[Amended 1-4-2022]
Any applicant requesting approval of a proposed Minor Subdivision,
as defined in these Regulations, shall submit to the Administrative
Officer the items and plans set forth in Appendix B, Instructions
and Checklist For Minor Subdivisions.
Editor's Note: Appendix B - Instructions and Checklist For Minor
Subdivisions may be found as an attachment to Code Appendix C.
Any proposed Minor Subdivision shall meet the design and construction
requirements as set forth in Appendix D, Subdivision Design Standards.
The application shall be certified as complete or incomplete
by the Administrative Officer within a twenty-five (25) day period
from the date of its submission according to the provisions of §
7.2 of these Regulations. In the event such certification of the application
is not made within the time specified, the application shall be deemed
complete for purposes of commencing the review period.
Review shall consist of two (2) stages, preliminary and final,
provided, that if a street creation or extension is involved, a public
hearing is required. The Planning Board may combine the approval stages,
providing requirements for both stages have been met by the applicant
to the satisfaction of the Planning Board.
a. Preliminary Plan. If no street creation or extension is required,
including a Family Compound Minor Subdivision, the Planning Board
shall approve, deny, or approve with conditions, the preliminary plan
within sixty-five (65) days of certification of completeness, or within
such further time as is agreed to by the applicant and the Board.
b. Public Hearing. If a street extension or creation is required, the
Planning Board shall hold a public hearing prior to approval, according
to the requirements in § 8.5 of these Regulations, and shall
approve, deny, or approve with conditions, the preliminary plan within
ninety-five (95) days of certification of completeness, or within
such further time as is agreed to by the applicant and the Board.
c. Vesting. The approved preliminary plan shall be vested for a period
of one (1) year and vesting may be extended for a longer period, for
good cause shown, if requested in writing by the applicant, and approved
by the Planning Board. The vesting for the preliminary plan approval
shall include all general and specific conditions as shown on the
approved preliminary plan drawings and supporting material.
d. Final Plan. The Final Plan shall meet all of the requirements as
set forth in Appendix B, Instructions and Checklist for Minor Subdivisions.
The Planning Board may delegate final plan review and approval to
the Administrative Officer, who shall then report his or her actions
to the Planning Board at its next regular meeting, to be made part
of the record.
If the Planning Board is unable to make the positive findings
required by § 8.6 of these Regulations or if the Planning Board
determines that a waiver or modification of these Regulations is necessary,
it may, in lieu of denial, reassign a proposed Minor Subdivision to
Major Subdivision Review.
Failure of the Planning Board to act within the period prescribed
shall constitute approval of the preliminary plan and a certificate
of the Administrative Officer as to the failure of the Planning Board
to act within the required time and the resulting approval shall be
issued on request of the applicant.
Approval of a Minor Subdivision Plan shall expire ninety (90)
days from the date of final approval unless within such period a plat
or plan, in conformity with such approval, is submitted for signature
and recording as specified in § 8.8 of these Regulations. Validity
may be extended for a longer period, for cause shown, if requested
by the applicant in writing, and approved by the Planning Board.