§ 153.038 PRELIMINARY PLAT APPROVAL.
   (A)   The procedure for preliminary plat approval:
      (1)   Whenever a preliminary plat is proposed, the developer shall submit three blueline or computer aided design (CAD) copies at a minimum scale of 100 feet to an inch. The preliminary plat shall be submitted to the Zoning Administrator, a minimum of seven days prior to the Planning Commission meeting. The Planning Commission reserves the right to waive the minimum submission date;
      (2)   The Planning Commission shall review the preliminary plat for consistency with the standards set forth in this chapter. After the preliminary review, a public hearing shall be set and held for due consideration of the plat by the Planning Commission and for public review and input;
      (3)   A notice of public hearing shall be given at least once, ten days in advance by publication in a legal newspaper;
      (4)   Written notice of the public hearing shall be sent to the applicant, agent and all owners of real property lying within 150 of feet of the property for which plat(s) is sought;
      (5)   The public hearing shall be held. Any party may appear in person, or by agent or attorney;
      (6)   Following a public hearing and after due consideration of the preliminary plat, the Planning Commission shall transmit all copies of the preliminary plat to the City Council, together with its recommendations, within 60 days after receipt of the complete and correct plat thereof. Said recommendations shall include approval, disapproval or suggestions for modification and the reasons thereof, and a report of the affect of said plat with regard to the city comprehensive plan;
      (7)   Said recommendations shall be of an advisory nature only. If the Planning Commission does not act within 65 days of receipt of the complete and correct plat from the Zoning Administrator, the preliminary plat shall be deemed to have received a favorable recommendation in all respects, and shall receive due consideration by the City Council;
      (8)   The Planning Commission shall forward all copies of the preliminary plat to the City Council for public hearing and review;
      (9)   Notice of public hearing shall be given at least once, ten days in advance by publication in a legal newspaper;
      (10)   Written notice of the public hearing shall be sent to the applicant, agent and all owners of real property lying within 150 of the property for which plat(s) is sought;
      (11)   A notice shall be posted in a conspicuous place on or near the property upon which action is pending. Such notice shall be not less than 17 inches in height and 11 inches in width with a white background and black letters not less than one inch in height. Such posted notice shall be so placed upon such premises that it is easily visible from the nearest public access point and shall be so posted at least ten days before the date of such hearing. It shall be unlawful for any person to remove, mutilate, destroy or change such posted notice prior to such hearings;
      (12)   The public hearing shall be held. Any party may appear in person, or by agent or attorney;
      (13)   Following a public hearing and due consideration of the preliminary plat, the City Council shall approve, disapprove or modify the recommendations of the Planning Commission. The Council may impose requirements, grant waivers or variances, in conformance with this chapter, as deemed necessary and appropriate for final approval;
      (14)   The action of the City Council, together with all modifications, requirements, variances and reasons thereof, shall be noted on all copies of the preliminary plat;
      (15)   One copy shall be returned to the developer, one copy relayed to Planning Commission, and one copy retained by the Zoning Administrator;
      (16)   Approval of the preliminary plat by the City Council shall indicate approval of the development concept only, and does not constitute an acceptance or approval of the subdivision plat; therefore, no building permits shall be issued on the approval of the preliminary plat; and
      (17)   The approval of the preliminary plat shall lapse unless a final plat, based thereon, is submitted within two years from the date of such approval. An extension of time may be applied for by the developer, in writing along with the reasons for the request, and granted by the City Council.
   (B)   The preliminary plat shall meet the standards of design as set forth in §§ 153.055 through 153.061 and shall include the following information:
      (1)   The proposed name of the subdivision;
      (2)   The name shall not duplicate, be the same in spelling or alike in pronunciation with the name of any other recorded subdivision, unless it is an extension of or adjacent to said subdivision;
      (3)   The names of all adjacent subdivisions, location of all lot and block lines, easements, dedications, rights-of-way and adjoining unplatted property shall be labeled as such;
      (4)   Vicinity map to scale showing the location of the preliminary plat and all other property within 660 feet in every direction, including those across streets, streams, rights-of-way or similar delineations;
      (5)   The names, addresses and telephone numbers of the owner, developer and surveyor;
      (6)   The legal description and notations stating acreage, scale, north arrow and date of survey;
      (7)   A systematic lot and block numbering pattern, lot lines and street names, consistent with city and county patterns;
      (8)   Location of property lines, streets, alleys and existing utilities with size of lines, underground installations and other significant features;
      (9)   Current zoning on affected lands, as well as all adjacent property, including those across streets, streams, rights-of-way or similar delineations;
      (10)   Zoning for proposed subdivision;
      (11)   Contours at slope intervals of not greater than two feet; also, the locations of watercourses, bridges, wooded areas and such other topographic features as may be pertinent of the subdivision;
      (12)   Proposed easements, dedications and reservations of land to be considered for sale or dedication to public use;
      (13)   Copies of proposed deed restrictions or covenants, if any, shall be attached to the preliminary plat;
      (14)   Location of proposed culverts, storm sewers, retention basins, buffers and other drainage provisions. Calculations for quantity and flow rate supporting culvert size and location shall be included with statement of impact on future drainage;
      (15)   The existing and future drainage patterns for the area should be generally shown along with any proposed cut and fill operations which may alter the existing drainage patterns for direction, quantity or flow rate; and
      (16)   Notations should be made on the plat regarding the location of the nearest available sewer and water connections, the direction of the proposed sanitary sewer flow, availability of capacity and the necessity for any lift stations.
(Prior Code, § 15.03.04) (Ord. 748, passed - -) Penalty, see § 153.999