A. Review Of Sketch Plan; Application:
1. After the preapplication meeting and following City review of the sketch plan, the applicant shall prepare a request for subdivision, as provided within this title, which shall be filed with the City on an official application form. (Prior Code § 21-3-2)
2. The application shall be accompanied by a fee as provided in section 3-1-2 of this Code. Such application shall also be accompanied by five (5) large scale copies and thirteen (13) reduced scale (not less than 11 inches by 17 inches) copies of a preliminary plat and supportive information in conformity with requirements of this title. If, in the opinion of the Zoning Administrator, reduced scale drawings (11 inches by 17 inches) are determined to be illegible, the submission of larger scale materials shall be required. The scale of such materials shall be the minimum necessary to ensure legibility. The request for subdivision shall be placed on the agenda of the first possible Planning Commission meeting occurring after fifteen (15) working days from the date of submission. (Prior Code § 21-3-2; amd. 2018 Code)
3. The applicant shall supply proof of title and the legal description of the property for which the subdivision is requested, consisting of an abstract of title or registered property abstract currently certified, together with any unrecorded documents whereby the petitioners acquire a legal ownership or equitable ownership interest and as applicable, supply documented authorization from the owner(s) of the property in question to proceed with the requested subdivision.
4. The applicant shall submit any necessary applications for variances from the provisions of this title, as set out in section 10-3-5 of this title. The preliminary plat shall be considered as being officially submitted only when there is compliance with all of the information requirements and the appropriate fees paid.
B. Public Hearing; Notice Requirements: Upon receipt of the completed application as outlined in subsection A of this section, the City Clerk shall set a public hearing for public review of the preliminary plat by the Planning Commission. The hearing shall be within forty five (45) days of the completed filing of the application. Notice of the hearing may be a legal or display advertisement and shall consist of a legal property description and description of request and shall be published in the official newspaper at least ten (10) days prior to the hearing. Written notification of the hearing shall be mailed at least ten (10) days prior to the hearing. Requests affecting and located within platted areas of the City shall be noticed to all property owners within three hundred fifty feet (350') of the property in question. Requests affecting and located within nonplatted areas of the City shall be noticed to all property owners within five hundred feet (500') of the property in question. A copy of the notice and a list of the property owners and addresses to which the notice was sent shall be attested and made a part of the records of the proceeding. Failure of a property owner to receive said notice shall not invalidate any such proceedings as set forth in this chapter, provided a bona fide attempt has been made to comply with the notice requirements of this chapter.
C. Technical Reports: The Zoning Administrator shall instruct the staff, as appropriate, to prepare technical reports and provide general assistance in preparing a recommendation on the action to the City Council. This may include the City Planner, City Engineer, City Building Official, City Attorney, or public or private utility departments, among others.
D. Recommendation To City Council:
1. The City shall refer copies of the preliminary plat to County, State or other public jurisdictions for their review and comment, where appropriate and when required.
2. The City Council, Planning Commission, and City staff shall have the authority to request additional information from the applicant concerning the proposed subdivision and its operational factors or impact, or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors or impacts, when said information is to be declared necessary to establish performance conditions in relation to all pertinent sections of this title. Failure on the part of the applicant to supply all necessary supportive information may be grounds for denial of the request.
3. The applicant or a designated representative thereof shall appear before the Planning Commission at the public hearing in order to answer questions concerning the proposed request.
4. The Planning Commission shall report its findings and make its recommendation to the City Council no later than forty (40) days after the close of public hearing described in subsection B of this section. If the Planning Commission has not acted upon the preliminary plat within forty (40) days following the close of public hearing, the Council may act on the preliminary plat without the Planning Commission's recommendation.
E. City Council Action:
1. Upon completion of the report and recommendation of the Planning Commission, the request shall be placed on the agenda of the City Council. Such reports and recommendations shall be entered in and made part of the permanent written record of the City Council meeting.
2. Upon receiving the report and recommendation of the Planning Commission and City staff, the City Council shall have the option to set and hold a public hearing if deemed necessary and shall make a recorded finding of fact and may impose any condition it considers necessary to protect the public health, safety and welfare.
3. The Council shall approve or disapprove the preliminary plat within one hundred twenty (120) days following delivery of an application completed in compliance with this title unless an extension of the review period has been agreed to by the applicant and the City.
4. If, upon receiving said reports and recommendations of the Planning Commission and City staff, the City Council finds that specific inconsistencies exist in the review process and thus the final decision of the City Council will differ from the recommendation of the Planning Commission, the City Council may, before taking final action, refer the matter back to the Planning Commission for further consideration. The City Council shall provide the Planning Commission with a written statement detailing the specific reasons for referral. This procedure shall be followed only one time on a singular action.
5. If the preliminary plat is not approved by the City Council, the reasons for such action shall be recorded in the proceedings of the Council and shall be transmitted to the applicant. If the preliminary plat is approved, such approval shall not constitute final acceptance of the design and layout. Subsequent approval will be required of the engineering proposals and other features and requirements as specified by this title to be indicated on the final plat. The City Council may impose such conditions and restrictions as it deems appropriate or require such revisions or modifications in the preliminary plat or final plat as it deems necessary to protect the health, safety, comfort, general welfare and convenience of the City.
6. The City Council reserves the right to decline approval of a preliminary plat if due regard is not shown for the preservation of all natural features, such as topography, trees, watercourses, scenic points, prehistoric and historical spots, and similar community assets which, if preserved, will add attractiveness and stability to the proposed development of the property.
F. Filing Final Plat: Following City Council approval of a preliminary plat, the applicant must submit a final plat to the City within one hundred (100) days of preliminary approval unless otherwise specified as part of a development agreement. If this procedure is not followed, then approval of the preliminary plat shall be considered void, unless a request for time extension is submitted in writing by the applicant thirty (30) days prior to the lapse of approval and subsequently approved by the City Council. (Prior Code § 21-3-2)
G. Amendments To Preliminary Plat: Should the applicant desire to amend a preliminary plat as approved, an amended preliminary plat may be submitted. The City may require the applicant to follow the same procedure as a new preliminary plat. No public hearing will be required unless the amendment, in the opinion of the City, is of such scope as to constitute a new preliminary plat. A filing fee as established in section 3-1-2 of this Code shall be charged for the amendment processing. (Prior Code § 21-3-2; amd. 2018 Code)