Chapter 16.08
ADMINISTRATION
Sections:
16.08.040 Prohibition of circumvention.
16.08.010 Responsibility.
A. The Pinetop-Lakeside Planning and Zoning Commission is charged with the duty of reviewing the design and improvements of proposed subdivisions and is hereby authorized to approve, conditionally approve or disapprove preliminary subdivision plats and to designate the kinds, nature and extent of the improvements to be installed in the subdivisions.
B. The Town Council for the Town of Pinetop-Lakeside is hereby authorized to receive, process and otherwise act upon applications for final subdivision plats and planned unit developments (PUD) in accordance with this Ordinance.
C. The Town Council shall have final jurisdiction over all matters pertaining to the implementation of this Ordinance.
D. All applications for action under this Ordinance shall be filed initially with the Director or his/her designee for processing in accordance with this Ordinance.
E. All applications shall be reviewed, from a technical aspect, by the Development Review Committee (DRC) which shall act in an advisory capacity to the Planning and Zoning Commission. The DRC shall, at a minimum, consist of the following Town Staff and agency members: Director, Town Engineer, Parks and Recreation Director, and representatives from the Fire Districts, U.S. Forest Service, Community Forester, Irrigation District(s), Water Companies, Sanitary District, School District, and utility companies. Additional members may be consulted on an as needed basis for their expertise. (Ord. 15-392 § 1 (part))
16.08.020 Application.
A. Where this Ordinance imposes a greater restriction upon land, land improvement, or development, and land use, than is imposed by existing provisions of law, ordinance, contract or deed, this Ordinance shall control.
B. This Ordinance shall apply to all subdivisions, land splits, and minor land divisions as defined in Chapter 16.04. (Ord. 15-392 § 1 (part))
16.08.030 Filing fees.
The Mayor and Town Council of the Town of Pinetop-Lakeside may from time to time establish and set by resolution administrative fees considered necessary to process subdivision applications, and to review improvement plans and construction documents. The developer shall, at the time of filing, pay to the Town those established fees. These fees shall be nonrefundable. (Ord. 15-392 § 1 (part))
16.08.040 Prohibition of circumvention.
No person, firm, corporation or legal entity shall sell, offer to sell, or divide any lot, piece, or parcel of land which constitutes a subdivision, as defined herein, or part thereof without first having recorded a plat thereof in accordance with this Ordinance. The Town shall not issue any permits for work on any parcel in violation of this Ordinance. (Ord. 15-392 § 1 (part))
16.08.050 Modifications.
A. Where, in the opinion of the Council, and after review by the Community Development Department or the Planning and Zoning Commission, there exist extraordinary conditions of topography, land ownership or adjacent development, or other circumstances not provided for in this Ordinance, the Council may modify these provisions in such a manner and to such extent as it may deem appropriate to the public interest.
B. In the case of a plan and program for a planned unit development (PUD), the Council may modify this Ordinance in such manner as appears necessary and desirable to provide adequate space and improvements for the circulation, recreation, light, air, and service needs of the development when fully developed and populated and may require stipulations to assure conformance with the achievement of the approved plan.
C. In modifying the standards or requirements of this title as outlined above, the Town Council may make such additional conditions, restrictions or requirements as appear necessary in the Council’s judgment to help ensure that the purposes and objectives of this title and Title 17 are met. These additional conditions, restrictions or requirements may include time restrictions for construction and development, density restrictions, agreements between the owner/developer and the Town, or other lawful conditions, restrictions or requirements imposed by the Town Council. (Ord. 15-392 § 1 (part): Ord. 07-297 § 1)