(A) Applicability. The major subdivision procedures apply to all subdivisions which are not approved or eligible for approval under the administrative or minor subdivision procedures.
(B) Stages in the approval process. The approval process for major subdivisions consists of three stages: The preapplication stage, the preliminary plat approval stage, and the final plat approval stage. The administrative official, in its discretion, may waive the preliminary plat and final plat stages and allow them to occur concurrently upon written request of the developer and recommendation of the development review team. This shall be known as the concurrent plat approval procedure.
(C) Pre-application procedures.
(1) (a) Before filing an application for preliminary plat approval, subject to the suggestion of the Administrative Official, the applicant shall meet with the Development Review Team (DRT) regarding general requirements and issues relating to the proposed subdivision.
(b) DRT members will reserve time, as set by resolution of the City Council, for DRT project review and meetings with project representatives.
(c) Applications will be due seven days prior to the meeting date desires by the project representative, subject to date and time availability of city staff at the discretion of the administrative official.
(2) No later than three calendar days prior to the pre-application meeting, the applicant shall submit an approved electronic format concept plan. The concept plan shall include:
(a) An aerial location map showing the relationship of the proposed subdivision to existing and proposed streets, public facilities, special flood hazard areas, waters of the United States, wetlands, airport runway protection zones (if applicable) and any other features or areas which may affect the development; and
(b) A schematic plan illustrating the proposed layout of streets, lots, blocks, public utilities, stormwater treatment facilities and other features and their relationship to existing and proposed site topography for the total proposed development area.
(3) Within ten working days following the pre-application meeting, the administrative official shall inform the applicant of the consistency of the concept plan with the objectives and policies of the city’s Comprehensive Development and Long-Range Transportation Plan and Chapter 151 and this Chapter 152.
(4) The DRT meeting does not require a formal application or payment of a fee.
(D) Preliminary plat application.
(1) After the DRT meeting, except for a concurrent plat approval procedure, the following requirements shall apply. The applicant shall prepare and submit an application for preliminary plat approval. The application for preliminary plat approval shall be submitted electronically through the city’s website application submittal platform. The application shall consist of a form established by the Engineering Department; the supporting documents required for major subdivisions in the table in division (F)(4) below; a commitment to enter into a subdivision agreement set forth in division (D)(2) below; a certificate of title prepared by a state licensed, registered abstractor verifying the ownership of said property, all lienholders and real estate tax payment status; and payment of a fee set by resolution. Upon receipt of all items required for said application as set forth herein as determined by the Administrative Official, the application shall be placed on the next available Planning Commission Agenda.
(2) The preliminary plat application shall include a draft of a development agreement on a form provided by the administrative official following a format established by the Engineering Department. The development agreement, among other things, generally establishes the responsibilities of city and subdivider, including financing of public improvements; the nature of performance bonds and guarantees that the developer will offer; the maximum amount of bonded indebtedness to be incurred if public improvements are financed through an improvement district as provided in state law and other matters as identified by the administrative official for said development. Applicants shall request the draft development agreement a minimum of seven days prior to submittal. This request must follow the must follow the DRT meeting.
(3) (a) After submission of a complete application for a preliminary plat, the administrative official and staff shall review the application. if the application submittal is not complete, staff review will not proceed.
(b) The applicant at time of the application shall include a written request to waive any subdivision requirements, if any. As part of the review, the developer will circulate the application to local utilities, the school district in which the subdivision is located, public safety agencies and any other applicable provider of public services. The developer shall furnish the administrative official with proof that a copy of the preliminary plat was delivered to the affected school district and local utilities along with any responses which may affect the plat.
(c) The applicant will be allowed time to provide additional information after staff review of the preliminary plat application. Such additional information must be provided a minimum of 13 calendar days before the Planning Commission Meeting in order to meet the required publication deadline. Failure to provide the required additional information may result in the application being continued to a future meeting.
(d) The administrative official shall submit a written recommendation for action to the Planning Commission.
(4) (a) The Planning Commission, following at least ten days published notice, shall hold a public hearing on each major subdivision and, following such public hearing, shall take action on the application. The Planning Commission may recommend approval, conditional approval or denial of the preliminary plat to the City Council.
(b) Following action by the Planning Commission, the Commission shall submit minutes summarizing the Commission’s action to the City Council.
(c) The City Council, upon receipt of the recommendation of the Planning Commission, shall take action on the application.
(d) Approval of a preliminary plat by the City Council shall not constitute approval of a final plat. The approval shall be considered an expression of conditional approval to guide the preparation of a final plat, to be considered subsequently by approving authorities. The preliminary approval shall confer upon the applicant the following rights:
1. The general terms and conditions under which the plat was approved will not change;
2. The applicant may submit for approval a final plat for the whole or a part of the preliminary plat on or before the expiration date of the preliminary approval;
3. The preliminary plat approval shall stay in force for a period of two years from the date of approval by the City Council. The City Council may, at its discretion, establish a longer effective date for the preliminary plat approval. The City Council also may grant extensions to the effective period of a preliminary plat; and
4. The final plat may be submitted in phases. The initial phase of the final plat must be submitted according to the effective dates established in division (D)(4)(d)3. above. In the event of a phased subdivision if indicated by the developer at the time of submission and included in the initial phase development agreement, the initial preliminary plat approval remains effective for a period not to exceed five years, unless otherwise extended by the City Council.
(E) Final plat application process.
(1) Application requirements are as follows.
(a) Except for a concurrent plat approval procedure, the applicant shall prepare and submit an application for final plat approval within two years of the preliminary plat approval unless an extension has been granted by the City Council. The application for final plat approval shall be submitted through the city’s website application submittal platform. Upon receipt of all items required for said application as set forth herein, the application shall be placed on the next available Planning Commission agenda. In order to attempt for the final application to be considered the next month after the preliminary plat obtained approval, the application submittal shall be at least 19 calendar days before the Planning Commission meeting. Meeting this submittal deadline does not guarantee placement on the next Planning Commission agenda as it is subject to receipt of all items.
(b) The application shall consist of a form established by the Engineering Department; the supporting documents required for final plat approval of major subdivisions the table in division (F)(4) below; a final subdivision agreement as required by division (E)(1)(b) below; a final plat of all lots, blocks and parcels that are affected by the application prepared by a state licensed surveyor, and payment of a fee, the amount of which shall be determined by the City Council.
(c) Upon receipt of all items required for said application as set forth herein, the application shall be placed on the Planning Commission agenda. The applicant shall notify the board of education of each school district in which the subdivision is located of the Planning Commission meeting at which such plat is to be considered and shall further submit a copy of the proposed final plat to the Board of Education at least ten days prior to such meeting. The developer shall furnish the administrative official with proof that a copy of the final plat was delivered.
(2) The final plat application shall include the final development agreement to be executed between the city and the applicant. The terms of this agreement shall be acted upon with the action on the final plat. The developer’s attorney shall work with the city’s attorney to obtain approval. Developer signature of the final development agreement must be obtained and to the city no later than six calendar days prior to the Planning Commission meeting acting on the final plat.
(3) Final plat review procedures shall follow the following steps.
(a) After submission of a complete application for a final plat, the administrative official and staff shall review the application. This includes the mutual approval of the final development agreement between the developer’s attorney and city attorney, including the developer’s signature and notary, resolution and deed of dedication.
(b) The applicant will be allowed time to provide additional information after staff review of the final plat application. Such additional information must be provided 13 calendar days before the Planning Commission Meeting in order to meet the advertisement deadline. Failure to provide the required additional information may result in the application being continued to a future meeting.
(c) The administrative official shall submit a written recommendation for action to the Planning Commission.
(4) The development agreement shall specify the amount of the performance bond for public improvements to be filed prior to receiving final plat approval or, alternatively, shall contain a statement that required improvements have been satisfactorily completed. The performance bond, if required, must be presented in a form satisfactory to the City Attorney prior to final approval of the subdivision.
(5) The applicant shall be responsible for preparing and furnishing in proper form a resolution approving said final plat for execution by the city, and if said addition is being brought into the corporate limits of the city or includes any dedication of public right-of-way or easements, said applicant shall prepare and furnish in proper form a deed of dedication for said addition, along with a resolution accepting the same, for execution by the city. The developer’s attorney shall work with the City Attorney to obtain approval.
(6) (a) The Planning Commission, following transmittal of the written recommendation of the administrative official, shall hold a public hearing to review the final plat for consistency with the approved preliminary plat and for compliance with the Chapter 151 and this Chapter 152 and other applicable local, state or federal statutes and regulations. Unless the Planning Commission agrees to recommend approval of said plat subject to contingencies, all deficiencies or contingencies or changes identified through the preliminary plat approval process are required to be made prior to the Planning Commission meeting or need to be addressed in the subdivision agreement. Developer signature of the final deed of dedication must be obtained and submitted to the city no later than six calendar days prior to the City Council meeting acting on the final plat. If the final plat meets all requirements of the Chapter 151 and this Chapter 152, has satisfied all requirements of the Engineering Department, has met the conditions, if any, upon which preliminary plat approval was based and is substantially consistent with the terms of the preliminary plat approval, the Planning Commission shall have no recourse but to recommend approval of the final plat. If the Planning Commission finds in its review that the submitted final plat is not substantially consistent with the preliminary plat, it shall take action to recommend approval or denial to the City Council.
(b) Following such public hearing, the Planning Commission shall submit minutes on the final plat to the City Council. If said addition is adjoining or contiguous to the corporate limits, then following said public hearing, the Planning Commission shall hold a separate public hearing for which at least ten days published notice must be given, on the inclusion of the addition within the corporate limits. Following such public hearing, the Planning Commission shall take action to recommend approval or denial thereof to the City Council.
(c) The City Council, following at least ten days published notice, shall hold a public hearing on each final plat and on the development agreement. Following such public hearing, the City Council shall take final action by way of resolution on the application. Any contingencies, deficiencies or changes attached to the preliminary plat approval and/or requirements of the Engineering Department must be completed prior to the final plat approval. If said addition is adjoining or contiguous to the corporate limits, then following said public hearing on the final plat, if the final plat is approved, the City Council shall hold a separate public hearing for which at least ten days published notice has been given, on the inclusion of the addition within the corporate limits. Following such public hearing, the City Council shall take final action by way of resolution.
(d) The City Council is further empowered to grant waivers of a section of the this section after a waiver request has received a recommendation from the Planning Commission.
(F) Filing the final plat.
(1) Following City Council approval of a final plat that received a prior recommendation from the Planning Commission, the Chair of the Planning Commission and the Mayor shall sign the final plat which shall be a reproducible mylar of the subdivision plat.
(2) Applicant shall provide an electronic version of the final plat in an approved electronic format within four calendar days of the City Council approval.
(3) Applicant shall provide the city a complete signed original, reproducible final plat within 14 calendar days of City Council approval.
(4) The subdivider must file the plat with the County Register of Deeds along with all applicable covenants and other documents within 90 calendar days of the execution of the plat by the Chair of the Planning Commission and the Mayor in accordance with state statute.
Application Requirements | |||||
Administrative Subdivision | Minor Subdivision | Major Subdivision | |||
Application Requirements | |||||
Administrative Subdivision | Minor Subdivision | Major Subdivision | |||
Preliminary | Final | ||||
Environmental Information | |||||
All existing waters of the United States, floodways and floodplain within 200 feet; FIRM map designations | X | X | X | X | |
Existing ROW’s and easements adjoining the subdivision | X | X | X | X | |
Floodplain development permit | X | X | X | ||
Loup River levee or Lost Creek flood control within 500 feet | X | X | X | ||
Topography adequate to provide one-foot contours in city approved vertical datum no assumed datum). Spot elevations on critical features and grid topography | X | X | |||
Grading and Drainage Plan (Separate Plan Sheet) | |||||
Drainage calculations including from off-site area | X | X | |||
Existing site drainage system traveling through the proposed system | X | X | |||
Floodplain or floodway from latest Flood Insurance Rate Maps (FIRM) | X | X | |||
Proposed finish elevations of ditches/swales | X | X | |||
Proposed finish elevations of streets | X | ||||
Proposed finish grade elevations at each lot building setback | X | X | |||
Proposed site drainage system with elevation at end points | X | X | |||
Site plan topographic survey adequate to provide one-foot contours in city approved vertical datum (no assumed datum). Spot elevations on critical features. | X | X | |||
Stormwater treatment post- construction facility including elevations and special construction details | X | X | |||
Improvements and Construction Information | |||||
Easements as requested or required for all public and private utilities | X | ||||
Proposed block and lot numbers | X | X | X | X | |
Proposed roadway names | X | X | |||
Proposed utility infrastructure plans including water, sanitary sewer and stormwater management | X | ||||
Roadway and paving cross- sections | X | ||||
Special construction details as required | X | ||||
Plat Information | |||||
Additional information if requested by the administrative official and/or Planning Commission | X | X | X | X | |
Certifications and seals from licensed professional engineer or legal surveyor, as required by ordinance | X | X | X | ||
Draft development agreement | X | X | |||
Final development agreement, resolution and deed of dedication | X | X | |||
Identify planned or existing trail locations | X | X | |||
Proof of submission to all applicable utility providers | X | ||||
Proof of submission to the school district | X | X | X | ||
Written waiver request, if applicable | X | ||||
Submittal | |||||
Bonded copy of plat and electronic copy | X | ||||
Completed application | X | X | X | X | |
Electronic submittals | X | X | X | X | |
Initial submittal bonded copy of plat and electronic copy. Upon review, provide reproducible plat and updated electronic copy | X | X | X | ||
Payment of application fees | X | X | X | X | |
Submittal Requirements | |||||
Plat Information | |||||
Acreage of tract | X | X | X | X | |
All proposed lot lines, lot dimensions and lot areas in square feet; lot bearings | X | X | X | X | |
Appropriate certification block | X | X | X | X | |
Date of original and all revisions | X | X | X | X | |
Existing and proposed easements or land reserved for or dedicated to public use; existing and proposed ROW and trails | X | X | X | X | |
Key map | X | X | |||
Location, dimensions and names of existing and proposed streets | X | X | X | X | |
Monumentation | X | X | X | X | |
Name, email, mailing address of owner and applicant | X | X | X | X | |
Name, phone number, email, mailing address, signature, license number, seal and address of engineer, land surveyor, architect, attorney, planner and/ or landscape architect, as applicable, involved in preparation of plat | X | X | X (no legal surveyor signature required) | X | |
North arrow, date and graphic scale | X | X | X | X | |
Present and proposed zoning | X | X | |||
Proof that taxes are current | X | X | |||
Remaining property parcel layout of roadways and lots, upon request if applicable | X | X | |||
Signature block for administrative official and Clerk | X | X | |||
Signature blocks for Planning Commission Chair and Mayor | X | X | |||
Title block, denoting type of application, legal description in an approved electronic format and general location | X | X | X | X | |
(Ord. 23-09, passed 8-21-2023) Penalty, see § 152.999