No later than 120 days after the date of the notice to proceed, the applicant may apply for preliminary plat approval. If the applicant fails to apply for preliminary plat approval within the 120-day period, a new sketch plan must be submitted.
(A) General. Based on the notice to proceed, the applicant shall cause to be prepared a preliminary plat by a licensed land surveyor, engineer or land planner in accordance with this chapter.
(B) Time and place for filing and copies required. The applicant shall file one mylar copy, seven blue or black line copies, and one 8-1/2 inch x 14 inch size copy of the preliminary plat and a minimum of three copies of construction plans with the City Planner according to § 154.30(B). The preliminary plat shall conform substantially to the sketch plan submitted by the applicant and which formed the basis for the notice to proceed.
(C) Filing fees. The preliminary plat shall be accompanied by an application which includes a filing fee of $250. This fee shall not be refunded should the applicant fail to make formal application for preliminary plat approval or should the plan be disapproved. The deposit of such fees shall constitute formal request for plat approval. The office of the City Planner shall provide the application form.
(D) Form and content. The plan shall be drawn on sheets 36 inches wide and 22 or 24 inches high with a binding margin of not less than 1-1/2 inches on the left side of the sheet. The plan shall be drawn to a scale of 100 feet to one inch. Sheets shall be numbered in sequence if more than one sheet is used. The preliminary plat shall show the following:
(1) Name and address of the applicant, record owner, engineer, and surveyor.
(2) The date of the map, approximate true north point and scale.
(3) Proposed name of the subdivision, which shall not have the same spelling or be pronounced similar to the name of any other subdivision located within the city, or within the extra-territorial jurisdiction of the city.
(4) Names of contiguous subdivisions and the owners of contiguous parcels of unsubdivided land, and show the platting of adjoining property if such be the case.
(5) Description by metes and bounds, of the subdivision boundary, or locate the tract to be subdivided on a location map at a scale of 1,000 or 2,000 feet to an inch, which shall show existing subdivisions, streets, easements, rights-of-way, parks, and public facilities in the vicinity.
(6) Council and Commission endorsements of plat approval spaces (see Appendix A for samples.)
(7) The location and dimensions of all subdivision boundary lines of the property indicated by heavy lines, expressed in feet and decimals of a foot, and computed in acreage of the subdivision.
(8) Existing sites as follows:
(a) The location and name of all existing or recorded streets, alleys, reservations, easements or other public rights-of-way within the subdivision, intersecting or contiguous with its boundaries or forming such boundaries.
(b) The location, dimensions, and name of all existing or recorded residential lots, parks, public areas, and any permanent structures within the subdivision and other sites within or contiguous with the subdivision.
(c) The location of existing utilities, watercourses and drainage structures within the subdivision or on contiguous tracts.
(9) The location and dimensions of all proposed streets, alleys, utilities, drainage, structures, parks, other public areas, reservations, easements or other rights-of-way, blocks, lots and other sites within the subdivision.
(10) A number or letter to identify each lot or site and each block.
(11) Front building setback lines on all lots and sites. Side yard building setback lines at street intersections and crosswalk ways.
(12) Indication of the use of any lot (single-family, two-family, multi-family, townhouse) and all uses other than residential proposed by the subdivider.
(13) Where the proposed subdivision constitutes a phase of a larger tract owned by the subdivider, which is intended to be subsequently subdivided as additional phases of the same subdivision, the preliminary plat shall be accompanied by a layout of the entire area showing the tentative proposed layout of streets, blocks, drainage, water, sewerage, and other improvements for such areas. The overall layout, if approved by the Planning and Zoning Commission and the City Council, shall be attached to and filed with a copy of the approved preliminary plan in the permanent files of the city. Thereafter, plats of subsequent phases of such subdivision shall conform to such approved overall layout, unless changed by the Planning and Zoning Commission and the City Council.
(14) Blocks shall be consecutively numbered or lettered in alphabetical order. The blocks in numbered additions to subdivisions bearing the same name shall be numbered or lettered consecutively throughout the several additions.
(15) All lots in each block shall be consecutively numbered. Outlots shall be lettered in alphabetical order. If blocks are numbered or lettered, outlots shall be lettered in alphabetical order within each block.
(16) All information required on the sketch plat should also be shown on the preliminary plat, and the following notation shall also be shown:
(a) Explanation of drainage easements, if any.
(b) Explanation of site easements, if any.
(c) Explanation of reservations, if any.
(d) Endorsement of owner.
(17) Endorsement of Planning and Zoning Commission.
(18) Endorsement of City Council.
(19) The lack of information under any item specified herein, or improper information supplied by the applicant, shall be cause for disapproval of a preliminary plat.
(E) Processing of preliminary plat.
(1) Upon receipt of a formal application for preliminary plat approval, which includes required filing fees and all accompanying material, the City Planner shall check the preliminary plat as to its conformity with the city's comprehensive plan, land use plan, zoning districts and regulations.
(2) The City Engineer shall check the plat for conformity with applicable engineering standards and specifications set forth herein, as well as, with generally accepted engineering principles when not specified herein.
(3) The City Planner shall call a public hearing for the next scheduled meeting of the Planning and Zoning Commission, whereby the Planning and Zoning Commission shall act on the plat, if all requirements are completed.
(4) When required, the City Planner shall submit a notice for publication in one newspaper of general circulation to be published at least 15 days prior to the public hearing and mail notices to all owners of real property within a 200-foot radius as specified by the most recently approved municipal tax role, as specified by state law, and shall maintain file copies of the plat and construction plans when appropriate for public review prior to the hearing.
(5) After the Planning and Zoning Commission has reviewed the preliminary plat and construction plans, the report of the City Planner, any municipal recommendations and testimony and exhibits submitted at the public hearing, the applicant shall be advised of any required changes and/or additions. The Planning and Zoning Commission shall approve or disapprove the preliminary plat within 30 days from the official submission date (as defined in § 154.30(B)).
(6) The City Council shall then act on the plat within 30 days after the date the plat is approved by the Planning and Zoning Commission or the plat is considered approved by the inaction of the Planning and Zoning Commission. A plat is considered approved by the City Council unless it is disapproved within that period.
(7) Unless at least a portion of the area covered by the preliminary plat is approved in final plat form within one year from the date of approval of the preliminary plat by the City Council, the preliminary plat automatically becomes null and void and must be resubmitted as if no preliminary plat were in existence. The preliminary plat for any area which has not been platted in final form within three years from the date of the approval of the preliminary plat shall be null and void unless a time extension is granted by the Planning and Zoning Commission after its review of the preliminary plat. No additional filing fees shall be required for this extension.
(F) Standards for approval of preliminary plats. No preliminary plat of a proposed subdivision shall be approved by the Planning and Zoning Commission unless the applicant proves by clear and convincing evidence that:
(1) Definite provision has been made for a water supply system that is sufficient in terms of quantity, dependability, and quality to provide an appropriate supply of water for the type of subdivision proposed;
(2) If a public sewage system is proposed, adequate provision has been made for such a system and, if other methods of sewage disposal are proposed, that such systems will comply with federal, state, and local laws and regulations.
(3) All areas of the proposed subdivision which may involve soil or topographical conditions presenting hazards or requiring special precautions have been identified by the subdivider and that the proposed uses of these areas are compatible with such conditions;
(4) The proposed subdivision will not result in the scattered subdivision of land that leaves undeveloped parcels of land lacking urban services between developed parcels;
(5) The subdivider has taken every effort to mitigate the impact of the proposed subdivision on public health, safety, and welfare.
(G) Public improvements. All public improvements shall be installed in accordance with §§ 154.50 through 154.60 of this chapter and dedicated prior to the signing of the final subdivision plat by the Chairperson of the Planning and Zoning Commission.
(H) Zoning and subdivision regulations. Every preliminary plat shall conform to existing zoning regulations and subdivision regulations applicable at the time that the proposed preliminary plat is submitted for the approval of the Planning and Zoning Commission.
(I) Model homes. For the purposes of allowing the early construction of model homes in a subdivision, the Planning and Zoning Commission and the City Council in their sole discretion may permit a portion of a major subdivision involving no more than two lots to be created in accordance with the procedures for minor subdivisions, provided the portion derives access from an existing city, township, county, or state highway, and provided no future road or other improvement is anticipated where the lots are proposed. The subdivision plat for the "minor" portion shall be submitted to the Planning and Zoning Commission simultaneously with the preliminary plat for the entire major subdivision. Subsequent to preliminary approval, the model homes may be constructed, subject to such additional requirements as the Planning and Zoning Commission and the City Council may require.
(J) Amendments to preliminary plat. At any time after preliminary plat approval and before submission of a final plat, the applicant may request of the City Planner that an amendment be made in the approval of the preliminary plat. Under regulations established by the Planning and Zoning Commission, the City Planner may agree to proposed amendments that are deemed to be minor. If the proposed amendment is major, the Planning and Zoning Commission shall hold a public hearing on the proposed major amendment in accordance with the same requirements for preliminary plat approval. The City Council shall then act on the proposed amendment of the preliminary plat within 30 days after the date the amended plat is approved by the Planning and Zoning Commission or is considered approved by the inaction of the Planning and Zoning Commission. The proposed amendment to the plat is considered approved by the City Council unless it is disapproved within that period.
(Ord. 2005-6, § 3.4, passed 9-20-05)