§ 153.026 PRELIMINARY PLAT APPROVAL.
   (A)   There will be required a cash fee, which will be used for the expenses of the city in connection with approval or disapproval of the plan and any final plat which may later be submitted. The plat fee shall be set annually by the City Council.
   (B)   The subdivider shall engage a qualified land planner, registered land surveyor or engineer to prepare a preliminary plat of the area to be subdivided.
   (C)   The subdivider shall review proposed utility easements with utility companies and submit a letter from the company.
   (D)   The subdivider shall submit six or more copies of the preliminary plat to the city’s Clerk-Treasurer. The subdivider shall include a written statement along with the preliminary plat describing the proposed subdivision. The written statement shall include the anticipated development schedule, a table showing total number of lots and sizes, utilization of existing natural features and vegetation and the like.
   (E)   The city’s Clerk-Treasurer shall submit one copy of the preliminary plat to each Planning Commission member. One copy shall be submitted to any designated engineer. One copy shall be submitted to the County Engineer if the plat borders a county road. One copy shall be submitted to the District Engineer of the state’s Department of Transportation if the plat borders a federal, state or state aid highway. When the land lies within the limits of the floodway and/or the flood fringe areas of the Floodplain District, one copy shall be submitted to the Department of Natural Resources Commissioner.
   (F)   All agencies receiving copies of the preliminary plat shall transmit a report of their reactions together with supporting material to the Planning Commission prior to the meeting at which the plat is to be considered. The subdivider shall be required to pay the cost of the service.
   (G)   The Planning Commission may require qualified technical and staff services such as economic and legal staff to review the preliminary plat and advise on its suitability regarding general planning; conformity with plans of other private and public organizations and agencies; adequacy of proposed water supply, sewage disposal, drainage and flood control, special assessment procedures and other features. The subdivider shall be required to pay the cost of the services.
   (H)   The Planning Commission shall hold a public hearing on the preliminary plat within 45 days of its filing date. The city’s Clerk-Treasurer shall publish notice of the time and place in the official newspaper and send certified notice to property owners within 300 feet of the exterior boundary of the proposed plat. The subdivider shall furnish a list of names and addresses to the city’s Clerk-Treasurer. Notice shall be made no sooner than 30 days prior to the hearing and no later than ten days prior to the day of the hearing. A Planning Commission meeting may serve as a public hearing provided the legal requirements pertaining to the same are met.
   (I)   At the public hearing, the subdivider and all interested persons shall have the opportunity to be heard. The Commission shall then prepare a report recommending approval, disapproval or approval with conditions, and submit it to the City Council along with a copy being sent to the subdivider within 14 days of the public hearing. The subdivider may proceed with the final plat upon approval by the City Council.
(2001 Code, § 12.05)