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
(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:
(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;
(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:
(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:
(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)