(A) Application procedure and requirements. Based upon the approval of the Planning Commission of the sketch plat, the applicant should file in duplicate an application for approval of a preliminary plat. The application shall:
(1) Be made on forms available at the office of the Zoning Officer together with the specified fee;
(2) Include all land which the applicant proposes to subdivide and all land immediately adjacent extending 100 feet therefrom, or of that directly opposite thereto, extending 100 feet from the street frontage of such opposite land, with the names of the owners as shown in the assessor’s files. This information may be shown on a separate current tax map reproduction from the Assessor’s office showing the subdivision superimposed thereon;
(3) Be accompanied by a minimum of ten copies of the preliminary plat as described in these subdivision regulations;
(4) Be accompanied by a minimum of three copies of construction plans as described in these subdivision regulations;
(5) Comply in all respects with the sketch plat as approved; and
(6) Be presented to the Commission at least four weeks prior to a regular meeting of the Commission.
(B) Public hearing. The Commission shall hold a public hearing on the preliminary plat. Such hearing shall be advertised in the same manner as the subsequent public hearing on the final subdivision plat. At the time of the public hearing, the applicant shall submit an affidavit stating that he or she has notified by certified mail, return receipt requested, each adjacent or opposite owner of property as indicated on the application for subdivision approval at least 15 days prior to the public hearing, and that the applicant has placed four posters provided to him by the Commission on the four closest public roads in visible locations surrounding the proposed subdivision property.
(C) Preliminary approval. After the Commission has reviewed the preliminary plat and construction plans, any city recommendations and testimony and exhibits submitted at the public hearing, the applicant shall be advised of any required changes and/or additions. The Commission shall approve, conditionally approve or disapprove the preliminary plat within 30 days after the date of the regular meeting of the Commission at which the public hearing on preliminary approval including adjourned date thereof, is closed. One copy of the proposed preliminary plat shall be returned to the developer with the date of approval, conditional approval or disapproval and the reasons therefor accompanying the plat. Before the Commission approves a preliminary plat showing park reservation or land for other city use proposed to be dedicated to the local government, the Commission shall obtain approval of the park or land reservation from Council.
(D) Public improvements. The Commission may require that all public improvements are installed and dedicated prior to the signing of the subdivision plat by the Chairperson of the Commission. If the Commission does not require that all public improvements be installed and dedicated prior to signing of the subdivision plat by the Chairperson of the Commission, the amount of the bond shall be established by the Commission based upon the recommendation of the City Engineer, which bond shall be submitted by the applicant at the time of application for final subdivision plat approval. The Commission shall require the applicant to indicate on the plat all roads and public improvements to be dedicated, all special districts for water, fire and utility improvements which shall be required to be established or extended and any other special requirements deemed necessary by the Commission.
(E) Effective period of preliminary approval. The approval of a preliminary plat shall be effective for a period of one year at the end of which time final approval on the subdivision must have been obtained from the Commission, although the plat need not yet be signed and filed with the County Clerk. Any plat not receiving final approval within the period of time set forth herein shall be null and void, and the developer shall be required to resubmit a new plat for preliminary approval subject to all new zoning restrictions and subdivision regulations.
(F) Zoning regulations. Every plat shall conform to existing zoning regulations and subdivision regulations applicable at the time of proposed final approval, except that any plat which has received preliminary approval shall be exempt from any subsequent amendments to the zoning regulations rendering the plat nonconforming as to bulk or use, provided that final approval is obtained within a one-year period.
(G) Grading of site prior to final approval. Subsequent to preliminary approval, the developer may apply for a topsoil and excavation permit from the Commission or such other agency or person as the city shall direct, and upon receipt of such permit may commence construction to the grades and elevations required by the approved preliminary plat.
(H) Model homes. For the purpose of allowing the early construction of model homes in a subdivision, the Commission in its discretion may permit a portion of a major subdivision involving no more than two lots to be created in accordance with the procedures for a minor subdivision, provided such portion derives access from an existing city, township, county or state highway, and provided no future road or other improvement is anticipated where such lots are proposed. The subdivision plat for the minor portion shall be submitted to the Commission simultaneously with the preliminary plat for the entire major subdivision. Subsequent to preliminary approval, the model may be constructed, subject to such additional requirements that the Commission may require.
(Ord. passed 2-2-2010)