The following procedures are established for the administration of this chapter and no plat shall be recorded until the proposed subdivision has been reviewed and approved by the Planning Commission and the Council. Planned unit developments and plans for any combination of uses shall be presented in the same manner as plats for the review of the Commission.
(A) Pre-application meeting.
(1) Prior to the submission of any plat for consideration by the Commission under provisions of this chapter, the subdivider shall meet with City Development Staff to introduce himself as a potential subdivider and they shall advise the subdivider what shall be expected of him in that capacity. An initial informal sketch of the proposed plat over a print of a topographic map or other suitable sketch and a tentative proposed improvement list will be required. The sketch shall also show the relationship of the land to be platted to surrounding subdivisions. The subdivider shall familiarize himself with provisions of the Comprehensive Plan affecting the use of his property, and he shall satisfy himself that the zoning is appropriate for his intended use of the property.
(2) The purpose of the pre-application conference is to afford the subdivider an opportunity to avail himself of the advice and assistance of the City Development Staff and to consult early and informally with staff before preparation of the preliminary plat and before formal application for its approval.
(3) The land which is proposed for subdivision must be zoned for the use or uses contemplated in the proposal before the preliminary plat is filed.
(B) Preliminary plat.
(1) The subdivider shall submit to the City Clerk 16 copies of a preliminary plat of the proposed subdivision, the requirements of which are as set forth in this chapter. The preliminary plat shall be submitted to the Zoning Administrator not less than three weeks prior to the next regularly scheduled Planning Commission meeting and shall be accompanied by a fee of $250 plus $10 dollars for each lot payable to the City of Marshalltown.
(2) If the preliminary plat submitted by the subdivider is rejected by the city for any reason, the subdivider may resubmit a revised application within one year, satisfying the reason for rejection, without paying an additional fee.
(3) The Zoning Administrator shall determine whether the preliminary plat is in proper form. The Council and Commission shall not receive nor consider the application as filed until all documents are in accordance with the requirements set forth herein. The Zoning Administrator shall inform the Commission and Council, in writing, that the fee has been paid and all other requirements have been met.
(4) Not later than three days from receipt of said plat, the Zoning Administrator shall distribute one copy each of the preliminary plat to the Chairman of the Commission, the City Solicitor, the City Engineer, the Fire Chief, the Building Official, the Housing Director, Water Pollution Control Director, the Superintendent of the Water Works, the District Engineer of the Iowa State Highway Department, if the plat borders a State or State Aid Highway and one copy each to each company providing electric, gas, cable TV and telephone services with a request for their reactions to be presented at the next regularly scheduled Commission meeting. In instances where the proposed subdivision lies outside the City Limits the Zoning Administrator shall submit one copy of the preliminary plat to the County Zoning Administrator.
(5) Any interested person may address the Commission orally or in writing regarding any preliminary plat but notice of the Commission's consideration of same need not be given. The Commission shall review the preliminary plat considering the oral or written comments from interested parties and take appropriate action. If recommended for approval, the Commission shall, by written report, express its action as a conditional approval and shall recommend the conditions of such approval, if any; or if recommended for disapproval, shall express its reasons therefore.
(6) The action of the Commission shall be noted on three copies of the preliminary plat. One copy shall be returned to the subdivider, and two copies forwarded to the Council.
(7) The Council shall consider the recommendation of the Commission and shall take action on the application within 60 days of its filing with the Zoning Administrator. If the Commission has not recommended approval, the Council may approve said plat only by a 3/4 vote of the entire Council. The action of the Council shall be recorded on the copies forwarded by the Commission and one copy each shall be kept as permanent records by the City Clerk and by the City Engineer.
(8) Approval of a preliminary plat shall be effective for a maximum period of 12 months except that submission within this period of a final plat applying to at least a portion of the area covered by the preliminary plat shall extend the effective period of approval to a maximum of 60 months from date of approval.
(9) Approval of a preliminary plat shall not constitute approval of the final plat. Rather it shall be deemed an expression of approval of the layout submitted on the preliminary plat as a guide to the preparation of the final plat.
(C) Final plat.
(1) The owner or subdivider shall file 16 copies of the final plat, the reproducible original, the appropriate fees, and a performance guarantee for public improvements with the Zoning Administrator at least two weeks before the next regularly scheduled Commission meeting. The final plat shall conform substantially to the preliminary plat as approved.
(2) The subdivider may file a final plat limited to such portion of the preliminary plat which he proposes to record and develop at one time, provided that such portion shall conform to all requirements of this chapter.
(3) The Zoning Administrator shall refer one copy of the final plat to the Mayor, one copy each to the Commission members, one copy to the City Planner, two copies to the City Engineer, and one copy to the City Solicitor for their review and report.
(4) The Commission, City Solicitor, the City Planner, and the City Engineer shall check the final plat to see that it is in substantial agreement with the preliminary plat as approved and that it meets all ordinances and regulations of the city. If the Commission recommends approval, such approval shall be entered upon the reproducible originals by the Chairman. If the Commission disapproves, it shall transmit its reasons to the Council and provide the applicant a copy. The Commission shall act on the final plat within 30 days of filing.
(5) Within 60 days of filing, the Council shall take action. If the Council approves, such approval shall be duly entered by the Mayor and City Clerk. Approval by the Council shall be by resolution setting forth all conditions upon which approval is predicated. If the Council disapproves, it shall set forth its reasons and provide the applicant and Commission with a copy.
(6) The final plat shall not be recorded until the performance guarantee for public improvements is accepted by the Council. A certificate to that effect shall be issued by the City Clerk on demand and shall accompany the final plat.
(D) Filing.
(1) The final plat, if approved, shall be filed with the Marshall County Recorder and Auditor. Any approval of the final plat by the Council shall be null and void if the plat is not recorded within 60 days after the date of approval. A reproducible signed copy of the final plat, after the plat has been recorded, shall be filed with the City Engineer. No building permit shall be issued nor construction started until the recorded duplicate has been returned to the City Engineer.
(2) Approval of the final plat shall not be deemed to constitute or effect acceptance by the City of any improvement shown on the plat.