§ 13.07.040. General requirements.

(a)

Description of the subdivision process.

(1)

Sketch plan, preliminary plan and final plat. The three (3) steps required to obtain approval of a subdivision are: (1) sketch plan—the review of the feasibility of the project including conceptual design, legal ability to obtain water and sanitation, location of geologic hazards, identification of environmentally sensitive areas and wildlife habitat areas, locations of parks, schools and open space, source of required services, vehicular and pedestrian circulation, and conformance with the Town Master Plan and zoning requirements; (2) preliminary plan—a review of preliminary technical engineering; and (3) final plat—a review of all final engineering and construction plans, execution of subdivision agreements, provision of a letter of credit or cash to secure the construction of the public improvements described in the subdivision agreement, and other legal requirements.

(2)

Each step is a distinct process involving the submittal of an application, an application fee, required plans and reports, referrals of the proposal to other agencies and public hearings/meetings. At each step of the process, the level of design and engineering increases in order to relieve the applicant from major and potentially unnecessary expenses in situations that may require a redesign and therefore, a revision of expensive engineering or planning reports. Approval at any step in the process does not ensure approval at the next step.

(3)

The sketch plan shall be reviewed by the Planning Commission and reviewed and approved by the Town Council at public hearings prior to submittal of the preliminary plan. The preliminary plan processes may be combined upon the approval of the Planning Director based upon, but not limited, to the following factors: design, size, public concern, public facilities, services, access and transportation network. The final plat shall be reviewed and approved by the Town Council.

(4)

Minor development plat. A minor development plat process can be used for single-family residential when four (4) or fewer lots are being created, or for nonresidential and multiple-family subdivisions. A minor development plat shall be reviewed by the Planning Commission and reviewed and approved by the Town Council.

(5)

If any proposed plan or plat is denied by the Town Council, a new subdivision application for the same or substantially the same request, as determined by the Planning Director, shall not be accepted within one (1) year of such denial.

(b)

Applicant's responsibility. The applicant or representative is responsible for understanding the requirements and procedures contained in this Title, the Town Master Plan, applicable zoning regulations and is responsible for attending all Planning Commission and Town Council hearings/meetings at which the request is considered. Failure to attend the hearings/meetings may result in the request being denied or tabled and a new hearing/meeting date scheduled. The applicant is responsible for submitting the information requested by staff, for the review of the proposal, and for posting or publishing all public notices as required.

(c)

Additional review fees. The applicant shall be responsible for payment of reasonable review fees as established under Section 13.01.080 of this Title.

(d)

Withdrawal of application. The applicant may withdraw an application at any phase of the process upon submittal of a written request to the Planning Department. Application fees will be refunded only when the withdrawal request is submitted prior to the mailing of the referral packets.

(e)

Inactive files. Any application for subdivision that becomes inactive, whereby the applicant is required to submit additional information or request a hearing date and has failed to do so, for a period of more than six (6) months, shall become void, and the resubmittal of a new application and fees shall be required to pursue the subdivision request. The Planning Director may grant no more than two (2) extensions of time, of no more than three (3) months each, upon a written request by the applicant. After five (5) months, the staff planner shall notify the applicant in writing that the application will become void within thirty (30) days. After thirty (30) days, provided the applicant has not submitted the required additional information or requested a hearing date, the staff planner shall notify the applicant in writing that the application is void. This provision shall apply to all applications on file with the Town upon the effective date of adoption and any application thereafter.

(f)

Inactive subdivisions.

(1)

Any subdivision which has received approval by the Town Council for a period of time in excess of three (3) years prior to the date of adoption of the 2002 ordinance codified herein and for which no public improvements have been constructed or secured within the boundaries of the subdivision, shall be required to submit an amended plat which complies with the requirements of this Title in effect at the time of the amendment, with Section 13.07.120 of this Chapter, and with the required subdivision agreement. No building permits shall be issued until the plat amendment and new subdivision agreement have been approved by the Town Council.

(2)

Any subdivision which has received approval by the Town Council for a period of less than three (3) years prior to the effective date of the 2002 ordinance codified herein and for which no public improvements have been completed or secured within the boundaries of the subdivision, shall be required to submit and receive Town Council approval of a new subdivision agreement prior to the issuance of any building permits.

(Ord. 3.278 §4, 2009; Ord. 3.188 §1, 2002; Ord. 3.147 §2, 2000; PLDO Art. VII §3)