(a) On reaching conclusions informally as recommended in Section 1244.02, regarding his or her general program and objectives, the developer shall cause to be prepared a preliminary plan of lots, together with improvement plans and other supplementary material as specified herein.
(b) Three copies of the preliminary plan of lots and supplementary material specified shall be submitted to the Planning Commission with a written application for conditional approval at least fifteen days prior to the respective meeting at which it is to be considered.
(c) Following a review of the preliminary plan of lots and other materials submitted for conformity to these Subdivision Regulations, and negotiations with the developer on changes deemed advisable in the kind and extent of improvements to be made by him or her, the Planning Commission shall, within thirty days, act thereon as submitted or modified, and, if approved, the Commission shall express its approval as a conditional approval and shall state the conditions of such approval, if any, or if disapproved, shall express its disapproval and its reasons therefor.
(d) The action of the Commission shall be noted on three copies of the preliminary plan of lots, referenced and attached to any conditions determined. One copy shall be returned to the developer, either personally or by mailing the same to him or her, at his or her last known address, not later than fifteen days following the decision. One copy shall be transmitted to Council, and the third copy shall be retained by the Commission. Under no circumstances shall the developer start work of any nature other than surveying and staking prior to receiving the conditional approval of the Commission upon the preliminary plan of lots.
When the application is not approved in terms as filed, the decision shall specify the defects found in the application and describe the requirements which have not been met and shall, in each case, cite the provisions of the statute or ordinance relied upon.
Failure of the Planning Commission to render a decision and communicate it to the applicant within the time and in the manner required herein shall be deemed an approval of the application in terms as presented unless the applicant has agreed in writing to an extension of time or change in the prescribed manner of presentation of communication of the decision, in which case failure to meet the extended time or change in manner of presentation of communication shall have a like effect.
(e) Conditional approval of a preliminary plan of lots shall not constitute approval of the final plan of lots. Rather, it shall be deemed an expression of approval of the layout submitted on the preliminary plan of lots as a guide to the preparation of the final plan of lots which will be submitted for approval of the Commission and Council and for recording upon fulfillment of the requirements of these Subdivision Regulations and the conditions of the conditional approval, if any.
(Ord. 4398. Passed 9-10-86.)