§ 11-1208 PRELIMINARY PLAT; PROCEDURE FOR APPROVAL OF SUBDIVISION PLATS; APPLICATION FOR SUBDIVISION APPROVAL; FILING FEE; CONTENTS; DISTRIBUTION AND REVIEW; ACTION BY THE PLANNING COMMISSION; FAILURE OF PLANNING COMMISSION; APPEAL OF PLANNING COMMISSION DECISION TO THE CITY COUNCIL; EFFECT OF APPROVAL.
(A) Any person desiring to subdivide land that is subject to the provisions of this article shall file with the City Clerk an application which states the name and address of the person making the application. Ten copies of the preliminary plat shall be filed with the City Clerk. The copies of the preliminary plat and all appropriate information shall then be transmitted to the Planning Commission for appropriate action.
(2005 Code, § 11-1212)
(B) The preliminary plat shall not be accepted for filing until a filing fee therefore has been paid by the subdivider.
(2005 Code, § 11-1213)
(2005 Code, § 11-1214)
(D) The City Clerk shall distribute one or more copies of the preliminary plat to the following governmental agencies, departments and other persons as may be deemed appropriate for the particular proposed subdivision; the Municipal Services Director, the City Engineer, the Planning Commission, the Fire Department, the Police Department, the appropriate Health Department, the Zoning Administrator, State Highway Department (if the subdivision is adjacent to a state highway) and Utility Companies providing gas, telephone, electric or water service in or near the subdivision. The agencies, departments and persons named in this section shall have a minimum of five working days to review the preliminary plat and to make their report and recommendations to the Planning Commission. The agencies, departments and appropriate persons named in this section shall return the preliminary plat, report and recommendations to the Planning Commission. If such report has not been returned to the Planning Commission within ten working days after receiving a plat for review, the proposed plat shall be deemed to be in conformance with the laws, rules or policies of the reviewing agency or department.
(2005 Code, § 11-1215)
(E) The Planning Commission shall review the preliminary plat and consider the report and recommendations of the agencies, departments and persons to whom the preliminary plat has been submitted for review and may conduct a public hearing, at which time interested persons may attend and offer evidence in support of or against such preliminary plat.
(1) The Planning Commission shall thereupon determine on the basis of all evidence before it, whether the preliminary plat generally meets the design standards and requirements of these regulations, a development plan of the city, the zoning regulations of the city and other applicable provisions of the city.
(2) If the foregoing considerations are satisfied, the Planning Commission shall approve the preliminary plat and endorse such approval on the face of the plat.
(3) If the Planning Commission determines that the preliminary plat does not satisfy the foregoing conditions, it may suggest modifications so as to satisfy such conditions and in such event:
(a) The subdivider may amend the preliminary plat so as to incorporate such modifications and re-submit the preliminary plat to the Planning Commission which shall then grant its approval if such amendments satisfactorily incorporate the suggested modifications; or
(b) The subdivider may reject the suggested modifications, or, within the time allowed for Planning Commission action, may refrain from taking any action thereon. In either event, the preliminary plat shall be deemed to have been disapproved and the Planning Commission shall thereupon furnish the subdivider a written statement setting forth the reasons for disapproval of the preliminary plat.
(4) If the Planning Commission determines that the preliminary plat does not satisfy the foregoing conditions and that modifications would be too extensive or impractical, it shall disapprove the preliminary plat and immediately notify the subdivider of its action and the reasons therefor.
(5) The foregoing provisions to the contrary not withstanding, the Planning Commission shall approve or disapprove the preliminary plat within 60 days from the date of filing such plat or from the date the subdivider has submitted the last item of required data, whichever date is later, unless such time is extended by mutual consent. If the preliminary plat is disapproved, then within ten days thereof the Planning Commission shall furnish to the subdivider a statement in writing setting forth the reason for disapproval and specifying with particularity the aspects in which the proposed preliminary plat fails to conform to the requirements of these regulations, the development plan and the zoning regulations of the area, and other applicable provisions of the ordinances of the city.
(2005 Code, § 11-1216)
(F) If the Planning Commission falls to approve or disapprove the preliminary plat within the period of time set by subsection (E) above, then such preliminary plat shall be deemed to have been approved unless the subdivider shall have consented to extend or waive such time limitation.
(2005 Code, § 11-1217)
(G) Any interested person may appeal a decision of the Planning Commission regarding preliminary plats to the City Council by filing notice of appeal with the City Clerk within 30 days following the action of the Planning Commission. Any decision by the City Council to approve, disapprove or amend the preliminary plat shall be stated in writing, to the Planning Commission and the person appealing the decision, setting forth the reason for its final decision.
(2005 Code, § 11-1218)
(H) (1) Approval of the preliminary plat shall not constitute acceptance of the subdivision by the Planning Commission, but shall signify merely the general acceptability of the proposed subdivision.
(2) Such approval shall be considered permission to prepare the final plat, detailed plans and specifications for the proposed subdivision and for all public improvements to be constructed therein by the subdivider.
(3) Such approval shall be effective for no more than 12 months from the date approval was granted, unless, upon an application of the subdivider, the Planning Commission grants an extension of time beyond such period. If the final plat has not been approved and recorded by the provisions of these regulations within such 12-month period, or any extensions granted thereto, the preliminary plat must be re-submitted to the Planning Commission as if no such plat had ever been approved; except that, no additional fee shall be charged for such re-submission.
(2005 Code, § 11-1219)