§ 50-532. Submission and approval of preliminary plat.

(a)

To receive consideration, a preliminary plat application, together with other required data, shall be presented to the county development department no later than the first day of the month preceding a regular monthly meeting of the planning commission. The application shall include the application fee, and a sufficient number of copies of the following documents to supply copies of the documents to all board and planning commission members and to any county staff or county consultants that may perform a review of the application: preliminary plat, completed application form, checklist, and all other required supportive data and information. The number of copies required for an application may be adjusted by the development department director from time to time. Upon a finding by the development department director that an application is complete, the applicable county staff shall review the application. Once county staff review is complete, the application shall be scheduled for a public hearing before the planning commission at the regular monthly meeting for the month following the application deadline described in the first sentence, or, if scheduling for such regular monthly meeting is not possible due to advertising deadlines or for any other reason, the application shall be scheduled for the next planning commission meeting at which it may reasonably be heard. After planning commission review and recommendation on the application, the application shall be scheduled for a board of county commissioners meeting at which it may reasonably be heard.

(b)

The applicant, or his duly authorized representative, shall attend the planning commission meeting at which the preliminary plat is to receive consideration. The planning commission may, in its discretion, either proceed with the public hearing and consideration of an application or table the application in the event the applicant or his duly authorized representative does not appear at the planning commission meeting.

(c)

The planning commission shall study the practicability of the preliminary plat taking into consideration the requirements of the county and the best use of the land being subdivided. Particular attention shall be given arrangement, location, and width of streets, their relation to the topography of the land, water supply, sewage disposal, drainage, lot sizes and arrangement, the future development of adjoining lands as yet unsubdivided, and the requirements of the comprehensive plan, zoning ordinance, and all other applicable county ordinances and regulations. All floodprone areas shall be shown.

(d)

After a public hearing on a preliminary plat application, the planning commission shall make a recommendation to the board of county commissioners for approval, approval with conditions, or denial of the application, or shall table the application due to a request for additional information or revisions to the application or other reasonable cause. After a recommendation for approval, approval with conditions, or denial of a preliminary plat application, the application will be scheduled for a public hearing before the board of county commissioners. The board of county commissioners may approve, approve with conditions, or deny the application, or table or take other action on the application based upon reasonable cause.

(e)

Conditional approval of a preliminary plat shall not be issued when conditions, revisions or modifications are of a substantive nature which shall require the applicant to reappear before the planning commission and board of county commissioners to acquire approval. Only after board of county commissioner's approval of the preliminary plat shall a construction permit be issued.

(f)

Board of county commissioner's approval of a preliminary plat shall expire after a period of 18 months, unless extension is requested and granted by the board of county commissioners, or unless a construction permit, if required, is granted within the 18-month period and construction is performed continuously until completion with any break in construction lasting for no more than six months.

(g)

Conditional approval shall constitute approval subject to requirements as specified by the board of county commissioners.

(h)

After a preliminary plat application has been distributed to the appropriate departments for review and comment and the applicant wishes to revise the preliminary plat, a fee of 50 percent of the original filing fee will be paid and the revised preliminary plat review will be commenced after such payment. After planning commission or board of county commissioner action on a preliminary plat application, if an applicant proposes any substantive change to the preliminary plat application, the applicant shall pay 100 percent of a preliminary plat application fee and shall submit a new application for review as a new application.

(1991 LDR ch. 71, § 5.02; Ord. No. 2007-03, § 12, 7-17-2007; Ord. No. 2008-02, § 2, 3-4-2008)