A. Application: The subdivider shall file with the administrator a completed subdivision application form and preliminary plat data as required in this Title.
B. Combining Preliminary And Final Plats: The applicant may request that the subdivision application be processed as both a preliminary and final plat if all the following exist:
1. The proposed subdivision does not exceed ten (10) lots.
2. No new street dedication or street widening is involved.
3. No major special development considerations are involved, such as development on a flood plain or hillside or the like.
4. All required information for both preliminary and final plat is complete and in acceptable form.
A request to combine both preliminary and final plat into one application shall be acted upon by the commission upon recommendation of the technical review committee. (Ord. 561, 4-18-1983)
C. Contents Of Preliminary Plat: The contents of the preliminary plat and related information shall be in such form as stipulated by the commission; however, any additional maps or data deemed necessary by the administrator may also be required.
The subdivider shall submit to the administrator at least the following:
1. Ten (10) copies of the preliminary plat of the proposed subdivision, drawn in accordance with the requirements hereafter stated; each copy of the preliminary plat shall be on good quality paper, shall have dimensions of not less than one inch to one hundred feet (1" = 100'), shall show the drafting date, and shall indicate thereon, by arrow, the generally northerly direction.
2. Ten (10) sets of preliminary engineering plans (not meant to be cross sections or detailed designs) for streets, water, sewers, sidewalks, surface and subsurface drainage and other required public improvements; however, such engineering plans shall contain sufficient information and detail to enable proposed improvements to applicable regulations, ordinances, and standards. (Ord. 820, 5-21-2007)
3. A written application requesting approval of the preliminary plat.
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 division, hazardous and unique areas of development.
D. Requirements Of Preliminary Plats: The following shall be shown on the preliminary plat or shall be submitted separately:
1. Name Of Subdivision: The name of the proposed subdivision.
2. Plat Subdividers And Engineer/Surveyor: The names, addresses and telephone numbers of the subdivider or subdividers and the engineer or surveyor who prepared the plat.
3. Property Owner: The name and addresses of the record owner of the property and all adjoining property owners whether or not bisected by a public right of way as shown on record in the county assessor's office.
4. Legal Description: The legal description of the subdivision.
5. Statement Of Intended Use: A statement of the intended use of the proposed subdivision, such as: residential single-family, two-family and multiple-family housing, commercial, industrial, recreational or agricultural and a showing of any sites proposed for parks, playgrounds, schools, churches or other public uses.
6. Map Of Area: 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. Vicinity Map: A vicinity map showing the relationship of the proposed plat to the surrounding area (1/4 mile minimum radius, scale optional).
8. Existing Land Use And Zoning: The land use and existing zoning of the proposed subdivision and the adjacent land.
9. Streets And Rights Of Way: Streets, street names, rights of way, and roadway widths, including any adjoining streets or roadways.
10. Contour Lines: Contour lines, shown at five foot (5') intervals where land slope is greater than ten percent (10%) and at two foot (2') intervals where land slope is ten percent (10%) or less, referenced to an established bench mark, including location and elevation.
11. Lot Lines And Blocks: Lot lines and blocks showing the dimensions and numbers of each.
12. Site Report: A site report as required by the appropriate health district where individual wells or septic systems are proposed.
13. Utilities: Any existing or proposed utilities, including, but not limited to; storm and sanitary sewers, irrigation laterals, ditches, drainages, bridges, culverts, water mains, televisions, telephone, electric cables, fire hydrants and their respective profiles. (Ord. 561, 4-18-1983)
14. Restrictive Covenants And/Or Deed Restrictions:
a. A copy of any proposed restrictive covenants and/or deed restrictions.
b. Any covenants and/or deed restrictions are a private contract between the developer and the property owner(s) and as such will not be enforced by the City. (Ord. 820, 5-21-2007)
15. Dedications To The Public And/Or Easements: Any dedications to the public and/or easements together with a statement of location, dimensions and purposes of such.
16. Additional Required Information: Any additional required information for special developments as specified in chapter 4 of this title.
17. Variance: A statement as to whether or not a variance, as specified in section 11-7-2 of this title will be requested with respect to any provision of this title describing the particular provision, the variance requested, and the reason therefor. (Ord. 561, 4-18-1983)
E. Fee: At the time of submission of an application for a preliminary plat, a fee shall be paid in the amount as established in the master fee schedule for a preliminary plat review. (Ord. 561, 4-18-1983; amd. Ord. 925, 10-1-2018)
F. Administrator Review:
1. Certification: Upon receipt of the preliminary plat, and all other required information as provided for herein, the Administrator shall certify the application as complete and shall affix the date of application acceptance thereon. He shall thereafter place the preliminary plat on the agenda for consideration at the next regular meeting of the Technical Review Committee which is to be held no less than ten (10) days after said date of certification nor more than forty five (45) days thereafter.
2. Review By Other Agencies: The Administrator shall refer the preliminary plat and application to as many agencies as deemed necessary. Such agencies may include the following:
a. The Technical Review Committee members.
b. Other governing bodies having joint jurisdiction.
c. The appropriate utility companies, irrigation districts and drainage districts.
d. The Superintendent of the school district.
e. 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 recommendation to the Technical Review Committee.
G. Technical Review Committee Recommendation:
1. The Technical Review Committee shall review the preliminary plat from the view points of the technical disciplines represented on the committee.
2. The committee shall make a recommendation to the commission on each preliminary plat and on each special request made by the subdivider. The committee's recommendation shall include how deficiencies or shortcomings of the preliminary plat might be overcome.
4. The preliminary plat shall be placed on the agenda of the next regular commission meeting which is held not less than fourteen (14) days after the committee meeting.
H. Public Notification:
1. Notification To Property Owners: The Administrator shall notify all adjoining property owners who appear on the list of property owners' names and addresses that has been provided by the subdivider as required by subsection D3 of this section. Such written notification shall be mailed at least ten (10) days prior to the commission meeting.
2. Failure To Notify: The Administrator's failure to comply with the notification provision shall not invalidate the commission's action, provided the spirit of the procedure is observed.
I. Commission Action:
1. Hearing By Commission: Within a reasonable time following the committee's recommendations, the commission shall review the preliminary plat, the report from the committee, comments from concerned persons and agencies and the report of the administrator to arrive at a decision on the preliminary plat.
2. Commission's Findings: In determining the acceptance of a preliminary plat 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 comprehensive development plan.
b. The availability of public services to accommodate the proposed development.
c. The continuity of the proposed development with the capital improvement program.
d. The public financial capability of supporting services for the proposed development.
e. The other health, safety or environmental problems that may be brought to the commission's attention.
3. Action On Preliminary Plat: The commission may approve, approve conditionally, disapprove or table the preliminary plat for additional information. Such action shall occur within thirty (30) days of the date of the regular meeting at which the plat is first considered by the commission. The action and the reasons for such action shall be stated in writing by the administrator, and forwarded to the applicant. The administrator 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 information and record.
4. Action On Combined Preliminary And Final Plat: If the commission's conclusion is favorable to the subdivider's request for the subdivision to be considered as both preliminary plat and final subdivision, then a recommendation shall be forwarded to the city council in the same manner as herein specified for a final subdivision plat. The commission may recommend that the combined application be approved, approved conditionally or disapproved.
J. Appeals: Any person or aggrieved party who appeared in person or writing before the commission or the subdivider may appeal in writing the decision of the commission relative to the final action taken by the commission. Such appeal must be submitted to the city council within ten (10) 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 administrator within one year after action by the commission 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 commission.
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 may be considered for final approval without resubmission for preliminary plat approval. (Ord. 561, 4-18-1983)
Notes
| 1 | 1. See section 11-3-5 of this chapter. |