions imposed by the Plan Commission on the primary plat have been fully complied with by the subdivider.
(E) Recording and filing of recorded secondary plat. All subdivisions shall follow one of the following procedures in the recording and filing of recorded secondary plats with the town.
(1) Completion of improvements prior to recording.
(a) After:
1. Completion of all required improvements, installations or lot improvements within a subdivision pursuant to approved construction plans;
2. The submission of "as built" construction plans;
3. The inspection and acceptance of all improvements, installations or lot improvements by the town; and
4. The posting of a maintenance bond for all improvements, installations or lot improvements, the President and Secretary of the Plan Commission shall sign and certify the secondary plat of a subdivision which shall then be recorded in the office of the Recorder of the county within 30 days of signing.
(b) One Mylar copy of the recorded secondary plat and four blueline copies of the recorded secondary plat shall be filed with the Building Commissioner within five business days of recording.
(2) Surety for improvements prior to recording. After the posting of surety for required improvements, installations or lot improvements which is acceptable to the Plan Commission, the President and Secretary of the Plan Commission shall sign the secondary plat of a subdivision which shall be recorded in the office of the Recorder of the county within 30 days of signing. One Mylar copy of the recorded secondary plat and four blueline copies of the recorded secondary plat shall be filed with the Building Commissioner within five business days of recording.
(Ord. 2000-21, passed 11-6-2000; Ord. 2015-14, passed 3-2-2015; Ord. 2022-28, passed 11-21-2022)