(a) Purpose. This section is intended to implement Sections 112 through 119 of the Subdivision Control Act.
(b) Procedure. The proprietor shall submit copies of the preliminary plat to authorities as provided in Sections 111 through 119 of such Act.
(1) Proprietor's submittal. The proprietor shall submit a written application and ten copies of the preliminary plat and other data to the City Clerk, at least one of such copies to be paper or Mylar reproducible.
(2) Clerk's transmittal. The Clerk shall promptly transmit nine copies of the preliminary plat to the Planning Commission and the reproducible copy to the City Manager.
(3) Public hearing. The Commission shall hold a public hearing regarding the issue of the approval of the preliminary plat, subject to the following:
A. The Clerk shall give notice of the public hearing by publishing the notice at least once in a newspaper of general circulation in the City at least fifteen days prior to the hearing date. The notice shall state the date, time and place of the public hearing, the substance of the proposed preliminary plat and the location where additional information may be obtained.
B. The Clerk shall provide a notice of the hearing containing the same information as the published notice to each public utility and railroad affected by the proposed preliminary plat at least fifteen days prior to the hearing date. Such notice shall be given by certified United States mail.
C. The Clerk shall provide a notice of the hearing containing the same information as the published notice to each owner of property within 300 feet of the subject parcel or tract, as found in the records of the City Assessor, at least fifteen days prior to the hearing date. Such notice shall be given by certified United States mail.
D. The parcel or tract covered by the proposed preliminary plat shall be posted by the subdivider for at least fifteen days prior to the public hearing, which posting shall include the same information as the published notice.
(4) Planning Commission action. The Commission shall approve, modify or reject the preliminary plat within sixty days of the filing date, but after the public hearing. The proprietor may waive the deadline by consenting to an extension in writing. An extension granted to the Commission by the proprietor shall not reduce the time allowed for Council's consideration of the preliminary plat.
(5) Tentative approval.
A. Council, within ninety days of the date of filing, but not before the Planning Commission action provided for in paragraph (4) hereof, shall reject or grant tentative approval of the preliminary plat. Council shall return to the proprietor a copy of the preliminary plat with tentative approval duly noted, or a written notice of rejection and requirements for tentative approval.
B. Tentative approval of a preliminary plat shall confer upon the proprietor, for a period of one year from the date of action, approval of lot sizes, lot orientation and street layout.
C. Tentative approval may be extended by Council by resolution if applied for in writing by the proprietor.
(6) Final approval.
A. After tentative approval of the preliminary plat by Council, the proprietor shall:
1. Submit copies of the preliminary plat to all authorities as required by Sections 112 through 119 of the Subdivision Control Act;
2. Submit a list of all such authorities to the City Clerk, certifying that the list shows all authorities as required by Sections 112 through 119 of such Act; and
3. Submit all approved copies from such authorities to the Clerk.
B. The City Manager shall promptly review the submitted preliminary plat to verify that all conditions and requirements imposed upon the plat at the time of tentative approval are complied with, and shall report the results of such review to Council.
C. Council, after receipt of the necessary approved copies of the preliminary plat and the Manager's report, shall consider and review the preliminary plat at its next meeting or within twenty days of the date of submission of all necessary data by the proprietor. Council shall approve the preliminary plat if the proprietor has met all specified conditions. The Clerk shall promptly notify the proprietor in writing of Council's approval or rejection with reasons for rejection specified in the notice.
D. The Clerk shall note all proceedings in the minutes of the meeting, which minutes shall be open for inspection.
E. Council's approval of a preliminary plat shall be valid for two years from the date of such approval and shall confer upon the proprietor for such period the conditional right that the general terms and conditions under which preliminary approval was granted will not be changed.
F. Council may extend the two-year period by resolution if applied for in writing by the proprietor.
(Ord. 421. Passed 6-1-82.)