All subdivision plats shall receive their first official consideration as preliminary plats. The developer shall not proceed with any construction work, including grading, until a plat has been given preliminary approval.
(a) Preparation. On reaching conclusions regarding his general program and objectives, the subdivider shall cause to be prepared a preliminary plat, with improvement plans and other supplementary materials as specified in Section 1379.06.
(b) Submission. The original and six copies of the preliminary plat and the supplementary material specified shall be submitted to the Planning Commission, with a written application for approval, in triplicate, on forms provided by the Commission.
(c) Appointment and Notice of Hearing. Upon receipt of the six copies of the preliminary plat and other required data and the written application form, the Commission shall set a place and date for a public hearing, and shall notify, by general publication or otherwise, any person or governmental unit having a probable interest in the proposed subdivision. Notice shall be at least thirty days prior to the date set for the public hearing.
(d) Review of Data by Other Departments and Agencies. The Commission shall transmit a copy of the preliminary plat and supplementary material to the County Health Department. The Commission may transmit copies of the plat and data to other local, State and federal agencies for review and recommendations.
(e) Hearing; Consideration. The public hearing shall be held. After the hearing, the Commission shall proceed to consideration of the preliminary plat. The Commission shall consider the comments and opinions expressed at the public hearing, but the Commission shall be responsible for reaching its own conclusions on the merits of the proposed subdivision. In determining whether an application for approval for a preliminary plat shall be granted, the Commission shall determine if the plat provides for:
(1) The coordination of subdivision streets with existing and planned streets;
(2) The coordination with and extension of facilities included in the comprehensive plan;
(3) The establishment of minimum width, depth and area of lots within the projected subdivision;
(4) The distribution of population and traffic in a manner tending to create conditions favorable to health, safety, convenience and harmonious development of the City; and
(5) The fair allocations of areas for streets, parks, schools, public and semipublic buildings, homes, utilities, businesses and industries.
(f) Conditions to Approval As conditions to the approval of a plat, the Commission may specify:
(1) The manner in which streets shall be laid out, graded and improved;
(2) Provisions for water, sewage and other utility services;
(3) Provision for schools;
(4) Provision for essential municipal services;
(5) Provision for recretional facilities; and
(6) The requirement of a soil survey with interpretations.
(g) Decision. Following review of the preliminary plat and other materials submitted for conformity to these Subdivision Regulations, and discussions with the subdivider on changes deemed advisable and the kind and extent of improvements to be made by him, the Commission shall, within forty-five days after the public hearing, approve or disapprove the preliminary plat. If approved, the Commission shall express its approval as conditional approval and shall state the conditions of such approval, if any. If disapproved the Commission shall express its reasons for disapproval in writing. The action of the Commission shall be noted on all copies of the preliminary plat, referenced and attached to any conditions determined. The orginal copy shall be returned to the subdivider and the other shall be retained by the Commission.
(h) Interpretation of Conditional Approval. Conditional approval of a preliminary plat shall not constitute approval of the final plat; rather, it shall be deemed an expression of approval of the preliminary plat as a guide to the preparation of the final plat. Upon fulfillment of the requirements of these Regulations and the conditions of the conditional approval, if any, the final plat shall be submitted for the approval of the Commission.
(i) Variances for Certain Boundary Adjustments. Minor boundary adjustments, for the purpose of transferring land between adjoining properties which share at least one common boundary involved in the transfer and which shall neither create any new nonconforming lot nor create any additional nonconformity, may be permitted by the Commission to vary extensively from these Regulations.
(1970 Code Sec. 28.1-17)