(A) Sketch plan.
(1) Prior to the filing of an application for conditional approval of the preliminary plat, the subdivider shall submit for review with the Planning Commission staff, subdivision sketch plans which shall contain the following information: tract boundaries; north point; description of nature and purpose of tract; streets and alleys on and adjacent to the tract; significant topographical and physical features; proposed general street layout; and proposed general lot layout.
(2) Such sketch plans will be considered as submitted for informal and confidential discussion between the subdivider and the Commission staff. Submission of a subdivision sketch plan shall not constitute formal filing of a plat with the Commission.
(3) As far as may be practical on the basis of a sketch plan, the Commission staff will informally advise the subdivider as promptly as possible of the extent to which the proposed subdivision conforms to the design standards of this chapter and will discuss possible plan modifications necessary to ensure conformance.
(B) Procedure for conditional approval of preliminary plat.
(1) The tracing and eight dark line prints of the preliminary plat and the original and eight dark copies of sheets of data accompany the plat shall be filed with the Zoning Administrator, along with written application for conditional approval, who shall issue a receipt for same, dated as of the date of filing. If satisfactory, the original and two copies of everything shall be retained for the Planning Commission, and one copy given to the City Administrator for the Council and five copies to the City Utility and Street Departments.
(2) Under each of the following conditions, one additional copy of everything shall be required in filing and shall be transmitted to the official referred to, with advice to the effect that any recommendations for consideration by the Planning Commission in acting on the plat should be received within 14 days after the date of filing.
(a) When land to be subdivided lies outside the corporate limits of the city, the County Highway Engineer of the appropriate county.
(b) When such land abuts on a state trunk highway, the State Highway Commissioner.
(3) Not less than five days before the date of a meeting of the Planning Commission at which a preliminary plat is scheduled for consideration, the Secretary will so notify by U.S. mail the subdivider and the record owners of the property immediately adjoining the land within the plat. The Planning Commission shall act on such plat and give due consideration to any recommendations received.
(4) Before approval of a preliminary plat by the Planning Commission, the Zoning Administrator and Council shall have reviewed and forwarded recommendations, when necessary, which take into consideration the prospective character of the development of the area included in the plat and of the surrounding territory, and shall be satisfied that the prospective development will conform to the land use plan, or other portions of the Comprehensive Plan, density of population, kinds, widths, and orientation of streets and kinds, locations, and sizes of other public areas and facilities.
(5) It is the intent of these regulations that the subdivider file for conditional approval of the preliminary plat with the Zoning Administrator, and that the action regarding such conditional approval shall issue from the Planning Commission following consideration at a meeting for which the preliminary plat is scheduled. Such consideration shall involve recommendations, if any, from the Council and the City Engineer, and other concerned officials where necessary.
(6) If the Planning Commission fails to act within a reasonable time as fixed by the Council, the Zoning Administrator shall advise the subdivider of any and all recommendations received with respect thereto and shall negotiate with him or her to the end that such of these recommendations as may be consistent with these regulations shall be satisfied. Thereupon, the preliminary plat shall be re-submitted to the Planning Commission for action before the final plat is made.
(7) (a) Conditional approval of a preliminary plat shall not constitute approval of the final plat (subdivision plat). Rather, it shall be deemed to be an expression of approval to the layout submitted on the preliminary plat, and act as an authorization and guide to proceed with the preparation of the final plat.
(b) This approval of the preliminary plat shall be effective for a period of six months, unless an extension is granted by the Council. The subdivider may file a final plat limited to such portion of the preliminary plat which he or she proposes to record and develop at the time; provided, that such portion must conform to all requirements of this chapter.
(C) Procedure for approval of final plat.
(1) (a) After review and approval of the preliminary plat by the Council and Planning Commission, the subdivider shall cause the subdivision to be surveyed, staked, and monumented by a qualified land surveyor or registered engineer.
(b) Where permanent monuments are not already in place, monuments consisting of iron rods at least one inch and a quarter in diameter and 48 inches in length and encased in concrete at least four inches in diameter shall be set at the intersections of all boundary angles of the subdivision and at the intersections of street, alley, and boundary lines, all flush with the finished grade except that those within a roadway may be set at sub-grade level.
(c) Iron rods of one inch and a quarter or more in diameter and 24 inches or more in length, set flush with the finished grade, shall be located at the boundary angles, intersections, and points of curvature of all lot, street, alley, and boundary lines, where permanent monuments are not set. Offset markers will be permitted in situations prohibiting the placing of markers in the locations described above. The exact location of all markers shall be shown on the final plat, together with accurate internal angles, bearing, and distances.
(2) The plat may then be prepared in final form, and both survey and plat shall conform to the preliminary plat as approved, including the required modifications.
(3) The final plat shall be drawn in accordance with the state statutes.
(4) The Zoning Administrator shall check the final plat and accompanying data for conformity with the law, this code of ordinances, and with these regulations, and any conditions or modifications of the preliminary plat, and shall also check the plat and survey for required accuracy, before accepting the plat for filing. A traverse of the boundaries of the plat and of all lots and blocks, when computed from field measurements of the ground, must close within a limit of error of one foot to 5,000 feet of perimeter. The final plat and at least four dark line prints thereof, with required data accompanying each, shall be filed with the Zoning Administrator within six months after the date of approval of the preliminary plat.
(5) The final plat shall be submitted, along with written application for approval of the final plat, at least ten days prior to a Commission meeting at which consideration is requested. Approval or disapproval of the final plat will be conveyed to the subdivider in writing within ten days after the meeting of the Planning Commission at which such plat was considered. In case the plat is disapproved, the subdivider shall be notified of the reason for such action and what requirements shall be necessary to meet the approval of the Commission.
(6) After a review and approval of the final plat by the Planning Commission, such final plat, together with the recommendations of the Planning Commission shall be submitted to the Council for approval. If accepted, the final plat shall be approved by resolution, which resolution shall provide for the acceptance of all streets, alleys, easements or other public ways, and parks, or other open spaces dedicated to public purposes. Failure of the Council to act on the application within 60 days shall be deemed as approval. If disapproved, the grounds for any refusal to approve a plat shall be set forth in the proceedings of the Council and reported to the person or persons applying for such approval.
(2006 Code, § 12.03)