The Planning Commission shall approve, modify or disapprove a plat within 60 days after the submission thereof; otherwise the plat shall be deemed to have been approved, and a certificate to that effect shall be issued by the Commission on demand; provided, however, that the applicant for the Commission's approval may waive this requirement and consent to an extension of the period. The ground of disapproval of any plat shall be stated upon the records of the Commission. Any plat submitted to the Commission shall contain the name and address of a person to whom notice of a hearing shall be sent, and no plat shall be acted on by the Commission without affording a hearing thereon. Notice shall be sent to the address by certified mail, with return receipt requested, of the time and place of the hearing not less than five days before the date fixed therefore. Similar notice shall be mailed to the owners of land immediately adjoining the platted land, as their names appear upon the plats in the county auditor's office and their addresses appear in the directory of the city or on the tax records of the city or county. Every plat approved by the Commission shall, by virtue of the approval, be deemed to be an amendment of or an addition to or a detail of the city plan and a part thereof. Approval of a plat shall not be deemed to constitute or affect an acceptance by the public of any street or other open space shown upon the plat. The Planning Commission may, from time to time, recommend to Council amendments of the zoning ordinance or map or additions thereto to conform to the Commission's recommendations for the zoning regulation of the territory comprised within approval subdivisions. The Commission shall have the power to agree with the applicant upon use, height, area or bulk requirements or restrictions governing buildings and premises with the subdivisions, provided the requirements or restrictions do not authorize the violation of then effective zoning ordinance of the city. The requirements or restrictions shall be stated upon the plat prior to the approval and recording thereof and shall have the same force of law and be enforceable in the same sanctions and penalties and subject to the same power of amendment or repeal as though set out as a part of the zoning ordinance or map of the city.
(Ord. 146, passed 4-1-68)