1115.05 MAJOR SUBDIVISION: PRELIMINARY PLAN.

   (a)    Classification. A subdivision as defined in Section 1113.22 is classified as a major subdivision if more than five lots are created or if any subdivision or resubdivision involves the opening, widening or extension of any street, the allocation of land for open space for common use, or the granting of easements for the extension and maintenance of water supply, sewage disposal or other public facilities in connection with the improvement of one or more parcels of land for residential, business or industrial developments.

   (b)    Application. An application for approval along with five black-on-white prints of the preliminary plan, or alternate plans, complying with the planning criteria set forth in Chapter 1117 shall be submitted to the secretary of the Planning and Zoning Commission for each proposed major subdivision. The purposes of the preliminary plan are to explore the best subdivision design and its relationship to adjoining developments or vacant land, to outline a program of land improvements and obtain the suggestions and recommendations of the Commission before a firm plan is prepared.

   For subdivisions where public utilities are not accessible at the site or where rezoning is involved, the developer may submit as a preapplication step, a sketch plan and an outline program for land improvements without all of the required maps, data and plans before proceeding with the preliminary plan as otherwise required.

   (c)    Planning and Zoning Commission Action. Whenever the Commission has received an application and all of the maps, drawings, data and plans as required by Section 1121.03, the secretary shall place such application on the agenda of its next regular meeting for preliminary discussion, provided it is received in sufficient time to be accommodated on the agenda, and shall set a date for a public hearing.

   The secretary shall refer one copy to the Commission's planning consultants if there are any, and two copies to the Municipal Engineer for review and report as to compliance with all relevant regulations, standards and criteria, as to coordination of the design with the natural features of the site and surrounding developments and as to conformance with the components of the Master Plan. They shall also make recommendations for improvements to the design. Within three weeks from receiving such a preliminary plan, the planning consultant and Municipal Engineer shall provide and furnish their reports to the Commission.

   The Commission shall act at the next regular meeting after the meeting at which the preliminary discussion was held, or within a mutually agreed upon extension, otherwise the plan shall be deemed to have been approved. If the Commission, after an evaluation of the preliminary plan and reports of the planning consultant and Municipal Engineer, approves the preliminary plan, the chairman and secretary shall affix their signatures to five copies of the plan with a notation of any special conditions, as the Commission may attach, and shall recommend the plan to Council for its approval. Council shall approve or disapprove the recommendation within sixty days, but a vote of not less than five members of Council shall be required in order to disapprove a decision of the Commission which approved the plan. Upon approval, the Clerk of Council shall return one copy to the developer, one copy to the Commission, submit one copy to the Mayor and one copy to the Board of Education and retain one copy.

   If the Commission or Council fails to approve the preliminary plan, it shall state in its records the reason or reasons for such disapproval.

   (d)    Authorization to Proceed. The approval of the preliminary plan by Council authorizes the developer to proceed with the preparation of the final plat and assures him that for a one-year period from the date of such authorization, that:

      (1)    The general layout of streets, lots and other features of the preliminary plan may serve as the basis for the preparation of the final plat; and

      (2)    Any special conditions under which the approval of the plan was granted shall not be changed; and

      (3)    The developer may submit a final plat and drawings and specifications for improvements for the whole or part of the subdivision.

         (Ord. 69-38. Passed 4-20-70.)