2-10.2 PROCESS

This Chapter adopts and incorporates the definitions of terms found in Chapter 2-2 Definitions of this title and distinguishes between several processes of subdivision and land division including all subdivisions, condominium plats, plat amendments, plat vacations, and lot line adjustments. This process involves: 1) COSTS. All costs incurred by the Town in reviewing, approving and monitoring the subdivision process, including legal costs and engineering costs for reviewing and testing compliance, shall be assessed against the subdivider, and approval may be conditioned upon deposit of sufficient sums to cover such costs. 2) INITIAL CONTACT. An applicant for a subdivision, condominium plat, plat amendment, lot line adjustment or plat vacation shall contact the Town Planning Commission to discuss the scope and purpose of the application and the requirements of this chapter. 3) PRELIMINARY REVIEW. The applicant shall provide the Planning Commission drawings in sufficient detail to allow review of the proposal for compliance with this section and to direct the applicant to the appropriate process. Preliminary drawings shall be submitted to the Town Recorder’s Office five (5) business days prior to the next regularly scheduled planning commission meeting. 4) ADMINISTRATIVE REVIEW. The Planning Commission shall review each complete proposal and may seek the advice and input of other Town staff, municipal departments, and /or utility providers, Town Attorney and other qualified representatives of the Town. The review shall include, but not be limited to the following: (a) Does the application meet the requirements of this code? (b) Are all the lots suitable for building? (c) Are hazardous areas or conditions present, and if so, have the conditions been abated? (d) Do all lots border public streets? (e) Is the subdivision consistent with the General Plan? (f) Will the development enhance the character and aesthetics of the community? (g) Are soil samples, percolation tests, geo-technical analysis etc., necessary on this property? 5) PLANNING COMMISSION RECOMMENDATION. The Planning Commission shall review in a public meeting the application to determine compliance with this zoning ordinance and recommend its approval, denial, or modification to the Town Council. TOWN COUNCIL PUBLIC MEETING. The Town Council shall hold a public meeting based on the Planning Commission recommendation on the application, and shall approve, deny or approve with conditions. The Town may impose an exaction or exactions on proposed land use development if: (1) an essential nexus exists between a legitimate governmental interest and each exaction; and (2) each exaction is roughly proportionate, both in nature and extent, to the impact of the proposed development. 6) DEFINITION OF PROPERTY LINES FOR UTILITY REQUIREMENTS. For the purposes of Chapter 2-10 only, the following definitions shall apply: a. Minor Subdivisions. For purposes of water connections, the property line is defined as that property line of a lot or parcel of land that fronts on a dedicated street where water is existing in the street. Water will be considered at the property line in a minor subdivision if it is within 120 feet, either perpendicular or parallel to a property line. Connection fees will be collected when a building permit is issued to the property owner. Electricity is required to be brought to the deeded property line of each lot or parcel by the applicant. More than one lot or parcel may be serviced from one pole based on recommendations and specifications from the utility provider. A drop line must be at each lot, but a single line can feed more than one lot. b. Subdivisions (10 or more lots). All Town required utilities, to include electricity and water, shall be required to be stubbed to each lot where meter placement would occur by the property owner. Connection fees will be collected at building permit issuance. 7) ENGINEERING STUDIES. The Town may require engineering studies including but not limited to: soil samples, percolation tests, geo-technical studies etc. 8) DEVELOPER’S COSTS. The developer will pay for all improvements in minor and major Subdivisions, except that the Town may negotiate with the developer, at the developer’s request, to pay some or all of the improvements, if the subdivision falls within the Town’s capital improvements plan or if the Town deems it is in the best interest of the general public to do so.