§ 66-5. Administration.


Latest version.
  • (a)

    Building inspector. The town building inspector shall be the administrator of this chapter.

    (b)

    Exception. The standard requirements of this chapter may be modified in the case of a plan or program for a complete group development, which in the judgment of the planning board provides adequate public spaces and improvements for the circulation, recreation, light, air and service needs of the tract when fully developed and populated, and which also provides such covenants and other legal provisions as will ensure conformity to and achievement of the land development plan of the town.

    (c)

    Amendments. Unless initiated by the planning board, the board of commissioners shall cause all proposed amendments to these subdivision regulations to be submitted to the planning board for review and recommendation. The planning board shall have 45 days within which to submit its report. If the planning board fails to submit a report within the above period, it shall be deemed to have approved the proposed amendment. A public hearing shall be held by the board of commissioners before the adoption of any proposed amendment to these subdivision regulations. A notice of such hearing shall be given once a week for two successive calendar weeks in a newspaper of general circulation in the town. This notice shall be published the first time no less than ten days nor more than 25 days prior to the date established for such public hearing.

    (d)

    Conflict. When the requirements of this chapter conflict with the requirements of other lawfully adopted rules, regulations, or ordinances of the town or deed restrictions imposed by the developer, the more stringent or higher requirements shall govern, but if the deed restrictions (if more restrictive) are not enforced, then the provision of this chapter shall be.

    (e)

    Fees. The board of commissioners shall establish the fees to be paid by the subdivider for review of preliminary and/or final plats.

    (f)

    Community appearance commission. The planning board may, at its discretion, refer to the community appearance commission for its comment on any documents submitted by the subdivider for the former's approval.

    (g)

    Compliance with official plans. Whenever a tract to be subdivided embraces any part of a road or thoroughfare designated in the official maps and plans for the town, such part of that proposed public way shall be platted and dedicated by the subdivider in the location and dimensions specified. Subdivision and sale of land creates additional responsibilities for the town as well as for the county; primarily in the provisions of town and county services to new residents. To ensure orderly growth and development of the town and county in accordance with the general principles set forth in the town's and county's policies and ordinances, it is recommended that the subdivider dedicate or reserve open space for parks, schools, fire stations, and playgrounds to serve the people that will be living in a newly developing area. If the subdivider chooses to dedicate the land to the town or to the county, the respective board of commissioners, upon acceptance, must agree to accept the responsibility of maintaining the site and the final plat shall show the dedication.

    (h)

    Compliance with floodplain regulations. Any proposed subdivision located within the town must meet all requirements of the floodplain management regulations, which regulations impose certain building restrictions on areas located within designated portions of the town.

(Code 2001, § 20-5(a)—(h); Ord. of 5-6-1980, §§ 5.1—5.3, 5.5—5.8; Ord. No. 1989-4, 7-12-1988; Ord. No. 1992-1, 12-8-1992; Ord. No. 2014-02, 2-13-2014)