The subdivider must receive Commission approval of a preliminary plan in accordance with the following procedure.
(A) Formal application and submission.
(1) The subdivider shall file an application for preliminary plan approval on a form supplied by the Division, signed by the property owner or his or her agent, and shall submit therewith a preliminary plan prepared in conformance with the requirements of §§ 155.280 through 155.285 hereof. No application shall be accepted unless it is complete and accompanied by the appropriate review fee.
(2) Applications shall be accompanied by supporting material determined appropriate by the Planning Director. The list of required supporting materials shall be available from the offices of the Commission. In addition, technical studies required by other applicable sections of this subchapter, including traffic, air quality, and hydro-geologic analyses, shall be submitted. Failure to submit all required material may result in delay of the application review. Staff of the Division may require submission of information, material, and documents beyond that required in this section as necessary to determine compliance with these regulations.
(B) Distribution of plan. Upon receipt of the preliminary plan, the Division shall submit copies to interested public agencies and utility companies and obtain a written report or approval on the plan from each such agency or company. Notice of the proposed subdivision and date for the Technical Review Committee (TRC) meeting shall be provided to adjoining property owners and neighborhood groups that have registered to receive notice of development applications.
(C) Staff review. The staff of the Division shall review the plan and shall consult with the affected cities, public agencies, and utility companies to resolve any problems raised by the proposed subdivision. The staff shall then present its recommendations and the reports of the agencies and companies to the subdivider and adjoining property owners at the TRC meeting.
(D) Administrative approval. Commission action may be taken by the Director of the Division or any authorized staff member of the Division if the plan or revision complies with Chapter 6, Part 2 of these regulations and conforms to all zoning and form district regulations. Such action may not be taken until the expiration of the seven-day petition period provided for in divisions (D)(1) and (D)(2) below. No staff member shall be required to approve any delegated item if they have reason to question its accuracy or its compliance with any subdivision, zoning, form district, or other regulation. Requested waivers and other items that are not appropriate for administrative approval shall be submitted to the Planning Commission or Committee of the Commission in accordance with division (D)(3) below.
(1) Applicants may request the LD&T review of the TRC recommendations on forms supplied by the Division. Requests for review must be submitted within seven calendar days following the Technical Review Committee meeting at which the application is considered for approval. The request shall set out the item(s) for which the applicant is seeking LD&T review. The request will be considered for review at the first LD&T meeting following receipt of the request, or at a subsequent meeting if so requested by the applicant. Final action on the plan shall be taken in accordance with these regulations.
(2) Other persons may request the LD&T review of the TRC recommendations. Petitions shall be filed on forms supplied by the Division and must be submitted within seven calendar days following the Technical Review Committee meeting at which the application is considered for approval. The petition shall set out the item(s) for which the petitioner(s) is seeking the LD&T review. Petitions will be considered for review at the first the LD&T meeting following receipt of the petition, or at a later meeting if agreed to by the applicant. The applicant and petitioner shall be notified of the review date and item(s) to be considered during the review. Final action on the plan shall be taken in accordance with these regulations.
(3) The LD&T review of the TRC recommendations shall address only specific items of the development proposal that:
(a) Do not receive a consensus recommendation through the TRC process;
(b) Are set out in a request for review by the applicant;
(c) Are set out in a petition request by other persons; or
(d) Are requested as waivers from current regulations.
(4) The proposed subdivision shall be reviewed and action taken within 90 days of receipt of the completed application and the preliminary plan, unless this time limit is waived, in writing, by the subdivider; approval shall be valid for one year unless otherwise provided by the Commission; and extensions may be granted by the Planning Commission. The developer shall submit a letter justifying the request for extension. The Planning Commission may grant requests for extension of expiration of the preliminary plan if the Commission finds that exceptional circumstances or extraordinary hardship justify such requests.
(5) In the case of subdivisions being developed by sections, for the period within five years of
original approval of the preliminary plan, extensions of approval shall be automatic for all sections so long as construction is in progress in any section. Beyond this five-year period, an extension in accordance with § 155.321 shall be required.
(LDC § 7.2.20)