(A) Application procedure. An application shall be filed for the approval of a preliminary layout prior to filing an application for the approval of a final subdivision plat. The application shall:
(1) Be made in writing to the Planning Commission to be received by the Administrative Officer by the day indicated on the application deadline schedule posted in the office of the Administrative Officer. Applications received after the day indicated on the deadline schedule shall not be reviewed at the next regularly scheduled Planning Commission meeting.
(2) Fifteen copies of the preliminary layout for all the land which the applicant proposes to subdivide shall be submitted when the application is filed with the Administrative Officer. The preliminary layout shall show the names and mailing addresses of owners of all property adjacent to the property proposed for subdivision, and all supplementary material described in §§ 153.035 and 153.037.
If construction plans are to be reviewed for approval, 6 copies of the plans must accompany the application and preliminary plat.
(3) Prior to consideration by the Planning Commission, the following approvals shall be received for the preliminary layout:
(a) The Administrative Officer of the agency or utility company supplying water services if a connection to a public water line is proposed, with a certificate of water availability appearing on the preliminary layout;
(b) The Administrative Officer of the agency or utility company supplying sewage disposal services if a connection to a public sewage system is proposed, with a certificate of availability of sewage disposal services appearing on the preliminary layout;
(c) The authorized officer of the County Highway Department for preliminary street design (Appendix C, Form IV(A)); and
(d) Have a "Not for Sale" certificate (Appendix C, Form IV(H)).
(5) Be accompanied by payment in the amount calculated from the schedule in Appendix A.
(6) Shall submit a community services impact analysis as outlined in § 154.078 of the county zoning ordinance.
(Ord. passed 2- -1985, § 2.201)
(B) State Department of Highways may review preliminary layout. If the State Department of Highways had filed with the Planning Commission a map of the territory within 1 mile on either or both sides of any existing or proposed highway, no preliminary layout shall be approved by the Planning Commission until 1 copy of the preliminary layout has been referred to the designated office of the Department of Highways for its review. If the Department of Highways desires to make any recommendation on the plat, it shall communicate that to the Planning Commission within 15 days from the receipt of the plat.
(Ord. passed 2- -1985, § 2.202)
(C) Review of preliminary layout. The Administrative Officer of the Planning Commission shall notify the subdivider by certified mail of the time and place of the meeting not less than 5 days before the date fixed for the meeting. Similar notice shall be mailed to the owners of the land immediately adjoining the acreage proposed to be platted as shown on the proposed subdivision, in order that they may be informed of the meeting. The applicant or his or her authorized agent, preferably his or her engineer, shall be prepared to attend the meeting of the Planning Commission to discuss the preliminary layout and the Planning Commission's tentative conclusions. In studying the preliminary layout, particular attention shall be given to:
(1) The relationship of the proposed streets to the topography of the land;
(2) Preservation of existing vegetation;
(3) Stormwater runoff;
(4) Sewage disposal drainage;
(5) Proposed lot and block sizes, shape and layout; and
(6) Future use of adjoining lands as shown on the future land use map and comprehensive plan.
(Ord. passed 2- -1985, § 2.203)
(D) Applicant advised of Planning Commission action. Within 90 days of the date of the application, the Planning Commission shall advise the applicant in writing of approval; conditional approval subject to specific modifications which shall be required in the preliminary layout or subject to the applicant's provision of additional information; or disapproval. This notification shall consist of providing the applicant a copy of the minutes of the meeting at which the application was acted upon. Failure of the Planning Commission to act upon this preliminary layout within 90 days shall be deemed approval of the preliminary layout.
(Ord. passed 2- -1985, § 2.204)
(E) Reservation on preliminary layout approval. Approval of the preliminary layout shall not constitute acceptance of the final subdivision plat and shall lapse unless final subdivision plat is submitted within 2 years from the date of the approval. However, after 1 year has elapsed following approval, the applicant and/or developer shall construct and develop the property in accordance with the development standards in this chapter as revised since the approval. This approval may be extended for an additional period of time at the discretion of the Planning Commission. The final subdivision plat may comprise only a portion of the preliminary layout plan and an extension of time may be granted by the Planning Commission for the submission of a final subdivision plat for the remainder of the preliminary layout. Failure to submit an application for the final subdivision plat before expiration date of the extension will render approval of the preliminary layout null and void.
(Ord. passed 2- -1985, § 2.205)