12-3-3: PRELIMINARY PLAT:
   A.   Application: The subdivider shall file with the administrator a complete subdivision application form and preliminary plat documents as required by this title.
   B.   Content Of Preliminary Plat: The contents of the preliminary plat and related information shall be in such form as stipulated by the commission; however, additional maps or data as deemed necessary by the administrator may also be required. The subdivider shall submit to the administrator at least the following:
      1.   Preliminary Plat: Ten (10) copies of the preliminary plat of the proposed subdivision, drawn in accordance with the requirements hereinafter stated; each copy of the preliminary plat shall be on good quality paper and shall be drawn at a scale of not less than one inch equals one hundred feet (1" = 100') and contain lettering of such size as to enable the same to be placed on eighteen inch by twenty seven inch (18" x 27") drawing paper. No part of the drawing shall be nearer than three inches (3") to the left edge and one-half inch (1/2") to the other edges of the drawing. The plat shall show the drafting date and a north arrow.
      2.   Written Application: A written application requesting approval of the preliminary plat.
   C.   Requirements Of Preliminary Plats: The following shall be shown on the preliminary plat or shall be submitted separately together with any other pertinent information requested by the administrator:
      1.   The name of the proposed subdivision, which does not duplicate the name of any other subdivision in Elmore County;
      2.   The names, addresses and telephone numbers of the subdividers, the engineer or surveyor who prepared the plat, and any other professional person involved in the subdivision;
      3.   The names and addresses of all surrounding property owners within three hundred feet (300') of the subject property (attach separately);
      4.   The legal description of the subdivision by section, township and range.
      5.   A statement of the intended use of the proposed subdivision, such as residential single-family, two-family and multiple housing, commercial, industrial, or recreational and a showing of any site proposed for parks, playgrounds, schools, churches or other public uses;
      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 (covering at least a 4 square mile area);
      8.   The land use and existing zoning of the proposed subdivision and the adjacent land;
      9.   Existing streets, street names, rights of way and roadway widths, including adjoining streets or roadways, along with the type of surface and the existence of sidewalks and greenways;
      10.   Approximate location and length of the boundary lines of each lot, parcel or site and the proposed lot and block numbers.
      11.   Approximate acreage enclosed by the subdivision and each lot;
      12.   Existing contour lines, shown at five foot (5') intervals where land slope is greater than twenty percent (20%), and at two foot (2') intervals where land slope is twenty percent (20%) or less, referenced to an established benchmark of the city vertical control system, including its location and elevation;
      13.   A site report as required by the appropriate health district where individual wells or septic tanks are proposed;
      14.   Location, size and direction of flow of all existing utilities, including, but not limited to, storm and sanitary sewers, irrigation laterals, ditches, drainages, bridges, culvert, water mains, fire hydrants, gas, power, and telephone lines, and streetlights. If utilities are not on or adjacent to the property, indicate direction and distance to nearest ones that can serve the subdivision.
      15.   A copy of any proposed restricted covenants and/or deed restrictions.
      16.   Any dedications to the public and/or easements, both public and private, together with a statement of location, dimensions, and purpose of such, on both the subject property and surrounding properties;
      17.   A statement as to whether or not any variance will be requested with respect to any provision of this title describing the particular provision, the variance requested, and the reasons thereof;
      18.   Location, right of way width and name of all public or private trafficways, the location, right of way width and use of any proposed public or private pedestrianways or special ways, and a statement of intended improvements to be made thereto;
      19.   A statement as to what improvements will be made to existing utilities and what other on site improvements will be made;
      20.   Approximate lot corner and easement locations of all adjacent subdivisions;
      21.   Approximate location, size and direction of flow of all drainage, irrigation, sewer and water line improvements which will be part of the subdivision development.
   D.   Fees: A fee for processing and checking a preliminary plat shall be due upon submittal of the preliminary plat to the administrator. The amount of the fee shall be established by resolution of the council.
   E.   Administrator Review:
      1.   Certification: Upon receipt of the preliminary plat, and all other required data as provided for herein, the administrator shall certify the application as complete and shall affix the date of application acceptance thereon. The administrator shall, thereafter, place the preliminary plat on the agenda for consideration at the next available regular meeting of the commission. One copy of the preliminary plat shall be delivered by the subdivider to each member of the commission at least five (5) days prior to the meeting for plat consideration.
      2.   Review By Other Agencies: The administrator shall refer the preliminary plat and application to as many agencies as deemed necessary. Such agencies include the following:
         a.   Other governing bodies having joint jurisdiction;
         b.   The appropriate utility companies, irrigation companies or districts and drainage districts;
         c.   The superintendent of the school district; and
         d.   Other agencies having an interest in the proposed subdivision.
      3.   Administrator Review: Upon expiration of the time allowance for department and agency review, the administrator shall prepare a report for the commission.
   F.   Commission Recommendation:
      1.   Hearing By Commission: The commission shall review the preliminary plat, comments from concerned persons and agencies and the report from the administrator to arrive at a recommendation on the preliminary plat to be forwarded to the council.
      2.   Commission's Findings: In determining the acceptance of a proposed subdivision the commission shall consider the objectives of this title and at least the following:
         a.   The conformance of the subdivision with title 11 of this code;
         b.   The availability of public services to accommodate the proposed development;
         c.   The continuity of the proposed development with capital improvements; and
         d.   The other health, safety or environmental problems that may be brought to the commission's attention.
      3.   Commission Action On Preliminary Plat: The commission may recommend approval, conditional approval or disapproval to the council, or it may table for additional information when acting on the preliminary plat. If tabled, a decision to recommend approval or disapproval shall occur at the regular meeting following the meeting at which the plat is first considered by the commission. The recommendation, and the reasons for such recommendation, shall be stated, in writing, and forwarded to the applicant. The commission shall also forward a statement of the recommended action and the reasons for such recommendation together with a copy of the preliminary plat to the council within the following ten (10) days. Upon its recommendation to grant or deny a preliminary plat the commission shall specify:
         a.   The regulations and standards used in evaluating the application;
         b.   The reasons for its recommendation of approval or denial.
   G.   Council Action:
      1.   Deliberation By Council: The council shall review the commission's recommendation at its next available regularly scheduled meeting and will decide, by majority vote, to approve or disapprove the commission's recommendation or to hold a public hearing.
      2.   Hearing By Council: If the council does not approve the commission's recommendation or wishes to substantially alter the conditions recommended by the commission, it shall set a date for a public hearing at which time all interested persons may appear before the council to be heard. The council shall review the commission's recommendation, the preliminary plat, comments from concerned persons and agencies, and the report from the administrator to arrive at a decision on the preliminary plat.
      3.   Council's Findings: In determining the acceptance of a proposed subdivision, the council shall consider the objectives of this title and at least the following:
         a.   The conformance of the subdivision with title 11 of this code;
         b.   The availability of public services to accommodate the proposed development;
         c.   The continuity of the proposed development with the city's capital improvements; and
         d.   The other health, safety or environmental problems that may be brought to the council's attention.
      4.   Council Action On Preliminary Plat: The council may approve, conditionally approve, disapprove, or it may table for additional information when acting on the preliminary plat. If tabled, a decision to approve or disapprove the preliminary plat shall occur at the regular meeting following the meeting at which the plat is first considered by the council. The decision, and the reasons for such decision, shall be stated, in writing, and forwarded to the applicant. Upon granting or denying a preliminary plat, the council shall specify:
         a.   The regulations and standards used in evaluating the application;
         b.   The reasons for approval or denial.
   H.   Approval Period:
      1.   Failure To File; Extension Of Time: Failure to file and obtain the certification of the acceptance of the final plat application by the administrator 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 by the subdivider and granted by the council.
      2.   Segmented Development: 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, may be considered for final approval without resubmission for preliminary plat approval. (Ord. 434, 6-11-1997)