Laserfiche WebLink
<br />JUDICIAL REACTION <br /> <br />tnrt:r~ 3 <br /> <br />46 <br /> <br />5-334 <br /> <br />333. Prior Plan Requirements <br /> <br />As discussed in Section 5-230(5), many statutes require <br /> <br />~it0 <br /> <br />that municipal councils or planning boards adopt a street plan, master plan, <br /> <br />or an "official map" before exercising subdivision control powers. Careful <br /> <br />compliance with statutory requirements is sometimes considered necessary <br />34 <br />prior to exercise of subdivision control powers. Some courts have <br /> <br />disapproved attempts to exercise subdivision control powers until adoption <br /> <br />35 36 <br />of a subdivision control ordinance or a final town plan. However, in <br /> <br />zoning cases, courts have usually not placed a strict interpretation upon prior <br /> <br />planning requirements and have occasionally recognized minimum zoning <br /> <br />ordinances as satisfying in themselves the comprehensive plan requirements <br /> <br />37 <br />of enabling acts. One court held that It municipality could exercise some <br /> <br />control of land subdivision under an enabling statute empowering control of <br /> <br />streets although the municipality had no planning board, master plan or <br /> <br />bd' " d' 38 <br />su IV1S10Q. or Inance. <br /> <br />334. Preliminary and Final Plat Approval. <br /> <br />. Subdivision ordinances commonly require that the <br /> <br />subdivider submit a preliminary plat or sketch plan to allow preliminary <br /> <br />examination of the proposed division. Some ordinances require that <br /> <br />detailed resource data be shown on the preliminary plan such as soil, <br /> <br />topographic contours, and areas subject to flooding. 39 A preliminary plat <br /> <br />procedure is essential where detailed flood hazard maps including <br /> <br /> <br />floodway'delineations are not available. The information supplied <br /> <br />by the subdivider at the preliminary plot stage permits the review <br /> <br />k{~':P <br />