The following procedure shall govern the submission of preliminary plats of subdivisions to the Planning Commission.
(A) Whenever any subdivision of land is proposed to be made and before any contract for sale, or any offer to sell the subdivision or any part thereof, is made, the subdivider, through his or her project engineer, shall file the copies of the preliminary plat of the subdivision with the staff of the Planning Commission. The preliminary plat shall be prepared in accordance with the regulations set forth in §§ 151.030 and 151.031 of these regulations and shall be submitted to the staff prior to the starting of any survey of streets and lots and before the starting of any grading or construction work upon the proposed streets and before any plat of the subdivision is made in form suitable for recording. The staff of the Planning Commission shall determine whether a tentative plat is in proper form and shall not receive and consider a plat as filed until it is submitted in accordance with the requirements hereof.
(B) Payment of filing fee must accompany the submission of the plats. The fee for filing for subdivision plat approval shall be as adopted by the governing authority of the county.
(C) The preliminary plat shall be acted upon immediately with the receipt of all required approvals. In no case shall action be delayed longer than 60 days. A status report shall be provided the subdivider at the end of 30 days indicating the status of the submittal if the preliminary plat has not been acted upon within that time.
(D) If the preliminary plat is disapproved by the staff of the Planning Commission or the staff requires changes with which the subdivider does not concur, or if the staff fails to approve or disapprove the preliminary plat within 60 days after its submittal, the subdivider may submit the preliminary plat to the Planning Commission at its next regularly scheduled meeting after the expiration of the 60 day period. The Planning Commission shall review and approve, disapprove or approve with modifications, the preliminary plat at the meeting at which it is submitted and the subdivider shall be notified in writing within ten (10) days of the Commission's action.
(E) The preliminary plat shall not be approved by the staff of the Planning Commission until all public and private agencies to which copies of the preliminary plat were forwarded have indicated concurrance with the proposed subdivision.
(F) Preliminary plat approval shall be effective for two (2) years from the date of the approval. Subdivisions, or phases of subdivisions, which have not received final plat approval by that time, shall be reviewed by the staff of the Planning Commission to determine the status of the project. One year extensions of the preliminary plat approval may be granted by the Planning Commission at the recommendation of the staff provided the subdivider has indicated a willingness to meet the obligations of the preliminary plat. Preliminary plat approval may be revoked at any time by the Planning Commission should the subdivider fail to meet the criteria for development documented in the plat, or should one (1) or more of the agencies involved in the approval process revoke their stated approval.
(1985 Code, Ch. 12, § 4.2) Penalty, see § 151.999