(A) Application. Upon completion of the pre-application procedures, the subdivider shall file with the Commission a completed subdivision application form and preliminary plat data as required in this code in such form and content as required by the Commission.
(B) Combining both preliminary and final plats. The applicant may also request that the subdivision application be processed as both a preliminary and final plat if the following exists:
(1) The proposed subdivision does not exceed ten lots;
(2) No new street dedication or street widening is involved;
(3) No major special development considerations are involved, such as development in a floodplain, hillside development, or the like; and
(4) All required information for both the preliminary plat and final plat is complete and in an acceptable form. A request to combine both preliminary plat and final plat into one application shall be acted upon by the Commission.
(C) Content of preliminary plat. The contents of the preliminary plat and related information shall be in such a form as stipulated by the Commission; however, any additional maps or data deemed necessary by the Commission may also be required. The subdivider shall submit to the Commission at least the following:
(1) Eight copies of the preliminary engineering plat of the proposed subdivision, drawn in accordance with the requirements hereinafter stated;
(2) Eight sets of preliminary engineering plans including a master utility map for streets, water, sewers, sidewalks, and other required public improvement maps. Said engineering plans shall contain sufficient information and detail to enable the Commission to make a preliminary determination as to conformance of the proposed improvements to applicable regulations, ordinances, and standards as outlined in this chapter;
(3) A written application requesting approval of the preliminary plat on a form prescribed by the Commission; and
(4) Appropriate information that sufficiently details the proposed development within any special development area, such as hillside, planned unit development, floodplain, cemetery, mobile home, large-scale development, hazardous and unique areas of development, including any known or potential conflict with any and all applicable ordinances.
(D) Requirement of preliminary plats. The following shall be shown on the preliminary plat submitted or shall be submitted with the same:
(1) The name of the proposed subdivision;
(2) The name, address, and telephone number of the subdivider(s), and the engineer or surveyor who prepared the plat;
(3) The name and address of all adjoining owners of property whether or not bisected by a public right-of-way as shown on record in the County Assessor’s office;
(4) The legal description of the subdivision;
(5) A statement of the intended use of the proposed subdivision, such as: residential single-family, two-family and multiple housing, commercial, industrial, recreational, or agricultural, and a showing of any sites proposed for parks, playgrounds, schools, churches, or other public uses. Requested zoning changes shall be outlined;
(6) A map of the entire area scheduled for development if the proposed subdivision is a portion of a larger holding intended for subsequent development;
(7) A vicinity map showing the relationship of the proposed plat to the surrounding area (one- half mile minimum radius, scale optional);
(8) The land use and existing zoning of the proposed subdivision and the adjacent land;
(9) Streets, street names, rights-of-way, and roadway widths, including adjoining streets or roadways;
(10) Lot lines and the dimensions and numbers of each, and the total number of lots by block;
(11) A site report as required by the South-Central Health District if wells or septic tanks are proposed;
(12) Any proposed or existing utilities, including, but not limited to, irrigation laterals, ditches, drainages, bridges, culverts, water mains, fire hydrants, electric power lines, television cable lines, and their respective profiles or indicated alternative methods;
(13) A copy of any proposed or existing restrictive covenants and/or deed restrictions, or if none, a statement that none are proposed;
(14) Any dedications to the public and/or easements together with a statement of location, dimensions, and purpose of such;
(15) Any additional required information for special developments as specified in this chapter;
(16) A statement as to whether or not a variance will be requested with respect to any provision of this chapter describing the particular provision, the variance requested, and the reasons therefor; and
(17) At the Commission’s or Council’s request the subdivider shall show contours at five-foot intervals where land slope is greater than 10% and at two-foot intervals where land slope is greater than 10% or less, with an established bench mark, including location and elevation.
(E) Fee. At the time of submission of an application for a preliminary plat a nonrefundable fee shall be paid as set by resolution of the City Council. There shall be no additional fee for the combining of the preliminary and final plats.
(F) Submission requirements. The subdivider shall submit eight copies of the preliminary plat and required supplemental material, along with the required fee to the Commission at least ten days prior to the regular Commission meeting. The submission shall also be in such form as prescribed by the Commission.
(G) Public notification.
(1) Notification to property owners. The subdivider shall notify all adjoining property owners of the Council’s meeting by written notification and posting of the subject land under consideration. Such written notification and posting shall be mailed at least 15 days prior to the Commission meeting.
(2) Failure to notify. The failure of the subdivider to comply with the notification provision shall invalidate the Commission’s action.
(H) Commission action.
(1) At the next regular Commission meeting subsequent to public notification, the subdivider shall present the preliminary plat for action. The Commission may recommend that the preliminary plat be approved, conditionally approved, disapproved, or tabled for additional information. Such action will occur within 30 days of the date of the regular meeting at which the plat is first considered. The action and the reasons for such action shall be stated in writing by the Commission and forwarded to the applicant.
(2) The Commission shall also forward a statement of the action taken and the reasons for such action together with a copy of the preliminary plat to the Council for their action.
(I) Council action.
(1) At the next regular Council meeting subsequent to the Commission’s recommendation to the Council, the subdivider shall present the preliminary plat for action. The Council may approve, approve conditionally, disapprove, or table the preliminary plat for additional information. Such action shall occur within 30 days of the date of the regular meeting when the preliminary plat was submitted to the Council.
(2) If the Commission’s conclusion is favorable to the subdivider’s request and the recommendation from the Commission is that the submission be considered as both a preliminary plat and a final plat, then the recommendation shall be forwarded to the Council in the same manner as herein specified for a final plat. The Commission may recommend that the combined application be approved, approved conditionally, disapproved, or tabled for additional information.
(J) Appeals.
(1) Any person who appeals in person or writing before the Council may appeal in writing the decision of the Commission relative to any action taken by the Council.
(2) Such appeal must be submitted to the Council within ten days from such Commission action.
(K) Approval period.
(1) Failure to file and obtain the certification of the acceptance of the final plat application by the developer within one year after action by the Council shall cause all approvals of said preliminary plat to be null and void unless an extension of time is applied for and granted by the Council prior to the expiration date.
(2) In the event that the development of the preliminary plat is made in successive contiguous segments in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of one year or less, may be considered for final approval without resubmission for preliminary plat approval, providing each contiguous segment qualifies as a subdivision as specified herein.
(Ord. 2006-01, passed - -2006)