A. Preapplication:
1. Submittal To Planning Commission: Previous to the filing of an application for conditional approval of the preliminary plat (preliminary subdivision plan, general subdivision plan), the subdivider shall submit to the planning commission plans and data as specified in preapplication plans and data, subsection 12-1-5A of this chapter. This step does not require formal application, fee or filing of the plat with the planning commission.
2. Review By Planning Commission: Within thirty (30) days of submission, the planning commission shall inform the subdivider that the plans and data as submitted or as modified do or do not meet the general objectives of these regulations. When the planning commission finds the plans and data do not meet the general objectives of these regulations, it shall express its reasons therefor. Approval under this section does not constitute approval of any type of preliminary or final plat.
B. Conditional Approval Of Preliminary Plat:
1. Preparation Of Preliminary Plat: On reaching conclusions, informally as recommended in subsection A of this section, regarding the general program and objectives, the subdivider shall cause to be prepared a preliminary plat, together with improvement plans and other supplementary material as specified in preliminary plats subdivision, subsections 12-1-6A, B, C and D of this chapter.
2. Submittal Of Preliminary Plat To Planning Commission:
a. Number Of Copies: Five (5) copies of the preliminary plat and supplementary material specified shall be submitted to the planning commission with written application for conditional approval at least twenty five (25) days prior to the meeting at which it is to be considered.
b. Notice Of Hearing: The planning commission shall give notice of public hearing on the preliminary plan by at least ten (10) days published notice in the official newspaper.
c. Review By Other Agencies: The planning commission shall submit copies of the preliminary plat and supplementary material specified to the public utilities, flood control commission, police and fire departments for a report upon the features of the plat of concern to each department. (Ord. 217, 3-2-1992)
d. Review By City Engineer: The planning commission shall submit a copy to the city engineer for his report upon the accuracy of the surveys, the adequacy of the monuments, the proposed street improvements and other special features of concern and to check the plat boundary survey with the county surveyor to determine the coinciding of the plat boundary lines with the boundary line of adjoining plats, tracts or other subdivision lines or markers. (Ord. 217, 3-2-1992; amd. 2005 Code)
3. Review By Planning Commission: The planning commission shall hold the hearing and receive testimony from persons interested in the plat and either during the hearing or at its conclusion shall review other data submitted in response to the requests in subsection B2 of this section.
4. Action By Planning Commission: Following: a) review of the preliminary plat and other material submitted for conformity thereof to these regulations; b) testimony at the hearing and agency response; and c) recommended changes deemed advisable and the kind and extent of improvements to be made, the planning commission shall, within forty (40) days of initial submission, act thereon as submitted or modified, and shall make recommendations in regard to the plat and its reasons therefor.
5. Distribution Of Copies: The action of the planning commission shall be noted on three (3) copies of the preliminary plat, referenced and attached to any conditions determined. One copy shall be returned to the subdivider, one retained by the planning commission and one sent to the city council for its action.
6. Conditional Approval: Conditional approval of a preliminary plat shall not constitute approval of the final plat (subdivision plat). Rather, it shall be deemed an expression of approval to the layout submitted on the preliminary plat as a guide to the preparation of the final plat which will be submitted for approval of the planning commission and for recording upon fulfillment of the requirements of these regulations and conditions of the conditional approval, if any.
C. Final Plat:
1. Conformance To Preliminary Plat: The final plat shall conform substantially to the preliminary plat as approved, and, if desired by the subdivider, it may constitute only that portion of the approved preliminary plat which he proposes to record and develop at the time; provided, however, that such portion conforms to all requirements of these regulations.
2. Application For Approval: Application for approval of the final plat shall be submitted in writing to the planning commission at least fifteen (15) days prior to the meeting at which it is to be considered.
3. Action By City Council: The planning commission shall make recommendations to the city council which shall act to approve or disapprove the plat. Such action shall be taken within sixty (60) days of the initial application for final approval.
4. Copies; Time Limitation: Five (5) copies of the final plat and other exhibits required for approval shall be prepared as specified in final plats, subsections 12-1-7A, B, C, D and E of this chapter, and shall be submitted to the planning commission within six (6) months after approval of the preliminary plat; otherwise, such approval shall become null and void unless an extension of time is applied for and granted by the planning commission. (Ord. 217, 3-2-1992)