§ 50-285. Review of preliminary plat.

Procedures for review of the subdivision preliminary plat by the planning commission are as follows:

(1)

When a preliminary plat drawn in accordance with section 50-317 has been officially submitted, such plat shall be reviewed by the planning commission at its next regularly scheduled meeting, provided such submission has occurred no less than seven calendar days prior to such meeting. At the discretion of the planning commission, the plat may be reviewed at a special meeting.

(2)

During review of the preliminary plat, the planning commission shall seek the advice of the town zoning administrator if applicable, the health department, the department of transportation, and other officials or consultants as required before making its decision on the plat. Such review shall ensure that the preliminary plat is in accordance with the requirements of division 4 of this article, the streets in the proposed subdivision are designed to fit into the existing street system, and no harmful effects are created for the present and future residents of the town. All subdivisions shall be reviewed considering the policies of the town comprehensive plan and the requirements and recommendations of all the town plans and ordinances.

(3)

If the preliminary plat is approved or disapproved or the commission deems changes or modifications of the plat submitted are advisable or necessary in the public interest, such decision, the reasons therefor, and the sections of this article relied upon shall be put in written form by the administrator. Such notice shall be sent to the following:

a.

The applicant or his agent.

b.

The town council.

c.

The town engineer, if applicable, or highway resident engineer.

Such report shall be only a notification of planning commission activity to the town council. Such report may also include an estimate of the cost of construction of all improvements as required by this article and the amount of the performance bond which may be required as a prerequisite for approval of the final subdivision plat as provided in section 50-286(f)(3)e. In determining the cost of required improvements and the amount of the performance bond, the commission may consult with a duly licensed engineer who shall prepare this data for the commission, or the commission may require an estimate of the cost of improvements, prepared and certified by a duly licensed engineer, to be furnished by the applicant.

One copy of the plat with all comments shall be maintained for the permanent records of the town, and one copy shall be sent to the applicant or his agent.

(4)

Except as otherwise provided by law, the planning commission shall render its decision and communicate it to the applicant within 60 days of submission. Failure of the planning commission to render such a decision and communicate it to the applicant within the time and in the manner required shall be deemed an approval unless the town requests an extension of time and the applicant has agreed, in writing, to such extension.

(5)

If the planning commission requires changes to the preliminary plat, the planning commission shall approve or disapprove the plat at its next regularly scheduled meeting, provided such changes are made to the satisfaction of the planning commission, and communicate such decision forthwith; provided, however, the resubmission has occurred no less than seven days prior to such meeting.

(6)

Approval of the preliminary plat shall not constitute acceptance of a subdivision for recording and does not constitute a guarantee of approval of the final plat. Approval is only an expression of approval of a general plan to be used in preparing the final subdivision plat for final approval and recording upon fulfillment of all requirements of this article.

(7)

When a preliminary plat has been approved or approved subject to conditions, no subsequent changes or amendment in the zoning, subdivision, or other governing ordinance or plan shall be applied to adversely affect the right of the applicant to commence and to complete any item for which the approval was granted. If such ordinance is amended after preliminary approval of such plat, the plat will be rendered nonconforming and will be subject to all requirements placed on such nonconformities.

(Ord. of 6-29-1977, § 205)

(Ord. of 6-29-1977, § 205)