(EDITOR'S NOTE: This section was formerly codified as Section 1226.05 before being renumbered by Ordinance 2006-161.)
A developer may prepare a preliminary plat of a subdivision, together with improvement plans and other supplementary material as specified in Section 1230.03 of these Regulations.
Sixteen copies of the preliminary plat and supplementary material specified shall be submitted to the Planning Commission with a written application for approval at least fourteen days prior to the meeting at which time it is to be considered.
Upon receipt of the application, preliminary plat and other supplementary material as specified in these Regulations, the Secretary shall transmit a copy of all submissions to the City Engineer for his review, report and recommendation. The Engineer shall, within thirty days from the date of receiving the preliminary plat and supplementary material, provide and furnish to the Planning Commission a report covering his respective jurisdiction.
Following the review of the preliminary plat together with other material submitted for conformity thereof to these Regulations, the Engineer's report, and the completion of all negotiations with the developer on changes deemed advisable by the Engineer as to the kind and extent of improvements to be made, the Planning Commission shall within sixty days after receiving the preliminary plat and supplementary material, either approve the preliminary plat, disapprove it with reasons, or conditionally approve it subject to such modifications as may be required. The action of the Planning Commission shall be noted on all three copies of the preliminary plat, referenced and attached to any conditions specified. One copy shall be returned to the developer, one copy forwarded to the Engineer and the remaining copy retained by the Planning Commission.
Approval thereof by the Planning Commission shall be limited to general lot arrangement and street location only. It shall be deemed as an expression of approval to the layout submitted on the preliminary plat as a guide to the preparation of the final plat which will be submitted for approval of the Planning Commission and Council, and used for recording upon fulfillment of the requirements of these Regulations and the conditions of the approval, if any.
No action of Council is required for the approval of a preliminary plat unless requested by the owner or subdivider, in which case approval may also be given by Council and, if given, shall be similarly limited to general lot arrangement and street location only and approval of such other matters as Council may desire. In no case shall the approval by the Planning Commission or Council be construed as an acceptance of dedication of streets and public places shown thereon, nor shall it entitle the owner, subdivider or agent to place such plat on record.
Approval of any preliminary plat or any part thereof shall expire and become ineffective for all purposes one year after the date of Planning Commission approval unless: the plans and specifications and details required in Chapter 1228 of these Regulations for the improvements required have been submitted to and approved by the Engineer; the necessary easements for such improvements have been granted to and accepted by the Municipality in accordance with these Regulations and such improvements have been placed under contract and actually commenced, and the final plat for record submitted. The Planning Commission may, however, grant an extension of such time as it deems necessary not to exceed six months upon a showing in writing of undue hardship or practical difficulty on the part of the owner or subdivider.
(Ord. 2005-161. Passed 11-21-05.)