(A) Application filing.
(1) During the preliminary plat stage of the subdivision process, the general layout and design of the proposed subdivision is evaluated for compliance with all applicable regulations of this chapter. Preliminary plat review also allows for an analysis of natural resources and other physical constraints affecting the subject property.
(2) A request for preliminary plat review shall be submitted to the Community Development Department, along with eight copies of all required plats and plans in both print and electronic (in CAD format as approved by City Engineer and as a PDF) forms at least 21 days prior to the Planning and Zoning Commission meeting. If the proposed subdivision lies wholly or partly outside the corporate limits of the city, copies of the proposed plat shall also be filed with the County Zoning Department. A preliminary plat application shall be filed within 24 months of the date of the DRC meeting at which the concept plan for the subject subdivision was considered. If more that 24 months have elapsed since the DRC considered the concept plan, or if the concept plan is substantially changed, the applicant shall be required to reinitiate the subdivision process by submitting another concept plan application.
(3) It shall be the duty of the Building Inspector to post a sign on the premises proposed to be subdivided not less than ten days before the Planning and Zoning Commission meeting, giving notice of the hearing and the time and place of the meeting.
(B) Distribution of application; scheduling of DRC meeting. Upon receipt of a complete preliminary plat application, the Director of Community Development or his or her designee shall distribute copies of the preliminary plat and plans to members of the DRC and place the item on a DRC agenda following the review period. The Director of Community Development shall notify the DRC of the date, time and place of the scheduled DRC meeting.
Figure 152.264(B): Preliminary Plat
(C) DRC review. Following the DRC meeting, the Director of Community Development or his or her designee shall provide a written report to the applicant containing the comments of the DRC and instructions for proceeding with the subdivision process.
(D) Submission to Planning and Zoning Commission.
(1) After the DRC meeting, the revised preliminary plat shall be submitted that consists of an accurate map or plat designating specifically the land so laid out and particularly describing the lots, blocks, streets, avenues, alleys, public ways or other portions of the same intended to be dedicated for public use or for the use of the purchasers or owners of lots fronting thereon or adjacent thereto.
(2) The preliminary plat shall be submitted in both print and electronic (in CAD format as approved by the City Engineer and as a PDF) forms. Fifteen copies of the printed, revised preliminary plat shall be submitted, together with copies of any deed restrictions where the restrictions are too lengthy to be shown on the plat, for review by the Planning and Zoning Commission. If the proposed subdivision lies wholly or partly outside of the corporate limits of the city, it shall also be submitted to the County Zoning Department.
(3) The preliminary plat shall be drawn to a scale of 100 feet to one inch or larger (i.e., one inch equals 50 feet), from an accurate survey and on one or more sheets, whose maximum dimensions shall not exceed 24 inches by 36 inches.
(4) The Commission shall report its findings and recommendations in writing to the City Council for its consideration and approval or disapproval. However, if the proposed subdivision lies wholly or partly outside of the corporate limits of the city, the Council’s action on the preliminary plat shall not be final until the appropriate authorities of the county have approved it.
(6) If upon hearing the Commission shall find that the proposed plan does not satisfy the requirements of this DO, it shall specify in writing in the minutes of the hearing the objections as are found to the plan and may recommend approval conditioned upon specific changes in the proposed plan, removing the objections and further compliance with this DO.
(E) Information required.
(1) Identify the document as a preliminary plat;
(2) Identify the location by township, section and range;
(3) Provide a general location map;
(4) Indicate the total acreage of the subdivision as well as individual lots;
(5) Existing property lines, section lines, widths and names of streets, watercourses, property identification numbers (PINs) and other existing features within the area to be subdivided and similar information regarding land immediately adjacent thereto;
(6) Existing structures on the property and within 100 feet, with a clear indication of which structures that will remain and structures that will be removed. This information may be provided as a separate exhibit or included as a part of other required exhibits;
(7) Contours showing existing topography at not greater than one-foot intervals giving benchmarks with topographic data obtained from a field survey and the date in which the survey was conducted;
(8) The location of all existing trees greater than eight inches in diameter (as measured at four and one-half feet above the existing grade at the base of the tree) and the identification, size and condition of all trees being removed or impacted by development;
(9) The proposed layout, number and dimensions of streets, alleys, lots, easements and railroad right-of-way;
(10) The name(s) of the proposed streets;
(11) Existing sanitary and storm sewers, water mains, fire hydrants, culverts and other underground structures within the tract or on streets immediately abutting thereto; the location and size of the nearest water main and sewer outlet;
(12) The name of the proposed subdivision, the name of the registered land surveyor, and the name of owner(s) platting the tract. The subdivision name shall not duplicate the name of an existing subdivision in the county. However, phased subdivisions may share a common name if identified by phase;
(13) The north point, scale and date;
(14) The existing zoning district classification in the city and/or the county for adjoining lands and the land to be subdivided;
(16) A typical section for all proposed streets showing the entire right-of-way plans from property line to property line;
(18) Signed and sealed statement by a registered professional engineer (this state) that all proposed public improvements have been designed in accordance with this DO; and
(19) In addition to the requirements set forth above, the following supplementary documents or information shall be submitted:
(a) Written confirmation of adequate capacity from the City Sanitary District;
(b) Written confirmation from all utility companies accepting the proposed easement locations. Utility companies would include water, cable, electric, gas, sanitary sewer, storm sewer and telecommunications; and
(c) An exhibit showing the location of all existing structures with a clear indication of those that will remain on the property after the final plat is recorded.
(F) Approval.
(1) The City Council shall review the findings and recommendations of the Planning and Zoning Commission and shall approve, reject or approve with conditions the preliminary plat. However, if the proposed subdivision should lie wholly or partly outside the corporate limits of the city, the Council’s action on the preliminary plat shall not be final until the appropriate authorities of this county have approved it.
Figure 152.264(F): Preliminary Approval Certificate
(2) When approved, one printed and one electronic (in CAD format as approved by the City Engineer and as a PDF) shall be filed by the petitioner with the Community Development Department. This copy shall contain all required certificates of approval, including with the following approved certification shown thereon shall be dated and endorsed by the Mayor and attested to by the City Clerk. After City Council approval, no improvement shall be made to the property until proper bonds, letter of credit or check in the amount of the project engineer’s estimated improvement costs are provided as required in this section.
(G) Lapse of preliminary plat approval. An approved preliminary plat shall lapse and be of no further effect if a final plat for the subject subdivision is not approved by the City Council within two years of the date of the preliminary plat approval by the City Council. If the final plat approval is not received within this two-year period, the applicant shall be required to reinitiate the subdivision process at the pre-application conference stage. If the applicant does not receive final plat approval within the required two-year period, the applicant may file an extension request with the City Council. The request must be approved by City Council before the expiration date of the approved preliminary plat. The extension request shall state the reasons behind and the proposed length of the extension requested. In reviewing the time extension request, City Council shall consider the circumstances behind the extension request and the status of current regulations. There shall be no limit on the number of extensions that may be granted (for good cause shown) by the City Council.
(Ord. 10-3277, § 4-2.5, passed 1-4-2010; Ord. 12-3343, passed 1-23-2012; Ord. 17-3538, passed 2-6-2017; Ord. 20-3609, passed 4-6-2020)