Section 6-406 Procedure For Final Subdivision Approval
An applicant seeking final approval of a large scale, small scale or minor subdivision shall follow the steps outlined below. The common review procedures for each step are set out in Article 5 of this Title.
6-406.A. Pre-Application Conference. The applicant may attend a pre-application conference prior to submission of an application.
6-406.B. Submit Application. The applicant shall submit a complete application to the Planning Director containing those materials listed in Section 6-407 of this Division.
6-406.C. Review By Town Council. Land dedications and or payments in-lieu associated with large and small scale subdivisions, if any, must be reviewed and approved by Town Council. If any subdivision involves the vacation of an existing and or platted public right-of-way, Town Council shall review and approve such matter only at a public hearing. Town Council may accept, accept with conditions or reject any proposed land dedication.
6-406.D. Approval of Final Plat.
6-406.D.1. Large and Small Scale Subdivisions. Proposed final plats shall be reviewed by the Town staff after land dedications and/or payments in-lieu have been determined by Town Council as provided for in Section 6-406.C above, and if it is determined that the proposed final plat reflects and conforms to the preliminary plat as amended and approved by the P&Z, then it shall be finally approved by the Planning Director and P&Z Chairperson. If the proposed final plat as proposed or requested, does not substantially conform with the preliminary approval it shall be remanded to the P&Z for a new review and preliminary approval at a public hearing after which it shall be subject again to final approval as provided for herein.
6-406.D.2. Minor Subdivisions. Proposed final plats shall be reviewed by the Planning Director for conformity with all applicable requirements of the Land Use Code. For minor subdivision involving the division into lots of a parcel of land of seven thousand five hundred (7,500) square feet or less, or the aggregation of lots into a parcel of land of seven thousand five hundred (7,500) square feet or less, the P&Z Chairperson shall review and approve such subdivision only after notice and public hearing as prescribed at Sections 5-206.C and D of this Title. Public Notice for such hearing shall be a Level 4 Notice according to the provisions of 5-204.C. Upon a finding of conformity, the Planning Director and P&Z Chairperson shall approve the final plat. If a proposed final plat does not conform to all applicable provisions of the Land Use Code, then the submission shall be treated as a small scale subdivision in accordance with Section 6-403.A above.
6-406.E. Filing. The Mayor, P&Z Chairperson, Planning Director, and Town Engineer shall sign all approved final plats within a reasonable time after submission of all required documents and evidence that all applicable conditions in the subdivision approval have been met. Upon pre-payment by the applicant of the County Clerk’s recording fee, the Planning Director shall record the executed final plat together with any required subdivision improvements agreement in the office of the County Clerk and Recorder. There shall be no sales, agreements to sell, leases or rentals of parcels of an approved subdivision until the final plat has been duly recorded.
6-406.F. Notice. Public notice announcing the approval of a final subdivision and/or subdivision plat that was subjected to a public hearing at either the preliminary or final approval stage shall be published in accordance with the provisions of Section 5-208.H of this Title.
6-406.G. Vesting. An approved final subdivision plan and/or plat that was subject to public hearing at either the preliminary or final approval stage shall constitute a site specific development plan.
6-406.H. Obtain Building Permit. A subdivider may apply for and receive a building permit for development or construction as authorized under a final subdivision approval only after the final plat and any improvements agreement have been approved, publicly noticed, executed, and filed of record, and all prerequisite conditions of approval satisfied, including the payment of all fees, as specified under Section 5-209 of this Title.