(A) Preliminary plat. Before dividing any tract of land into two, or more, lots or parcels, the following procedure shall be followed:
(1) Submittal to the Planning and Zoning Commission.
(a) A preliminary plat shall be submitted to the City Engineer at least ten days prior to the Planning and Zoning Commission meeting at which the same shall be considered. The City Engineer shall prepare a report thereon, setting out whether or not the plat meets the requirements of state law, city code, and the comprehensive guide plan. He or she shall present the report, together with his or her recommendations thereon, to the next meeting of the Commission following its filing with him or her as hereinabove set out;
(b) The Planning and Zoning Commission shall consider the plat at the meeting at which it is submitted, and may consider the same at special, or adjourned, meetings as it shall determine are necessary;
(c) The Planning and Zoning Commission shall have the authority to recommend approval, or disapproval, of the preliminary plat, to approve it with conditions attached, and to disapprove it until, and unless, certain conditions are first complied with; and
(d) Upon the making of its determination, the Planning and Zoning Commission shall embrace the same within a motion, which shall include all conditions it requires for approval, or conditions upon which approval will be granted, and shall set forth the reasons for the approval given. A copy of the motion shall be sent forthwith to the subdivider, and a copy thereof to the Council, together with the plat if it is approved, conditionally or otherwise.
(2) Submittal to the Council.
(a) Upon the adoption of the motion hereinabove provided by the Planning and Zoning Commission, the plat shall come before the Council for review;
(b) The Council may hold the public hearing on the plat as it shall, in its discretion, determine, and upon notice as it shall provide;
(c) The Council shall have authority to approve, disapprove, modify, and amend the motion of the Planning and Zoning Commission, and it may refer the same to the Planning and Zoning Commission for further study. A referral to the Planning and Zoning Commission shall not be deemed a final action thereon by the Council, and the Planning and Zoning Commission shall report back thereon no later than 45 days following the Council meeting at which it was referred;
(d) Upon final decision by the Council, it shall embrace its decision in a motion; provided, however, it may adopt the motion of the Planning and Zoning Commission by reference;
(e) Upon decision by the Council, the City Clerk-Treasurer shall transmit a copy of the motion, or notice of adoption without change, to the subdivider;
(f) The approval of the preliminary plat shall not constitute an acceptance of the subdivision, but it shall be deemed to be an authorization to proceed with the preparation of the final plat;
(g) The approval of the preliminary plat by the Council shall be effective for a period of one year from the date of approval by the Council; and
(h) The subdivider may file a final plat limited to the portion of the preliminary plat which he or she proposes to record, and develop, at the time; provided, that the portion must conform to all requirements of this chapter. If some portion, or all, of the final plat has not been submitted to the Planning and Zoning Commission for approval within the time hereinabove provided, a preliminary plat must again be submitted to the Planning and Zoning Commission and the Council for approval, unless the Commission and the Council shall waive this requirement.
(B) Final plat. After the preliminary plat has been approved, and the subdivider determines to proceed to secure approval of all, or a part thereof, as a final plat, the final plat shall be submitted as follows:
(1) Submittal to the Planning and Zoning Commission.
(a) The final plat shall be submitted to the City Engineer at least ten days prior to the Planning and Zoning Commission meeting at which the same shall be considered. The City Engineer shall prepare a report thereon setting out whether or not the final plat is in substantial agreement with the preliminary plat, and if not, in which particulars it varies therefrom, and whether or not it conforms to the requirements of state law and provisions of the city code, and that the final plat meets all the conditions attached to the final approval of the preliminary plat;
(b) The Planning and Zoning Commission shall consider the final plat at the meeting at which it is submitted, and may consider it at the special, or adjourned, meetings as it shall determine are necessary;
(c) The Planning and Zoning Commission shall have the authority to recommend approval, or disapproval, of the final plat. If it shall determine that it cannot approve it unless certain conditions are attached, it shall, by motion, set forth the conditions for approval, and forthwith send a copy of the conditions to the subdivider, and all further action on the plat shall be suspended until the subdivider shall respond thereto; provided, that if no further action is taken by the subdivider within a period of three months from the date of the adoption of the conditions, the plat shall be deemed to be disapproved;
(d) Final action by motion on the final plat shall be communicated forthwith to the subdivider by the Secretary of the Planning and Zoning Commission, and a copy of the motion shall be sent to the Council, together with the plat, and the other data as the Commission shall determine; and
(e) If the Planning and Zoning Commission approved the final plat, the Chairperson and the Secretary shall sign the same.
(2) Submittal to the Council.
(a) Upon the adoption of the motion of approval, or disapproval, by the Planning and Zoning Commission, the final plat shall come before the Council for review;
(b) The Council shall have the authority to hold the hearings on the final plat as it shall determine, and upon notice as it shall provide;
(c) If the Council is not satisfied with the final plat as presented, it may:
1. Disapprove the same;
2. Set forth the conditions, and requirements, as it shall require to be fulfilled before the same is approved; or
3. Refer the same to the Planning and Zoning Commission for the further action as it shall determine. Upon the referral, the Planning and Zoning Commission shall act thereon at the next meeting, and report back to the Council no later than 45 days after the action of the Council.
(d) If the Council shall determine to accept the plat, it shall by resolution so determine, and the resolution shall provide for the acceptance of all streets, alleys, easements or other public ways, parks, and other spaces dedicated to public purposes; and
(e) The action of the Council finally determining the matter shall be communicated by the City Clerk-Treasurer to the subdivider, and if the plat be disapproved, the City Clerk-Treasurer shall set forth the reasons given by the Council for the determination.
(Prior Code, § 12.02)