In obtaining final approval of a proposed subdivision by the Commission and the Council, the subdivider shall submit a preliminary plat and final plat in accordance with the following order and procedure:
A. Presubmission Conference:
1. Whenever the owner(s) of any tract of land located within the platting jurisdiction of the City is desirous of subdividing the same, said individual(s) shall submit to the West Des Moines Planning Department a request for a preapplication conference. The purpose of said conference shall be to acquaint the City staff with the proposed subdivision and to acquaint the owner(s) or developer(s) with procedures and/or any special problems which might relate to the subdivision and adjoining property.
2. Whenever a parcel of land submitted for subdivision is contained within a larger tract held by the owner(s) that is also capable of further division, or when a tract of land is submitted which contains vacant or developable land adjoining within two hundred feet (200'), said individual(s) wishing to subdivide shall supply a master plan showing how the aforementioned properties could logically be developed in accordance with normal practices of street design and lot layout, and in accordance with the Comprehensive Plan for the City.
B. Preliminary Plat Filed: The subdivider shall prepare and file with the secretary to the Commission, ten (10) copies of a preliminary plat conforming in detail to the requirements set forth in this Title.
C. Referrals: The Commission secretary shall forthwith refer six (6) copies to assigned City personnel. In case of a subdivision outside the corporate limits of the City, the Commission shall refer two (2) copies of the preliminary plat to the County Board of Supervisors and keep the County Engineer advised of the status of the plat and action taken thereon.
D. Review And Comment: The Planning Director, the City Engineer and other City staff personnel shall carefully examine the preliminary plat as to its compliance with the laws and the ordinances of the City, the existing street system in relation to the master plan, good engineering practices and upon completing their investigation, submit their findings and recommendations to the Commission.
E. Commission Review And Report:
1. After reviewing City staff reports, the Commission shall study the preliminary plat and other material for conformity thereof to these regulations and other applicable regulations and ordinances of the City. The Commission may confer with the subdivider on changes deemed advisable and the nature and extent of such improvements to be made by the subdivider. If changes in the plat are required, the Commission may request City staff to review the changes.
2. The Commission, after review of the preliminary plat including any changes made, shall then send the preliminary plat and any changes, along with its recommendations to the Council for its consideration.
F. Public Hearing: Before approving a preliminary plat, the Commission may at its discretion, hold a public hearing on the proposed plat, notice of which shall be given by publication in a local newspaper of general distribution, or by sending notices by mail to affected property owners of record within two hundred fifty feet (250') of the proposed preliminary plat. Such notice shall be given within fifteen (15) days prior to the public hearing. If a public hearing is held, action on the plat shall be taken at the hearing or the first meeting thereafter; provided, however, the subdivider may agree to an extension of time not to exceed sixty (60) days. After action by the Commission on the preliminary plat, City staff shall forward the recommendation of the Commission to the Council as soon as possible. Failure of owners of record to receive notification shall not invalidate the proceedings of this Chapter.
G. Council Action:
1. Upon submittal of the preliminary plat by the Commission to the Council, and the Council rejects the preliminary plat, the Council may request the Commission to reevaluate said plat upon the objections made by the Council and ask the Commission to resubmit its recommendations.
2. If the Council denies approval of the preliminary plat as recommended by the Commission, the Council shall indicate reasons for such denial.
3. Upon approval of the preliminary plat by the Council, which approval shall only constitute an authorization to proceed with preparation of the final plat:
a. The subdivider may proceed with a preparation of final plat as provided under Section 10-2-3 of this Chapter, together with any detailed construction, drawings and specifications for the improvements required by this Title, and submit twelve (12) copies of the final plat to the Council for approval, together with a certificate from the enforcement officer that the final plat is substantially in accordance with the preliminary plat as approved by the Council, required bonds posted in favor of the City, and other accompanying information required by this Title or other ordinances of the City; provided further, however, if performance bonds are posted for improvements, the final acceptance of the plat will not constitute final acceptance by the City of any improvements until the improvements are inspected by the City Engineer who shall submit a statement that all improvements authorized by the Council have been completed in conformance to ordinance specifications and maintenance bond for such improvements are posted and approved and the Council accepting such improvements. No public funds need be expended in the subdivision until such improvements have been completed and accepted by the City; or
b. The Council may authorize the subdivider to initiate construction of all improvements according to the specifications, standards and ordinances of the City. If the Council authorizes construction of the improvements according to the approved preliminary plat and its specifications, standards, ordinances and regulations, such approval shall be binding upon the City. If construction of the improvements of any kind are initiated by the subdivider on the basis of preliminary plat approval without authorization from the Council, the subdivider shall be responsible for any changes in these improvements required by the Council before final plat approval. (1985 Code § 6-6.03)
c. Preliminary Plat Validity:
(1) In those situations, in which surety is provided in lieu of construction of public improvements, the approval of the preliminary plat by Council shall be null and void unless the final plat is presented to the Council within one year after date of approval of the preliminary plat.
(2) In those situations, in which public improvements are constructed, inspected and being accepted by the City in conjunction with the final plat, the approval of the preliminary plat by Council shall be null and void unless the final plat is presented to the Council within eighteen (18) months after the date of approval of the preliminary plat.
(3) An extension of one hundred eighty (180) days may be granted by the City Council upon review of a written request submitted by the subdivider prior to expiration of the original validity period. Said request shall include an explanation of the reason for the extension request and the payment of a fifty dollar ($50.00) filing fee.
H. Final Plat Submitted: When a final plat is submitted by a subdivider, the Council may accept or disapprove the same. If the Council disapproves the final plat, such disapproval shall be pointed out and made of record wherein said proposed final plat is objectional.
I. Commission Review: The Council may refer the final plat to the Commission for review and recommendation, particularly if said plat does not conform to the preliminary plat previously approved by the Commission. If the Commission is requested by the Council to review the final plat, the Commission shall then consider the final plat, make its recommendations of approval or disapproval, and submit its findings to the Council with appropriate reasoning attached thereto.
J. Acceptance: The passage of the resolution by the Council accepting the final plat shall constitute final approval of the platting of the area as shown on the final plat, subject to the acceptance of improvements, and the subdivider shall cause such plat to be recorded in the office of the County Recorder of Polk County, Iowa, as provided by chapter 409, Code of Iowa, and amendatory acts thereto before the City shall recognize the plat as being in full force and effect. No building permits shall be issued by the City's Building Inspection Department until the extent of street improvements is adequate for construction equipment, and police and fire equipment. (1985 Code §6-6.03; amd. Ord. 1131, 5-22-95; Ord. 2455, 12-7-2020)