(A) Information and data required. The following shall be shown on the preliminary plat or submitted with it:
(1) Proposed name of the subdivision by which it shall legally and commonly be known. The name shall not closely approximate or duplicate any other subdivision on record in the city, the state or its immediate vicinity;
(2) Name and address of the proprietor. Name, address, registration number, and official seal impression on the preliminary plat of the engineer or surveyor who designed the preliminary plat. The scale shall not be smaller than one inch = 100 feet. A north arrow shall be shown. Total acreage within the subdivision shall be indicated;
(3) Layout of all proposed lots with approximate dimensions and lot numbers. All lots shall be designated by consecutive numbers. Building setback lines, parallel to proposed streets, shall show the pertinent dimensions;
(4) Preliminary engineering and general descriptions and drawings showing proposed improvements. The engineering plan shall contain enough information and detail to enable the city to make a preliminary determination as to the conformance of the proposed improvements to applicable city requirements;
(5) Location of section lines, city limit lines, existing previously platted lots within the area to be platted and in areas immediately adjacent thereto. Existing streets, alleys, easements, railroads, utility rights-of-way, parks, public open space, buildings, structures, and any other existing improvements shall be shown;
(6) A description of the boundaries of the proposed subdivision acceptable to the City Engineer or the City Manager;
(7) Drawings indicating the existing and proposed contours at intervals not to exceed two feet, subject to the approval of the City Engineer or City Manager. Elevations shall be based on the city datum and geological survey datum. Other engineering data as may be required by the city related to street crossings, sewer elevations, water elevations, and similar conditions shall be submitted;
(8) Existing water mains, storm sewers, sanitary sewers, gas lines, power lines, telephone lines, or other existing facilities, together with any ditches, culverts, or natural watercourses, including data on general size, types, and elevations of these existing utilities, which are within or adjacent to the area to be subdivided;
(9) Location of floodplain areas, rivers, streams, creeks, lakes, county drains, lagoons, slips, waterways, bays, canals, and any artificial impoundments, either existing or proposed, within or adjacent to the area to be platted;
(10) A map of the entire area scheduled for development, if the proposed plat is a portion of a larger holding intended for subsequent development;
(11) A description of the type of residential buildings and the number of dwelling units contemplated, unless specifically waived by the city. In addition, the proprietor shall furnish a draft of his or her proposed protective covenants or deed restrictions, if any, whereby he or she proposes to regulate land use in the subdivision and otherwise protect the proposed developments;
(12) A statement of the intended uses of the proposed plat, such as residential single-family, two-family, multiple-housing, commercial, industrial, or recreation;
(13) A general description of any site proposed for parks, playgrounds, schools, or any parcel of land within the subdivision intended to be dedicated or reserved for public use or set aside for use by the property owners within the subdivision;
(14) The existing land use and zoning of the proposed subdivision and adjacent properties and intersecting boundaries thereof. Tax numbers of adjacent unplatted parcels, or lot numbers if the adjacent land is subdivided;
(15) Layout of all proposed streets, alleys, and easements showing general course, widths, lengths, and proposed street names;
(16) A description of all land owned by the proprietor adjacent to the land in the preliminary plat, together with a statement of present plans for the development of that adjacent land;
(17) An affidavit setting forth the names and addresses of all property owners within 300 feet of the property proposed for any subdivision or plat; and
(18) Subsurface conditions on the tract, if required by the Planning Commission; location and results of tests made to ascertain subsurface soil, rock, and groundwater conditions; depth to groundwater unless test pits are dry at a depth of five feet; location and results of soil percolation tests, if requested.
(B) Planning Commission — tentative approval.
(1) Application. The proprietor shall submit one brown-line sepia and ten copies of the preliminary plat; and one original and ten copies of the documents containing all of the information required by division (A) of this section to the City Clerk at least 26 calendar days before the next regular meeting of the Planning Commission, at which time the request for tentative approval of the preliminary plat is first to be considered.
(2) Action required.
(a) The Planning Commission shall hold a public hearing on the preliminary plat and accompanying information and shall review the same for compliance with law and the recommendations of the city.
(b) It shall be the duty of the Secretary of the Planning Commission publicly to advertise the hearing in the official newspaper of the city and send notice thereof by mail to all owners of land immediately adjoining or within 300 feet of the property proposed to be platted. The time and place of the meeting of the Planning Commission to consider the preliminary plat and accompanying information shall be given.
(c) The Planning Commission may, immediately following the public hearing, but shall within 60 days after the preliminary plat is first submitted to it, unless the proprietor agrees to an extension in writing, grant tentative approval; tentative approval subject to certain modifications, and/or written conditions; or disapproval of the proposed plat. Otherwise, the plat shall be deemed to have been approved. A certificate to that effect shall be issued by the Planning Commission on demand.
(d) If approved with modifications and/or conditions by the Planning Commission, the reasons therefor shall be specified in writing. In approving a plat, with or without modifications or conditions, the Planning Commission may grant variances from the regulations in this chapter but only in accordance with the standards set out in § 152.009 and must state its reasons therefor in writing.
(e) If approved conditionally, the conditions and reasons therefor shall be stated in writing. For any conditional approval requiring a change in the plat, the Planning Commission may require the proprietor to submit a revised preliminary plat to the governing body.
(f) If disapproved, the reasons for that action shall be stated in writing. The Planning Commission shall in writing recommend any modifications that would, if made, render the plat acceptable to the Planning Commission.
(g) One copy of the preliminary plat as acted on by the Planning Commission and signed by its Secretary and noting the action taken shall be retained in its records. One signed copy shall be delivered to the proprietor.
(h) Tentative approval of the preliminary plat by the Planning Commission shall be effective for one year from date of approval. Following this approval, the general terms and conditions of the approval shall not be changed; provided, however that, in the event there is a change in zoning classification of the land contained within a proposed plat, any approval given shall be null and void. No zoning change within the proposed plat shall be considered unless the change is consented to by the proprietor in writing filed with the city.
(i) A resolution containing the action of the Planning Commission together with five copies of the plat and accompanying documents shall be forwarded to the City Commission for consideration of tentative approval of the preliminary plat.
(C) City Commission — tentative approval.
(1) Within 30 days from the date of the Planning Commission’s action, unless the proprietor agrees to an extension in writing, the City Commission shall give tentative approval; tentative approval subject to certain modifications and/or written conditions; or disapproval of the proposed plat. Any approval shall be effective for one year. After the approval, the general terms and conditions of that approval shall not be changed. The City Commission may, but need not, hold a public hearing on the proposed preliminary plat.
(2) No installation or construction of any improvements shall be made before final approval of the preliminary plat by the City Commission, and only after the engineering plans have been approved by the City Engineer or City Manager.
(3) If approved conditionally, any and all conditions must be met prior to any consideration by the City Commission for final preliminary plat approval.
(4) In the event a preliminary plat is disapproved at this tentative approval stage by the City Commission, it shall not be again considered by the City Commission until it shall have been again considered and acted upon by the Planning Commission.
(5) No person, firm, or corporation proposing to make or have made a subdivision or a resubdivision within the jurisdictional limits of these regulations shall enter into any contract for the sale of or shall offer for sale the subdivision or any part thereof, or shall proceed with any construction work on the proposed subdivision, including grading, until he, she, or it has attained from the Planning Commission the tentative approval of the preliminary plat of the proposed subdivision.
(1993 Code, § 153.16) Penalty, see § 152.999