The subdivider shall, unless otherwise provided by section
20.5-27 of this chapter, after receiving approval of the preliminary plan and within the
time specified in section 20.5-28(d), submit thirteen (13)
copies (12 folded, 1 rolled) of a development plan for the
subdivision or section thereof prepared in accordance with article IV of this chapter to
the agent together with the appropriate application and fee.
(a) Initial review by agent. Upon the submission of a
development plan together with a completed application 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 IV 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 proposed design elements and physical improvements with all applicable
requirements of this chapter and all other applicable ordinances, requirements, and
regulations.
(1) The agent shall transmit copies of the development 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 development 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 development plan which has been
previously disapproved, the response shall be provided within
forty-five (45) days.
Where review by one 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 which shall be
required to secure final approval of the development plan and, if disapproved, the reasons
for such action with specific reference to an adopted ordinance, regulation or policy, and
an identification of 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
development plan prior to approval, the subdivider shall resubmit, without additional fee,
thirteen (13) copies
(12 folded, 1 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 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 development plan shall constitute
authorization for the subdivider to proceed with the preparation of final plats for those
sections of the subdivision contained in the approved development plan in accordance with
the provisions of article V of this chapter.
(2) Approval of the development plan shall, upon issuance of
all necessary permits including, but not limited to, land disturbing permits and utility
certificates to construct, constitute authority to commence development and construction
activities which are in accordance with the approved development plan but only within such
section or sections which have received approval. Nothing in this provision however, shall
be interpreted to authorize the construction of any structure on any proposed lot other
than such structures which are appurtenant to utility installations.
(d) Term of validity. The subdivider shall have one (1)
year from the date of official notification of approval of the development plan within
which to file a final plat for those sections contained in said plan meeting all of the
submittal requirements established in article V of this chapter. Failure to do so shall
make the development 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) one-year extension of development plan approval.