(A) Unless provided for elsewhere in this chapter or a variance is authorized, an owner or subdivider shall, before dividing any tract of land into two or more lots or parcels, file with the City Planner:
(1) Six copies of the preliminary plat; and
(2) To defray administrative costs of processing each subdivision plat, a minimum fee shall be paid in the amount duly established in Ch. 35 of this code of ordinances. Said fees shall be payable at the time of filing a preliminary plat.
(B) (1) Any proposed preliminary plat which includes lands abutting upon any existing or established trunk highway or proposed highway which has been designated by a centerline order filed in the office of the County Recorder shall first be presented to the Commissioner of Transportation for his or her written comments and recommendations. Where any preliminary plat includes land abutting upon an existing or established county or county state aid highway, it shall first be submitted to the County Engineer for his or her written comments and recommendations. Preliminary plats involving both a trunk highway and a highway under county jurisdiction shall be submitted to the Commissioner of Transportation and the County Highway Engineer. Plats shall be submitted for review at least 30 days prior to the city taking final action on the preliminary plat. The Commissioner of Transportation and/or the County Highway Engineer shall submit the written comments and recommendations to the city, town or county within 30 days after receipt by them of such a plat. Final action on such plat by the city, town or county shall not be taken until after these required comments and recommendations have been received or until the 30-day period has elapsed. A legible preliminary drawing or print of a proposed preliminary plat shall be acceptable for purposes of review by the County Highway Engineer. To such drawing or print there shall be attached a written statement describing:
(a) The outlet for and means of disposal of surface waters from the proposed platted area;
(b) The land use designation or zoning category of the proposed platted area;
(c) The locations of ingress and egress to the proposed platted area; and
(d) A preliminary site plan for the proposed platted area, if one has been prepared.
(2) A certificate or other evidence provided by the city shall be required to be upon the plat for filing in the office of the County Recorder or Registrar of Titles as to the submission of or the obtaining of such written comments and recommendations.
(C) The preliminary plat shall be considered to be officially filed when the City Planner has received and examined such plat and has certified that all required materials have been submitted to his or her satisfaction.
(D) On the same date that the City Planner places the preliminary plat on file, he or she shall:
(1) Set a date for a public hearing on the preliminary plat. The Planning Commission shall cause notice of said hearing to be published once in the official city newspaper and sent by mail to all property owners of record within 100 feet of the proposed subdivision boundaries at least ten days prior to the hearing; and
(2) Refer one copy of the preliminary plat to the city’s public utilities for examination and report and one copy to the City Engineer for examination and report. Copies of the report of the City Engineer and the city’s public utilities shall be given to the Planning Commission prior to the public hearing.
(E) The Planning Commission shall hold a public hearing on the request and submit its recommendations to the City Council within 60 days of the date the plat was filed with the City Planner, except in cases where the applicant requests additional time to adjust or correct the plat.
(F) The Council shall act on the preliminary plat within 60 days of the date on which it was received from the Planning Commission unless an extension of the review time is agreed to by the applicant.
(G) If the preliminary plat is not approved by the Council, the reasons for such action shall be recorded in the proceedings of the Council and transmitted to the applicant. If the preliminary plat is approved, such approval shall not constitute final acceptance of the subdivision.
(1992 Code, § 315:08) (Ord. 1069, passed 3-2-1993)