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15 <br />LA515\1\1066805.v2 <br />2. That the physical characteristics of the site, including, but not limited to, <br />topography, vegetation, susceptibility to erosion and siltation, susceptibility <br />to flooding, water storage, and retention, are such that the site is not suitable <br />for the type or intensity of development or use contemplated. <br />3. That the design of the subdivision or the proposed improvements are likely <br />to cause substantial and irreversible environmental damage. <br />4. That the design of the subdivision or the type of improvements will be <br />detrimental to the health, safety, or general welfare of the public. <br />5. That the design of the subdivision or the type of improvement will conflict <br />with easements on record or with easements established by judgment of a <br />court. <br />6. That the subdivision is premature as determined by the standards of this <br />title. <br />5. City council action. <br />1. The council shall act upon the preliminary plat after it has received a report and <br />recommendation from the planning commission and the city staff, or until 60 days <br />after the first regular planning commission meeting at which the request was <br />considered. The council shall have the option of receiving additional testimony if <br />it so chooses. An application for preliminary plat shall be approved or denied within <br />120 days from the date of its official and complete submission unless extended <br />pursuant to statute or a time waiver is granted by the subdivider. <br />2. If the preliminary plat is not approved by the council, the reasons for the action <br />shall be recorded in the proceedings of the council and transmitted to the applicant. <br />If the preliminary plat is approved, the approval shall not constitute final acceptance <br />of the layout. Subsequent approval will be required of the engineering proposals <br />and other features and requirements as specified by this title to be indicated on the <br />final plat. The council may require revisions in the preliminary plat and final plat <br />as it deems necessary for the public health, safety, general welfare, and <br />convenience. <br />6. Effect of approval. For one year following preliminary plat approval, unless the subdivider <br />and city agree otherwise, no amendment to the comprehensive plan or other official <br />controls shall apply to or affect the use, development density, lot size, or lot layout that <br />was approved by the city. <br />7. Effect of denial. If a preliminary plat application is denied by the city council, a similar <br />application for a preliminary plat affecting substantially the same property shall not be <br />considered again by the planning commission or city council for at least six months from <br />the date of its denial by the council. <br />8. Submission of final plat; request for extension. If the preliminary plat is approved by the <br />council, the subdivider must submit the final plat within 180 days after city approval, or <br />approval of the preliminary plat shall be considered void, unless a request for time <br />extension is submitted in writing and approved by the council. Such request for an <br />extension shall include the following: <br />1. An explanation for why a final plat has not been applied for; <br />2. What, if any, good faith efforts have been made to complete the platting process; <br />and <br />3. The anticipated completion date; and