Before subdividing any land subject to requirements of this code, the owner or developer shall comply with the following:
(A) Submission. The owner or developer shall submit to the Superintendent of City Services 18 full- size paper copies of a preliminary plan in the form and providing all information required by § 152.061 for review prior to submission of preliminary plan.
(B) Filing fee. An application for approval of a preliminary subdivision plan shall be filed with the Superintendent of City Services and be accompanied by a fee receipt reflecting payment to the City Treasurer of the appropriate following fee as set forth in Chapter 153, city zoning regulations. In addition to the filing fee, the owner or developer shall pay to the City of Monticello the cost for the city to publish a public notice of any hearing on the preliminary plan of the subdivision required to be published in a newspaper of general circulation in the city. This cost shall be paid to the city prior to the hearing. Failure to pay this cost prior to the hearing shall result in the cancellation of the hearing. Subdivisions within a drainage district must also pay an additional fee assessed by the County Soil and Water Conservation District.
(C) Scheduling and notification of public hearing. Upon receipt of a preliminary plan and required filing fee, the Superintendent of City Services shall schedule and give notice of a legislative public hearing before the Planning and Zoning Board in the manner prescribed by division (F) of this section. The legislative public hearing shall be scheduled not later than at the first regularly scheduled Planning and Zoning Board meeting occurring more than 15 days after the filing date of the preliminary plan.
(1) The notice shall contain:
(a) The name of the proposed subdivision and its address or commonly known location and legal description;
(b) A statement of what the petition is requesting the Planning and Zoning Board to make recommendations for approval;
(c) A statement of where copies of the petition, the preliminary plan or preliminary development plan and all other supporting documentation can be inspected by the public; and
(d) A statement that all interested persons have the right to appear at the public hearing on the preliminary plan or preliminary development plan and present evidence.
(2) The Superintendent of City Services on behalf of the Planning and Zoning Board shall notify the owner or developer of the proposed subdivision as to the time and place of the public hearing thereon at least 15 days prior to the date of the hearing.
(D) Distribution of preliminary plan for review and comment. The Superintendent of City Services shall route 1 or more copies of the preliminary plan to various city staff members for review and comment. One copy of the plan shall be provided to each member of the Planning and Zoning Board and each member of the City Council, prior to their respective consideration and review of the plan.
(E) Administrative review and comment. The Superintendent of City Services shall review the plan and shall submit a written report containing the recommendations to the Planning and Zoning Board for its consideration at the public hearing on the preliminary plan application. The Superintendent of City Services shall review the preliminary plans and send the review comments to the owner or the developer prior to scheduling legislative hearing.
(F) Legislative public hearing and recommendation. The Planning and Zoning Board shall conduct a legislative public hearing on the preliminary plan, during which it shall determine the extent to which the plan conforms or fails to conform with the standards of this code and shall, not later than 30 days after the adjournment of the legislative public hearing, transmit its recommendation on the plan to the City Council. The Planning and Zoning Board may recommend approval of a preliminary plan with an approval recommendation conditioned upon the making of 1 or more changes in the proposal, which changes shall be enumerated in the Board’s transmittal to the City Council or may transmit the plan to the City Council without recommendation. When the preliminary plan has been acted upon by the Planning and Zoning Board, the Board shall transmit its recommendation in writing to the City Council as provided hereafter. If the Board recommends approval of the preliminary plan, it shall so indicate on the copy of the plan along with any additional requirements. Conversely, if the Board recommends disapproval of the plan, it shall furnish the applicant a written statement setting forth the reason for the recommendation and specifying with particularity the aspects in which the preliminary plan fails to comply with the requirements of this code or does not comply with the official comprehensive plan. Should the Planning and Zoning Board fail to act within the 30 days from the adjournment of the public hearing, or fail to adjourn the public hearing within 120 days of its commencement, the plan shall be submitted to the Council without recommendation.
(G) Council approval or rejection of a proposed preliminary plan.
(1) Within 30 days after receipt of the Planning and Zoning Board recommendation or within 180 days from the filing date of the preliminary plan, whichever occurs first, the City Council shall approve or reject the proposed preliminary plan. Failure of the Council to act within the prescribed time period shall constitute approval of the preliminary plan.
(2) The Superintendent of City Services, upon approval of the preliminary plan by the City Council, shall secure a reproducible mylar and 3 paper copies of the plan from the owner/developer, showing any changes requested by the City Council. The City Clerk shall then cause 7 copies of the approved preliminary plan with such signatures affixed thereon to be made and shall distribute the copies in the following manner:
1. One copy together with the reproducible mylar copy shall be sent to the Superintendent of City Services;
2. One copy to the Piatt County Soil and Water Conservation District (if required);
3. One copy shall be sent to the City Planner;
4. One copy shall be sent to the Fire Chief;
5. One copy shall be sent to the owner or developer;
6. One copy shall be retained by the City Clerk for filing; and
7. One copy shall be sent to appropriate Superintendent of Schools.
(H) Extension of time periods by mutual consent. Time periods for review by the Planning and Zoning Board or City Council may be extended by mutual consent of the owner or developer and the Planning and Zoning Board or Council. Any such extension shall stay the running of all subsequent time periods.
(I) Extension of preliminary plans. Approved preliminary plans or portions thereof on which no final plat has been submitted for review and approval shall expire and be of no force or effect 2 years after their approval, except:
(2) If the life of a preliminary plan is extended by action of the City Council.
(Am. Ord. 2013-43, passed 7-22-2013; Am. Ord. 2014-36, passed 9-8-2014)