§ 153.247 PRELIMINARY PLAT APPROVAL PROCESS.

   (A)   Review of preliminary plat. Preliminary plats shall be processed using the Type III procedure under § 153.208. All preliminary plats, including partitions and subdivisions, are subject to the approval criteria in § 153.249.

   (B)   Preliminary plat approval period. Preliminary plat approval shall be effective for a period of two years from the date of approval. The preliminary plat shall lapse if a final plat has not been submitted or other assurance provided, pursuant to § 153.251, within the two-year period. The Planning Commission may approve phased subdivisions, pursuant with division (D) below, with an overall time frame of more than two years between preliminary and final plat approvals.

   (C)   Modifications and extensions. The applicant may request changes to the approved preliminary plat or conditions of approval following the procedures and criteria provided in §§ 153.280 through 153.283. The Planning Commission may, upon written request by the applicant and payment of the required fee, grant written extensions of the approval period not to exceed one year per extension, provided that all of the following criteria are met:

      (1)   Any changes to the preliminary plat follow the procedures in §§ 153.280 through 153.283;

      (2)   The applicant has submitted written intent to file a final plat within the one-year extension period;

      (3)   An extension of time will not prevent the lawful development of abutting properties;

      (4)   There have been no changes to the applicable code provisions on which the approval was based. If such changes have occurred, a new preliminary plat application shall be required; and

      (5)   The extension request is made before expiration of the original approved plan.

   (D)   Phased subdivision. The Planning Commission may approve phased subdivisions; provided, that the applicant proposes a reasonable phasing schedule that meets all of the following criteria.

      (1)   In no case shall the construction time period (i.e., for required public improvements, utilities and streets) for the first subdivision phase be more than one year.

      (2)   Public facilities shall be constructed in conjunction with or prior to each phase.

      (3)   The phased development shall not result in requiring the city or a third party (e.g., owners of lots) to construct public facilities that are required as part of the approved development proposal.

      (4)   The proposed time schedule for phased development approval shall be reviewed concurrently with the preliminary subdivision plat application.

      (5)   Planning Commission approval is required for modifications to phasing plans.

(Ord. 1267, passed 1-3-2012)