1105.04  APPROVAL OF PRELIMINARY PLAT.
   (a)    Following application for approval of the preliminary plat, the Planning Commission shall act on the preliminary plat within sixty days after its official filing date unless the preliminary plat is incorrectly filed or unless such time is extended by agreement with the subdivider. The official filing date shall be considered to be the day upon which the preliminary plat is received by the Planning Commission at a formal Commission meeting.
   (b)    If the preliminary plat and application are correctly filed, the Planning Commission shall take the following action or actions within sixty days of the official filing date:
      (1)    Approve the plat. Approval of a preliminary plat, either immediately or following subsequent revisions or review, shall be effective for a maximum period of twelve months and shall guarantee the subdivider impunity during this time period against changes which may be made in the Subdivision Regulations. This twelve month approval period shall bind the applicant to the need for the submission for final approval of a final plat covering the whole or part or parts of the preliminary plat. In the event the subdivider fails to submit within the twelve-month approval period a final plat, encompassing all or part of the area included in the preliminary plat, then the approval given to the preliminary plat or the remaining portion of the preliminary plat shall lapse and be considered null and void.
      (2)    Suggest modifications. Conduct a first review of the application and preliminary plat, and then return them to the subdivider with suggestions for changes, giving reasons and specifying aspects of nonconformance with existing ordinances. Following the first review of the preliminary plat, the Planning Commission will set a date for a second review, notify the applicant in writing, and notify other agencies or persons whom it considers to have an interest in the proposed subdivision. Following this second review by the Commission, the City Manager shall return to the subdivider a copy of the preliminary plat along with a letter of approval or disapproval. If the preliminary plat is approved by the Commission, the applicant shall be authorized to proceed with the preparation of the final plat. If, however, the preliminary plat is disapproved by the Commission, the applicant shall be advised as to the necessary changes in the preliminary plat which will be required, giving reasons and specifying aspects of nonconformance with existing ordinances, before preliminary approval can be conferred.
      (3)    Disapprove the plat. The Planning Commission shall advise the applicant in writing of the reasons why the proposed preliminary plat has not been approved.
         (Ord. 1974-99. Passed 10-22-74.)