The procedure for the preparation and review of a preliminary plat requires tentative and final approval as follows:
(A) Tentative approval.
(1) Filing.
(a) Ten copies of a valid and complete preliminary plat of the proposed subdivision, together with written application in triplicate and any other information required to be submitted under the Subdivision Act shall be filed with the Clerk.
(b) The preliminary plat shall conform substantially to the pre-preliminary plat as approved, and it may constitute only that portion of the approved pre-preliminary plat which the proprietor proposed to record and develop at the time; provided, however, that such portion conforms to this chapter.
(c) The Clerk shall check the proposed plat for completeness. Should any of the data required in the Subdivision Act, or division (B) above, be omitted, the Clerk shall be directed to inform the proprietor of the data required, and that the application will be delayed until the required data is received.
(d) The Clerk shall transmit a copy of the valid and complete preliminary plat to the engineer and planner for their technical review and recommendation.
(2) Planning Commission review.
(a) The Clerk shall place the preliminary plat on the next regular Planning Commission agenda, at which meeting the proprietor will be scheduled to appear. The Planning Commission shall act on the preliminary plat within 60 days after the date of filing unless the proprietor agrees to an extension, in writing, of the time required for approval by the City Commission and Planning Commission.
(b) It shall be the duty of the Clerk to send a notice by registered or certified mail to the owners of land immediately adjoining the property to be platted of the presentment of the preliminary plat and the time and place of the meeting of the Planning Commission to consider the preliminary plat; the notice shall be sent not less than 5 days before the date fixed therefor.
(c) The preliminary plat shall be reviewed by the Engineer as to compliance with the approved pre-preliminary plat and plans for utilities and other improvements.
(d) The Engineer shall notify the Planning Commission of his or her recommendation for either approval or rejection of the preliminary plat.
(e) The preliminary plat documents shall be reviewed by the Planning Commission as to compliance with the approved pre-preliminary plat.
(f) Should the Planning Commission find that the preliminary plat is in close agreement with the pre-preliminary plat, it shall approve same and notify the City Commission of this action in its official minutes and forward the same, together with all accompanying data, to the City Commission for their review.
(g) Should the Planning Commission find that the preliminary plat does not conform substantially to the previously approved pre-preliminary plat and that it is not acceptable, they shall record the reason in their official minutes and forward same together with all accompanying data to the City Commission; and recommend that the City Commission disapprove the preliminary plat until the objections causing disapproval have been changed to meet with the approval of the Planning Commission.
(3) City Commission review.
(a) The City Commission will not review a preliminary plat until it has received the review and recommendations of the Planning Commission. Following the receipt of the recommendations, the City Commission shall take action on the preliminary plat within 90 days of the date of initial filing of the plat with the Clerk, as required in division (A)(1)(a) above.
(b) Should the City Commission tentatively approve the preliminary plat, they shall record their approval on the plat and return the copy to the proprietor.
(c) Tentative approval shall not constitute final approval of the preliminary plat.
(d) Tentative approval of the City Commission shall be effective for a period of 12 months. Should the preliminary plat in whole or in part not be submitted for final approval within this time limit, the preliminary plat must again be submitted to the Planning Commission and City Commission for approval unless an extension is applied for by the proprietor, and such request is granted in writing by the City Commission.
(B) Final approval by City Commission.
(1) The proprietor shall file a valid preliminary plat with the Clerk together with a certified list of all authorities required for approval in §§ 112 to 119 of the Subdivision Act. The proprietor shall also provide approved copies of plats from each of the required authorities.
(2) The City Commission shall take action on the preliminary plat within 20 days of the submission of all necessary approved plats.
(3) If the preliminary plat conforms substantially to the plat tentatively approved by the City Commission and meets all conditions laid down for tentative approval, the City Commission shall give final approval to the preliminary plat.
(4) The Clerk shall promptly notify the proprietor of approval or rejection in writing; if rejected, reasons shall be given.
(5) Final approval shall be effective for a period of 2 years from the date of final approval. The 2 year period may be extended if applied for by the proprietor and granted by the City Commission in writing.
(6) No installation or construction of any improvements shall be made before the preliminary plat has received final approval of the City Commission, engineering plans have been approved by the engineer, and any deposits required hereunder, have been received by the city.
(Prior Code, § 27-24) (Ord. 53, passed 8-21-1969)