<<Back to Table of Contents

<<Search Zoning Ordinances>>

ARTICLE_10: MAJOR PARTITIONS MINOR PARTITIONS

SECTION 1004.05 CRITERIA FOR APPROVAL OF PRELIMINARY SUBDIVISION PLAN

A. A decision on the preliminary subdivision plan application shall be made first by the Planning Commission. The Planning Commission will make a recommendation to the County Court, the County Court will review the preliminary subdivision plan for final preliminary approval.

B. The preliminary subdivision plan shall be approved if the Approving Authority finds the following:

1) The information required by this chapter has been provided;

2) The design and development standards of Section 1004 of this Article have been met; and

3) If the preliminary plan provides for development in more than one phase, the Planning Commission and County Court makes findings and conclusions that such phasing is necessary due to the nature of the development, and that the applicant will be able to comply with the proposed time limitations.

C. In granting preliminary approval, the County Court may impose conditions of approval deemed necessary to carry out the Comprehensive Plan and the provisions of this ordinance. Such conditions may include the construction of off-site public improvements, or money equivalent, deemed necessary, either immediately or in the future, as a result of the proposed development and shall be reasonably conceived to fulfill public needs emanating from the proposed development in the following respects.

1) Protection of the public from the potentially deleterious effects of the proposed development; or

2) Fulfillment of the need for public service demands created by the proposed development.