§ 50-78. Preliminary plat.

In order to obtain approval for a subdivision as required by this division, there shall first be filed with the planning and zoning commission a preliminary plat.

(1)

The preliminary plat shall conform to the following requirements and contain the following information:

a.

Proposed name of the subdivision.

b.

Location of the subdivision as a part of some larger subdivision or tract of land and by reference to permanent survey monuments with a tie to a section corner or a quarter-section corner.

c.

Names and addresses of the subdivider and owners, the designer of the subdivision, and the engineer or surveyor (who shall be licensed by the state board of examiners for engineers and land surveyors).

d.

Location and principal dimensions for all existing or recorded section lines, streets, alleys, easements, watercourses, public utilities and other important features within and adjacent to the tract to be subdivided.

e.

Location and principal dimensions for all proposed streets, alleys, easements, lot lines and areas to be reserved for public use.

f.

Date of preparation, scale (not less than 200 feet to the inch) and north sign (designated as true north).

g.

Contours at city datum at vertical intervals of not more than two feet where the slope is less than ten percent.

h.

Acreage of land to be subdivided.

i.

Accurate names and addresses of the owners of adjacent property. Twenty copies of the preliminary plat shall be submitted to the secretary of the planning and zoning commission at least 25 days prior to the hearing at which such plat is to be considered.

(2)

A public hearing will be scheduled before the planning and zoning commission. Notice of the hearing shall be published in a newspaper of general circulation 15 days prior to the date of the hearing. At least five days prior to the date of the hearing, the secretary of the commission shall notify, by certified mail, the subdivider and owners of the land immediately adjoining the land to be subdivided, of the time and place of the hearing. Regular notice shall also be given to the mayor, private utility companies serving the area and the superintendent of the public schools serving the area. Notice of the hearing shall also be posted on the land to be subdivided in a conspicuous place visible from the public street abutting the land.

(3)

Within 30 days following the hearing, the planning and zoning commission shall recommend to the city council that the preliminary plat be approved, disapproved or approved with modifications. If the plat is disapproved, reasons for such disapproval shall be stated in writing. If approved with modifications, the nature of the required modifications shall be indicated.

(4)

The preliminary plat (with modifications, if required) with supporting material and the planning and zoning commission recommendation shall be submitted to the city council for review and approval.

(5)

Approval of the preliminary plat shall not constitute acceptance of the final plat. The approval of the preliminary plat shall lapse unless a final plat based thereon is submitted within one year from the date of such approval.

(Code 1985, § 11-1-6(A))