10-12-8 CLASSIFICATION OF SUBDIVISION

A. Subdivision, Major: All subdivisions with proposed divisions of four (4) or more parcels, or any size subdivision requiring new street(s) or extension of local governmental facilities, infrastructure, or the creation of any new public improvements. B. Subdivision, Minor: Any subdivision: 1. containing not more than three (3) parcels fronting on an existing public or private street of adequate capacity; 2. not involving any new street or road, or the extension of Town infrastructure or facilities, or the creation of any public improvements; 3. not adversely affecting the remainder of the parcel or any adjoining property(s); 4. not in conflict with any provision or portion of the Town General Plan, Land Use Map, Official Zoning Map, or these codes and regulations; not requiring a zone change or re-zone to be subdivided. 10-12-9 A. B. C. D. SUBDIVISION WITHIN SUBDIVISION (LOT SPLITS) Unless authorized by the governing body, no interested party shall be allowed to create a subdivision within a duly recorded subdivision except as follows: 1. Individual lots may be “split” if they: a. Result in no more than two lots which because of their size cannot legally be further subdivided; b. Require no street dedication; c. Conform to the general character of the surrounding area and the general pattern of existing lot lines; d. Do not adversely affect the remainder of the parcel or adjoining property and conform to the applicable provisions of the Zoning Ordinance regarding setbacks, lot size, and frontage. e. Involve property that is not part of an existing platted subdivision. f. The lots in question have not been split within the previous 5 years. All changes in duly, legally recorded subdivisions are required to be submitted by the appropriate owner, developer, engineer, etc, identifying any amendments and requires approval by the governing body. The developer, individual, engineer or other interested party shall bear all costs of upgrade and install of service pursuant to Subdivision Ordinance. Following approval by the governing body, the plat is required to be re‑recorded to reflect new subdivision. 10-12-10: VESTING OF RIGHTS A. Scope Of Vesting: Upon payment of the required application fees and submission of a completed application, (which includes all information requested by the town staff and planning commission in order to complete a reasonable review of the project), an applicant shall be entitled to have the application reviewed and acted upon pursuant to the terms of this title. Vesting is usually indicated by approval of the preliminary plat by the Town Board and is subject to the exceptions set forth below. B. Complete Application Required: For the purposes of this title, a complete application includes all documentation required by this title, other adopted laws, standards, and ordinances of the town, and relevant state and federal laws. Following review of the concept plat, staff will inform the applicant of any additional information required for a complete review. The Planning Commission will review the preliminary plat and recommend approval, approval with conditions or denial of the preliminary plat. After the Planning Commission review, the Town Board will make an approval decision. C. Appeals: Appeals regarding processing of subdivision applications and approval decisions shall occur in accordance with state law. D. Nonsubdivision Related Matters: Nonsubdivision related matters, including, but not limited to, site development standards, procedural requirements and building code requirements will not vest until complete building permit applications have been filed and required fees have been paid. Water and sewer connection availability, costs of water and sewer connection and water development fees, applicable impact fees and other charges will vest only upon payment of the building permit application fees and submission of all materials necessary for the issuance of a building permit. E. Exceptions: Applicants shall not be entitled to project review and approval of applications pursuant to the terms of this title when revisions to this title are pending that would prohibit or further condition the approval sought, or when there exists a compelling reason for applying a new standard or requirement retroactively to the time of application, in accordance with state law.