§ 18-39. Preliminary plat—Generally.

(a)

After the preapplication consultation and at least 30 days prior to the meeting of the planning commission at which action is desired, the applicant may file with the city an application for preliminary plat approval. The application shall be accompanied by copies of the plat in such number as required by the city, an eight and one-half by eleven-inch reduction of each sheet, an electronic format file of the plans, and proof of ownership satisfactory to the city. A list of property owners within 500 feet of the property will be prepared by the city. The applicant shall pay the application fee established by city council. All required data, documentation plans, copies and fees must be submitted before the application will be considered complete. Rejection of the plat by the city council, or abandonment or withdrawal of the proposed plat by the subdivider, shall not entitle the applicant to the return of all or any part of the application fee.

(b)

The city may refer copies of the preliminary plat to other agencies and utility companies for their review, comments and recommendations.

(c)

The planning commission shall hold a public hearing on the preliminary plat after notice of the date, time, place and purpose of the hearing has been published once in the official newspaper, and a proposed development notification sign has been erected on the subject property, both at least ten days before the date of hearing. Written notice shall also be mailed by the city to the applicant and all owners of record within 500 feet of the outer boundaries of the preliminary plat. Failure to post a proposed development notification sign or to give notice or defects in the notice shall not affect the validity of the proceedings. The community development director may require an expanded mailing list for sites fronting on lakeshore where the development would be visible over a larger area. The applicant is responsible for meeting with affected homeowners.

(d)

The planning commission shall make a recommendation on the preliminary plat to the city council within 45 days from the date of the opening of the public hearing, unless the applicant consents on the record to a continuance. The planning commission may recommend approval, approval subject to conditions or that the preliminary plat be denied. If denial is recommended, the reasons for that recommendation shall be stated in the record.

(e)

Following action by the planning commission, the city council shall consider the preliminary plat. The city council shall make its decision within 120 days following receipt by the city of the properly completed application, unless the subdivider consents on the record to a continuance. The city council may:

(1)

Grant approval of the preliminary plat, with or without modification or conditions; or

(2)

Refer the preliminary plat to the planning commission or appropriate city staff, officers or departments for further investigation; or

(3)

Disapprove the preliminary plat. If the plat is not approved, the city council shall state the reasons for denial on the record.

(f)

The findings necessary for city council approval of the preliminary plat and the final plat shall be as follows:

(1)

The proposed subdivision is consistent with the zoning ordinance;

(2)

The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan;

(3)

The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and stormwater drainage are suitable for the proposed development;

(4)

The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter;

(5)

The proposed subdivision will not cause environmental damage;

(6)

The proposed subdivision will not conflict with easements of record;

(7)

The proposed subdivision is not premature. A subdivision is premature if any of the following exists:

a.

Lack of adequate stormwater drainage.

b.

Lack of dedicated and improved public streets.

c.

Lack of adequate sanitary sewer systems or no ISTS (individual sewer treatment system).

d.

Lack of adequate off-site public improvements or support systems.

(g)

The city shall notify the applicant of the city council's action, stating the conditions of approval or reasons for disapproval.

(h)

An applicant may at his own risk, apply to process the preliminary and final plats simultaneously.

(Ord. No. 33-D, § 4.1, 2-25-85; Ord. No. 240, § 2, 7-24-95; Ord. No. 369, §§ 4—6, 2-23-04; Ord. No. 432, §§ 1, 2, 9-25-06)