§ 40-2. Procedure.
(a)
Submission and review.
(1)
Previous to the filing of a preliminary plat, the subdivider shall submit to the planning commission such data as is specified in section 40-5(a).
(2)
Within 14 days after the next monthly meeting of the planning commission, the city secretary shall inform the subdivider as to whether or not the data submitted meets the objectives of these regulations and the city's comprehensive plan.
(b)
Preliminary plat.
(1)
Having complied with subsection (a) of this section, the subdivider shall prepare a preliminary plat and supplementary data as specified in section 40-5(b).
(2)
Three copies of the preliminary plat and supplementary data specified shall be submitted to the planning commission with written application for conditional approval at least seven days prior to the meeting at which it will be considered.
(3)
After a review of the preliminary plat and supplementary material for conformity with these regulations and the comprehensive plan, the planning commission shall, within 30 days, act upon the submittal and shall express in writing to the developer by the city secretary its conditional approval with (or without) conditions of such approval, or shall express its disapproval and its reason therefor.
(4)
The action of the planning commission shall be duly noted on two copies of the preliminary plat. One copy shall be returned to the subdivision and one copy retained by the planning commission.
(5)
Conditional approval of a preliminary plat shall not constitute approval of the final plat. Rather, it shall be an expression of the layout submitted on the preliminary plat as a guide to the preparation of the final plat, which is to be submitted for approval to the planning commission and for recording upon fulfillment of the requirements of these regulations and the conditions of conditional approval, if any.
(6)
When a preliminary plat has been approved, the subdivider may thereafter file a final plat of the section or sections intended for immediate development. The remainder of the preliminary plat shall be considered approved or conditionally approved as provided above for a period of one year, and for such additional period as the council may elect. Where a preliminary plat has been approved and the subdivider fails to file a final plat of the subdivision or a section thereof within a period of three months, the approval of the preliminary plat shall be void.
(7)
All owners platting lands that lie within five miles of the corporate limits of the city and outside of the extraterritorial jurisdiction of the city shall comply with the provisions of Local Government Code ch. 212; but such persons shall not be required to otherwise comply with the provisions of the subdivision regulations of this Code.
(c)
Final plat.
(1)
The final plat shall conform substantially to the preliminary plat as approved, except that it may constitute only that portion of the approved preliminary plat which the developer proposes to record and develop at that time, providing that such sectioning is approved by the planning commission.
(2)
Application for approval of the final plat shall be submitted in writing to the planning commission at least seven days prior to the meeting at which it is to be considered.
(3)
Three copies of the final plat and other exhibits required for approval shall be prepared as specified in section 40-5(c), and shall be submitted to the planning commission within six months after approval of the preliminary plat; otherwise, such approval shall become null and void unless an extension of time is applied for and granted by the planning commission.
(4)
When the final plat is filed with the commission for approval, it shall be accompanied by the fees as established in section 14-15.
(Code 2003, § 9.102; Ord. No. 1969-8, § 2, 9-22-1969; Ord. No. 1976-7, 10-11-1976; Ord. No. 1980-2, 2-25-1980; Ord. No. 1982-5, § 2, 8-9-1982)