In planning and developing a subdivision, the
applicant or his agent shall comply with the general principles of
design and minimum requirements for the layout of subdivisions set
forth in Appendix I[1] and with the rules and regulations concerning required improvements set forth in Article V of these regulations, and in every case he shall observe the procedure hereinafter set forth.
[1]
Editor's Note: Appendix I is on file in the
town offices.
Before undertaking the preparation of a subdivision
plat, the applicant or his engineer should consult with the Planning
Commission or its agent to ascertain the location of proposed major
roads or highways, parkways, parks, playgrounds, land use and other
planned developments, as well as the zoning, sanitation and other
regulations and the requirements for drainage and utilities relating
to, affecting or applying to the subdivision of his property. He should
bring with him a sketch of his property, to approximate scale, showing
the boundaries, general topography, important physical features and
other significant information, as well as his conception or proposed
scheme for the development of the property. The Planning Commission
or its agent will try to assist the applicant by furnishing information
and advice so as to expedite matters for the applicant, save him from
unnecessary expense and promote the best coordination between the
plans of the applicant and those of the community. The Planning Commission,
however, will not undertake to design the subdivision or to perform
other services for which a qualified land planner should more properly
be engaged.
A.
The applicant shall then prepare a preliminary plat of the proposed subdivision conforming to the requirements set forth in Article IV following. At least two weeks prior to a regularly scheduled meeting of the Planning Commission at which action on such plat is desired, eight black-line or similar prints of the plat shall be filed with the Secretary or agent of the Planning Commission, together with an application in writing for its tentative approval and the required fee. In case the proposed subdivision or any part thereof is located outside the corporate limits but within one mile thereof, additional copies of the preliminary plat sufficient to meet the requirements, if any, of Worcester County shall be filed at the same time. The Secretary or agent of the Planning Commission shall transmit these copies to the county authorities for their information and appropriate action.
B.
The preliminary plat will be checked by the Planning
Commission or its agent as to its conformity with the Master Plan,
other applicable provisions and the principles, standards and requirements
hereinafter set forth. Copies will be referred for their recommendations
or other appropriate actions to all other officials concerned with
public improvements or health requirements. At the Planning Commission
meeting, the Planning Commission's agent shall submit his findings
and recommendations, together with those of the other officials to
whom copies were referred, and the Planning Commission will tentatively
approve or disapprove the preliminary plat or may approve it subject
to specific changes or modifications. A copy shall be retained in
the Planning Commission's files. Tentative approval of a preliminary
plat shall be valid for not more than one year, unless extended by
the Planning Commission upon request. No plat shall be approved that
is in conflict with the zoning regulations or with any part of an
officially adopted feature of the Master Plan.
A.
Upon tentative approval of the preliminary plat, the applicant may prepare and submit to the Planning Commission plans for the installation of site improvements in accordance with the requirements of Article V of these regulations. Such plans shall be sufficient to show the proposed location, size, type, grade, elevation and other significant characteristics of each improvement. All such site improvements shall be designed in compliance with and to the standards, plans and specifications set forth in these and other applicable regulations. Copies of such site improvement plans will be referred by the Planning Commission to the appropriate officials for checking and approval, subject to changes or conditions as in their judgment may be required. Said plans shall then be returned to the Planning Commission which shall notify the applicant of such approval. Plans for the installation of site improvements need not be prepared at any one time to cover more than the portion of the subdivision which is to be included in a final plat except as to those site improvements which, by their nature or design, are intended to serve the entire subdivision rather than only a portion thereof.
B.
Upon being notified that the site improvement plans have been approved, the applicant may proceed with the installation of such site improvements after obtaining from the appropriate officials the necessary permits to do so; or in lieu of this, he may enter into a written guaranty that such site improvements shall be constructed as specified in § 166-16 hereof.
A.
If the applicant proceeds with the installation of
required site improvements, then, upon receipt of a report from each
of the appropriate officials that such improvements have been completed
to his satisfaction, the Planning Commission will recommend to the
Mayor and Council that they accept the roads and other improvements,
and the Planning Commission will consider an application for approval
of the final plat, or if the applicant follows the alternative procedure
of entering into written guarantees as provided above and installing
the improvements later, then the Planning Commission will receive
and consider the final plat before completion of the site improvements.
B.
A final plat may include all of the property covered by the preliminary plat or may be limited to any portion thereof that is intended to be developed as a first section. Additional final plats may be submitted later, covering additional sections of the property, provided that the preliminary plat is still valid or its approval has been extended. Every final plat shall be substantially in accordance with the tentatively approved preliminary plat including such changes or additions as may have been required by the Planning Commission as a condition to its tentative approval, and it shall conform in every respect to the requirements specified in Article VI of these regulations.
C.
The applicant shall file with the Planning Commission,
at least two weeks prior to its meeting, three linen or Mylar copies
and 10 paper copies of the final plat, together with an application
in writing for approval thereof. The plat shall be checked by the
Planning Commission for compliance with these regulations and with
the conditions of tentative approval.
A.
Upon a finding by the Planning Commission as to the
adequacy and compliance of the final plat and its receipt of reports
from the responsible officials as to the satisfactory installation
of required improvements or the posting of bond thereof and the payment
of such impact and other fees as the Mayor and Council shall from
time to time establish by resolution, the Planning Commission may
approve said final plat and shall endorse the fact of such approval
on each of the several prints by the signature of its Chairman. No
final plat shall be approved, however, unless it is found by the Planning
Commission to conform substantially to the preliminary plat as tentatively
approved and to be in conformity otherwise with the requirements of
these and all other applicable regulations. Once the plats have been
approved and signed, the three linen or Mylar copies shall be returned
to the applicant to be filed among the land records for Worcester
County. Once the plats have been recorded, the applicant shall promptly
notify the Planning Commission or its agent that the plats have been
recorded with the recording information and shall give evidence of
said recording if requested.
B.
If the Planning Commission finds that all regulations
have been complied with, it shall approve or disapprove the final
plat within 30 days of its receipt; otherwise such plat shall be deemed
to have been approved and a certificate to that effect shall be issued
by the Planning Commission on demand; provided, however, that the
applicant for the Planning Commission's approval may waive this requirement
and consent to an extension of such period.
C.
Approval of the final plat by the Planning Commission
shall not be deemed to constitute or effect an acceptance by the public
of the dedication of any street or other proposed public way or space
shown on said plat, but the showing of such ways or spaces shall be
deemed to be an offer of dedication which may be accepted by the public
through any subsequent appropriate act. Any such offer of dedication
may not be withdrawn without the consent of the Mayor and Council.
