The developer shall submit plats and related documents in the order as specified in this section in obtaining approval of the development or subdivision of land. The city council shall approve all preliminary plats, variance requests and final plats upon receiving a recommendation from the planning and zoning commission.

(1)

Preliminary plat,

a.

Application; fees.

1.

The developer shall submit an application on forms provided by the city for approval of a preliminary plat.

2.

The developer shall submit the preliminary plat documents to the city for review at least 20 days before a regularly scheduled meeting of the planning and zoning commission.

3.

Each application shall be accompanied by the payment of a fee in accordance with the duly adopted schedule of fees to cover the costs of processing the application.

4.

The developer shall submit 20 direct prints of the preliminary plat for review by the city. Where a variance is requested, the developer shall submit a written petition for a variance in conjunction with the required preliminary plat (see section 14-10).

5.

The developer shall submit a certificate or letter from a title guaranty company or from an attorney duly licensed to practice law in the state, certifying to the following concerning title of the land:

i.

A statement of records examined and date of examination;

ii.

A description of the property, or parent tract by metes and bounds;

iii.

Name of the fee owners as of the date of examination and the date, clerk's file number and/or volume and page or other recording data of the recording of the deed;

iv.

The name of any lienholder, together with the date of filing and volume and page and/or clerk's file number of such lien; and

v.

A general description of any easements or fee strips granted, along with the clerk's file number, date of filing and/or volume and page or file number of recording.

b.

Form.

1.

The preliminary plat shall be considered a master development plan and shall cover the entire tract proposed for immediate or future development.

2.

The preliminary plat shall provide the following (see also section 14-60):

i.

Proposed name of development and title under which the plat will be recorded;

ii.

A description of the proposed development;

iii.

Boundary lines (in heavy bold lines) with approximate dimensions and bearings of the development;

iv.

The location and width of all existing public streets and rights-of-way adjacent to or within the development;

v.

Existing easements on or adjacent to the property showing locations, width and purpose;

vi.

Location and size of all existing water, sanitary sewer and drainage facilities;

vii.

Total acreage, designated land uses, density and maximum dwelling units per lot;

viii.

Estimated traffic impact of the development;

ix.

Topographic features (two-foot contours);

x.

Existing watercourses, floodplains and storm drainage, and the areas subject to flooding based on the regulatory floodplain maps (see article IX of this chapter);

xi.

Sequence of phased development (if applicable) and a tentative timetable for development;

xii.

Adjacent property owners (referenced by deed on the plat) and adjacent boundaries (in dashed lines);

xiii.

Date of preparation, scale of plat and north arrow for all maps;

xiv.

A location map showing relation of the subject property to major streets in all directions to a distance of at least one mile;

xv.

The location of proposed streets designated according to design standards (see article VII of this chapter);

xvi.

Proposed layout and capacities of public utilities; and

xvii.

A title block containing the date, scale, north arrow, title under which the plat is to be recorded, number of lots and blocks, name of the owner, engineer (if required) and surveyor.

c.

Action of the city.

1.

Within 30 days of receipt of the preliminary plat by the city, the commission shall submit a recommendation to city council to approve, conditionally approve with modifications, or disapprove the plat. Within 30 days of the commission's action, the city council shall approve, conditionally approve with modifications or disapprove the plat. The plat shall not be finally approved, or conditionally approved, unless approved by both the commission and the city council.

2.

Approval of the preliminary plat shall be deemed approval of the development as a guide for submittal of final plats.

3.

Approval shall be effective for one year; provided, however, that the city council may, upon application from the developer and upon a recommendation from the commission, extend such period for one-year intervals.

4.

If the preliminary plat is disapproved or conditionally approved with modifications, it may be resubmitted to the city for consideration without fee.

d.

Upon approval of the preliminary plat, the developer shall submit one mylar (four mil) reproducible of the plat to the city.

(2)

The final plat.

a.

Application and approval process.

1.

The developer shall submit an application on forms provided by the city, for approval of a final plat of the proposed development to the city.

2.

The developer shall submit the final plat documents to the city for review at least 20 days before a regularly scheduled meeting of the planning and zoning commission.

3.

The plat may be presented for approval at the same time the preliminary plat is presented.

4.

Each application shall be accompanied by the payment of a fee in accordance with the duly adopted schedule of fees to cover the costs of processing the application.

5.

The developer shall submit 20 direct prints of the plat.

6.

The final plat application package shall consist of the following:

i.

A final plat (see subsection (2)a.2 of this section for details.

ii.

A utility layout plan (see section 14-206(d)(1)).

iii.

Sanitary sewer and water construction plans (see section 14-206(d)).

iv.

Storm drainage construction plans (see sections 14-221(d) and 14-206(d)(2)).

v.

Street construction plans (see section 14-171(d)).

vi.

Grading and excavation plans (see section 14-171(d)).

vii.

A design summary (see sections 14-171(d)(3) and 14-206(d)(3)).

b.

Form.

1.

The final plat and application shall be in substantial compliance with the approved preliminary plat but shall not show construction features, cross section, public utility lines or other structures not involved in the title covenant.

2.

The final plat shall show:

i.

Name of the development;

ii.

The name and address of the owner of the land, the name and address of the developer and the name and address of the licensed public surveyor;

iii.

The date of preparation of the plat and north arrow and scale;

iv.

Key or location map showing location of the development;

v.

The entire subdivision, tract, parcel or section thereof, that is proposed for immediate development at a recognized engineering scale;

vi.

An accurate legal description of the property and designation of monuments placed on the ground;

vii.

The total acres, total number of lots created, density and the maximum dwelling units per lot;

viii.

The names of all adjacent subdivisions and the names, locations and widths of all existing and proposed streets, easements, drainageways and other public ways, within or adjacent to the property;

ix.

The boundary of the platted area, block boundary, street and other right-of-way lines with distances, angles and/or bearings, and, where these lines follow a curve, geometric data;

x.

The accurate dimensions of all property to be offered for dedication for public use, and all property owners within the development, with purposes indicated;

xi.

The dimensions of all lots and lot lines, and the bearings of those lot lines along with setbacks and/or other building lines;

xii.

All easements denoted by fine dashed lines, clearly identified, and if already on record, the recorded reference of such easements; the width of the easement with sufficient ties to locate it definitely with respect to the corners of the lot, tract or subdivision must also be shown;

xiii.

Any easements located outside of the boundaries of the plat, required for plat approval;

xiv.

All blocks consecutively numbered, and all lots within each block consecutively numbered;

xv.

A certificate of ownership and dedication;

xvi.

A certificate with a seal by a registered public surveyor that all details of the plat are correct;

xvii.

Spaces for certifications by the mayor, chairman of the planning commission, city engineer, director of public works, county clerk, county engineer, and of the county flood control district (when appropriate);

xviii.

All approved variances to the plat and the date of the city council meeting at which the variances were approved;

xix.

Any other information as may be necessary for the full and proper consideration of the proposed subdivision.

c.

Action of the city.

1.

Within 30 days of receipt of the final plat by the city, the commission shall submit a recommendation to the city council to approve, conditionally approve or disapprove the plat. Within 20 days of the commission's action, the city council shall approve, conditionally approve or disapprove the plat. No changes, erasures, modifications or revisions shall be made in any plat or to any required instrument after approval has been given by the city council and endorsed on the plat in writing, unless such change, modification or revision is first submitted to and approved by the city.

2.

The city shall conditionally approve a final plat if it substantially conforms to the approved preliminary plat. Conditional approval of a final plat shall be deemed approval of the plat subject to:

i.

The developer's construction and the city's acceptance of required public improvements; or

ii.

The developer giving assurances approved by the city that guarantee construction of the required improvements. The value of such assurances shall be based on an estimate of the cost to construct all public improvements, as determined by the developer's engineer and approved by the city. Assurances shall take the form of performance and payment bonds, cash deposits, certificates of deposit in the name of the city, irrevocable letters of credit, or other forms as may be approved by the city.

3.

Upon approval of the final plat, the developer shall submit two prints and two mylar copies of the approved plat, all other instruments that may be required to be recorded, a certificate or letter from a title or guarantee company or attorney as described in section 14-55(1)a.4, and tax certificates indicating that all taxes have been paid for prior and current years to the city. All mylar copies shall bear original signatures.

4.

The city shall record a copy of the approved final plat at the office of the county clerk when:

i.

The developer constructs all the required improvements and the city approves such improvements; or

ii.

The developer files assurances approved by the city that guarantee construction of the required improvements.

5.

If a final plat is disapproved or approved with conditions, it may be resubmitted to the city for reconsideration without a fee.

6.

Where a final plat has not been filed for record and no public improvements have been completed or substantially completed within 12 months of the approval or conditional approval of the subdivision plat, the plat shall be reviewed by the commission to determine the developer's intent to proceed. If the commission finds that the developer does not intend to proceed with the development, the commission shall transmit to city council a request to withdraw approval of the plat. Upon receiving the recommendation of the commission, the council may withdraw approval of the final plat or extend approval for up to one additional year.

(Ord. No. 95-04, § 1(203), 2-20-95)