§ 21.15.115. Approval of subdivision plats—Action on preliminary plat.

A.

Review by platting officer. The platting officer, together with appropriate governmental agencies, shall review the submitted preliminary subdivision plat for completeness. If the plat does not meet the requirements of this chapter, the platting officer shall notify the subdivider and engineer by letter, stating the additional information required. If, after ten days, exclusive of Saturdays, Sundays and official holidays, the additional information is not submitted, the platting officer shall notify the subdivider and the surveyor the preliminary plat has been disqualified due to noncompliance with this chapter. A preliminary plat disqualified by the platting officer shall be deemed to have been acted upon by the platting authority.

B.

Approval or disapproval by platting authority. Subject to subsection C of this section, the platting authority shall take action on the preliminary plat within 90 days after the submission date, or shall return the plat to the applicant for modification or correction. The reasons for disapproval of a plat shall be stated upon the records of the platting authority.

C.

Referral to other agency. If the platting authority finds that:

1.

It cannot determine whether a preliminary plat conforms to the standards in section 21.75.010.A because a specific controlling land use, public facility or other public policy issue has not been resolved; and

2.

An official board, commission or legislative body of the municipality or another government has been identified as being responsible for resolving that issue;

upon an affirmative vote of six members, the platting authority may refer the issue to the responsible official, board, commission or legislative body and postpone action on the plat for a period not exceeding 90 days or to its next regular meeting after the responsible official, board, commission or legislative body responds to the referral, whichever occurs first.

D.

Approval period; time extensions.

1.

Notwithstanding any subsequent change in the subdivision regulations, zoning regulations and zoning districts, the approval of the preliminary plat, vacation or variance shall be effective:

a.

For at least 18 months and up to 60 months from the date of approval when it pertains to a development of no less than ten acres and includes a phasing plan and based upon the platting authority's evaluation of the size, complexity and phasing elements of the development.

b.

For 18 months from the date of approval when it pertains to a development of less than ten acres.

2.

The preliminary plat shall become null and void after the 18-month approval period unless an extension of time is granted by the platting authority. A request for a time extension must be made in writing by the subdivider. The extension request must be received by the platting officer prior to the expiration of the preliminary plat to be eligible for consideration by the platting authority.

3.

Such a time extension shall be granted only if the board finds that current conditions are substantially the same as those which existed when the preliminary plat was originally approved. The director of the department of community planning and development shall conduct the reevaluation for every extension request which does not raise the total time of extension for a particular plat beyond 18 months and present his findings to the board. Every extension request which raises the total time of extension for a particular plat beyond 18 months shall be evaluated in the same manner as an original plat application, including payment of the applicable fee, as provided in sections 21.15.110 and 21.15.115.

4.

Preliminary plats being finalized in portions or phases shall not be construed to automatically extend the original 18-month approval period. Such an extension may only be granted by the platting authority in accordance with the procedures set out in this subsection.

E.

Appeals. All decisions as to approval or disapproval of a preliminary plat by the platting authority shall be final unless appealed as provided by ordinance.

F.

Resubmittal following denial. A preliminary plat which has been denied by the platting authority shall not be accepted for rehearing for a period of one year following such denial if the platting officer feels that the proposed plat being resubmitted is essentially the same as that denied by the platting authority, or if no substantially new evidence or change in circumstances has occurred. If the developer insists on submitting a preliminary plat against the advice of the platting officer, the preliminary plat shall be placed on the agenda of the platting authority with a recommendation for disapproval.

(GAAB 21.10.030.B; AO No. 80-188; AO No. 85-22; AO No. 88-13; AO No. 89-82)