§ 16.15.040. Approval or disapproval of tentative plat.

A.

Approval. If the tentative plat is approved by the planning and development committee, the committee shall submit their findings to city council. The city council shall accept or reject said tentative plat within thirty days after its next regularly stated meeting following the action of the planning and development committee. Tentative plat approval shall not qualify a plat for recording.

B.

Disapproval. If the tentative plat is disapproved by the planning and development committee, then within ninety days, the planning and development committee shall furnish the applicant or developer, a written statement setting forth the reason for disapproval and specifying with particularity the aspects in which the proposed plat fails to conform to the ordinances, including official maps.

C.

Rejection of Planning and Development Recommendation. If the corporate authorities choose to reject a recommendation by the planning and development committee for approval or denial of a tentative plat of a subdivision, the corporate authorities must do so with a three-fourths vote of the members present.

D.

Deviation/Variances. If the technical advisory staff makes a preliminary determination that a variance or deviation from any requirements of the Byron Municipal Code are appropriate, the recommendations or the variances or deviations must be submitted to the appropriate committee or board. Any variances from the Byron zoning ordinances must be approved by the zoning board of appeals and, if approved by the zoning board of appeals, by city council as provided under the Byron zoning ordinances. Any other deviation must be initially approved by the planning and development committee, with subsequent approval by city council. Once the city council has made its determination on any requested variance or deviation, the city council's determination shall be reported back to the planning and development committee for further consideration.

E.

If the planning and development committee disapproves the tentative plat, the applicant or developer may resubmit a revised tentative plat to the technical advisory staff within six months. Failure to do so shall require resubmission of the concept plan to the plan commission and another public hearing and submittal of the appropriate fee.

F.

Effective Period of Tentative Approval. Approval of the tentative plat of a development shall be effective for a maximum period of one year. If a final plat for the development, or any phase thereof, is not submitted within the one-year time period, the applicant or developer must resubmit the tentative plat to the technical advisory staff.

(Ord. 06-04 § 12, 2006: Ord. 02-13 § 1(part), 2002).

(Ord. No. 2013-20, § 5, 2-5-2014)