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PRELIMINARY PLATS
(A) Any owner of land within the planning area boundary of the city seeking to subdivide property shall not proceed with any construction work on the proposed subdivision before obtaining preliminary plat approval nor shall the owner attempt to record the plat of the subdivision or any part thereof, including conveyance of title to any lot, prior to obtaining final plat approval from the Planning Commission.
(B) The conditions above shall also apply to lot splits and minor subdivisions, as defined in § 152.080(B).
(Ord. 2013-04-417, passed 4-2-13; Am. Ord. 2013-09-440, § 152.400.01, passed 9-3-13)
(A) Purpose. The purpose and intent of the pre-application conference is to afford the subdivider an opportunity to obtain the advice of the Planning Commission or staff in order to avoid unnecessary costs and delays to the subdivider and to give informal guidance to the development at a stage where potential points of conflict or differences can be readily resolved.
(B) Optional. When the owner of a tract of land proposes its subdivision, the subdivider is urged to discuss informally the intent of his subdivision with the Planning Commission or staff.
(C) Fees. Fees shall be collected for a pre-application conference as outlined in Chapter 155, its purpose being to acquaint the subdivider with plans and policies in effect that may be significant to his or her proposed subdivision.
(D) Sketch plans. The subdivider shall submit sketch plans and data showing existing conditions within the site and its vicinity and the proposed layout and development of the proposed subdivision. The sketch plan shall include the following information, all of which may be based on sources of information other than field survey data:
(1) The location of the tract in relation to the surrounding area.
(2) The total acreage in the proposed subdivision.
(3) All existing streets, roads, wet and dry watercourses, and other significant features of the tract within 500 feet thereof.
(4) Approximate location of proposed streets and property lines.
(5) An accurate sketch of the proposed site plan.
(6) A north arrow and graphic scale.
(7) Direction of and approximate distance to nearest existing major street intersection.
(8) Existing utilities and easements, if any.
(9) Proposed land use descriptions.
(10) Existing adjacent development.
(11) Existing easement and covenants affecting the tract or parcel.
(12) Any additional information the developer wishes to provide to give greater clarification and understanding of the development and its proposed use.
(E) Discussion. At the pre-application conference, the general character of the development will be discussed and items including zoning, utility services, street requirements, flooding and drainage, and other pertinent factors related to the proposed development will be reviewed. Discussions at the pre-application conference shall not imply any approval of subsequent preliminary or final plat approval, rather to serve as an exchange of information.
(Ord. 2013-04-417, passed 4-2-13; Am. Ord. 2013-09-440, § 152.400.02, passed 9-3-13)
(A) The application shall be submitted to the Planning Commission pursuant to the Tontitown development calendar and shall consist of the following:
(1) Application. A letter of intent along with a completed application form, as provided by the Planning Commission.
(2) Fee. Payment of the filing fee as specified in the application or schedule of fees.
(3) Preliminary plat. The number of copies of the preliminary plat as indicated on the application packet that includes all the requirements for a preliminary plat indicated in §§ 152.115 through 152.117. The preliminary plat shall be drawn clearly and legibly at a scale not smaller than one inch equals 100 feet.
(4) Drainage report. Submit drainage report, grading plan and erosion control plan. Drainage report shall be completed by a professional engineer and demonstrate compliance with city stormwater requirements.
(5) Deed. Copy of warranty deed showing ownership of property.
(6) Recorded plat. Copy of recorded plat of existing development, if any.
(Ord. 2013-04-417, passed 4-2-13; Am. Ord. 2013-09-440, § 152.400.03, passed 9-3-13)
(A) Administrative review and approval.
(1) The city staff and other appropriate city and public agency staff shall review the proposed subdivision for conformance with these regulations.
(2) In its review, the city staff shall take into consideration the requirements of the community and the use of the land being subdivided and may offer suggestions concerning changes needed that would enable the project to meet the purpose and intent of the subdivision regulations.
(3) Particular attention shall be given to width, arrangement and location of streets, utility easements, drainage, lot sizes and arrangements and other facilities such as parks, playgrounds or school sites, public buildings, parking areas, and the relationship of the proposed subdivision to adjoining, existing, proposed and possible subdivision of lands.
(4) Comments will be sought from county officials who may provide recommendations as applicable to development within the planning area but outside the city limits.
(B) Other city departments. The city staff may distribute copies of the preliminary plat to other city departments and officials with the request that its recommendations for either approval or disapproval be provided in writing. Such recommendations shall be given to the Planning Commission.
(C) Planning Commission action.
(1) Changes or additions. After the Planning Commission has reviewed the preliminary plat and taken into account any staff recommendation, the applicant shall be advised of any required changes and/or additions.
(2) Action. The Planning Commission shall approve, approve conditionally, or disapprove the preliminary plat within 120 days from the date of receipt thereof or the preliminary plat shall be deemed approved unless the subdivider stipulates in writing to the Planning Commission that additional time is allowed. If disapproved, the preliminary plat shall be returned to the subdivider with a written statement as to the reasons for disapproval.
(3) Disapproval. A disapproved preliminary plat may be resubmitted. The plat shall be submitted for review as outlined in this regulation for an original preliminary plat submission.
(Ord. 2013-04-417, passed 4-2-13; Am. Ord. 2013-09-440, § 152.400.04, passed 9-3-13)
The preliminary plat may be approved by the Planning Commission when the applicant has provided clear and convincing evidence that:
(A) Water. Definite provision has been made for a water supply system that is sufficient in terms of quantity, dependability, fire protection, and quality to provide an appropriate supply of water for the type of subdivision proposed. The applicant shall provide verification of approval from the State Department of Health or governing utility.
(B) Sewer. 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. The applicant shall provide verification of approval from the State Department of Health or governing utility.
(C) Special precautions. 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.
(D) Transportation.
(1) The existing transportation system is adequate to accommodate the traffic to be generated by the subdivision. The Planning Commission may require, as part of plat approval, a traffic study, prepared by professional traffic engineer and paid for by the developer, demonstrating that existing streets can handle the proposed traffic. The city also may require that the developer provide plans and profiles showing existing ground surface, proposed and established street grades, including extensions for a reasonable distance beyond the limits of the proposed development.
(2) If the traffic study indicates that the development will create more demand than the existing transportation system can accommodate, the developer shall show that it will make appropriate off-site improvements to meet the increase in demand and capacity.
(3) The city reserves the right to hire an independent consultant to verify the findings of the original study.
(E) Testing verification. The city may require borings and soundings be made in specific areas to ascertain subsurface conditions where proposed subdivision will not be served by public sanitary sewer service. The data will be submitted to the Arkansas Department of Health when obtaining approval of the subdivision sanitary facilities.
(F) Mitigation. The developer has taken every effort to mitigate the impact of the proposed subdivision on public health, safety, and welfare.
(Ord. 2013-04-417, passed 4-2-13; Am. Ord. 2013-09-440, § 152.400.05, passed 9-3-13)
Receipt of an approved or conditionally approved copy of the preliminary plat, together with an approved copy of the improvements plan shall constitute authorization of the Planning Commission for the subdivider to proceed with the installation of improvements and the staking out of lots and blocks. The subdivider, after conditional approval of the preliminary plat, shall complete all improvements required under this regulation prior to filing a final plat application.
(Ord. 2013-04-417, passed 4-2-13; Am. Ord. 2013-09-440, § 152.400.06, passed 9-3-13)
(A) Expiration. The preliminary plat approval shall automatically expire one year from the original date of approval and further development work will require approval of another preliminary plat. An approved preliminary plat conditioned upon the developer completing a list of deficiencies shall also be considered to be null and void should the list of deficiencies in its entirety not be completed within the designated six-month period from the date of preliminary plat approval.
(B) Extensions. If at the end of the expiration time approved in division (A) above for the preliminary plat, the subdivider submits a written request for extension of the preliminary approval, the Planning Commission may grant an extension of up to 12 additional months providing, in the opinion of the Planning Commission, sufficient work has been completed with respect to the required improvements on the property. No more than one extension shall be granted.
(Ord. 2013-04-417, passed 4-2-13; Am. Ord. 2013-09-440, § 152.400.07, passed 9-3-13)
FINAL PLATS
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