Applications and documents are to be submitted and reviewed in four (4) steps. Each step shall be reviewed by the appropriate personnel and their recommendations shall be forwarded to and reviewed by the planning and zoning commission before any action shall be taken by that body. The steps in the approval process are as follows:
A. Step 1; Sketch Plan: Prior to subdividing any tract of land, a subdivider and his engineer shall comply with the following requirements:
1. Meeting: Obtain or possess a copy of the current subdivision ordinance and become completely familiar with all of its requirements. The subdivider and his engineer shall meet with the city planner and/or city engineer, who shall review the proposed subdivision with them to determine general appropriateness of the location, the zoning, the location of the nearest utilities and vehicle access, and advise the applicant regarding preparation of the documents required by this title. This meeting with the city planner and/or city engineer shall not relieve the subdivider of his responsibility to comply with all of the provisions of this title. The governing body, upon receipt of a recommendation from the planning and zoning commission, is the only authority that can waive, modify or vary the requirements of this title. (See section 10-4-9 of this title, conditional use permit.)
2. Submit Sketch Plan To Planning And Zoning Commission: Applicants shall submit a sketch plan to the planning and zoning commission, which shall enable the applicant and the planning and zoning commission to have an informal review of a proposed project for general scope and conditions which might affect the proposed project and/or the local area. The planning and zoning commission shall either approve or reject the sketch plan, with or without conditions. Items to be included in sketch plan are listed in section 10-5-5 of this title.
3. Plan Review: The sketch plan review procedure is as follows: The planning and zoning commission, or its authorized representatives, shall, upon receipt of the complete sketch plan submission, distribute copies of the plan to such governmental departments and other agencies for review and comment as in the opinion of the planning and zoning commission may contribute to a decision in the best interests of the public. The planning and zoning commission, or its authorized representative, shall review the sketch plan submittals for substantive content, for compliance with the master plan, ordinances and other regulations of the city. The planning and zoning commission, after completion of their review, shall notify the subdivider, in writing, of the sketch plan review findings, including approval or denial of the application, as well as reasons for denial, such as questionable design or engineering feasibility, inadequacy of submittals, noncompliance with local regulations, and the need for other information which may assist the planning and zoning commission to evaluate the proposed subdivision. If it is determined by the planning and zoning commission that the proposed development would violate local ordinances and regulations, no further review of the proposed development shall be made and it shall be returned to the subdivider with written notification. Other than mentioned above, the denial of the application for the sketch plan approval shall not constitute an absolute disapproval of the proposed development, but rather shall operate in such a manner as to give the subdivider guidance as to the requirements and constraints for development within the city. Once sketch plan approval is granted, the subdivider may proceed to step 2 and submit the preliminary plat. If the preliminary plat approval for a proposed development has not been obtained within one year of the date on which the sketch plan was approved, a resubmittal of the sketch plan shall be made to the planning and zoning commission and approved by them prior to filling an application for preliminary plat approval.
B. Step 2; Preliminary Plat: Submit preliminary plat to the planning and zoning commission and pay the required application and design review fees. The preliminary plat shall provide design solutions to problems identified in the approved sketch plan and ascertained during the design process. The planning and zoning commission shall either approve, conditionally approve or reject the preliminary plat. Conditional approval shall require the subdivider to resubmit a preliminary plat that has satisfied the conditions stated in the conditional approval.
1. Submission Of Preliminary Plat: At least two (2) weeks prior to the date of a regularly scheduled meeting of the planning and zoning commission, the subdivider shall submit fifteen (15) copies of the preliminary plat and all required supporting documents of the proposed subdivision to the city recorder, together with the required filing fees. Incomplete plats and supporting documents will be returned to the subdivider without action and will not be accepted for review until complete and resubmitted at least two (2) weeks prior to another regularly scheduled meeting of the planning and zoning commission.
2. Requirements: Plat requirements are included in section 10-5-6 of this title.
3. Documents: Plat and required supporting documents:
a. One copy of an application for approval of a preliminary plat and all other following required supporting documents.
b. A minimum of fifteen (15) copies of the preliminary plat.
c. One additional print is required when the property being subdivided abuts a state highway.
d. If services are to be provided by some agency other than the city, a letter is required from the municipality, district or other public agency which is to provide water and/or sewage service to the proposed subdivision. The letter should state that they have the required capacity and capability to provide the required service and include the conditions upon which the service will be provided.
e. A letter from each utility company involved addressed to the planning and zoning commission, stating that they have reviewed the plan and are setting forth their comments concerning the extent of services and the design of utility easements. The plan as approved by the utility company shall be initialed by an official of the company and furnished to the planning and zoning commission.
f. Statement of the estimated starting and completion dates for each phase of development, including the grading work proposed and any landscape work that may be required.
g. A certificate of title insurance for land to be dedicated to the city.
h. Trust agreement for perpetual care funds.
i. A copy of proposed protective covenants, articles of incorporation, association or condominium, bonds and guarantees.
j. Appropriate supporting documents showing that potable water will be available to the subdivider in the quantities required by this title.
k. Estimated construction cost and proposed method of financing of all improvements, including the streets and related facilities; water facilities; sewage facilities; storm drainage facilities; electrical distribution system; and all such other utilities as may be necessary.
l. Evidence that the applicant has sufficient financial capability and adequate control over the land to effectuate the proposed use. (Ord., 2-29-1996)
m. Names and addresses of owners within three hundred feet (300').
The city recorder shall issue a receipt to the subdivider for the preliminary plat application and supporting documents when it has been determined that the submission includes all of the requirements set forth in these regulations. The date of the planning and zoning commission meeting to review the plans shall be specified on the receipt, said date shall be not less than twenty five (25) calendar days, nor more than forty five (45) calendar days from the date of receipt by the planning and zoning commission.
4. Plat Review: The preliminary plat review procedure is as follows:
a. The planning and zoning commission, or its authorized representative, shall, upon receipt of the complete preliminary plat submission, distribute three (3) copies of the plat to the city engineer and one copy each to such other governmental departments and other agencies for review and comment as in the opinion of the planning and zoning commission may contribute to a decision in the best interests of the public. One print shall be delivered by the planning and zoning commission staff to each of the following for the information and recommendation: school district, fire department and to each company or agency furnishing water, sewage collection and treatment, electric, gas and telephone service. Each district, department, company or agency shall be requested to review the plat and the site, and prepare recommendations concerning feasibility of providing services and the placement of easements. The district, department, company or agency may sketch recommended alterations on a copy of the plat and return that copy with comments directly to the city recorder at least fifteen (15) calendar days in advance of the proposed presentation of the preliminary plat to the planning and zoning commission. The city recorder shall promptly furnish all data received to the city engineer for inclusion on his copies of the preliminary plat. Failure of any of the recipient departments or agencies to respond to the planning and zoning commission with comments concerning the development within fifteen (15) days of receipt of a copy of the preliminary plat from the planning and zoning commission shall be construed as indicating that such agency or department has no adverse concern with the proposed development. The planning and zoning commission shall consider the application for preliminary plat approval at its next regularly scheduled public meeting following the twenty five (25) to forty five (45) day review and processing period. The review and processing period shall be measured from the date on which the preliminary plat application is officially receipted. (Ord., 2-29-1996; amd. 2006 Code)
b. The planning and zoning commission shall approve those preliminary plats which the commission finds:
(1) To be developed in accordance with the intent, standards and criteria specified in this title, the zoning ordinance, the major street plan, the master plan, and all other applicable local regulations.
(2) To be in conformance with the approved sketch plan.
(3) That the development will not create a financial obligation for the city.
(4) That the development will not create an environmental impact which will adversely affect the health, safety and welfare of the inhabitants of the city.
c. The planning and zoning commission shall determine from the review of the preliminary plat the need for an environmental impact analysis, which would take into account the soil, slope, vegetation, drainage and other geological characteristics of the site. If development of the subdivision site requires substantial cutting, clearing, grading or other earth moving operations or will otherwise create, augment or expand an erosion or other geologic hazard, the planning and zoning commission shall require the subdivider to provide soil erosion, geological hazard and sedimentation control plans and specifications. Such control plans and specifications shall be prepared by a qualified professional with the cost of preparation of such plans and specifications being borne by the subdivider.
d. When the master plan indicates a public facility or facilities are to be located within the boundaries of the proposed subdivision, the subdivider shall reserve a site appropriate in area and location for such public facility. Such site shall be reserved by the subdivider for a period of not to exceed one year from the date of preliminary plat approval, to provide the appropriate public agency an opportunity to purchase the site. A determination by the planning and zoning commission to require such a reservation by a subdivider shall be made in writing and shall state the reasons for such requirements.
e. Within forty five (45) days after the date established as the commencement of the planning and zoning commission review period and at a regularly scheduled meeting, the planning and zoning commission shall approve, disapprove or approve with conditions the preliminary plat and notify the subdivider in writing of such action, or may postpone action to allow the subdivider time to provide additional material or information as needed by the planning and zoning commission.
f. At least seven (7) days prior to the planning and zoning commission meeting, the city recorder will notify the owners of property abutting the boundary of the proposed subdivision, by a written notice stating the time, date and place where the planning and zoning commission will consider giving preliminary approval to the subdivision. The subdivider shall provide the planning and zoning commission with the names of all persons to whom the notice is to be given. Failure of adjacent landowners to receive actual notice of meeting shall in no way affect the validity of the action taken.
g. The planning and zoning commission may approve or reject the preliminary plat, or conditionally grant approval. The planning and zoning commission's conditional approval shall include those written conditions necessary to cause the subdivision plat to be in compliance with the requirements of this title. Approval of the preliminary plat by the planning and zoning commission shall not constitute final acceptance of the subdivision by the planning and zoning commission. One copy of the approved preliminary plat with written conditions attached and signed by the chairperson of the planning and zoning commission shall be given to the subdivider and one copy to the city engineer. Receipt of this signed copy shall be authorization for the subdivider to proceed to step 3, and with preparation of plans and specifications for the minimum improvements required in this title, and with the preparation of the final plat. Prior to the construction of any improvements required in this title and prior to the submission of any guarantee, the subdivider shall furnish and receive approval of all plans, information and data necessary for subdividing the land and installing the improvements. The construction of buildings or improvements shall not begin until after recording of the final plat. The approval of the preliminary plat shall expire unless a final plat based thereon is submitted within one year from the date of such approval.
C. Step 3; Final Plat: Submit the final plat, construction drawings and supporting documents to the planning and zoning commission, accompanied with the appropriate design review fees. The final plat and drawings shall provide complete technical and engineering solutions in order that the land may be properly subdivided and all improvements located and constructed in compliance with this title and the construction standards of the city.
1. Submission Of Final Plat: At least two (2) weeks prior to the next established planning and zoning commission meeting, the subdivider shall submit at least three (3) copies of the final plat, construction drawings and supporting documents to the city recorder, together with the required design review fees. Plats, plans and supporting documents not received as required herein shall not be considered as accepted until the next regularly scheduled planning and zoning commission meeting. Incomplete plats, plans and supporting documents will be returned without action and shall be considered as having received a preliminary review. The date of the regularly scheduled planning and zoning commission meeting at which the final plat and supporting documents are officially received shall be the starting date for the review period.
2. Plat Preparation: The final plat, covering all or part of the subdivision, as approved by the planning and zoning commission in step 2, shall be prepared and certified to by a licensed engineer and/or land surveyor not in the employ of the city, in conformance with the design standards contained herein. The final plat, plans and supporting documents must be submitted within one year from the date of preliminary plat approval unless the time is, in writing, extended by the planning and zoning commission. Otherwise, such approval shall be deemed to have lapsed, and the subdivider shall revert to reapplication to the planning and zoning commission.
3. Phase Development: Final plat approval may be granted on less than the entire project covered by the preliminary plan approval. Final plat approval on projects containing more than twenty five (25) lots shall be done in phases, except as provided herein. Each phase shall consist of the number of lots which can be completely developed with both off site improvements within a two (2) year period. The development of the project shall be in an orderly manner and in such a way that all the phases will be contiguous. The required improvements will be made available for the full, effective and practical use and enjoyment thereof by the lessees or the grantees of any of the lands within the subdivision. When the off site improvements have been one hundred percent (100%) completed within the boundaries of the recorded plat of any phase and approved by the city engineer, and on site improvements are seventy percent (70%) completed, the subdivider may submit the next phase of the proposed subdivision in accordance with the rules and regulations of this title. A final plat including more than twenty five (25) lots will be accepted only upon the submission of qualified evidence indicating that the market absorption rate is such, and the financial ability of the subdivider is such, that the off site improvements for all lots in such final plat will be completed within two (2) years, and that on site improvements will be competed on at least seventy percent (70%) of the lots within two (2) years of such approval.
4. Distribution And Review: The planning and zoning commission shall circulate for comment and review copies of the final plat to all departments of the city, the city engineer, the city attorney, and any special purpose district, including school districts. The city engineer shall approve or disapprove the plat within thirty (30) days after the plat is submitted to the planning and zoning commission. If he disapproves, he shall state in writing to the planning and zoning commission the reasons for the disapproval. The planning and zoning commission shall have sixty two (62) calendar days after the plat was received from the subdivider to approve or disapprove the plat. If the planning and zoning commission disapproves the final plat it will so notify the subdivider in writing which states that the plat has been disapproved and the reasons therefor. The reason for rejection of a final plat shall be its nonconformance to adopted rules, regulations, ordinances and state laws currently in force and affecting the land and its development, its lack of conformance with the approved preliminary plat or technical inaccuracies.
5. Approvals By Planning And Zoning Commission, City Engineer And City Attorney:
a. The planning and zoning commission shall approve the subdivision if it finds that the subdivision complies with the physical development standards of this title, the zoning ordinance, the laws of the state and the rules and regulations promulgated pursuant thereto, and that the subdivision will have adequate fire protection; all of the essential facilities; an adequate water supply with individual, public or private supplies and, if public or private, that the addition of the subdivision will not decrease the pressure in the culinary water system at any point within the city or subdivision to less than forty (40) pounds per square inch; that the subdivision will have an approved sewage disposal method or system and will not cause the existing sewer system to exceed its capacity to deliver or treat sewage; that the traffic created thereby will not unduly congest existing traffic; that it will not create a substantial burden on the school districts or create a financial obligation on the city.
b. The city engineer shall approve the final plat if he finds that the subdivision and proposed improvements comply with the minimum requirements of this title, that the survey description is correct and that the easements are appropriately located.
c. The city attorney shall approve the final plat if he finds that:
(1) There is a current title opinion from a licensed title company showing that the person dedicating the property described on the final plat is the title owner as shown on the records of the county recorder of the county in which the subdivision is located.
(2) The bond, escrow, letter of credit, trust deed or the agreement deposited with the city recorder is in appropriate form and signed by the necessary parties.
(3) That the subdivider has executed an agreement signed by the property owners adjacent to a protection strip in a form sufficient for recordation in the office of the county recorder.
(4) That the subdivider has executed the subdivision agreement required by this title.
(5) That the subdivision does not, in his or her opinion, violate any ordinance of the city or the laws of the state, or the rules and regulations promulgated pursuant thereto.
6. Certification Of Approval; Required Signed Instruments: The planning and zoning commission shall review the final plat at a regularly scheduled public meeting. If the final plat and all supplementary data complies with the applicable requirement of these regulations and the requirements of the approved preliminary plat, the planning and zoning commission shall certify approval of the plat providing the following instruments are properly signed and dated:
a. Surveyor's certificate.
b. Owner's dedication.
c. Notary and/or corporate acknowledgements.
d. City engineer's approval.
e. City attorney's approval.
The planning and zoning commission shall either approve or reject the final plat. Conditional approval shall not be given.
7. Notification Of Action To Governing Body: Within ten (10) days after review of the final plat at the public meeting, the planning and zoning commission shall send written notification of its review and official action taken to the governing body. This notification shall specify the modifications of the final plat, if any, which were made incidental to approval of such plat by the planning and zoning commission.
D. Step 4; Governing Body Approval: Following final plat approval, the planning and zoning commission shall forward the approved final plat to the governing body for review. The applicant shall appear before the governing body to answer any questions. The governing body shall either approve or reject the final plat if it finds that all other persons required to approve the plat have given their approval and that the final plat meets all of the requirements of the ordinances and that all fees and assessments have been fully paid. Acceptance of dedication of proposed public lands or streets, or street rights of way in an approved final plat can be made only by the governing body. Final plat approval by the governing body will be deemed an acceptance of dedication, unless streets and other public spaces are shown as "not intended for dedication", or unless the governing body expressly repudiates the presumed dedication. The final plat, bearing all official approvals as above required, shall be deposited in the office of the county recorder for recording at the expense of the subdivider, who shall be notified of such deposit by the office of the county recorder. No subdivision shall be recorded in the office of the county recorder and no lot included in such subdivision shall be sold or exchanged and no offer shall be made to sell or exchange any such lot unless and until the plat is so approved, accepted and recorded. (Ord., 2-29-1996)