(a) Prior to the official filing of a preliminary plat, the subdivider should avail himself of a copy of this chapter and should prepare a land plan of the proposed subdivision. The subdivider should submit ten copies of the land plan to the city planner or other administrative officer so designated by the city manager. Preparation and presentation of the land plan is not mandatory and no approvals, either tentative or final, will be given on land plans; however, their preparation is recommended as an economy measure. Unless the subdivider signs a statement that the conference is not intended to constitute an application, the city shall inform the applicant of any documents or information required to submit a complete application pursuant to section
74-59 hereof.
(b) The
aim and purpose of the preapplication conference is to offer the developer
or subdivider the background and experience of the city staff in the
preparation of the preliminary plat. It is not the intent or policy
of this chapter for city staff to do the planning or engineering for
the subdivider, but rather to steer his efforts in to the most efficient
and economical means of coordination with this chapter.
[Ord. No. 819-97, § 3(A), 6-10-1997; Ord. No. 1063-06, § 6, 8-22-2006]
The subdivider should present such general subdivision information
as will outline the existing conditions of the site, utilities, and
available community facilities. A simple rough sketch should indicate
the location of the proposed subdivision, number of residential lots,
typical lot width and depth, commercial areas, park and playground
areas, proposed protective covenants or restrictions, and proposed
utilities and street improvements.
[Ord. No. 819-97, § 3(B), 6-10-1997]
At the time the land plan is presented to the city planner,
a preliminary conference should be held for the general comments and
clarifications which are usually necessary. At that time, the subdivider
should obtain copies of all forms, publications, design criteria and
standards available from the city for his reference and for the benefit
of his engineer.
[Ord. No. 819-97, § 3(C), 6-10-1997]
(a) Every
application for approval of a plat or plan for development submitted
after the effective date of this ordinance shall be subject to a determination
of completeness by the city planner.
(b) No application
shall be deemed complete and accepted for processing unless it is
accompanied by all documents required by and prepared in accordance
with the requirements of this ordinance. For a determination of completeness
to be issued, an application must include the following:
(1) A
completed application form signed by the owner or the owner's authorized
agent;
(2) Every
item, study and document required by this ordinance or other applicable
ordinances for the application being submitted; and
(3) A
non-refundable application submittal fee, as specified in the fee
schedule.
(c) The
city planner may from time to time identify additional requirements
for a complete application that are not contained within but are consistent
with the application contents and standards set forth in this ordinance.
(d) A determination
of completeness shall not constitute a determination of compliance
with the substantive requirements of this ordinance.
(e) Not
later than the tenth business day after the date an application for
plat approval or a plan of development is submitted, the city planner
shall make a written determination whether the application constitutes
a complete application. This shall include a determination that all
information and documents required by this ordinance or other requirements
have been submitted. A determination that the application is incomplete
shall be mailed to the applicant within such time period by United
States Mail or Certified Mail at the address listed on the application,
or personally delivered to the applicant or the applicant's representative.
The determination shall specify the documents or other information
needed to complete the application and shall state that the application
will expire if the documents or other information is not submitted
within 45 days after the date the application was submitted.
(f) An application for approval of a plat or plan for development filed on or after the effective date of this ordinance shall be deemed complete on the 11th business day after the application has been received, if the applicant has not otherwise been notified that the application is incomplete. For purposes of this section, the applicant shall be deemed to have been notified if the city has mailed or delivered a copy of the determination as provided in subsection
(e).
(g) The
processing of an application by any city employee prior to the time
the application is determined to be complete shall not be binding
on the city as the official acceptance of the application for filing.
The incompleteness of an application shall be grounds for denial of
the application regardless of whether a determination of incompleteness
was mailed to the applicant.
[Ord. No. 1063-06, § 7, 8-22-2006]
(a) An application
for approval shall be deemed to expire on the 45th day after the application
is submitted to the city planner for processing if the applicant fails
to provide documents or other information necessary to meet the requirements
of this ordinance or other requirements as specified in the determination
provided to the applicant. Upon expiration, the application will be
returned to the applicant together with any accompanying documents.
Thereafter, a new application for approval must be submitted.
(b) No vested
rights accrue solely from the filing of an application that has expired
pursuant to this section, or from the filing of a complete application
that is subsequently denied.
[Ord. No. 1063-06, § 7, 8-22-2006]