A. Filing Of Preliminary Plat Application And Data: The subdivider shall file with the administrator a complete subdivision application form and preliminary plat data as required in this section.
B. Combining Preliminary And Final Plat In Minor Subdivisions:
1. The applicant may request that the subdivision be processed as both a preliminary and final plat if all the following exist:
a. The proposed subdivision does not exceed four (4) lots;
b. No new street dedication or street widening is involved;
c. No major special development considerations are involved, such as development in a floodplain, hillside development or the like;
d. All required information for both preliminary and final plat is complete and in an acceptable form; and
e. The proposed subdivision is not in conflict with any comprehensive plan or zoning ordinance of the city.
2. A request to combine both preliminary plat and final plat into one application shall be acted upon by the council upon recommendation of the administrator.
C. Required Information And Data:
1. The contents of the preliminary plat and related information shall be in such a form as stipulated by the city council; however, any additional maps or data deemed necessary by the council may also be required.
2. The subdivider shall submit to the administrator at least the following:
a. Six (6) copies of the preliminary plat of the proposed subdivision, drawn in accordance with the requirements hereinafter stated. Each copy of the preliminary plat shall be on good quality paper, shall have the dimensions of not less than eighteen inches by twenty seven inches (18" x 27"), shall be drawn to a scale of one inch to one hundred feet (1" = 100') or larger, shall show the drafting date, and shall indicate thereon, by arrow, the generally northerly direction;
b. Six (6) 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 make a determination as to conformance of the proposed improvements to applicable regulations, ordinances and standards;
c. A written application with authorized signatures of the owners requesting approval of the preliminary plan; and
d. Appropriate information that sufficiently details the proposed development within any special development area, such as hillside, planned unit development, floodplain, cemetery, mobile home, manufactured home, large scale development, hazardous and unique areas of development.
3. The following shall be submitted separately:
a. The name of the proposed subdivision;
b. The name, address and telephone numbers of the subdivider or subdividers and the engineer or surveyor who prepared the plat;
c. The name and address of all adjoining owners of property and residents within three hundred feet (300') of the external boundaries of the land being considered, whether or not bisected by a public right of way, as shown on record in the county assessor's office;
d. The legal description of the subdivision;
e. The statement of the intended use of the proposed subdivision, such as residential single-family, two-family and multiple housing, commercial, industrial, recreational or agricultural and a designation of any sites proposed for parks, playgrounds, schools, churches or other public uses;
f. A map of the entire area scheduled for development if the proposed subdivision is a portion of a larger holding intended for subsequent development. A map shall be submitted showing the location of existing buildings, water bodies or courses and the location of currently dedicated streets at the point where they adjoin and/or are immediately adjacent; provided, that actual measured distances shall not be required;
g. A vicinity map showing the relationship of the proposed plat to the surrounding area (1/2 mile radius, scale option);
h. The land use and existing zoning of the proposed subdivision and the adjacent land;
i. Streets, street names, rights of way and roadway widths, including adjoining streets or roadways;
j. Lot lines and blocks showing the dimensions and numbers of each;
k. Contour lines, shown at twenty foot (20') intervals where land slope is greater than eight percent (8%) and at five foot (5') where land slope is eight percent (8%) or less, referenced to an established bench mark, including location and elevation;
l. A site report as required by the appropriate health district where individual wells or septic tanks are proposed;
m. Any proposed or existing utilities, including, but not limited to, storm and sanitary sewers, irrigation laterals, ditches, drainages, bridges, culverts, water mains, fire hydrants and their respective profiles;
n. Any dedications to the public and/or easements, together with a statement of location, dimensions and purpose of such;
o. Any additional required information for special developments as specified in chapter 5 of this title; and
p. A statement as to whether or not a variance, as specified in section 10-6-3 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.
4. The preliminary plat shall clearly show the following:
a. Primary control points, approved by an engineer/surveyor designated by the city, or a description and ties to such control points, to which all dimensions, angles, bearings and similar data on the plat shall be referenced. Such primary control points must include either a section corner or quarter section corner, according to government survey.
b. Location and description of monuments.
c. Tract boundary line, property lines, lot lines, and right of way lines of streets, easements and other rights of way, with accurate dimensions, bearings or deflection angles and radii, arcs and center angles of all curves.
d. Names and locations of adjoining subdivisions.
e. The length of all lot lines dimensioned in feet and decimals thereof, and the value of all required true bearings and angles dimensioned in degrees, minutes and seconds.
f. The blocks numbered consecutively throughout the entire subdivision and lots numbered consecutively throughout each block, with areas to be excluded from platting marked "Reserved" or "Not a Part".
g. The outline of any property, other than streets or alleys, by lengths and bearings, with the area marked "Public" and showing the proposed use.
h. A title which shall include the name of the subdivision, name of the city, county and state, and the location and description of the subdivision referenced to section, township and range.
i. Scale, north arrow and date.
j. Plats must be prepared and signed by a professional land surveyor. A civil engineer must prepare and sign the improvement plans for the development and any other required off site improvements.
D. Procedure For Approval Of Preliminary Plat:
1. Administrative Review:
a. Certification By Council, Public Hearing: 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. The council shall schedule a public hearing, which hearing shall be held within forty five (45) days of the date of certification of a complete application.
b. Review By Other Agencies: The administrator shall refer the preliminary plat and application to as many governmental agencies as required by law or as deemed necessary. Such agencies may include the following:
(1) Other governing bodies having joint jurisdiction;
(2) The appropriate utility companies, irrigation companies or districts and drainage districts;
(3) The superintendent/school board of the school district; and
(4) Other agencies having an interest in the proposed subdivision, including, but not limited to, fire/safety, police, emergency, transportation, commerce.
c. Recommendation By Administrator: The administrator shall provide that any transmittal as provided in subsection D1b of this section will be returned within twenty (20) days. At the end of the twenty (20) day period, the administrator shall supply all agency responses to the council.
2. Public Notification:
a. At least fifteen (15) days prior to the date set for preliminary subdivision hearing, the administrator shall cause to be published in the legal city newspaper, a notice of the public hearing. Such notice shall give the date, time, place and purpose of the hearing and a description of the location in clear and concise language.
b. The city shall inform all property owners within a three hundred foot (300') radius of the subject site by mail by a prepared notice of public hearing identifying the date, time, place and purpose of the hearing. All property owners shall be deemed notified by mail when the notice directed to the property owners' attention is deposited in the U.S. mail at least ten (10) days prior to the hearing. Said property owners are those shown on the most current assessor's records obtained by the subdivider and from a title company no more than thirty (30) days prior to the hearing.
c. One or more signs no smaller than eleven inches by seventeen inches (11" x 17") shall be supplied and erected by the city in a conspicuous place as determined by the administrator at least seven (7) days prior to the hearing. Said sign will be supplied by the city. Legible block lettering shall state: subdivision name; number of acres; number of lots; proposed zoning; proposed use; subdivider's name, address and telephone number; and date, time and place of hearing.
d. All costs related to public notification shall be borne by the developer.
3. Public Hearing: A public hearing shall be held on the subdivision in accordance with the city hearing procedures ordinance. If a quorum is not present at the council meeting, the public hearing will be continued to the next regular council meeting and dealt with by the council at that time.
4. Action By Council:
a. Council Findings: In determining the acceptance of a proposed subdivision, the council shall consider the objectives of this title and at least the following:
(1) The conformance of the subdivision with the comprehensive development plan;
(2) The availability of public services to accommodate the proposed development;
(3) The continuity of the proposed development with any capital improvement program;
(4) The public financial capability of supporting services for the proposed development; and
(5) Conditions necessary to mitigate the impact the development will have on public facilities and other health, safety and environmental problems that may be brought to the council's attention.
b. Action On Preliminary Plat: The council may approve, conditionally approve, disapprove or table for a period not to exceed sixty (60) days. Such action shall occur within sixty (60) days of the date of the regular meeting at which the plat is first considered by the council. The action, and the reasons for such action shall be stated in writing by the council and forwarded to the applicant. Upon granting or denying a preliminary plat, the council shall specify:
(1) The ordinance and standards used in evaluating the application;
(2) The reasons for recommending approval or denial; and
(3) The actions, if any, that the applicant could take to obtain approval of the preliminary plat.
c. Action On Combined Preliminary And Final Plat: If the council conclusion is favorable to the subdivider's request for the subdivision to be considered as both a preliminary plat and final plat, then action shall be taken in the same manner as herein specified for a final plat. The council may approve, approve conditionally or disapprove the combined application.
E. Approval Period:
1. Failure to file with and obtain the certification of the acceptance of the final plat application by the council within one year after action by the city council shall cause all approvals of said preliminary plat to be null and void, unless the subdivider, prior to said expiration date, applies for an extension of time and such extension is granted by the city council.
2. In the event that the development of the preliminary plat is made in successive, contiguous segments in an orderly and reasonable manner, such phasing would be allowed if submitted within successive intervals approved by the city council at the time the preliminary plat is approved. Final plats would be submitted for each successive phase as needed. (Ord. 98-4, 10-12-1998)