SECTION 2


SUBDIVISION APPLICATION PROCEDURE

15.2.1.    Diligence.
15.2.2.    Application procedure.
15.2.3.    Zoning administrator to determine a complete application.
15.2.4.    Lack of preliminary subdivision application information - a determination of an incomplete application.
15.3.5.    Appeal of zoning administrator's determination of completeness.
15.2.6.    Concept plan requirements.
15.2.7.    Preliminary plat requirements.
15.2.8.    Infrastructure design and engineering drawings requirements.
15.2.9.    Final plat requirements.


15.2.1. Diligence.

   Each development shall be actively pursued to completion.  Any application that exceeds the time limits stated in this chapter will be deemed null and void and all vested rights are waived by the subdivider for that development.  An application shall be null and void and all vested rights waived by the Subdivider for that development if they do not complete a stage or they fail to make a progress report to the planning commission within 180 days.  Any extension must be requested prior to the expiration of the original approval.  Should an application become void, the applicant must reapply at the first stage for that level of development.

15.2.2. Application procedure.

   (1) Each application for a subdivision shall have all required submittals before it is accepted as a  complete application.  No application for the next stage of the subdivision process shall be accepted until such time as the Town has approved the application for the previous stage of the development.

   (2) There shall be no presumption of approval of any aspect of the process.

   (3) No application shall be accepted for any approval stage if the time limit has expired on the previous approval stage.

   (4) The planning commission may request specific information found to be incomplete in its review and table further action until the information is submitted.

   (5) A denial shall include written findings of fact and decision.  Denial may be based, in addition to other reasons of good cause, upon incompatibility with the general plan, lack of a culinary water supply, insufficient fire suppression system, geological concerns, location, incompatibility with surrounding land uses, the inability of town service or utility providers to provide public services, or the adverse effect on the health, safety, and general welfare of the town and it's residents.

   (6) Appeals of the decision of a planning commission on any subdivision issue shall be made in writing to the town council within 30 days of the decision. 

15.2.3. Zoning administrator to determine a complete application.

   The zoning administrator shall determine if an application is complete and contains all required materials as required by this chapter.

15.2.4. Lack of preliminary subdivision application information - a determination of an incomplete application.

   (1) The lack of any information required by this chapter for a complete application, or improper information supplied by the applicant, shall be cause for the zoning administrator to find the application incomplete.

   (2) A determination of an incomplete application shall prohibit the scheduling of the application on a planning commission meeting agenda. If the application lacks any required information, the zoning administrator shall notify the applicant of the material or information lacking from the application. The zoning administrator shall allow 30 days from the date of notification for the applicant to provide the materials or information required. If the application remains incomplete after 30 days the zoning administrator shall return the entire incomplete application to the applicant, accompanied by all application fees paid.

15.2.5. Appeal of zoning administrator's determination of completeness.

   Any person aggrieved by a decision of the zoning administrator in a determination of a complete application may appeal the zoning administrator's decision in writing within 30 days of the zoning administrator's decision to the planning commission.

15.2.6. Concept plan requirements.

   The concept plan shall show:

   (1) the general location of the subdivision, the property boundaries and adjoining properties with ownership;

   (2) lot and road layout indicating general scaled dimensions;

   (3) county, township, range, principal meridian, quarter section, blocks, the number of lots and true north;

   (4) a vicinity map showing significant natural and man-made features off site with a scale of 1 inch = 2000 feet on the site;

   (5) the acreage of the entire tract and the acreage of the portion to be developed;

   (6) the area for which approval will be requested for the first phase of development except for minor,  commercial and industrial subdivisions;

   (7) an area plan showing the total area on a single sheet for subdivisions requiring more than one sheet at the required scale;

   (8) the sites, if any, for multi-family dwellings, shopping centers, community facilities, commercial, industrial, or other uses exclusive of single-family dwellings;

   (9) total development area, the number of proposed dwelling units and the amount of open space.

   (10) easements and rights-of-way;

   (11) property boundaries;

   (12) all ponds, wetlands and other hydrologic features;

   (13) topographic contours;

   (14) general vegetation characteristics;

   (15) general soil types;

   (15) the planned location of protected open space;

   (17) existing roads and structures;

   (18) potential connections with existing greenspace and trails.

   (19) parcels of land that will have a conservation easement or are to be dedicated for schools, roads, parks, or other public purposes; and

   (20) an approval signature block for the planning commission chair.

(1)