Chapter 25 SUBDIVISIONS*
Section 25-25 Preliminary plat review.
(a) Application for preliminary plat.
(1) The application shall include all land which the
subdivider proposes to subdivide. All
contiguous unplatted land under single ownership or control shall be included as part of the
preliminary plat; however, no more than eighty (80) acres shall be required to be included in any
preliminary plat. A preliminary plat which does not comply with this subsection (1) shall not be
accepted for review. The application shall show all land which is immediately adjacent to the
property proposed for subdivision, with the name of all subdivisions immediately adjacent, and
for unsubdivided areas, the property owners as disclosed by records in the county assessor's
office. This information may be shown on a separate map or exhibit.
(2) The application shall be accompanied by a minimum
of nine (9) copies at the time of
filing, with ten (10) additional copies to be provided by the applicant at the time of referral of the
preliminary plat to the commission for review and recommendation.
(b) The director shall refer the proposed preliminary plat to the appropriate
together with an indication of its tentative agenda placement before the commission, and shall
receive reports from the departments as to the conformance of the proposed plat with this
(c) The director shall request the subdivider to make such changes to the plat
as are necessary
to cause the plat to be in conformance with the regulations and design standards contained
(d) The director shall forward the plat to the commission and advise the commission
conformance or nonconformance of the plat with these regulations and standards.
(e) After the commission has reviewed the preliminary plat, it shall approve,
conditionally or disapprove the preliminary plat.
(f) Failure of the commission to act within forty-five (45) calendar days after
the date of
application of the plat shall be deemed approval, except that the commission or director, with the
consent of the subdivider, may extend this period to a stated future date.
(g) If the commission approves a preliminary plat, a notation to that effect
shall be made on
the original tracing. If the commission approves the preliminary plat conditionally, a notation of
the conditions or a reference to the same shall be entered on the original tracing itself and a
record of the conditions shall be maintained in the city clerk's office. If the commission
disapproves the preliminary plat, a notation shall not be made on the original tracing, but the
commission shall forward a recommendation for disapproval with the reasons therefor to the
council and such recommendation and reasons for disapproval shall be made a matter of record
on the city clerk's office. The council, by a vote of not less than two-thirds of its entire
membership, may overrule the disapproval.
(h) The preliminary plat shall be forwarded to the council with the recommendation
planning and zoning commission. The council shall take action on the plat by resolution.
(i) Approval of a preliminary plat by the council shall confer upon the applicant
for a period of
seven (7) years, beginning at the effective date of council approval, the following rights:
(1) The terms and conditions under which the preliminary
plat was given approval shall not
(2) The subdivider may submit on or before the expiration
date the whole or any part of the
subdivision for final approval.
(3) The time for filing of a final plat may be extended
by the council for a specified period
on such terms and conditions as the council may approve.
(Code 1964, § 19.524; Ord. No. 10099, § 1, 3-5-84; Ord. No. 15582, § 1, 4-20-98)
(15582, Amended, 04/20/1998, Prior Text)