(Ord. 1379, 6-9-2008; amd. Ord. 1578, 8-18-2014)
(A) Preapplication Procedure:
1. Preapplication Conference: Prior to the filing of an application for approval of the preliminary plat, the subdivider may submit to the plan commission plans and data as specified in this section. This step does not require formal application, fee or filing of the plat. The purpose of the preapplication conference is to give the subdivider an opportunity to receive the advice and assistance of the plan commission and to consult early and informally with the plan commission staff before preparation of the preliminary plat and before a formal application for its approval, in order to save time and money and to make the most of his opportunities.
2. Recommended Preapplication Plans And Data:
(a) The general subdivision information should describe or outline the existing conditions of the site and the proposed development as necessary to supplement the drawing listed below. This information may include data on existing covenants; land characteristics; available community facilities and utilities; and information describing the subdivision proposal such as number of residential lots, typical lot width and depth, price range, business areas, school, playground, park areas, other public areas, proposed protective covenants and proposed utilities and street improvements.
(b) The sketch plan, on topographic survey, should show in simple sketch form the proposed layout of streets, lots, and other features in relation to existing conditions. The sketch plan may be a freehand pencil sketch made directly on a print of the topographic survey. The sketch plan should include the existing topographic data listed in subsection (C)1 of this section.
3. Notification: Within thirty (30) days the plan commission must inform the subdivider whether or not the plans and data as submitted or as modified meet the objectives of this title. When the plan commission finds the plans and data do not meet the objectives of this title, it must express in writing to the subdivider its reasons for its findings.
(B) Filing: The subdivider must prepare a preliminary plat, together with improvement plans and other supplementary material as specified in this chapter. Four (4) copies of the preliminary plat and supplementary material specified must be submitted to the secretary of the plan commission with a written application for conditional approval.
(C) Preliminary Plat Contents:
1. Existing Conditions: Topographic data required as a basis for the preliminary plat must include existing conditions as follows except when otherwise specified by the plan commission:
(a) Boundary lines: Bearings and distances.
(b) Easements: Location, width and purpose.
(c) Streets on and adjacent to the tract: Name and right of way width and elevation of surfacing; and legally established centerline elevations; walks, curbs, gutters, culverts, etc.
(d) Utilities on and adjacent to the tract: Location, size and invert elevation of sanitary, storm and combined sewers; location and size of water mains; location of gas lines, fire hydrants, electric and telephone lines and streetlights; of water mains and sewers which 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 tract, based on the city datum plane: For land that slopes less than one-half percent (1/2%) show not less than one foot (1') contours, show spot elevations at all breaks in grade, along all drainage channels or swales, and at selected points not more than one hundred feet (100') apart in all directions, and for land that slopes more than two percent (2%) show not less than two foot (2') contours.
(f) Subsurface conditions on the tract, if required by the plan 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 (5'); location and results of soil percolation tests if individual sewage disposal systems are proposed.
(g) Other conditions on the tract: Watercourses, marshes, rock outcrop, wooded areas, isolated preservable trees one foot (1') or more in diameter, houses, barns, shacks and other significant features.
(h) Other conditions on adjacent land: Approximate direction and gradient of ground slope, including any embankments or retaining walls; character and location of buildings, railroads, power lines, towers, and other nearby nonresidential land uses or adverse influences; owners of adjacent unplatted land; for adjacent platted land refer to subdivision plat by name, recording date, and number, and show approximate percent built up, typical lot size, and dwelling type.
(i) Zoning on and adjacent to the tract.
(j) Proposed public improvements: Highways or other major improvements planned by public authorities for future construction on or near the tract.
(k) Key plan showing location of the tract.
(l) Title and certificates: Present tract designation according to official records in offices of the county recorder; title under which proposed subdivision is to be recorded, with names and addresses of owners, notation stating acreage, scale, north arrow.
2. Preliminary Plat Data: The preliminary plat must be drawn to a scale of one inch equals one hundred feet (1" = 100'). It must show all existing conditions required by this section, above, and must show all proposals including the following:
(a) The proposed name of the subdivision.
(b) Its location by section, township and range and as forming a part of some larger tract or parcel of land referred to in the indexes of the records of the county clerk.
(c) Sufficient information to accurately locate the plat. (Reference to existing streets, plats, etc., may be used. If there are none within a reasonable distance of the proposed subdivision, a vicinity plat on a small scale should accompany the preliminary plat.)
(d) The description and location of all survey monuments erected in the subdivision.
(e) The names and addresses of the persons to whom the notice of the hearing should be sent (the subdivider, the designer of the subdivision, and the owners of the land immediately adjoining the land to be platted).
(f) The names, locations, roadway widths, right of way widths, approximate gradients and other dimensions of streets, alleys, easements, parks and other open spaces.
(g) Sites, if any, for multi-family dwellings, shopping centers, churches and industry.
(h) All parcels of land intended to be dedicated for public use or reserved for the use of all property owners with the purpose indicated. The areas that are to be maintained by any proposed homeowners' association must be identified.
(i) Location and size of utilities.
(j) Block numbers and layout, numbers, dimensions and area of lots.
(k) Setbacks, showing dimensions.
(l) North arrow, scale and date of preparation.
3. Covenants: A draft of protective covenants (if any), by which the subdivider proposes to regulate land use and otherwise protect the proposed development must be included. Upon approval, these would be enforced by a "homeowners' association", as defined by this title.
(D) Plan Commission Conditional Approval:
1. The plan commission must review the preliminary plat for compliance with the requirements of chapter 9 of this title. If the plan commission determines that the plat complies with all requirements of this title, the plan commission must recommend approval. If the plat does not comply, the plan commission must recommend disapproval of the preliminary plat and must state the reasons for disapproval. The plan commission must make its recommendations within thirty (30) days.
2. If the plan commission conditionally approves the preliminary plat, it must state the conditions of the approval; if it disapproves, it must state the reasons for disapproval.
3. The action of the plan commission will be noted on three (3) copies of the preliminary plat, referenced and attached to any conditions applied. One copy must be returned to the subdivider, one must be forwarded with a report to the city council, and the other must be retained by the plan commission.
(E) City Council Action: The city council must conditionally approve or deny the preliminary plat upon motion and a majority vote.
(F) Effect Of Conditional Approval: Conditional approval of a preliminary plat does not constitute approval of the final plat. Rather it will be deemed an expression of approval of the layout submitted on the preliminary plat as a guide to the preparation of the final plat. (Ord. 1379, 6-9-2008)