176.01 Pre-Application Procedure – Discussion of Plans | 176.05 Specifications for Pre-Application Plans and Data |
176.02 Pre-Application Procedure – Advice to Subscriber | 176.06 Specifications for Preliminary Plat |
176.03 Preliminary Plat Procedure | 176.07 Specifications for Final Plat |
176.04 Final Plat Procedure |
Before subdividing any tract of land and previous to the filing of an application for conditional approval of the preliminary plat, the subdivider should meet with the City administrative official and discuss the plans. Plans and data should be presented to the administrative official as specified in Section 176.05 of these subdivision regulations. This step does not require formal application, fee or filing of plat with the administrative official.
1. The purpose of the pre-application procedure is to afford the subdivider an opportunity to meet and receive the advice and assistance of the administrative official, and to consult early and informally with the administrative official before preparation of the preliminary plat and before formal application for its approval, in order to save time and money and to make the most of the subdivider’s opportunities.
2. The subdivider should also consult with parties potentially interested, with the subdivider or with the ultimate users of the development, such as lending and mortgage insurance institutions, with a view to reaching, at this initial stage, firm conclusions regarding what part of the market demand should be served, the suitability of the location of the proposed subdivision, the most advantageous subdivision plan, the arrangement of streets, lots and other features of the proposed development.
3. Either at the time of meeting or within 15 days after such meeting and discussion, the administrative official shall inform the subdivider that the plans and data, as submitted or as modified, do or do not meet the objectives of these subdivision regulations. When the administrative official finds the plans and data do not meet the objective of these subdivision regulations, said official shall express the reasons therefor.
1. Preparation. On reaching conclusions informally, as recommended in Section 176.01 of this chapter, regarding the general program and objectives, the subdivider shall cause to be prepared a preliminary plat, together with improvement plans and other supplementary material as specified in Section 176.06 of this chapter.
2. Initial Submittal, Requirements. For initial submittal, five prints of the preliminary plat shall be provided for review by the City. Preliminary plats and fees shall be submitted to the administrative official in accordance with the submittal and review schedule approved by the Council. The administrative official shall immediately refer one copy to the City Engineer upon receipt of a preliminary plat.
3. Land Subject to Flooding or Poor Drainage. No land shall be approved for subdivision which is subject to periodic flooding or which contains extremely poor drainage facilities. However, if the subdivider agrees to make improvements that will, in the opinion of the subdivider’s engineer, make the area completely safe for occupancy, and provide adequate drainage, the preliminary plat may be approved upon recommendation of the City Engineer.
4. Notice of Meeting Time and Place. The administrative official shall notify the owner or subdivider as to the time and place of the meeting when the plat will be reviewed. The administrative official may direct that the owner or subdivider attend any deliberation on the submitted plat.
5. Review and Action; Time Limit. The Commission shall study and act on the preliminary plat and the City Engineer shall study said plat and plans in regard to street layout and the provision of water and sewage and make recommendations on these aspects to the Commission, all to be accomplished within 45 days after submittal to the administrative official. If the Council disapproves a plat, the reasons for disapproval shall be remedied prior to further consideration. The plat shall not be approved and construction shall not begin until the plans and specifications for necessary improvements have been reviewed by the City Engineer and approved by the Council.
6. Favorable Action. If the Commission acts favorably on a preliminary plat, a notation to that effect shall be made on the plat above the signature of the Chairperson and Secretary, and it shall be referred to the Council for action. The Council shall act within 45 days. The Council’s action shall be noted on the plat, signed by the Mayor, attested to by the City Clerk, and returned to the subdivider for compliance with final plat requirements.
7. Conditional Approval; Rights of Applicant; Time Limit. Conditional approval of the preliminary plat shall confer upon the applicant the following rights for a two-year period from the date of approval:
A. The general terms and conditions under which the preliminary approval was granted will not be changed.
B. The applicant may submit on or before the expiration date the whole or part of said plat for final approval.
C. No more than two building permits on land zoned for R Residential Districts, and no more than one building permit on land zoned for C Commercial, and M Industrial Districts shall be issued for any parcel or plat of land that was created by subdivision. However, such structures shall not be occupied or sold prior to the granting of final approval for the subdivision by the Council and recording of the plat thereof.
D. After prior Council approval, and subject to obtaining site plan approval in property zoned for C Commercial or M Industrial Districts, a property owner may construct or locate a temporary commercial structure; provided, said temporary commercial structure shall not be occupied after one year following site plan approval, and shall be removed within 13 months of such approval.
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