A. Submittal To The Planning Commission:
1. Application Requirements: After the preapplication meeting and sketch plan review, the preliminary plat shall be submitted to the zoning official with a request for approval of the preliminary plat. The applicant must submit eight (8) large size copies in a scale no smaller than one inch equals one hundred feet (1" = 100'), and one reduced scale (81/2 x 11) copy of a preliminary plat and pay the appropriate filing fee as established in section 3-8-1 of this code. The zoning official shall send one copy of each of the maps and data submitted with the application to relevant city staff. All comments from city staff will be given to the planning commission within fourteen (14) days. (Ord. 232, 12-2-2002; amd. Ord. 246, 12-3-2007)
2. Official Application: At this time, the applicant must also submit any requests for zoning, rezoning or for variances that may be necessary to accommodate the proposed plat. The application for preliminary plat approval may be rejected if it is judged by the zoning official to be incomplete according to section 12-4-2 of this title. The plat will be considered officially submitted when all of the information requirements are complied with, the appropriate review fee(s) paid, and official city application filed. If no action has been taken on the application by the zoning official within thirty (30) days of submittal, the application will be forwarded to the planning commission for action.
3. Review By Other Entities: The city will refer copies of the preliminary plat to county, state, township, or other municipal jurisdictions, as well as utility companies, for review and comments, where appropriate and when required.
4. Public Hearing: Upon receipt of the completed application, the zoning official will schedule a public hearing for the purpose of public review of the preliminary plat by the planning commission. The public hearing will be held within forty five (45) days of the date of filing of the completed application. Notice of the public hearing must appear in the official newspaper at least ten (10) days prior to the hearing and must, at a minimum, consist of a legal description of the property and a description of the request.
5. Planning Commission Action: The planning commission will report its findings and make its recommendation to the city council no later than forty (40) days after the close of the public hearing described in subsection A4 of this section. After consideration of all of the information relevant to the request, the planning commission may recommend approval, conditional approval, or to reject the request. Upon the determination of its recommendation, the planning commission shall embrace the same with a motion which shall include: reasons for granting approval; all conditions required for approval, or conditions upon which approval will be granted; or reasons for rejection of the preliminary plat. The subdivider shall be notified of the action together with any conditions of approval or reasons for approval or rejection. If the planning commission does not act upon the request within forty five (45) days following the public hearing, the city council may act upon the request without the planning commission's recommendation.
B. Submittal To City Council:
1. City Council Action: Following the action of the planning commission, the preliminary plat and motion of the planning commission will be presented to the city council for review and appropriate action. The council will approve or disapprove the preliminary plat within sixty (60) days following the receipt of the completed application. Upon final decision by the city council, it shall state its decision in a motion.
a. Preliminary Plat Approval: The city council may adopt the motion of the planning commission by reference. Upon decision of the city council, the zoning official shall transmit a copy of the motion or notice of adoption without change to the subdivider. Approval of the preliminary plat by the city council shall be effective for a period of one year from the date of approval. Approval of the preliminary plat shall not constitute an acceptance of the final plat, but shall be deemed an authorization to proceed with preparation of the final plat.
b. Nonapproval Of The Preliminary Plat: If the preliminary plat is not approved by the city council, the reasons for such action must be recorded in the proceedings of the council and must be transmitted to the applicant. The council may impose such conditions and restrictions as it deems appropriate or require such revisions or modifications in the preliminary plat as it deems necessary to protect the health, safety, and general welfare, convenience of the city.
c. Referral Of Preliminary Plat: The city council shall have the authority to refer the preliminary plat to the planning commission for further study. Referral of the preliminary plat to the planning commission for further study shall not constitute final action by the city council. The planning commission shall return a report to the city council no later than thirty (30) days following the meeting at which it was referred.
d. Preliminary Plat Approval: Approval of the preliminary plat does not guarantee approval of the final plat; rather, it will be considered an expression of approval of the layout submitted on the preliminary plat and as a guide for preparation of the final plat. The subdivider may file a final plat limited to such portion of the preliminary plat which he proposes to record and develop at the time, provided that such portion must conform to all requirements of this title. (Ord. 232, 12-2-2002)