1105.03 PLATTING PROCEDURE.
(a) General Provisions.
(1) No person, firm or corporation proposing to make or have made a subdivision within the territorial limits of these Regulations shall enter into any contract for the sale of or offer to sell such subdivision or any part thereof, or proceed with any construction work on the proposed subdivision, including grading, until he has obtained the approval of the preliminary plat of the proposed subdivision by the Planning Commission and the approval of construction drawings, sedimentation plans and drainage plans by the Planning Director and the Planning Commission.
(2) The approval of the final plat by the Planning Commission shall not constitute or effect an acceptance by the public of the responsibility for construction or maintenance of any street, other proposed public way, space shown on such plat, or any other improvements.
(3) Approval of the final plat by the Planning Commission shall not authorize a waiver of any officially adopted design and construction requirements which may have been inadvertently omitted during the technical review of the final plat.
(b) Procedure. In planning and developing a subdivision, the subdivider and his agent shall comply with the general principles of design and minimum requirements for the layout of subdivisions set forth herein and in the "Design, Construction and Material Specification Handbook" and in every case shall pursue the following procedures.
(1) Before preparing the preliminary plat of a subdivision and while the plat is still in sketch form, the subdivider, his engineer, surveyor, or other agent shall confer with the Planning Director and City Engineer to ascertain the location of existing and proposed highways, thoroughfares, parks, playgrounds and other proposed public facilities, which may affect and need to be taken into account in designing the layout and developing the subdivision, and to inform himself of the requirements in these Regulations and others applying to the design and development of his subdivision.
(2) The subdivider shall prepare and file a preliminary plat of the proposed subdivision which shall conform with the requirements set forth in Section 1105.04 and shall file with the Planning Commission an application in writing for the approval of the plat. It is requested that this information be submitted at least two weeks prior to the voting meeting of the Planning Commission at which action is desired.
(3) The preliminary plat shall be checked by the Planning Director on behalf of the Planning Commission for compliance with other applicable sections of the official Comprehensive Plan and the principles, standards and requirements hereinafter set forth. The Planning Director shall submit technical checks after conferring with appropriate departments concerning matters within their respective jurisdiction.
(4) Concerning matters covered in subsection (b)(3) hereof, the Planning Commission shall approve or disapprove the preliminary plat, or approve it with modification, as agreed to by the subdivider, noting any such changes that shall be required. One copy shall be returned to the subdivider with the date of the approval or disapproval endorsed thereon.
(5) The approval of the preliminary plat by the Planning Commission is to be considered only as an approval of the layout with the understanding that the Planning Director, or other officials having jurisdiction, may modify any engineering or construction details proposed by the subdivider, whenever required for the protection of the public interest. The approval or disapproval of the preliminary plat will be made within thirty days of the official submission of the plat which shall be the date on which the Planning Commission first considers the plat at a meeting. The approval shall be effective for one year. If the developer submits a final plat or plats for part of the subdivision within one year after the preliminary plat approval, the approval of the preliminary plat shall be extended for one year from the date of the last such plat submission. The Planning Commission in its discretion, may extend its approval of a preliminary plat which has expired.
(6) Following the approval of the preliminary plat, the developer may submit for approval any portion of the subdivision for final plat approval in accordance with Section 1105.05. It is suggested that the final plat be submitted to the Planning Director at least two weeks prior to the meeting of the Planning Commission at which consideration of the plat is desired. The Planning Director is not an agent of the Planning Commission but provides a service to the subdivider in submitting plats to the Planning Commission. The official submission of the plat to the Planning Commission is the date on which the Planning Commission first considers the plat at a meeting.
(7) A copy of the final or record plat thus filed shall be transmitted to the City Engineer who will check the final plat and construction drawings. He shall return such plat to the Planning Commission, together with a technical check showing that the technical details of the plat itself have been checked and found satisfactory. In addition, the Planning Director shall prepare a technical check list of the final plat on behalf of the Planning Commission.
(8) After a copy of the final plat, together with the foregoing two technical checks have been received by the Planning Commission and provided that the final plat is found to conform with the preliminary plat as approved, the Commission shall approve or disapprove the final plat within thirty days after official submission to the Commission, which is the date on which the Planning Commission first considers the plat at a regular meeting. The Commission shall enter such approval or disapproval of any plat submitted, by the signature of the Chairman on the plat. The minutes of the Planning Commission shall include a citation or reference to the rules or regulations violated by the plat, if the plat is disapproved.
(9) The City Engineer shall establish the amount of the performance bond at the time of the approval of the final plat. This performance bond must be submitted and approved as outlined in Section 1105.08 before the plat can be recorded.
(10) After approval of the final plat by the Planning Commission and after receipt and acceptance by the City of the performance bond in accordance with Section 1105.08, the plat shall be submitted by the Planning Director to the County Recorder. (Ord. 167-95. Passed 11-13-95.)