(A) Prior to submittal of the preliminary plat, in the case of any proposed plat which includes lands abutting upon any existing or established trunk highway or proposed highway which has been designated by a centerline order found in the office of the County Recorder, the plat shall first be presented to the Commissioner of the Department of Transportation for his or her written comments and recommendations. The Commissioner of the Department of Transportation shall submit written comments to the city in accordance with state law. In requesting the comments of the Commissioner of the Department of Transportation, the subdivider shall include a written statement describing the outlet for and means of disposal of surface water in the proposed platted area. Also, prior to the submission of the preliminary plat which includes or borders on an existing or proposed county road, the plat shall also be presented to the County Engineer requesting written comments and recommendations.
(B) Four copies of the preliminary plat and supplementary material specified shall be submitted to the City Administrator for filing with a written application for conditional approval.
(C) The City Administrator shall, upon receipt of a preliminary plat, retain one copy, refer one copy to the Zoning Administrator and refer two copies to the Engineer for review as to completeness of information. If found to be incomplete, the application will be returned to the developer. If found to be complete, the plat will be referred to other city department heads, the Utilities Commission, the telephone company and cable television for review as necessary.
(D) Upon review by city department heads, the City Forester, the Utilities Commission, the telephone company and cable television, the copy of the plat together with all comments and suggested revisions shall be referred to the Planning Commission for a public hearing. The preliminary plat shall receive the approval of the Engineer as to engineering considerations prior to consideration by the Planning Commission. A certificate of approval by the Engineer shall be attached to the preliminary plat. A letter of recommendation from the City Forester in regard to the preservation and future planting of trees shall also be attached.
(E) The city shall notify the subdivider by mail of the time and place of the public hearing not less than five days before the date fixed for the hearing. Similar notice shall be mailed to the owners of the land immediately adjoining the area to be subdivided as shown on the preliminary plat. Time and place of the public hearing shall be published at least once in the official newspaper at least ten days prior to the hearing. The publication shall include a drawing which shows the location of the proposed subdivision.
(F) (1) Within 60 days after the hearing on the preliminary plat, the Planning Commission shall recommend approval, disapproval or approval subject to modification of the plat to the Council. Failure of the Planning Commission to act on the preliminary plat within 60 days shall be deemed a recommendation of approval of the plat.
(2) If a plat is recommended for disapproval, reasons for that disapproval must be stated in writing. If approval subject to modifications is recommended, the nature of the required modifications shall be indicated in writing. The Planning Commission shall then forward the preliminary plat together with its recommendations to the Council for final action. The preliminary plat shall be approved or disapproved by the Council within 120 days following delivery of an application for a preliminary plat completed in compliance with this chapter unless an extension of the review period has been agreed to by the applicant.
(3) The final action of the Council shall be noted on two copies of the preliminary plat with any notations made at the time of approval, disapproval of the specific changes required. One copy shall be returned to the subdivider and the other placed on file in the office of the City Administrator.
(G) Approval of the preliminary plat shall not constitute acceptance of the final plat. The approval of the preliminary plat shall lapse unless a final plat based thereon is submitted within 60 months from the date of that approval. An extension of time may be applied for by the subdivider and granted by the Council.
(2004 Code, § 153.38) (Ord. 466, passed 7-15-1995)