§9-1801 Common Review & Procedures, i. Application Submission in accordance with this Article. If the preliminary major subdivision plat is part of an approved master plan, the preliminary subdivision plat shall not require prior approval by the Planning Board or Town Board of Commissioners. Review and approval of a preliminary major subdivision plat as part of a master plan shall require administrative review only. (4) Planning Board Review . Upon completion of the review of the preliminary major subdivision plat, the Planning Director shall schedule the submission of the preliminary subdivision plat to the Planning Board for review and a recommendation to the Town Board of Commissioners for approval or denial. The Planning Board shall have 35 days to review a preliminary major subdivision plat; however, the Town Board of Commissioners may proceed with review of a preliminary major subdivision plat without a recommendation by the Planning Board under the following circumstances:
A. Review Time by Planning Board . The 35 days to review a preliminary major subdivision plat has passed.
B. Development Agreement . Time restrictions placed on approval of a preliminary major subdivision plat subject to a Development Agreement, to which the Planning Board cannot be accommodated. C. Schedule Conflicts . Where a regularly scheduled meeting of the Planning Board is not performed due to a cancellation or not having a quorum to conduct such meeting. (5) Town Board Review . The recommendation of the Town Staff and the Planning Board's recommendation, subject to (4) above, shall be submitted to the Town Board of Commissioners shall approve the preliminary major subdivision plat after determining that the plat complies with all design standards and plat requirements. Approval of a preliminary major subdivision plat is a ministerial decision as defined in the North Carolina General Statutes §160D-102 (1) with no legislative hearing conducted thereon. A. Denial of Preliminary Plat . If the Town Board of Commissioners denies the preliminary major subdivision plat, the reasons for noncompliance of the standards and regulations of the Land Development Ordinance shall be stated and recommendations made to correct such noncompliance and to provide reconsideration given for approval of the preliminary major subdivision plat.
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