(A) The subdivider shall file with the city’s Zoning Administrator ten copies of the proposed subdivision with an application for preliminary plat approval at a standard scale of not more than 100 feet to one inch. The Zoning Administrator submits copies of the preliminary plan to the Planning Commission, one copy to the City Engineer and a copy to the District Engineer of the state’s Highway Department if the plan borders a federal, state or state aid highway. The County Engineer should be provided a copy, if the subdivision will require curb cuts or access points on a county road.
(B) The following shall be shown on the preliminary plat:
(1) Existing:
(a) All contiguous land owned or controlled by the subdivider;
(b) Easements: location, width and purpose;
(c) Streets on and adjacent to the property: name and right-of-way; width and location; and legally established centerline elevation; walks, curbs, gutters, culverts and the like;
(d) Utilities on and adjacent to the property: location, size and invert elevation of sanitary storm sewers; location and size of water mains; location of gas lines, fire hydrants, electric and telephone poles and street lights; if water mains and sewers are not on or adjacent to the tract, indicate the direction and distance to, and size of nearest ones, showing invert elevation of sewers;
(e) Ground elevations on the property and adjacent land within 100 feet of the tract based on city datum. Contour lines shall be shown;
(f) Other conditions of the property and adjacent land within 100 feet of the property: Watercourses, marshes, rock outcrop, wooded areas, isolated preservable trees one foot or more in diameter, houses, barns, shacks and other significant features; appropriate direction and gradient of ground slope, including any embankments or retaining walls; character and location of buildings, railroads, power lines, towers and other non-residential land uses or adverse influence;
(g) Zoning on and adjacent to the property; and
(h) Proposed public improvements of record: highways or other major improvements planned by public authorities for future construction on or near the property.
(2) Proposed:
(a) Streets and street names, right-of- way and roadway widths, approximate elevations, grades and gradients;
(b) Other rights-of-way or easement locations, width and purpose;
(c) Lot lines, lot numbers and block numbers or tract letters;
(d) Sites to be reserved or dedicated for parks, playgrounds or other public uses;
(e) Minimum required building setback lines;
(f) Site data, including total area, number of residential lots, areas in parks and other public land and parcel dimensions and areas; and
(g) Other preliminary plans:
1. Finish grade and surface drainage of all parcels;
2. Suggested preliminary plan of sanitary and storm water sewers with grades and sizes indicated for approval by the City Engineer and Zoning Administrator; and
3. In areas where topographic features are such that erosion, siltation or drainage problems may occur, a site plan will be required showing how these problems will be resolved.
(3) Other data:
(a) Key map at small scale showing location of the preliminary plat and other property for at least 660 feet in every direction;
(b) Title and certificate: correct legal description according to official records in office of appropriate recorder; title under which proposed subdivision is to be recorded with names and addresses of owners, notation stating acreage, scale, north arrow, datum, benchmarks, certification of registered surveyor and date of survey;
(c) Draft of special covenants whereby the subdivider proposes to regulate land use in the subdivision and otherwise protect the proposed development; and
(d) Title opinion or title insurance policy indicating fee ownership of land to be subdivided.
(C) All preliminary plats shall be filed with the city’s Zoning Administrator. All preliminary plat applications shall be reviewed by the Planning Commission and a public hearing scheduled within 45 days of acceptance of the application by the city. A fee shall be required to be paid at the time of filing the preliminary plat. The fee shall be as established for subdivision review in § 154.61 of this chapter. A new preliminary plat shall be required:
(1) In the event that the final plat does not conform to the preliminary plat;
(2) In the event that the final plat is not submitted within the time period specified under the provisions of this code; and
(3) In the event that the plat was not filed within 12 months after the date of preliminary plat approval.
(D) Not less than ten days in advance of the hearing, the Zoning Administrator shall cause a notice of such hearing to be published once in the official newspaper of the city stating both the legal description and street location of the proposed subdivision. In addition, notices shall be mailed to all property owners within 350 feet of the property proposed to be subdivided as well as to appropriate governmental agencies.
(E) The Planning Commission shall review the proposed subdivision at the time and date specified in the notice of hearing at which time all interested persons shall be heard. This meeting shall serve as the hearing on the proposed plat. In case of all plats, the Planning Commission shall recommend to the City Council the denial or approval of a preliminary or final plat, if it makes any of the following findings:
(1) The proposed subdivision is in conflict with applicable general and specific plans (e.g., comprehensive plan, capital improvement program, zoning code and other city codes);
(2) The design or improvement of the proposed subdivision is in conflict with applicable development plans;
(3) The physical characteristics of this site, including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding and water storage and retention, are such that the site is not suitable for the type of development or use proposed;
(4) The site is not physically suitable for the proposed density of development;
(5) The design of the subdivision or the proposed improvements are likely to cause substantial environmental damage;
(6) The design of the subdivision or the type of improvements is likely to cause serious public health problems; and
(7) The design of the subdivision or the type of improvements will conflict with easements of record or to easements established by judgment of a court.
(F) (1) Following a review of the proposed subdivision and other material submitted, the Planning Commission shall within 35 days after the original public hearing date act thereon. The Planning Commission shall:
(a) Recommend approval;
(b) Recommend approval with conditions; and
(c) Recommend denial.
(2) Following Planning Commission action, the proposed subdivision shall be submitted to the City Council at its next available meeting.
(G) City Council action on the proposed subdivision shall be accomplished within 60 days from the date of the original Planning Commission hearing. Approval of the proposed subdivision shall constitute approval of a preliminary plat and shall be in resolution form.
(H) Within 12 months after receiving preliminary plan approval, the final plan shall be submitted to the Planning Commission and City Council for approval. A fee shall be required to be paid upon the submission of the final plan. The fee shall be as established for subdivision review in § 154.61 of this chapter. Prior to the expiration of the preliminary plan approval, the Planning Commission may extend the approval period for an additional 12 months. The extension shall be in writing specifically designated the expiration date. The extension shall not be subject to an additional fee and only one such extension may be granted.
(I) It shall be the responsibility of the subdivider to file the plat with the appropriate county offices after final approval. Failure to do so within 12 months of final approval shall result in the requiring of a new preliminary plat. This new preliminary plat must be reviewed in accordance with the procedure set out in this chapter to ensure compliance with any new requirements.
(Prior Code, § 154.26) (Ord. 610, passed 8-7-2001)