(a) Preliminary Plat Submission. Four copies of the complete preliminary plat and any supplementary material shall be submitted to the Planning Commission with written application for conditional approval at least thirty days prior to the meeting at which it is to be considered. The following steps in the review and approval process may be undertaken either by the whole Planning Commission or its Subdivision Committee. The term "Commission" used below includes the Subdivision Committee.
(b) Preliminary Plat Review, Public Hearing, and Action. The Commission shall review the submitted preliminary plat and other material and negotiate with the subdivider/applicant on changes deemed advisable and the kind and extent of improvements to be made by the subdivider/applicant. During this period, the Commission may require the applicant to obtain the approval of relevant municipal departments and commissions, such as the Department of Public Works. The Planning Commission shall set a date, time, and place for a public hearing, notify the applicant in writing of the public hearing, and notify the general public. Notice of the public hearing shall be made by the City Clerk by Class 1 legal advertisement in a newspaper of general circulation in the City at least thirty days prior to the date set for the hearing. Due notice of the hearing shall additionally be mailed at the same time as the advertisement to owners of properties abutting the subject property and/or located within 200 feet of the subject property. Following this, the Commission shall, within forty days, act on either the submitted or modified preliminary plat. If the Commission approves the preliminary plat, the Commission shall express its approval as conditional approval and state the conditions of such approval. If the Commission disapproves the preliminary plat, the Commission shall express its disapproval and its reasons therefore. The action of the Commission shall be noted on the copies of the preliminary plat, referenced and attached to any conditions determined. One copy shall be returned to the subdivider, one copy shall be sent to the City Engineer, and one copy shall be retained by the Commission.
(c) 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 layout submitted on the preliminary plat as a guide to the preparation of the final plat, which will be submitted for approval of the Commission and for recording upon the fulfillment of the requirements of this Chapter and the conditions of the conditional approval.
(d) No street shall be opened, graded, improved or constructed; no water or sewer line shall be constructed; no water or sewer service shall be furnished by the City; nor shall the Building Inspector issue any building permit for any proposed structure upon any land in a subdivision until conditional approval of the subdivision has been granted by the Commission in accordance with the provisions of this Chapter. The City Engineer is authorized and directed to take necessary action to cause to be closed any street opened in violation of this Chapter.
(e) Final Plat Submission. The final plat shall conform substantially to the preliminary plat and conditional approval. If desired by the subdivider, the final plat may constitute only that portion of the approved preliminary plat that he proposes to record and develop at the time, provided, however, that such portion conforms to all requirements of these Subdivision Regulations. Application for approval of the final plat shall be submitted in writing to the Commission at least thirty days prior to the meeting at which it is to be considered. Four copies of the final plat and other exhibits required for approval shall be prepared as specified in Section 1305.04
and shall be submitted to the Commission within twelve months after conditional approval of the preliminary plat; otherwise such approval shall become null and void. The Commission may grant a time extension.
(f) Final Plat Review and Action. The Commission shall review the submitted final plat. Following this, the Commission shall act within forty days to approve or disapprove the final plat. The final plat may be approved if the subdivider has satisfactorily completed the requirements of the preliminary plat, all conditions of the conditional approval have been met, and a bond acceptable to the City has been posted. The exhibits required under Section 1305.04 must be filed with the Commission prior to the Commission’s decision to release the bond. The action to approve by the Commission shall be noted on the final plat and all copies. One copy shall be returned to the subdivider, one copy sent to the City Engineer, one copy retained by the Commission, and the fourth shall be sent to Council for its review.
(g) Recording of Final Plat. After approval of the final plat by the Planning Commission, such plat shall be recorded in the office of the County Clerk within thirty days after such approval. The Commission may grant a time extension if there are unusual circumstances.
(h) Offer of Dedication. Recording of the final plat shall have the effect of an irrevocable offer to dedicate all streets and other public ways shown thereon to public use, unless a notation is placed on the final plat by the subdivider stating that there is no offer of dedication, and an irrevocable offer to dedicate or reserve as specified on the plat lands for parks, schools or other public purpose. Recording of the plat, however, shall not impose any duty on the City concerning improvement or maintenance of any such dedicated street or lands, until the proper authorities of the City have made actual appropriation of the same by legal action. Where improvements were constructed in territory prior to its annexation into the City and prior to the acceptance by the City of any offer of dedication of improvements, the offer or shall provide, at his expense, a certificate by a professional engineer as to the compliance with the City’s and all other applicable standards of the offered streets, public ways and infrastructure improvements.