§ 42-88. Processing of preliminary plat.

(a)

The preliminary plat application shall be accompanied by a filing fee as provided on the city fee schedule. No action by the commission shall be valid until the filing fee has been paid. This fee shall not be refunded should the subdivider fail to make formal application for preliminary plat approval or should the plat be disapproved; however, the subdivider may resubmit the preliminary plat to the commission with the required changes or additional information without payment of additional fee.

(b)

The city secretary shall collect the prescribed fees for the city and the city council prior to checking the preliminary plat as to its conformity with the master plan, major street plan, land use plan, zoning districts and as to whether or not the information heretofore specified has generally been submitted.

(c)

The applicant shall file an application for preliminary plat approval on a form provided by the city secretary at least 21 days prior to the commission meeting at which the plat shall be considered.

(d)

The application shall be accompanied by the following:

(1)

The filing fee for preliminary plat and the fee for preliminary plat engineering review as established by the city fee schedule.

(2)

At least 20 blueline copies of the preliminary plat, drawn in accordance with requirements set forth in this section. Upon receipt, the city secretary shall distribute copies of the preliminary plat to the following parties:

a.

Five copies to planning and zoning commission.

b.

One copy to mayor.

c.

One copy to city secretary.

d.

Two copies to city files.

e.

Two copies to city engineer.

f.

Six copies to franchised utilities and the state department of transportation.

(3)

Upon approval of the preliminary plat by the planning and zoning commission, the applicant shall submit an additional ten blueline copies revised to reflect any changes recommended by the planning and zoning commission and signed by the owners and surveyor. Upon receipt, the city secretary shall distribute copies of the revised preliminary plat to the following parties:

a.

Five copies to the city council.

b.

One copy to the mayor.

c.

One copy to the city secretary.

d.

Two copies to the city engineer.

e.

One copy to the city files.

(4)

Three blueline copies of the preliminary topography, street and drainage plan and preliminary water and sewerage plan.

(5)

A written request for any variances, if necessary, within the subdivision and citing the ordinance provision and section to which a variance is being requested.

(6)

If the proposed subdivision constitutes a unit of a larger tract owned by the subdivider, which may be subsequently subdivided as additional units of the same subdivision, a layout of the entire area showing the tentative proposal for streets, blocks, and drainage improvements for such areas.

(e)

The city engineer shall return the preliminary plat to the city secretary with his suggestions as to modifications, additions or alterations of the proposed preliminary plan for streets, drainage, water and sewer, the city secretary shall make these suggestions available to the commission.

(f)

No preliminary plat or preliminary replat shall be approved unless it is shown to be in compliance with the comprehensive plan.

(g)

A preliminary plat or preliminary replat will not be accepted for processing if all or any portion of the land area encompassed within the plat is included in or directly affected by any proposed amendment to the comprehensive plan, if such amendment has been set for formal presentation to the planning and zoning commission or the city council by placement on a formal agenda.

(h)

Whenever a preliminary plat is submitted covering an area encompassing five acres or greater, or a preliminary replat of an existing subdivision is submitted for consideration by the planning and zoning commission, written notice of the consideration of such submission shall be mailed to the owners of all property located within 200 feet of the exterior boundaries of the plat or replat, exclusive of public street rights-of-way. The notice shall identify the location of the property being platted or replatted and shall specify the time and place where the planning and zoning commission will formally consider action on the platting or replatting. Notice shall be given no earlier than 20 days prior to such hearing and not less than ten days prior to such hearing, and will be mailed to the property owner at their address as reflected in the municipal tax records. This notice requirement shall not apply to proposed plats or replats lying within the extraterritorial jurisdiction of the city.

(i)

The planning and zoning commission shall act on a plat within 30 days after the plat is filed. The preliminary plat shall be considered filed on the date on which formal application to the planning and zoning commission is made and the requisite fees paid. The preliminary plat is considered approved by the planning and zoning commission unless it is disapproved within 30 days after the date the preliminary plat is filed.

(j)

The city council shall act on a preliminary plat within 30 days after the date the preliminary plat is approved by the planning and zoning commission or is considered approved by the inaction of the commission. The preliminary plat is considered approved by the city council unless it is disapproved within 30 days after the date the preliminary plat is approved by the planning and zoning commission. If a preliminary plat is approved by the commission subject to certain conditions, three copies of a revised preliminary plat reflecting those conditions shall be submitted to the city secretary within 30 days after approval or the approval lapses unless the applicant demonstrates good cause for delay in submitting the revised preliminary plat. Submission of a final plat within 30 days reflecting the conditions approved shall meet the requirements of this provision.

(k)

Approval of a preliminary plat by the council shall be deemed an expression of approval of the layout submitted on the preliminary drawings as a guide to the installation of streets, water, sewer and other required improvements and utilities and to the preparation of the final or record plat. Approval of the preliminary plat does not constitute acceptance of the subdivision, but is merely an authorization to proceed with preparation of the final plat for record.

(l)

If a final plat is not submitted within two years following approval of a preliminary plat, then approval of the preliminary plat must be submitted and processed according to the terms and provisions on this article. The two-year period for final plat submission may be extended up to one additional year upon a majority vote of the planning and zoning commission if a developer demonstrates good cause why the authorization should continue. The preliminary plat extends authorization of the remaining portion of the preliminary plat by an additional two years from filing of the latest final plat.

(m)

No construction shall be commenced on the subdivision prior to acceptance of the final plat.

(Code 1994, ch. 9, art. 27; Ord. No. 248, exh. A(art. 27), 3-24-1997)