1165.04 PRELIMINARY PLAT APPROVAL.

   (a)    Delivery; Engineer's Report. The preliminary plat and all other preliminary documents shall first be delivered to the City Engineer, who shall examine the same and attach thereto his written report, specifying in what respects the proposed subdivision and improvements deviate from any applicable ordinances, statutes, master plans and accepted engineering principles, and setting forth his recommendations for changes, if any.

   (b)    Payment of Fees. A certified or bank check in the sum of one thousand dollars ($1,000) payable to the City shall also be submitted with the preliminary plat, from which the City Engineer shall be paid for his services. The unexpended portion shall be repaid to the allotter when the plat is recorded, disapproved or abandoned, as the case may be. If the fee is not sufficient, Council shall require the allotter to pay the necessary additional amount as a condition of final approval.

   (c)   File Copy.

      (1)    The Engineer shall mark the original of the preliminary plat and all other preliminary documents "File Copy". All changes and modifications required by the Commission and Council shall be so marked on the file copies and no other marking shall be made thereon. One copy of the preliminary plat and each other document with all changes and modifications noted thereon shall be returned to the allotter for his use after each stage of the proceedings.

      (2)    Within ten days after receiving them, the Engineer shall file the preliminary plat and documents, together with his report, with the Commission.

   (d)    Recommendations of Commission.

      (1)    The Commission shall, within forty days after receiving the preliminary plat and documents from the Engineer, act thereon as submitted or modified. If, after considering the preliminary plat and documents, the Commission finds that the proposed subdivision and improvement proposals comply with the pertinent ordinances, statutes, master plans of streets and improvements, and accepted engineering principles, then it shall recommend approval by Council of such preliminary subdivision and improvement proposals, otherwise, it shall recommend rejection of the same. If the Commission does find such subdivision and improvement proposals do not fully so comply, then it may either permit the allotter to make the changes at the meeting to comply and then recommend approval of them, or it may recommend approval of such plan and improvements despite noncompliance, under the provisions of Section 1165.02.

      (2)    The recommendation of the Commission shall be by motion adopted by a majority of all its members. In the event the recommendation is to reject such proposals, the Commission shall cite its reasons for such rejection. The vote of each member shall be recorded in the minutes of the Commission. As soon as the Commission has made its recommendation, it shall file the preliminary plat, preliminary documents, Engineer's report and its minutes with the Council Clerk.

   (e)    Council Hearing Set; Notification to Allotter. The Council Clerk shall set all preliminary plats on the agenda at a subsequent regular meeting of Council, and shall notify the allotter of the time and place of the meeting by letter, at least five days prior thereto.

   (f)    Decision by Council. After hearing and considering the preliminary plat and documents, the Engineer's report and the recommendation of the Commission, Council shall either approve or reject the plat. If the decision of Council is to reject the plat, the allotter may resubmit his preliminary plat to the Commission and then to Council for their approval in conformity with the decision of Council. The reasons for rejection of the plat shall be set forth in the Council records.

   (g)    Notice of Council Decision to Allotter. Council shall give written notice of its decision to the allotter and redeliver therewith all preliminary documents, except the file copies of all documents which shall be redelivered to the City Engineer.

   (h)    Authorization to Proceed. The approval of the preliminary plat by Council authorizes the allotter to proceed with the preparation of the final plat and assures that for a one-year period from the date of such approval that:

      (1)    The general lay-out of streets, lots and other features of the preliminary plat may serve as the basis for the preparation of the final plat; and

      (2)    Any special conditions under which the approval of the plat was granted shall not be changed; and

      (3)    The developer may submit a final plat and drawings and specifications for improvements for the whole or part of the subdivision.

         (Ord. 55-1988. Approved by voters 11-8-88.)