Town of Elizabeth Minor Development Process (EMC 16.3.70)

(Minor Development = Subdivision of four or fewer lots/one use on each lot/ adjoining a public street)

(dates are based on 2006 calendar year; based on code in effect 7/2006)

 

TASK/ACTION:

DATE:

TIME

PERMITTED or REQUIRED:

TASK

BEGIN DATE:

TASK END DATE:

CUMULATIVE DAYS FROM

SUBMITTAL:

1.   Applicant Meets with Planning

      Commission to verify Minor Development

6/6

(prior notice to

PC needed.)

 

 

(application not yet submitted; initial meeting with PC required.)

2.   Applicant Submits Minor Development

      Final Plat

6/20

(assumes submittal is made 2-weeks after meeting with Planning Commission.)

 

6/20

(submitted)

14 days into ‘process’, application submitted.

3.   Staff Reviews Packet for Completeness

6/21 to

7/11

20-working days

6/21

7/11

(note Holiday)

35

 

4.   Once Determined Complete, Applicant

      Submits indicated Number of Copies.

     

7/11

(notified)

7/17

(delivered to Town Hall.)

Assumes 3-working days to compile copies

7/11

(applicant notified of # copies needed)

 

7/17

(copies submitted)

41

5.   Applicant Sent to Referral Agencies

7/18

 

7/19

(day 1 of 25 days; application  sent by town staff)

7/19

42

                                                                                                                                                                                    (continued)

 

6.   Comments Back from Referral Agencies

8/14

25-days

7/19

(day 1 of 25)

8/14

(day 25 of 25)

69

7.   Public Works Department Accepts all

      Final Engineering Plans

8/14

Assumes applicant provides final

Engineering Plans prior to 8/14 (e.g. 9/23)

Up to applicant regarding submittal of final engineering plans.  Sooner is better preference.

by 7/18(?)

69

(final plans accepted/approved by Public Works & Town Engineer)

8.   Planning Commission Public Hearing

      Notice sent to Newspaper.

fax

by 8/11

Publication 15-days prior to hearing

Published in paper on 8/17

Published in paper on 8/17

72

9.   Planning Commission Public Hearing

      Notice to Property Owners within

      500’ and on-property (responsibility of

      applicant except Staff prepares documents.)

mail by

8/18

Notice 15-days prior to hearing.

Mail by 8/18

Mail by 8/18

73

10.   Planning Commission Public Hearing

 

9/5

 

9/5

9/5

91

11.  Planning Commission Deliberation &

       written Recommendation to Board of

       Trustees. 

9/19

Typically not realistic for PC to make a recommendation on night of hearing; body needs time to deliberate on public hearing comments, etc.

Recommendation to B.O.T. on 9/20

Recommendation to B.O.T. on 9/20

106

 

12.  Town Attorney prepares Minor

       Development Agreement; signed by

       Applicant prior to Board Hearing.

 9/20

(start; based on PC recomm.)

Assume 3-weeks to complete development agreement & have it signed.

9/20

(start)

10/11

(finish)

127

 

                                                                                                                                                                                    (continued)

                                                                                   

13.  Board of Trustees Public Hearing

       Notice to Newspaper

fax notice by 9/29

15-day advance notice required.

Publish

10/5

Publish

10/5

121

(notice published prior to Attorney completion of Development Agreement)

14. Board of Trustees Public Hearing

      Notice to Property Owners within

      500’ and on-property (responsibility of

      applicant except Staff prepares documents.)

Provide notice to applicant by 10/4

15-day advance notice required.

Notice Posted/Received by 10/6

Notice Posted/Received by 10/6

122

(notice posted received prior to Attorney completion of Development Agreement.)

15.  Board of Trustees Public Hearing

10/24

Not indicated, but scheduling of Board of Trustee hearing dependent on their agenda load.

10/24

10/24

140

16.  Board of Trustees Decision/Ordinance

11/14

B.O.T. Ordinance will rarely if ever come on first reading; matrix presumes passage at meeting after public hearing.

11/14

11/14

161-days

5.3 months

23-weeks

                                                                                                                                                                       

NOTES TO MINOR DEVELOPMENT PROCESS CHART:

1.         The 161-days indicated for the ‘sample’ Minor Development assumes that the process operates like ‘clockwork’.  Development projects rarely work like ‘clockwork’, and any number of variables can throw the time period off.  Causes for delay, often outside the control of the reviewing authority, are common.    Also note that additional time will be needed for  any projects demanding  special studies, etc.

2.         The Table provides a time-frame for subdivision of land as ‘Minor Development’ (smaller subdivision.)    It does not      account for additional review time that will be necessary if structures are associated with the Minor Subdivision (see Site Plan review process.)   The two processes (Minor Subdivision and Site Plan) can be processed concurrently,

            however, applicants should generally anticipate additional review time.  

3.         Mechanisms to abbreviate the Minor Development process, for example, pre-anticipation of a Board of Trustee public hearing date when the Planning Commission has not a public hearing, nor reviewed and prepared a recommendation on the Minor Subdivision, are not typically recommended.   Unless a Minor Development is ‘simple and straightforward’ in nature, the Planning Commission should be provided adequate time for a public hearing, and subsequent review and recommendation, before a Board of Trustee hearing date is fixed.