1109.04 MAJOR SUBDIVISION; PRELIMINARY PLAN.

   (a)    Classification. A subdivision is classified as a major subdivision if more than five lots are created, or if any subdivision or resubdivision involves the opening, widening or extension of any street, the allocation of land for open space for common use, or the granting of easements for the extension and maintenance of water supply, sewage disposal or other public facilities in connection with the improvements of one or more parcels of land for residential, business or industrial developments.

   (b)    Application. An application for approval shall include aerial photography and topography at a two foot contour interval and five black line prints of the preliminary plan or alternate plans complying with the planning criteria set forth in Section 1115.03 and shall be submitted to the Secretary of the Commission for each proposed major subdivision. The purposes of the preliminary plan are to explore the best subdivision design and its relationship to the natural features of the development area and adjoining developments or vacant land, to outline a program of land improvements and obtain the suggestions and recommendations of the Commission before a firm plan is prepared.

   (c)    Planning Commission Action. Whenever the Commission has received an application and all of the maps, drawings, data and plans required by Section 1115.03, the Mayor's Secretary shall place such application on the agenda of its next regular meeting for preliminary discussion. The Commission shall thereafter set a date for a public hearing.

      (1)    The Mayor's Secretary shall refer one copy to the Commission's Planning Consultant and one copy to the Engineer for review and report with respect to compliance with all relevant regulations, standards and criteria, relative to coordination of the design with the natural features of the site and surrounding developments and to conformance with the components of the Master Plan. Within three weeks from receiving such a preliminary plan, the Planning Consultant and Engineer shall provide and furnish their reports to the Commission.

      (2)    The Commission shall notify the owners, as shown upon the current records of the County Recorder, of adjoining unsubdivided land and owners of adjoining lots if a street connection is involved of the time and place of a public hearing. The owners shall be notified by first-class mail sent at least ten days before the public hearing at which the proposed subdivision is to be considered. Failure of delivery of such notice shall not invalidate the proceedings.

      (3)    The Commission shall act not later than the next regular meeting after the public hearing or within an extension mutually agreed upon by the Commission and applicant. If the Commission, after an evaluation of the preliminary plan and reports of the Planning Consultant and Engineer, approves the preliminary plan, the Chairman and Secretary shall affix their signatures to five copies of the plan with a notation of any special conditions, as the Commission may attach, and shall recommend the plan to Council for its approval. Council shall approve or disapprove the recommendations within sixty days. Upon approval, the Clerk of Council shall return one copy to the developer, and shall retain one copy. Notice of the approval shall be sent to the Board of Education.

      (4)    If the Commission or Council fails to approve the preliminary plan, it shall state in its records the reason or reasons for such disapproval.

   (d)    Effect of Authorization to Proceed. The approval of the preliminary plan by Council authorizes the developer to proceed with the preparation of the final plat, including improvement plans, and assures him that within a one-year period from the date of such authorization:

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

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

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

         (Ord. 1991-18. Passed 5-12-92.)