§ 2.2. Procedure for approval of a preliminary plat and submission requirements.

A.

On reaching conclusions at the pre-application conference regarding a general development program and objectives, the subdivider shall prepare a preliminary plat which, together with improvement plans and other supplementary materials as specified shall be submitted to the City of Commerce with the filing fee as provided by separate ordinance and written application for conditional approval at least 21 days prior to the planning and zoning commission meeting at which it is to be considered. The preliminary plat shall be in accordance with the master plan including all adopted water, sewer, future land uses, and thoroughfare plans. The preliminary plat may be prepared by an engineer, land planner, surveyor, or other qualified individual.

B.

Copies of prints of the proposed subdivision drawn on sheets at a size of 24 inches by 36 inches and drawn to a scale of 100 feet or 50 feet to the inch (1″=100′ or 1″=50′) shall be submitted in the number of copies specified by the city. The required number of copies and any reductions shall be specified by the city staff on an application form. In cases of large developments which would exceed the dimensions of the sheet of 100 feet scale, preliminary plats may be 200 feet to the inch (1″=200′) or a scale approved by the city administrative official. Preliminary plats which do not include the required data, number of copies and information will be considered incomplete and not accepted for submission by the city and shall not be scheduled until the proper information is provided to the city staff. Additional copies of the preliminary plat may be required if revisions or corrections are necessary. A preliminary plat shall include all contiguous property under the ownership or control of the applicant. It may contain more than one phase which, if so, shall be clearly identified.

C.

Following review of the preliminary plat and other material submitted for conformity thereof to these regulations, and discussions with the subdivider on changes deemed advisable and the kind and extent of improvements to be installed, the planning and zoning commission shall, within a 30 day period after the submittal of such preliminary plat to the city, act thereon as submitted, or modified. If approved, the planning and zoning commission shall recommend its approval or state the conditions of such approval, if any, or if disapproved, its disapproval and reasons therefor.

D.

After the planning and zoning commission has made its recommendation, the preliminary plat shall be scheduled for the next possible city commission agenda. The city commission shall take action on the preliminary plat within 30 days of the planning and zoning commission action.

E.

Conditional approval of a preliminary plat by the planning and zoning commission and city commission shall be deemed an expression of approval to the layouts submitted on the preliminary plat as a guide for the future installation of streets, water, sewer, and other required improvements and utilities and to the preparation of the final or record plat. Except as provided for herein, approval of the preliminary plat shall constitute conditional approval of the final plat when all conditions of approval noted as provided in this section have been met. Any developer or subdivision agreements shall be approved prior to approval of the final plat.

F.

Standards for approval. No preliminary plat shall be approved by the planning and zoning commission or by the city commission unless the following standards have been met:

1.

The construction plans have been approved by the city engineer.

2.

Provision for installation and dedication of public improvements has been made.

3.

The plat conforms to applicable zoning and other regulations.

4.

The plat meets all other requirements of these regulations.

G.

For subdivisions less than five acres which contain only one lot, the requirement for a preliminary plat may be waived by the city manager or the designated administrative official if no public improvements are being proposed. See section 4 for additional requirements for plats where the requirement for dedication of land for parks or cash in lieu thereof is applicable.

H.

No construction work shall begin on the proposed improvements in the proposed subdivision prior to approval of the final plat by the planning and zoning commission and city commission. The applicant shall also provide copies of letters from applicable local utility companies stating that the utility company has reviewed the plat and state any requirements. This requirement may be deferred until the final plat is submitted if approved by the city manager or the designated administrative official. Any excavation prior to approval of the final plat shall be at the subdivider's risk.

I.

The required copies or prints of the proposed preliminary subdivision shall show the following:

1.

A vicinity or location map that delineates the location of the proposed preliminary plat in the city;

2.

Boundary lines, abstract lines, survey lines, corporate boundaries, existing or proposed highways and streets, bearings, and distances sufficient to locate the exact area proposed for the subdivision;

3.

The name and location of all adjoining subdivisions or property owners shall be drawn to the same scale and shown in dotted lines adjacent to the tract proposed for subdivision in sufficient detail to show accurately the existing street and alleys and other features that may influence the layout of development of the proposed subdivision; Adjacent unplatted land shall show property lines and owners of record;

4.

The location and widths of all streets, alleys and easements existing or proposed within the subdivision limits. Proposed street names are required to be shown on all new streets. Approved street names are required at the time the final plat is approved;

5.

The location of all existing property lines, existing lot and block numbers and date recorded, buildings, existing sewer or water mains, gas mains or other underground structures, easements of record or other existing features within the area proposed for subdivision;

6.

Proposed arrangement and square footage of lots (including lot and block numbers) and proposed use of same;

7.

The title under which the proposed subdivision is to be recorded, the name and address of the owner with the name of the planner, engineer, or registered public surveyor preparing the drawing. The subdivision name shall not be duplicated, but phasing identification is allowed. The city shall determine if the proposed subdivision identification will be in conflict with existing plats;

8.

Sites, if any, to be reserved or dedicated for parks, playgrounds or other public uses;

9.

Scale, north arrow, date and other pertinent data oriented to the top or left side of the sheet;

10.

Contours with intervals of two feet or less shown for the area with all elevations on the contour map referenced to the latest U.S.C. and G.S. data;

11.

Areas contributing drainage to the proposed subdivision shall be shown on the preliminary plat or separate map, if necessary. The information may be shown on a smaller scale supplemental drawing. Locations proposed for drainage discharge from the site shall be shown by directional arrows;

12.

All physical features of the property to be subdivided including location and size of all water courses, 100-year floodplain according to Federal Emergency Management Agency (F.E.M.A.) information, Corps of Engineers flowage easement requirements, ravines, bridges, culverts, existing structures, drainage area in acres or area draining into subdivisions, the outline of major wooded areas or the location of major or important individual trees, and other features pertinent to subdivision;

13.

A proposed construction plan of all utilities and infrastructure (including sizes) to be constructed in the subdivision shall be shown on a separate map. The proposed connections to distribution mains shall be indicated;

14.

Where a subdivision is proposed to occur in phases, the subdivider, in conjunction with submission of the preliminary plat, shall provide a schedule of development. The dedication of rights-of-way for streets and street improvements, whether on-site or off-site, intended to serve each proposed phase of the subdivision. The city commission shall determine whether the proposed streets and street improvements are adequate pursuant to standards herein established and may require that a traffic impact analysis be submitted for the entire project or such phases as the commission determines to be necessary to adjudge whether the subdivision will be served by adequate streets and thoroughfares.

15.

All preliminary plats shall be submitted in a legible format on a good grade blue line or black line paper;

16.

Proposed or existing zoning;

17.

The following notice shall be placed in the lower right-hand corner of the page of each preliminary plat by the developer:

"Preliminary Plat"

"Approved by the Planning and Zoning Commission"

Date ________

"Approved by the City Commission"           Date         

J.

Effect of approval. Approval of a preliminary plat by the city commission constitutes authorization for the property owner, upon fulfillment of all requirements and conditions of approval, to submit for approval an application for final plat approval.

K.

Extension and reinstatement procedure.

1.

Approval of a preliminary plat shall be effective for two years unless reviewed by the planning and zoning commission and city commission in the light of new or significant information which would necessitate the revision of the preliminary plat. If no development or change in requirements has occurred which would affect the proposed plat at the end of the two year period of an effective approval, the city commission may, at the request of the applicant, extend its approval another year without the submission of a new preliminary plat by reapproving the original preliminary plat. No filing fee is required for such reapproval.

2.

Sixty days prior to or following the lapse of approval for a preliminary plat, as provided in these regulations, the property owner may petition the city to extend or reinstate the approval. Such petition shall be considered at a public meeting at the planning and zoning commission and city commission.

3.

In determining whether to grant such request, the city commission shall take into account the reasons for lapse, the ability of the property owner to comply with any conditions attached to the original approval and the extent to which newly adopted subdivision regulations shall apply to the plat or study. The planning and zoning commission and city commission shall extend or reinstate the plat or study, or deny the request, in which instance the property owner must submit a new application for approval.

4.

The planning and zoning commission and city commission may extend or reinstate the approval subject to additional conditions based upon newly enacted regulations or such as are necessary to assure compliance with the original conditions of approval. The planning and zoning commission and city commission may also specify a shorter time for lapse of the extended or reinstated plat or study than is applicable to original approvals.