(a) Preliminary Project Meeting. Before preparing the sketch plat for a subdivision, the applicant shall schedule an appointment and meet with the Building Commissioner to discuss procedures for approval of a subdivision plat and the requirements as to the general layout of streets, for reservations of land, street improvements, drainage, sewerage, fire protection, and similar matters, as well as the availability of existing services, including schools. The Building Commissioner shall also advise the applicant, when appropriate, to discuss the proposed subdivision with those officials who must eventually approve those aspects of the subdivision plat coming within their jurisdiction.
(b) Application. Prior to subdividing land and after meeting with the Building Commissioner, the owner of land, or his authorized agent, shall file an application for approval of a sketch plat with the Planning Commission. The application shall:
(1) Be made on forms available in the offices of the Building Department or from the Building Commissioner;
(2) Include all contiguous holdings of the owner, including land in "common ownership" as defined in these regulations, with an indication of the portion of which is to be subdivided, accompanied by evidence of ownership, which shall include copies of deeds, titles, or affidavit of ownership. Affidavit of ownership shall include the dates land holdings were acquired, book and page number where each conveyance to the present owner was recorded and the date the contract of sale was executed;
(3) Be accompanied by at least ten (10) copies of the sketch plat as described in these regulations and complying in all respects with these regulations;
(4) Be presented to the Building Commissioner with accompanied fees as established by Ordinance, including a deposit for professional service fees;
(5) The application shall contain an address and phone number of an agent who shall be authorized to receive all notices required by these regulations.
(6) Waiver authorizes Planner and appropriate Commissioners access to the property for the purpose of assessing compliance with these regulations.
(c) Classification and Approval. The Building Commissioner shall determine whether the sketch plat constitutes a major or minor subdivision and notify the applicant of the classification within twenty (20) days from the date that the sketch plat was submitted.
(1) Minor Subdivision. If the sketch plat constitutes a minor subdivision, the Administrator shall place the matter on the next available regular meeting agenda of the Planning Commission for formal approval, disapproval, or conditional approval of the sketch plat. The Planning Commission shall approve, conditionally approve, or disapprove the sketch plat within thirty (30) days from the Official Submission date. Subsequent to approval, conditional approval by the Planning Commission, the applicant may proceed directly to the filing of an application for approval of a final subdivision plat as provided in these regulations. If the sketch plat is disapproved by the Planning Commission the applicant may appeal to the Council as provided in Section 1365.15. The applicant shall have one year from the date the sketch plat is approved by the Planning Commission (or Council) to submit a final subdivision plat, after which time a new sketch plat must be submitted for approval.
(2) Major Subdivision.
A. Notice to Proceed - If the sketch plat constitutes a major subdivision, Building Commissioner shall issue a Notice to Proceed only if the sketch plat complies with all applicable laws governing the subdivision of land. The Notice to Proceed shall include, as appropriate, recommended changes in the sketch plat to be incorporated into the preliminary plat to assist the applicant in obtaining preliminary plat approval from the Planning Commission. If the Building Commissioner determines that the sketch plat does not comply with all applicable laws governing the subdivision of land and the applicant refuses to modify the sketch plat, the Building Commissioner shall issue a Notice of Noncompliance. The Building Commissioner shall issue either a Notice to Proceed or the Notice of Noncompliance not later then twenty (20) days after the date on which the sketch plat was submitted. After receipt of a Notice to Proceed, the applicant must first file an application for approval of a preliminary plat, as provided in these regulations, before filing for final subdivision plat approval.
B. Referral of Sketch Plat - If the Building Commissioner issues a Notice to Proceed, he shall transmit the sketch plat for review to appropriate officials or agencies of the City, adjoining municipalities, school and special districts, and other official bodies as he deems necessary or as mandated by law, including any review required by metropolitan, regional or state bodies under applicable state or federal law. The Building Commissioner shall request that all officials and agencies to whom a request for review has been made, submit their report to the Building Commissioner within thirty (30) days after the request. The Building Commissioner shall consider all reports submitted and shall submit a report to the Planning Commission upon the applicant's submission of a preliminary plat.
(Ord. 2004-40. Passed 5-24-04.)