(a)
Purpose.
To require that public improvements
be installed to serve a development in accordance with all subdivision
regulations.
(b)
Submitting plans.
Plans shall be submitted in
accordance with planning manager's requirements, as provided
in the related application form. Incomplete construction plans shall
not be accepted and those plans shall be returned to the applicant.
(c)
Responsible official and decision authority for construction
plans.
(1)
Review and approval action.
(A)
The town engineer shall be the responsible official
for review and approval of construction plans.
(B)
The town engineer shall generally follow the sequence
of events for review and approval of construction plans as shown in
figure 2 below, which is adopted herein as the town's preferred
sequence of events; however, the town engineer is empowered to make
alterations to the sequence on a case-by-case basis upon finding of
due cause, if such alteration will further the purpose of this chapter
and subdivision ordinance, and will provide an equitable outcome for
the applicant and the town.
(2)
Outside review.
If an outside consultant is contracted
to review construction plans, then the applicant shall reimburse the
town for the review fees.
(3)
Decision-maker options.
The town engineer shall
approve or deny the construction plans.
(d)
Criteria for approval.
The town engineer shall
approve construction plans if:
(1)
The construction plans are consistent with the approved final
plat; and
(2)
The construction plans conform to the subject property's
zoning and any planned development (PD) standards (including zoning
development standards), and to the standards for adequate public facilities,
contained in these subdivision regulations and all other applicable
town codes.
(f)
Expiration date for construction plans.
The approval of construction plans shall remain in effect one (1) year from the approval date as determined in writing by the town engineer, or for the duration of construction of the project, provided that progress or development of the project continues to be demonstrated, unless the construction plans are extended in accordance with section 10.02.121(g) extension of construction plans beyond expiration date.
(g)
Extension of construction plans beyond expiration date.
(2)
Decision by the town engineer.
(A)
The town engineer will review the extension request
and shall approve or deny the extension request within thirty (30)
calendar days following the date of the extension request.
(B)
Should the town engineer fail to act on an extension
request within thirty (30) calendar days, the extension is approved.
(3)
Consideration.
The town engineer may extend construction
plans approval six (6) additional months beyond the expiration date
if:
(A)
A final plat has been submitted, approved, or filed
of record for any portion of the property shown on the construction
plans;
(B)
The construction plans comply with new ordinances
(i.e., ordinances that have been adopted after approval of the original
construction plans) that impact the health, safety, and general welfare
of the town; or
(C)
Demonstrable forward progress has been made to
proceed with construction or required improvements.
(4)
Conditions.
Any extension may be predicated upon
compliance with new development regulations and/or the applicant waiving
any vested rights.
(5)
Total extension.
A second six (6) month extension
may be requested using the same process outlined above.
(Ordinance 2024-03 adopted 2/6/2024)
