Any person desiring to
subdivide land shall, unless exempted under the provisions of section
20.5-27, prepare and submit thirteen (13) copies (12 folded, 1 rolled)
of a preliminary plan to the agent together with a completed
application and the appropriate fee.
(a)
Initial review by agent. Upon the submission of a preliminary plan
together with a completed application, Natural Resources Inventory and
the appropriate fee, the agent shall, within five (5) working days,
review the plan to ensure compliance with all submission requirements
established by article III of this chapter. Where the agent determines
that all applicable submission requirements have not been met, the plans
and application shall be returned to the subdivider with a written
notice stating the specific deficiencies, referencing specific
ordinances, regulations or policies, and generally identifying such
modifications or corrections as will permit compliance with all
submission requirements.
(b) Review process. Upon determining that all submittal
requirements have been met, the agent shall coordinate a review process to determine
conformity of the proposal with all applicable requirements of this chapter and other
applicable ordinances, requirements, and regulations.
(1) The agent may transmit copies of the preliminary plan to
those county departments and state and/or federal agencies deemed appropriate for their
review and comment and shall establish a date for which written comments shall be returned
to the agent.
(2) After receiving the comments of all reviewing departments
or agencies, or within sixty (60) days of submission of the preliminary plan by a
subdivider, whichever shall occur first, the agent shall consolidate all of the comments
and provide a written response to the subdivider. In
the event of a resubmission of a preliminary plan which has been
previously disapproved, the response shall be provided within
forty-five (45) days.
Where review by one (1) or more state agencies, including, but
not limited to, the health department and/or department of transportation, is necessary,
the comments or approvals of such state agency or agencies shall be provided within
thirty-five (35) days of their receipt by the agent.
(3) The agent's written response to the subdivider shall
include notification of approval or disapproval or approval with conditions. Such notice
shall state any actions, changes, conditions, or additional information that is required
to secure final approval of the preliminary plan and, if disapproved, the reasons for such
action with specific reference to an adopted ordinance, regulation or policy and
identifying such modifications or corrections as will permit approval of the plan.
(4) Where the agent has required that revisions or other
actions, changes, conditions, or additional information be incorporated into the
preliminary plan prior to approval, the subdivider shall resubmit, without additional fee,
thirteen (13) copies
(12 folded, one rolled) of the revised plan together with the original or a copy of any marked
plans returned to the subdivider by the agent. In addition, a narrative description shall
be submitted regarding how each of the actions, changes, conditions, or additional
information required has been addressed on the revised plan. The revised plan shall then
be reviewed in the same manner and within the same time elements as was the original.
(c) Effect of approval.
(1) Approval of the preliminary plan shall not constitute a
guarantee of approval of either the development plan or the final plat.
(2) Approval of the preliminary plan shall constitute
authorization for the subdivider to proceed with the preparation of development plans in
accordance with the provisions of this chapter and the layout and design depicted on the
approved preliminary plan.
(d) Term of validity.
The subdivider shall have one (1) year from the date of
official notification of approval of the preliminary plan within which to file a
development plan meeting all of the submittal requirements established in article IV of
this chapter for the subdivision or section thereof. Failure to do so shall make the
preliminary plan approval null and void. The agent may, on written request of the
subdivider received no fewer than ten (10) working days prior to expiration of validity
and for good cause shown, grant one (1) six-month extension of preliminary plan approval.