The municipal authority responsible for approving plats shall approve a plat if it meets all of the following requirements:
(1) 
It conforms to the city’s adopted comprehensive plan, thoroughfare plan, and the parks and open space master plan, particularly in regard to the city’s current and future streets, alleys, parks, playgrounds, and public utility facilities;
(2) 
It conforms to the city’s adopted comprehensive plan and thoroughfare plan for the extension of the city and its roads, streets, and public highways within the city and in its extraterritorial jurisdiction, also taking into account access to and extension of and the instrumentalities of public utilities as identified by the utility providers;
(3) 
It conforms to all rules adopted by this chapter; and
(4) 
All required fees, including but not limited to city fees, water district fees and emergency services district fees, have been paid.
(Ordinance 2022-06-21-02 adopted 6/21/22)
(a) 
The applicant shall deliver to the city staff a complete application which includes all documents required by the building and development services department (BDS), as well as the required application and fees. A complete application shall also include the approvals by the pertinent water district, emergency services district, and other agencies which have a review and approval responsibility.
(b) 
The application shall clearly state the project for which preliminary plan approval is being sought.
(c) 
All documents and plan submittals shall be delivered to BDS to be date stamped prior to review by city staff, unless otherwise authorized by the code official.
(d) 
The city staff, which may include the code official, the city engineer, the appropriate water district, the appropriate emergency services district or others requested by the city to perform such functions, shall review all documents for compliance with this chapter and provide comments to the applicant.
(e) 
The applicant shall satisfactorily address all comments and resubmit for city staff approval.
(f) 
After all of the city staff’s comments have been satisfactorily addressed, the applicant shall provide one (1) electronic copy (pdf file format, or any other electronic format requested by the code official) of the preliminary plan for review by the zoning and planning commission for a determination of approval, approval with conditions, or disapproval. The city council shall then make a final determination. Public hearings regarding the proposed preliminary plan shall be held at both the zoning and planning commission and city council meeting.
(g) 
If the preliminary plan is approved or approved with conditions by city council, the applicant shall return one (1) electronic copy (pdf file format, or any other electronic format requested by the code official) of the preliminary plan to the city with the date of the zoning and planning commission and the date of city council approval or approval with conditions listed on the cover sheet. The applicant may subsequently submit a final plat in accordance with section 28.03.003.
(h) 
Any proposed revision to an approved preliminary plan must be approved in the same manner as the original preliminary plan.
(Ordinance 2022-06-21-02 adopted 6/21/22)
(a) 
The municipal authority responsible for approving final plats shall act on the plat within 30 days after the date the plat is filed. The filing date is the date the applicant submits a complete application, as required by this chapter, to the code official. A plat is considered approved by the municipal authority unless it is disapproved within that period.
(b) 
To be considered complete, an application must comply with all applicable ordinances, including any previously granted variances, and include the following:
(1) 
The appropriate number of copies of all required documents, reports and drawings as specified by BDS;
(2) 
All required authorizations, certifications and signatures; and
(3) 
All required fees.
(c) 
Incomplete applications are ineligible for an official filing date and do not necessitate city action within 30 days of submittal.
(d) 
If the plat is required to be approved by more than one municipal authority, the subsequent municipal authorities shall act on the plat within 30 days after the date the plat is approved by the previous municipal authority or is considered approved by the inaction of the previous municipal authority. If the plat is approved, the municipal authority giving the approval shall endorse the plat with a certificate indicating the approval.
(e) 
The applicant shall deliver to the city staff all documents required by BDS, as well as the required application and fees.
(f) 
The application shall clearly state the project for which final plat approval is being sought.
(g) 
Unless otherwise authorized by the code official, all documents associated with the final plat shall be delivered to BDS to be date stamped prior to review by city staff; documents and plans may not be delivered directly to city staff other than through the code official.
(h) 
The city staff, which may include the code official, the city engineer, the appropriate emergency services district, the appropriate water district, or others requested by the city to perform such functions, shall review all documents for compliance with this chapter and provide comments to the applicant.
(i) 
The applicant shall satisfactorily address all comments and resubmit for city staff approval. City staff shall not accept complete final plat applications more than 30 days prior to the regular meeting date of the municipal authority responsible for approving the plat.
(j) 
Except for short form final plats, applicants may only submit final plat applications after the associated preliminary plan has received administrative approval from city staff to ensure compliance with city ordinances. The final plat shall be consistent with the approved preliminary plan.
(k) 
If the applicant does not wish to be considered at a zoning and planning commission meeting or city council meeting, the applicant may submit a written request to either withdraw and reapply at a later date or extend the 30-day period described by this section for a period not to exceed 30 days if the zoning and planning commission or city council, as applicable, approves the extension request.
(l) 
Planning and zoning commission:
(1) 
After the appropriate water district, the appropriate emergency services district, and the city staff’s comments have been satisfactorily addressed, the applicant shall provide one (1) electronic copy (pdf file format, or any other electronic format requested by the code official) of the final plat to be reviewed by the zoning and planning commission and then by the city council.
(2) 
The zoning and planning commission shall review the final plat and approve, approve with conditions, or disapprove the final plat. The city council shall then make a final determination at their next meeting. Public hearings regarding the proposed final plat are to be held at the zoning and planning commission and the city council meetings.
(m) 
If the final plat is approved by the city council, the applicant shall subsequently have the plat and all accompanying documents recorded with the county clerk and shall return one (1) electronic copy (pdf file format, or any other electronic format requested by the code official) 30 days of city council approval.
(n) 
If subdivision improvements are required, the applicant shall file with the city a corporate surety bond or letter of credit, in accordance with section 28.07.006 of this chapter. This shall be filed after city council approval and prior to recordation of the plat.
(Ordinance 2022-06-21-02 adopted 6/21/22)
(a) 
Amending plats may receive final approval from the code official and shall be processed in accordance with section 28.03.005.
(b) 
The applicant shall deliver to the code official all documents required by BDS, as well as the required application and fees.
(c) 
The application shall clearly state the project for which amending plat approval is being sought.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11)
(a) 
The code official may administratively approve the following plats without zoning and planning commission or city council review:
(1) 
Amending plats as described in section 28.02.006; and
(2) 
Short form final plats involving four (4) or fewer lots.
(b) 
Plats only requiring approval by the code official may be submitted to the code official at any time.
(c) 
As the municipal authority responsible for plat approval, the code official shall act on the plat within 30 days after the date the plat is filed. The filing date is the date the applicant submits a complete application, as required by this chapter, including all required fees and copies, to the city. A plat is considered approved unless it is disapproved within that period.
(d) 
To be considered complete, an application must comply with all applicable ordinances, including any previously granted variances, and include the following:
(1) 
All required documents, reports and drawings;
(2) 
All required authorizations, certifications and signatures;
(3) 
All required fees; and
(4) 
All required information as specified by BDS.
(e) 
Incomplete applications may be submitted at any time to the code official for review but cannot receive city approval. Incomplete applications are ineligible for an official filing date and do not necessitate city action within 30 days of submittal.
(f) 
The code official may, for any reason, elect to present any plat to the zoning and planning commission or city council, or both, for consideration.
(g) 
If the plat is required to be approved by more than one municipal authority, the subsequent municipal authorities shall act on the plat within 30 days after the date the plat is approved by the previous municipal authority or is considered approved by the inaction of the previous municipal authority. If the plat is approved, the municipal authority giving the approval shall endorse the plat with a certificate indicating the approval.
(h) 
The code official may approve the release of the city’s legal rights to a public utility and/or drainage easement if:
(1) 
Easement releases are received from all utility companies having rights to the easement; and
(2) 
The abolishment of the easement shall not adversely impact any private property.
(i) 
The applicant need only submit one (1) electronic copy (pdf file format, or any other electronic format requested by the code official) to the code official.
(Ordinance 2022-06-21-02 adopted 6/21/22)
The zoning and planning commission shall have the following authority:
(1) 
The commission shall have approval authority for any plat, including those referred to it by the code official for which the code official has approval authority.
(2) 
The commission shall review and provide a determination of approval, approval with conditions, or denial for the following:
(A) 
All preliminary plans;
(B) 
All final plats not approved under section 28.03.005.
(3) 
The commission shall deny any plat or plan submitted to it if deemed incomplete or not in compliance with the provisions of this chapter.
(Ordinance 2022-06-21-02 adopted 6/21/22)
The city council shall approve, approve with conditions, or deny the following:
(1) 
All preliminary plans;
(2) 
All final plats approved or approved with conditions under section 28.03.006;
(3) 
Any other plat referred to it by the code official or the zoning and planning commission.
(Ordinance 2022-06-21-02 adopted 6/21/22)
For all tracts located within the city’s extraterritorial jurisdiction, concurrent approvals of all plans and plats must be received from the county transportation and natural resources department. A final plat shall not be approved by the city without the concurring approval of the county.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11)
(a) 
Written notice of a proposed preliminary plan or final plat for a subdivision, vacation, or replat without vacation shall be given to owners of real property lying within 200 feet of the boundaries of the property of such plan/plat (unless excepted by sections 28.02.006, amending plat, or 28.02.007, vacating plat). Such notice shall be given not less than ten (10) days prior to the date set for hearings before the zoning and planning commission and the city council to all owners who have rendered their said property for city taxes as the ownership appears on the last approved city tax rolls.
(b) 
Every notice required by this chapter may be served by delivering a copy of the notice to the person to be served, or his duly authorized agent either in person, by fax or email, or by mail to his last known address, or it may be given in such other manner reasonably calculated to give notice and approved by the city.
(c) 
The city staff shall give notice as herein required. A written statement by the city staff or any other person showing service of a notice shall be prima facie evidence of the fact of service. A copy of this statement shall be attached to the formal application letter.
(d) 
The notice, document or paper shall consist of:
(1) 
A written statement in plain and concise language sufficient to give fair notice of the proposed subdivision and any variance requested;
(2) 
Information as to where the plat or variance for such subdivision may be inspected; and
(3) 
The date, time, and location of the hearing on such application.
(Ordinance 2022-06-21-02 adopted 6/21/22)
(a) 
Submittal of a final plat that significantly revises street alignment or sizes, lot density, lot layout, increases the total number of lots, or deletes any component or note shown on the preliminary plan shall cause the subdivider to revise the preliminary plan. For purposes of this section, “significantly” means a change of more than ten percent (10%). Any proposed revision to an approved preliminary plan shall be approved in the same manner as the original preliminary plan.
(b) 
No approval of any final plat can be obtained until the preliminary plan revisions are approved by the city council.
(Ordinance 2020-12-21-01 adopted 12/21/20)