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 in a floodplain, hillside development or the like.
4. All required information for both preliminary and final plat is complete and in an acceptable form.
A request to combine both preliminary plat and final plat into one application shall be acted upon by the commission upon recommendation by the technical review committee.
C. Content Of Preliminary Plat 1 : The contents of the preliminary plat and related information shall be in such a 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 in ten (10) identical sets:
1. Ten (10) copies of the preliminary plat of the proposed subdivision, drawn in accordance with the requirements hereinafter stated: a) each copy of the preliminary plat shall be on good quality paper, b) shall have dimensions of not less than twenty four inches by thirty six inches (24" x 36"), c) shall be drawn to a scale of not less than one inch to two hundred feet (1" = 200'), d) 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 and other required public improvements; however, such engineering plans shall contain sufficient information and detail to enable the technical review committee to make a determination as to conformance of the proposed improvements to applicable regulations, ordinances, and standards.
3. Ten (10) copies of the 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 development, 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. The name of the proposed subdivision.
2. The names, addresses and telephone numbers of the subdivider or subdividers and the engineer or surveyor who prepared the plat.
3. The name and address of all adjoining owners of property whether or not bisected by a public right of way as shown on record in the county assessor's office.
4. The legal description of the subdivision.
5. A statement of the intended use of the proposed subdivision, i.e., residential single-family; two-family and multiple housing; commercial; industrial; recreational; or agricultural; and a showing of any sites proposed for parks, playgrounds, schools, churches or other public uses.
6. 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. A vicinity map showing the relationship of the proposed plat to the surrounding area (1/2 mile minimum radius, scale optional).
8. The land use and existing zoning of the proposed subdivision and the adjacent land.
9. Streets, street names, rights of way and roadway widths, including adjoining streets or roadways.
10. Lot lines and blocks showing the approximate dimensions and numbers of each.
11. A site report as required by the appropriate health district where individual wells or septic tanks are proposed.
12. Any dedications to the public and/or easements, together with a statement of location, dimensions, and purpose of such.
13. Any additional required information for special developments as specified in chapter 6 of this title.
14. A statement as to whether or not a variance, as specified in chapter 8 of this title will be requested with respect to any provision of this title describing the particular provision, the variance requested, and the reasons therefor.
15. A statement of how, if any, irrigation waters would be delivered to said subdivision.
E. Administrator Review:
1. Certification: Upon receipt of the preliminary plat and all other required data as provided for herein, the administrator shall certify the application as complete and shall affix the date of application acceptance thereon. He may thereafter place the preliminary plat on the agenda for consideration at the meeting of the technical review committee which is held no more than forty five (45) days after certification.
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, as appointed for this particular subdivision.
b. Other governing bodies having joint jurisdiction.
c. The appropriate utility companies, irrigation companies or districts and drainage districts.
d. The superintendent of the school district.
e. Other agencies having an interest in the proposed subdivision.
3. Administrator Recommendation: Upon expiration of the time allowance for department and agency review, the administrator shall prepare a recommendation to the technical review committee.
F. Technical Review Committee Recommendation:
1. The technical review committee shall review the preliminary plat from the viewpoint 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 that is made by the subdivider. The committee's recommendation shall include how deficiencies or shortcomings of the preliminary plat might be overcome.
3. The preliminary plat shall be placed on the agenda of the next regular commission meeting which is held not less than forty five (45) days after the committee meeting.
G. Public Notification: The administrator shall notify all adjoining property owners. Such written notification shall be mailed at least ten (10) days prior to the commission meeting.
H. Commission Action:
1. Hearing By Commission: Within a reasonable time, but no later than the next regular meeting following the committee's recommendation, the commission shall review the preliminary plat, the report from the committee, comments from concerned persons and agencies and the report from the administrator to arrive at a decision on the preliminary plat.
2. Commission's Findings: In determining the acceptance 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 the 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 forty five (45) 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 county commissioners 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 a preliminary plat and final subdivision, then a recommendation shall be forwarded to the county commissioners in the same manner as herein specified for a final plat. The commission may recommend that the combined application be approved, approved conditionally or disapproved.
I. Appeals: Any person or aggrieved party who appeared in person or writing before the commission 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 county commissioners within thirty (30) days from such commission action. Commissioners shall reply, in writing, within thirty (30) days after their next regular meeting.
J. 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. 09-09, 10-6-2009)
Notes
| 1 | 1. See chapter 6 of this title for special development subdivision requirements. |