(A) Any subdivider desiring to subdivide land that is subject to the provisions of these regulations shall file with the Department ten copies of an application, together with supporting documentation which contains the following:
(1) The name and address of the owner or owners of land to be subdivided, the name and address of the subdivider if other than the owner, and the name of the land surveyor and certified engineer;
(2) Names of the subdivision and all new streets;
(3) General layout of adjacent unsubdivided property to show how streets and other public facilities, in the proposed subdivision, relate to the unsubdivided property;
(4) The location and dimensions of all boundary lines of the property to be expressed in feet;
(5) The location of existing streets, easements, water bodies, streams, and other pertinent features such as washes, railroads, buildings, parks, cemeteries, drainage ditches, or bridges. Generally such data should be shown on topographic maps with contour intervals of not less than two feet;
(6) The location and width of proposed streets and easements, alleys, and other public ways and building setback lines;
(7) The locations, dimensions, and areas of all proposed or existing lots;
(8) Indication of the use of any lot (single-family, two-family, or multi-family) and uses other than residential proposed by the subdivider with existing and proposed zoning district classification and boundaries; or
(9) The general plan of sewage disposal and water supply in areas where approved public sewer or water systems are proposed to serve the subdivision. In other cases, a notation shall be made on the plat indicating type of sewage disposal or water system proposed.
(B) Upon receipt of properly prepared application and accompanying fee as provided in § 152.09, the Department shall promptly conduct reviews of data submitted. Such review shall include opportunity for comment by representatives of private utilities, the state’s Department of Transportation, County Health Department, school districts, United States Postmaster, soil conservation service, and various town departments. These agencies shall check the plat for conformance with the regulations and standards of their agencies and shall render a written report to the Department. If no report is received within 15 days, the Department may assume that the agency has no objections regarding the proposed plat, and such agency’s approval shall be assumed. After staff reviews and comments of technical agencies are received, a meeting shall be held between the Department staff and developer regarding changes deemed advisable.
(C) The developer shall submit ten copies of a revised (if necessary) preliminary plat to the Department. Upon receipt of such plat and accompanying documents, the Council shall schedule a hearing within 30 days of such request. After such hearing, the Council shall approve as submitted, as modified or disapprove the preliminary plat and express its reasons therefor. The action of the Council shall be noted on the preliminary plat. One copy shall be returned to the subdividers.
(D) If the Council fails to approve or disapprove the preliminary plat within the period of time set by this regulation, then such preliminary plat shall be deemed to have been approved unless the subdivider shall have consented to extend or waive such time limitation.
(E) Approval of the preliminary plat does not constitute acceptance of the subdivision but authorizes preparation of the final plat. No grading or improvements shall take place in the subdivision prior to approval, endorsement, and filing of the final plat.
(F) The approval of a preliminary plat shall be effective for a period of one year, at the end of which time final approval on the subdivision must have been obtained from the Council, although the plat need not yet be signed and filed with the County Recorder. Any plat not receiving final approval within the period set forth herein shall be null and void, and the subdivider shall be required to resubmit a new plat for preliminary approval subject to all new zoning restrictions and subdivision regulations.
(1989 Code, § 15-3)