The proposed preliminary subdivision plan shall
be based on the approved concept subdivision plan. The proposed preliminary
subdivision plan shall be submitted to the City for review within
12 months of concept plan approval or approval of the concept plan
will automatically expire and the proposed subdivision must then be
resubmitted for concept plan approval. The Commission, at its discretion,
may grant a request for an extension of time to submit the preliminary
subdivision plan if the developer proves there are extenuating circumstances
preventing a presentation within that twelve-month period.
Whenever any one or a combination of the requirements of §
180-22 are not met or any such facility or facilities are deemed inadequate by the state, county, City or their hired agent, the Commission shall deny or defer the approval of the preliminary subdivision plan until such a time as those inadequacies are provided for or assured. The Commission may, in its discretion, recommend to the Council that an exception for approval be made. If a recommendation for an exception is made by the Commission, the approval or disapproval of the proposed plan will be deferred until the Council makes a determination. The Council shall hold a hearing promptly after the recommendation and render a decision at the first Council meeting following the hearing. The Council may either grant the exception recommended by the Commission, grant the recommended exception subject to certain conditions, which it may impose, or deny the exception. If the Council denies the exception, the Commission shall disapprove the plan. If the Council grants the exception subject to conditions, the Commission has the discretion to approve the plan with the conditions as set by the Council or disapprove the plan. If the Council grants the exception with no conditions, the Commission shall approve the plan.
The staff of the Commission shall submit its
findings and recommendations, together with those of other agencies
concerned with subdivisions of land, to the Commission at such time
as the preliminary subdivision plan is submitted for review. In accordance
with these regulations, the Commission shall approve or disapprove
the preliminary subdivision plan or may approve it with modifications
or conditions. In the event that disapproval or approval with modifications
or conditions is the action of the Commission, a statement in writing
shall be furnished by the Commission to the developer indicating the
provisions with which the developer must comply.