(A) After the pre-application meeting, the subdividers or owners shall file with the Zoning Administrator five copies of a preliminary plat and a cash fee as established by the City Council. This fee will be used for the expenses of the city in connection with the review of the plat.
(B) The Zoning Administrator shall provide copies of the Preliminary Plat to the Planning Commission for its review and report.
(C) Within 45 days after the plat was filed and after reports and certifications have been received as requested, the Planning Commission shall hold a public hearing on the preliminary plat, after notice of the time and place thereof has been published once in the official newspaper, at least ten days before the day of the hearing. Within 15 days of the date of the public hearing, the Planning Commission shall make its report to the Council.
(D) The Planning Commission and the Zoning Administrator may forward to the Council a favorable, conditional or unfavorable report, and the report shall contain a statement of findings and recommendations.
(E) The Council shall act to approve or disapprove within 120 days of initial application to the Planning Commission. If the Council disapproves the preliminary plat, the grounds for any disapproval shall be set forth in the minutes of the Council meeting and reported to the owners or subdividers.
(F) The approval of a preliminary plat is an acceptance of the general layout as submitted, and indicates to the subdivider that he or she may proceed toward final plat in accordance with the terms of approval and provisions of this chapter.
(G) During the intervening time between approval of the preliminary plat and the signing of the final plat, the subdivider must submit acceptable engineering plans for all required improvements.
(H) In the case of all subdivisions, the Planning Commission shall recommend denial of, and the Council shall deny approval of a preliminary or final plat if it makes any of the following findings.
(1) That the proposed subdivision is in conflict with adopted applicable general and specific plans of the city.
(2) That the design or improvement of the proposed subdivision is in conflict with any adopted component of the Comprehensive Plan of the city.
(3) That the physical characteristics of this site, including but not limited to topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage, drainage and retention, are such that the site is not suitable for the type of development or use contemplated.
(4) That the site is not physically suitable for the proposed density of development.
(5) That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage.
(6) That the design of the subdivision or the type of improvements is likely to cause serious public health problems.
(7) That the design of the subdivision or the type of improvements will conflict with easements of record or with easements established by judgment of a court.
(Ord. 217, passed 11-28-1994) Penalty, see § 10.99