(A) Any person desiring to subdivide a tract of land shall file an application with the Community Development Department that shall include the following:
(1) A written request to the city for preliminary review of such subdivision and a general description of the location and size of the tract to be platted; the intent as to character type and use of the property and structures to be developed; the deed restrictions proposed, if any; a statement of mineral rights; the extent and character of the improvements to be made by the subdivider; the zone district classification(s) of the territory and compliance of the proposed subdivision thereto; clear evidence of subdivider’s ownership and right to subdivide. If appropriate, a description of any unique hardship or difficulty limiting the physical development of the property under consideration and a description of any past history of the property under consideration which is pertinent thereto;
(2) Copies of the preliminary plat in a quantity determined by the Director and other necessary documentation in accordance with the requirements of § 154.021 of this chapter; and
(3) A filing fee and administrative review fees shall be as determined by separate ordinance or resolution of City Council.
(B) City staff will review the preliminary plat prior to its submission to the Planning Commission and such application shall be deemed to grant consent to the city to access the site for purposes of inspection, testing and enforcement of this code. The Planning Commission shall endeavor to review the preliminary plat within 30 days from the date of application or the filing by the subdivider of the last item of required supporting data, whichever date is later; provided that, such date of application and/or filing is not less than 20 days prior to a regularly scheduled meeting of the Planning Commission, otherwise the Planning Commission shall endeavor to review the preliminary plat within 60 days from the date of application and/or filing. However, in all instances, the Planning Commission shall determine within 90 days from the date of the fully completed application or the filing by the applicant of the last item of required supporting data, whichever date is later, unless such time is extended by written mutual consent, whether the preliminary plat shall be recommended for approval as submitted; shall be recommended for approval subject to certain conditions or modifications; or shall not be recommended for approval.
(C) The action of the Planning Commission shall be noted in writing and if such preliminary plat is not recommended or is conditionally recommended, the Planning Commission shall furnish written notice of such action to the applicant setting forth the reasons for disapproval or conditional approval and specifying with particularity the aspects in which the preliminary plat fails to conform to the city’s ordinances, including the Official Map.
(D) The City Council shall accept, reject or conditionally approve the preliminary plat within 30 days after its next regularly scheduled meeting following the recommendation of the preliminary plat by the Planning Commission, unless such time is extended by written mutual agreement of the City Council and the applicant, or such preliminary plat will be deemed as approved. The City Council shall issue a decision by order or resolution on the preliminary plat as submitted. If the preliminary plat is disapproved, the order or resolution shall state the reasons for disapproval, specifying with particularity the aspects in which the preliminary plat fails to comply with the ordinances or Official Map of the city code.
(E) A certified copy of the order or resolution of approval or disapproval by the City Council shall be attached to the preliminary plat and shall be filed with the City Clerk, one such copy shall be filed with the Director and one copy shall be returned to the subdivider. Approval of the preliminary plat shall not qualify a plat for recording with the County Recorder of Deeds.
(F) Preliminary plat approval shall confer upon the subdivider the following rights and privileges.
(1) The preliminary plat approval will remain in effect for a one-year period. The applicant may, during this period, submit all or part or parts of said preliminary plat for final approval. In the event that the subdivision is being developed in stages, the applicant may, by written mutual agreement with the City Council, have final approval of the last part of the plat extended no more than five years beyond approval of the preliminary plat. Any part of a subdivision which is being developed in stages shall contain a tract of land at least one block in length.
(2) The general terms and conditions under which the preliminary plat approval was granted will not be substantially changed, except as required to accommodate construction of the development as determined by the construction plans approved by the city for the subdivision infrastructure.
(Ord. 3319, passed 2-22-2005)