1. Planning Conference. The applicant or representative shall meet informally with City staff prior to submitting the preliminary plat in order to discuss the proposed subdivision. The purpose of this planning conference is informational only, and no approval can be given nor can any requirements of this ordinance be waived. In general, the applicant is expected to provide a map showing the following:
A. The property proposed to be subdivided and surrounding property boundaries and streets;
B. Contours of the property and surrounding properties;
C. Buildings on the site, wooded areas, wetlands, and other major features; and
D. A concept for the subdivision of the property.
2. Good Neighbor Meeting.
A. After the planning conference but before a preliminary plat is submitted to the City, the applicant shall arrange for a Good Neighbor meeting to be held to notify residents of a possible subdivision and to provide an opportunity for comments; however, a Good Neighbor meeting is not required if the plat meets the following criteria as determined by City staff:
(1) The plat does not create the need for the extension of streets, utilities or any other new public improvements:
(2) The area being platted has already been subdivided through a process that included City review and approval:
(3) Each resulting lot will conform fully to all requirements of the zoning district in which the parcels of land are located, and each lot is developable in the zoning district in which it is located: and
(4) No new violations of any City codes or adopted standards would be created by the plat.
B. The applicant shall coordinate with the City Planner to schedule a meeting, to be moderated by the City Planner with the assistance of the applicant, prior to submission of the preliminary plat. The meeting shall be held prior to any City Staff action on the subdivision application, other than the planning conference.
C. The City, at the applicant's expense, shall send out by regular mail an announcement to the property owners within 200 feet of the boundaries of the property proposed to be subdivided that a meeting, including the time, date and location, will be held to discuss the subdivision proposal, no later than fourteen days prior to the meeting. The City shall cause to be published a notice of the meeting, at the applicant's expense, and also post notice of the meeting on its website, both of which shall be done at least seven days prior to the meeting. The Planning Commission, Mayor and City Council will be notified of the meeting at least seven days prior to the meeting. These required mailings and notices shall include a plain language description of the location and boundaries of the subject property, and may include a location and/or draft plat.
D. Rezoning applications also require a Good Neighbor meeting to be held subject to the same requirements as found in this section. In the event that a proposed subdivision follows or is concurrent with a rezoning of the same property, the requirements of this section shall be fulfilled at the same Good Neighbor meeting if both are presented at said meeting.
3. Preliminary Subdivision Plat Submittal Requirements and Review. The preliminary plat, in general, contains more information than the final plat, so that the subdivider and the City can ensure conformance with codes, master facility plans, and good planning and engineering practices. Though the preliminary plat is not recorded, it is approved by resolution of the City Council, and conditions for approval of the plat shall be addressed on any final plats of the same area.
A. Preliminary Plat Contents. The application shall include a preliminary plat of the subdivision drawn to a scale of one inch to one hundred feet minimum, and shall show:
(1) A location map to provide spatial reference, showing the outline of the area to be subdivided, existing streets and corporate limits in the vicinity, a north arrow and scale or note stating "not to scale," and other information that might help clarify where the plat is located as well as its surroundings and size relative to other City features;
(2) Name of proposed subdivision and date;
(3) Legal description and acreage;
(4) Name and address of owner;
(5) Names of the persons preparing the plat, owner's attorney, representative or agent, if any;
(6) Existing and proposed zoning district classification of all land within the proposed subdivision and within about 200 feet of the subdivision;
(7) North point and graphic scale;
(8) Contours at two-foot intervals or less, both existing and as generally proposed (subject to more refinement in subsequent construction plans);
(9) Building setback lines as required by the current or proposed zoning district classifications;
(10) The approximate boundaries of areas of known flood levels or floodplains, areas covered by water, wooded areas, floodways, and all open channel drainage ways;
(11) Locations, names, and dimensions of existing lot lines, streets, public utilities, water mains, sewers, drainpipes, culverts, watercourses, bridges, railroads and buildings within in the proposed subdivision and within about 200 feet of the subdivision;
(12) Layout of proposed blocks, if used, and lots, including the dimension of each lot, and the lot and block number in numerical order;
(13) Layout and dimensions of proposed streets, sidewalks, trails, alleys, utility and other easements, parks and other open spaces or reserved areas;
(14) Grades of proposed streets and alleys;
(15) A cross-section of the proposed streets showing the roadway locations, the type of curb and gutter, the paving, and sidewalks to be installed;
(16) The layout of proposed water mains and sanitary sewer systems;
(17) The drainage of the land, including proposed storm sewers, ditches, culverts, bridges and other structures;
(18) Stormwater management facilities when applicable;
(19) A signed certificate of the Johnson County Auditor for the subdivision name; and
(20) Other special details or features that may be proposed or required.
4. Costs and Fees.
A. The filing of the preliminary plat of a subdivision shall be accompanied by an application fee as established by City Council resolution from time to time.
B. The applicant shall also be responsible for payment of the actual costs of the City Engineer's review or additional engineering reviews necessitated by the submission of an incomplete plat or plat that fails to meet the minimum requirements for plats set by this ordinance or written City policy adopted by the City Council. The above-referenced costs and fees shall be paid by the applicant within thirty days of receipt of the costs by the applicant.
5. Review and Approval Procedure. The City process for preliminary plat review and approval is generally as follows:
A. Submittal of a proposed preliminary plat is made to the City Clerk, and copies are distributed to the staff review team.
B. The staff review team meets to review preliminary plat submissions and sends a preliminary memorandum to the applicant. The preliminary memorandum outlines deficiencies in the plat, recommendations for improving the plat, and a due date for resubmission of the corrected or modified plat, if necessary. The memorandum may also identify the need for additional studies to be completed by the applicant, including but not limited to traffic impact studies and utility investigations.
C. The plat is resubmitted with corrections and changes, and the process outlined in paragraph B is repeated as necessary. Once ordinance and regulatory provisions are met, the plat is placed on the next Planning Commission agenda, subject to statutory requirements for publication of notice.
D. The Planning Commission receives the plat, along with a final staff report containing any recommendations, and makes a formal recommendation to City Council for approval, approval with conditions, or denial. The Planning Commission may also table action on a preliminary plat if the Commission feels additional information is needed to make a recommendation.
E. City Council receives the plat, along with the final staff report and recommendation from the Planning Commission, and formally acts by resolution on the plat to approve, approve with conditions, or deny. The City Council may also table action on a preliminary plat if the Council feels additional information is needed to reach a decision. If a Preliminary Plat Agreement has been prepared, the City Council also acts to approve the agreement.
(Ord. 2023-02 – Sep. 23 Supp.)
6. Standards for Approval. In addition to all provisions found in this and other ordinances, the City may impose additional limitations or directives intended to ensure that subdivisions are logical, are compatible with surrounding areas, and generally will be an asset to the City when completed. Such issues may include but are not limited to lot size and layout; street, sidewalk and trail type, alignment, and location; and infrastructure location, type, and size.
7. Effect of Preliminary Plat Approval and Expiration. The approval of the preliminary application by the City Council does not create legally buildable lots or entitle the owner to building permits, but it is an authorization to proceed with preparation of construction plans, a developer's agreement, permit applications leading to construction of improvements, and ultimately the preparation of a final plat. Approval of the preliminary application shall be effective for a period of 36 months, after which time approval of the plat is null and void unless extensions or reinstatements are approved by the Council or final plats are recorded as follows:
A. Upon written request of the subdivider, the City Council by resolution may grant up to an 18 month extension of time. Consideration of granting an extension or reinstatement may include but is not limited to the following criteria: considerations related to changes in surrounding properties; changes in infrastructure needs; changes in code requirements; or other factors related to whether the subdivision as approved remains appropriate and in the best interests of the City; or
B. Final plats of all or parts of the preliminary plat are recorded prior to the expiration of the preliminary plat. Any time a final plat is recorded, the preliminary plat approval shall be automatically extended for a new period of 18 months from the date Council approved the recorded final plat.
8. Construction of Improvements.
A. Options for Improvements. Installation or provisions for the installation of public infrastructure such as streets, street lights, and sanitary sewer and water mains are to be completed prior to acceptance of any final plat. Improvements may be provided for in one of the following two means by an owner:
(1) Construction of all improvements and installations in the subdivision as approved by the City Engineer, or construction of all improvements and installations in the subdivision as approved by the City Engineer with the exception of sidewalks. In the latter case, the owner shall execute an agreement as a covenant running with the land providing that the sidewalks shall be installed in accordance with the developer's agreement, and in the event that installation has not been made, that the owner waives all statutory requirements of notice of time and place and hearing, waives statutory protections and limitations as to cost and assessment, and agrees that the City may install the sidewalks and assess the costs thereof against the real estate; or
(2) A letter of credit, escrow, or other financial instrument in a form approved by the City, filed with the City Clerk that guarantees to the City that the improvements, as approved by the City Engineer, will be completed by the subdivider or property owner within two years after official acceptance of the final plat. The form and type of instrument shall be approved by the City Attorney and City Council, and shall be equal to 110% of the amount of the estimated costs. If the improvements are not complete within the specified time, the City may use the instrument or any necessary portion thereof to complete the improvements.
(Ord. 2023-02 – Sep. 23 Supp.)
B. Construction Plan Submittal, Review and Approval. Four construction plan sets and supporting calculations, prepared by an engineer, shall be submitted to the City for review and comment. Construction plans are not considered final until formally approved by the City Engineer.
C. Construction Permitting. Once construction plans are approved, a subdivision construction permit may be obtained and construction may proceed. Applications for construction permits shall include the following:
(1) Letter from the City Engineer recommending approval of the plans.
(2) DNR construction permits.
(3) NPDES Erosion Control Permit and CSR Permit.
(4) Recorded copy of offsite easements, if applicable.
(5) An executed developer's agreement approved by City Council, unless waived.
(6) Any other applicable State and/or Federal permits.
(7) Payment of costs and fees.
D. Costs and Fees. The applicant shall be responsible for all necessary engineering costs associated with the review of construction plans, drainage plans, grading plans or other similar plans related to the subdivision.
9. Final Subdivision Plat Submittal Requirements and Review. The final plat, in general, contains information required by State Code and is recorded once approved by resolution of the City Council. The application shall include the following:
A. Final Plat Contents. The final plat shall show the following drawn to a minimum scale of 1"=100':
(1) A location map to provide spatial reference, showing the outline of the area to be subdivided, existing streets and corporate limits in the vicinity, a north arrow and scale or note stating "not to scale," and other information that might help clarify where the plat is located as well as its surroundings and size relative to other City features;
(2) Accurate property boundary lines, with dimensions and bearings or angular dimensions that provide a land survey of the tract, closing with an error of not more than one foot in 10,000 feet;
(3) Accurate references to known permanent monuments, giving the bearing and distance from some corner of a lot or block in the City to some corner of the congressional division of which the City or the addition thereto is a part;
(4) Accurate locations of all existing and recorded streets intersecting the property boundaries of the tract;
(5) Accurate legal description of the property boundaries;
(6) Street names and street right-of-way widths;
(7) Complete curve notes for all curves included in the plat;
(8) Street center lines with accurate dimensions in feet and one-hundredths of feet with bearings or angular dimensions to street, alley and lot lines;
(9) Lot numbers and lot line dimensions;
(10) Block numbers, if used;
(11) Location, type, material and size of all markers;
(12) Name and street address of the owner and subdivider;
(13) Name and street address of owner's or subdivider's attorney, name of persons who prepared the plat, and the date of preparation;
(14) North point, scale and date;
(15) Certification of the accuracy of the plat by a registered land surveyor of the State;
(16) Location and width of easements for utilities, and clear identification of intended use;
(17) Certification by the utility companies that utility easements are properly placed for the installation of utilities;
(18) A signature block for endorsement by the City Clerk certifying the City Council's approval of the plat; and
(19) A note on the plat stating "Notes on this plat are not intended to create any vested private interest in any stated use restriction or covenant or create any third party beneficiaries to any noted use restriction or covenant".
B. Accompanying Documents. Prior to City Council action, the owner shall provide the following:
(1) An executed developer's agreement;
(2) An executed SMF agreement;
(3) A Minimum Low Opening table, certified by a licensed engineer; and
(4) The final report by the City Engineer stating either that the improvements have been installed in accordance with the approved plans and specifications, or that the improvements have not been installed but the plans and specifications have been approved and security for the improvements has been provided.
C. Costs and Fees.
(1) The filing of the final plat of a subdivision shall be accompanied by an application fee as established by the City Council from time to time.
(2) The applicant shall also be responsible for payment of the actual costs of the City Engineer's review or additional engineering reviews necessitated by the submission of an incomplete plat or plat that fails to meet the minimum requirements for plats set by this ordinance or written City policy adopted by the City Council. The above-referenced costs and fees shall be paid by the applicant within thirty days of receipt of the first notice of costs by the applicant. Failure to pay these costs and fees when assessed to the applicant may be cause for denial of the plat or subdivision or any further plats or subdivisions submitted by the applicant.
(3) The applicant shall be responsible for the actual costs associated with any subsequent engineering review costs necessitated by the submission of an incomplete plat or plat not in compliance with the final plat requirements set by City ordinance or written policy formally adopted by the City Council. The applicant shall be responsible for all necessary engineering costs associated with the review of construction plans, drainage plans, grading plans or other similar plans related to the subdivision.
D. Review and Approval Procedure. The City process for final plat review and approval is generally as follows:
(1) Submittal is made to the City Clerk by noon of the first working day of the month, and copies are distributed to the staff review team.
(2) Near the middle of the month, the staff review team meets to discuss cases, and a preliminary memo is prepared and forwarded to the contact person. The preliminary memo outlines deficiencies in the plat and recommendations for improving the plat, and contains a due date for resubmission of the plat, if necessary.
(3) Near the end of the month, the plat is resubmitted with corrections and changes. If ordinance and regulatory provisions are met, the plat is placed on the next City Council agenda.
(4) City Council receives the plat, along with the final staff report, and formally acts by resolution on the plat to approve or deny. The City Council may also table action on a final plat if it determines it does not have adequate information to reach a decision.
E. Effect of Final Plat Approval and Expiration. The approval of the final plat by the City Council constitutes approval of the subdivision and improvements or plans for improvements. Final plats, together with the executed developer's agreement, executed Stormwater Management Facilities (SMF) agreement, and Minimum Low Opening Table, as required in Paragraph B above, shall be recorded by the applicant immediately upon approval by the City Council, and approval may be rescinded if not recorded within 6 months of approval.
(Ord. 2021-14 - Dec. 21 Supp.)