(a) Application Procedure and Requirements. The applicant should file in duplicate an application for approval of a preliminary plat. The applicant shall:
(1) Be made on forms available at the Office of the Zoning Officer together with the specified fee.
(See Schedule of Fees and Forms at the end of Chapter Seven)
(2) Include all and which the applicant proposes to subdivide and all land immediately adjacent extending one hundred (100) feet therefrom, or of that directly opposite thereto, extending one hundred (100) feet from the street frontage of such opposite land, with the name of the owners as shown in the Assessor’s files. This information may be shown on a separate current Tax Map reproduction from the Assessor’s Office showing the subdivision superimposed thereon.
(3) Be accompanied by a minimum of seventeen (17) copies of the preliminary plat as described in these Subdivision Regulations. (Article 1344)
(4) Be accompanied by a minimum of three (3) copies of construction plans as described in these regulations. (Article 1344)
(5) Prior to the public hearing on a subdivision, the applicant shall file with the Commission documentation that the Municipal Utilities Commission has been presented with a water supply plan, a sanitary sewerage plan and a storm sewer plan; that said plans are approved; and that satisfactory arrangements have been made for installation of said plans.
(b) Public Hearing. The Commission shall hold a public hearing on the preliminary plat. Such hearing shall be advertised by the Commission in one (1) newspaper of general circulation to be published at least thirty (30) days prior to the public hearing and further by mailing notices to all owners of property immediately adjacent extending one hundred (100) feet therefrom, or of that directly opposite thereto extending one hundred (100) feet from the street frontages of such opposite property as can be ascertained from the latest tax assessment rolls. Also, that the applicant has placed four (4) posters provided to him by the Commission on the four (4) closest public roads in visible locations surrounding the proposed subdivision property. The Commission will maintain file copies of the plat and construction plans in the Clerk’s Office for public review prior to hearing. After the public hearing, the Planning Commission shall, within thirty (30) days after closing of the public hearing, approve, modify and approve, or disapprove the subdivision application by resolution which shall set forth in detail any conditions to which the approval is subject, or reasons for disapproval. In the final resolution the Commission shall stipulate the period of time when the performance bond shall be filed or the required improvements installed, whichever is applicable. In no event shall an escrow deposit or performance bond can be submitted later than six (6) months from the date of final resolution, together with all required documents and completion of required procedures. In no event shall the period of time stipulated by the Commission for completion of required improvements exceed two years from the date of the final resolution. One (1) copy of the final subdivision plat shall be returned to the subdivider with the date of approval, conditional approval, or disapproval noted thereon, and the reasons therefor accompanying the plat.
(c) Preliminary Approval. After the Commission has reviewed the preliminary plat and construction plans, any City recommendations and testimony and exhibits submitted at the public hearing, the applicant shall be advised of any required changes and/or additions. The Commission shall recommend approval, conditional approval, or disapproval of the preliminary plat to City Council within thirty (30) days after the date of the regular meeting of the Commission at which the public hearing or preliminary approval, including adjourned date thereof, is closed. One (1) copy of the proposed preliminary plat shall be returned to the developer with the date of approval, conditional approval, or disapproval and the reasons therefor accompany the plat.
Before the Commission approve a preliminary plat showing park reservation or land for other City use proposed to be dedicated to the local government, the Commission shall obtain approval of the park or land reservation from the City Council.
(d) Effective Period of Preliminary Approval. The approval of a preliminary plat shall be effective for a period of two (2) years, at the end of which time final approval on the subdivision must have time final approval on the subdivision must have been obtained from the commission, although the plat need not yet be signed and filed with the County Clerk. Any plat not receiving final approval within the period of time set forth herein shall be null and void, and the developer shall be required to resubmit a new plat for preliminary approval subject to all new zoning restrictions and subdivision regulations.
(e) Zoning Regulations. Every plat shall conform to existing zoning regulations and subdivision regulation applicable at the time of proposed final approval, except that any plat which has received preliminary shall be exempt from any subsequent amendments to the Zoning Ordinance rendering the plat nonconforming as to bulk or use, provided that final approval is obtained within two-year period.
(f) Grading of Site Prior to Final Approval. Subsequent to preliminary approval, the developer may apply for a topsoil and excavation permit from the Commission or such other agency or person as the City shall direct, and upon receipt of such permit may commence construction to the grades and elevations required by the approved preliminary plat.
(g) Model Homes. For the purpose of allowing the early construction of model homes in a subdivision, the Commission in its discretion may permit a portion of a subdivision involving no more than (2) lots to be created in accordance with the procedures for subdivisions, provided said portion derives access from an existing city, township, county or state highway, and provided no future road or other improvement is anticipated where said lots are proposed. The subdivision plat for the “minor” portion shall be submitted to the Commission simultaneously with the preliminary plat for the entire subdivision. Subsequent to preliminary approval, the model may be constructed, subject to such additional requirements that the Commission may require.
(h) After public hearing has been concluded and thereupon a determination is made by the Zoning Officer that the proposed subdivision does not require any public improvements or utility lines, the Zoning Officer, in his discretion, consider and treat the preliminary plat as a final plat, waive all future hearings, and submit the said plat to Council for its action.
(Ord. 89-11. Passed 8-21-89.)