(a) Major Subdivision Preliminary Plat Review Required. Whoever subdivides land, as defined in this Ordinance, whether by instrument of conveyance or otherwise, shall submit a preliminary plat to the Commission. After review the Commission may approve, conditionally approve or disapprove the preliminary plat.
(b) Submission of Major Subdivision Preliminary Plat for Review by Commission. In order to initiate formal review by the Commission, the applicant is required to submit the following materials to the Administrative Official:
(i) One completed and signed copy of an application for Commission Review;
(ii) 20 individually folded copies of the major subdivision preliminary plat;
(iii) Completed and signed checklist;
(iv) One 8-1/2 by 11 inch size, or 11 by 17 inch size, reduced copy of the major subdivision preliminary plat;
(v) Evidence that the plan has been submitted for review to affected and applicable county, state, and federal agencies; and
(vi) The required review fee.
These materials must be submitted to the Administrative Official in sufficient time to allow review by City staff and consultants prior to the Commission meeting at which the review will occur. The plans and required documentation must be submitted to the City on the 20th day of the month prior to the next regularly scheduled meeting for consideration for review by the Commission. The Administrative Official has the authority to determine what is “sufficient time”, based on the scope and complexity of the proposal.
(c) Distribution of Plans. Upon submission of all required application materials and following completion of all items required herein, the proposed major subdivision preliminary plat shall be placed on the next open Commission agenda. The major subdivision preliminary plat and application shall be distributed by the Administrative Official to appropriate City officials and the City Engineer and City Planner for review.
(d) Review and Action.
(i) Informal Review of Conceptual Plans by City Staff. Applicants are encouraged to meet with the City Staff, including but not limited to the Planning and Development Director, City Engineer, City Planner, and such other persons as determined by the Administrative Official, for informal review of conceptual major subdivision preliminary plats. The purpose of this informal review is to discuss applicable standards and technical issues, comment on the project’s compliance with the standards of this Ordinance, and determine the appropriate type of review process. The applicant or City Engineer or City Planner may also request input from other City staff or consultants. Conceptual plans should, at minimum, include the proposed streets, lots, blocks, existing conditions, general site layout and conceptual grading. Conceptual major subdivision preliminary plat review comments are non-binding, and should be considered by the applicant to be suggestions and recommendations only. A review fee may be required for conceptual major subdivision preliminary plat review, as determined by City.
(ii) Informal Review by the Commission. The Commission may request an informal workshop and formal regular or special meetings on a proposed project. The meeting at which a major subdivision preliminary plat proposal is considered shall be a workshop meeting of the Commission. The Commission shall review the reports of the appropriate City staff and consultants and discuss the findings and recommendations with the applicant. No formal action on a major subdivision preliminary plat will occur at the workshop meeting.
(iii) Request for Revisions. Upon review of the major subdivision preliminary plat proposal at a workshop, the Commission may require the applicant to revise the plans or supply additional information. The applicant shall submit any requested revised plans for review prior to formal action being taken. All review fees must be paid prior to any review. It shall be the applicant’s responsibility to consult with City staff and consultants during this revision process. Action on the major subdivision preliminary plat shall remain tabled until the next regular Commission meeting following review of a substantially complete plan at a Commission workshop.
(iv) Public Hearing. A major subdivision preliminary plat involving use(s) subject to conditional use approval, planned residential development, or planned unit developments, shall require a public hearing. After payment of appropriate fees, the Administrative Official may set the date of the public hearing for a regular or special meeting of the Commission. No hearing may held before the Commission has had an opportunity to review the plan at a workshop session.
(v) Final Action. The Commission shall review the major subdivision preliminary plat, together with any reports and recommendations from staff, consultants and other reviewing agencies and any public comments. The Commission shall then make a determination based on the requirements and standards of this Ordinance. The Commission is authorized to table, approve, approve subject to conditions or deny the major subdivision preliminary plat as follows:
(1) Table. Upon determination by the Commission that a major subdivision preliminary plat is not sufficiently complete for approval or denial, or upon a request by the applicant, the Commission may table the item until a later meeting.
(2) Denial. Upon determination that a major subdivision preliminary plat does not comply with the standards and regulations set forth in this Ordinance, or would require extensive revisions to comply with said standards and regulations, the major subdivision preliminary plat shall be denied. If a major subdivision preliminary plat is denied, a written record shall be provided to the applicant listing the reasons for such denial. Failure of the applicant, or the applicant’s designated representative, to attend two or more scheduled meetings shall be grounds for the Commission to deny approval of the major subdivision preliminary plat.
(3) Approval. Upon determination that a major subdivision preliminary plat is in compliance with the requirements of this Ordinance and other applicable ordinances and laws, the major subdivision preliminary plat shall be approved.
(4) Approval subject to conditions. The Commission may approve a major subdivision preliminary plat, subject to one or more conditions necessary to address minor modifications to the major subdivision preliminary plat, ensure that public services and facilities can accommodate the proposed use, protect significant natural features, ensure compatibility with adjacent land uses, or otherwise meet the intent and purpose of this Ordinance.
The Commission may require that the applicant re-submit the major subdivision preliminary plat for final approval by the Commission after conditions have been met. The Commission may waive its right to review the revised plan, and delegate authority to the Administrative Official or staff to review and approve a revised major subdivision preliminary plat on the Commission’s behalf after required conditions have been addressed. The Commission may require that the Administrative Official secure a favorable recommendation from the City Planner and/or City Engineer prior to final approval of the revised plan.
(e) Recording of Major Subdivision Preliminary Plat Action. Commission action on the major subdivision preliminary plat shall be recorded in the Commission meeting minutes, stating the name and location of the project, the proposed use, the most recent plan revision date, and the conditions or grounds for the Commission’s action.
(f) Procedure after Major Subdivision Preliminary Plat Approval.
(i) Approval Expiration. Major subdivision preliminary plat approval becomes null and void if a major subdivision final plat has not been submitted within 24 months following the final approval of the major subdivision preliminary plat by the Commission, or if construction has not been completed within 12 months after it commenced following the approval of major subdivision improvement plans by the City Engineer. In such a case, the applicant shall file a new application. Review by the Commission of the new application and major subdivision preliminary plat shall be required.
(ii) Approval Extensions. Upon written request of the applicant, prior to the expiration of a previously granted approval, the Commission may review the circumstances surrounding a failure to meet the required deadlines. The Commission may grant an extension of up to 12 months to an approval, if it finds that the approved major subdivision preliminary plat continues to adequately represent current conditions on and surrounding the site and that the major subdivision preliminary plat conforms to the standards of this Ordinance in effect at the time of the applicant’s request for an extension.
(iii) Outside Agency Permits or Approvals. The applicant shall be responsible for obtaining all necessary permits or approvals from applicable outside agencies.
(iv) Revocation. An approved major subdivision preliminary plat may be revoked by the Commission if construction on the site is not completed or is not progressing in a manner consistent with the approved plans. In such a case, the major subdivision preliminary plat shall be placed on the agenda of a Commission meeting for a public hearing. The Administrative Official shall cause written notice to be provided to the applicant at least 10 days prior to the meeting and shall publish notice of said hearing no later than five days prior to the date and time. The notice shall reduce all alleged inconsistencies and violations to writing. The Administrative Official, the applicant, and other interested persons shall be allowed to present information and testimony to the Commission at the hearing. If the Commission finds that an inconsistency or violation of the approved major subdivision preliminary plat exists at the time of the hearing, then, by a majority vote of attending members, the Commission may revoke the approval of the major subdivision preliminary plat and order the site returned to its original condition by a date certain. Failure to comply with such an order shall be deemed a violation of this Ordinance and shall be subject to the penalties stated herein.