Chapter 16.08
SUBDIVISION OF LAND – SUBDIVISION MAP – TENTATIVE
Sections:
16.08.030 Tentative plan scale.
16.08.040 Information on tentative plan.
16.08.050 Information in statement.
16.08.010 Initial submission.
Ten copies of a tentative plan and a statement of any proposed subdivision shall be submitted to the city administrator at least 30 days prior to the meeting of the planning commission at which consideration is desired, together with the prescribed filing fees. [Ord. 01-02 § 3 (Exh. 3 § 6), 2001.]
16.08.020 Preliminary review.
A. The city administrator shall transmit one copy of the tentative plan to the city engineer, and additional copies to the city departments and other public officials as necessary. Each city department, upon receipt of a copy of the tentative plan, shall examine the map for conformance with requirements coming within the authoritative scope of the department; and, within six days after receipt thereof, shall make a written report to the city administrator. The city administrator shall prepare a report on the tentative plan for submission to the planning commission. The report shall include information on zoning in the area and on the location in the adjoining streets and property of existing sewers and water mains, culverts and drain pipes, electric conduits, or lines proposed to be used on the property to be subdivided, and invert elevations of sewers at points of proposed connections together with any other data as appears pertinent to the planning commission’s review of the tentative plan.
B. Copies of the tentative plan may be submitted to the following additional officials, and they will be given at least seven days to review the plan and submit comments:
1. The county surveyor and the county assessor.
2. The county environmental agency, if the property is inside the city and the installation of sanitary sewer is not contemplated.
3. The State Highway Department, if the property is adjacent to a state highway.
4. The school district.
5. Other public agencies as deemed necessary. [Ord. 01-02 § 3 (Exh. 3 § 7), 2001.]
16.08.030 Tentative plan scale.
Tentative plans shall be to a scale of one inch equals 100 feet or better; except tracts over 100 acres, which may be to a scale of one inch equals 200 feet, and shall be clearly and legibly reproduced. [Ord. 01-02 § 3 (Exh. 3 § 8), 2001.]
16.08.040 Information on tentative plan.
The tentative plan shall contain the following information:
A. The proposed subdivision’s name, date, north point, scale, and sufficient description to define the location and boundaries of the proposed subdivision.
B. Name and address of record owner or owners of the proposed subdivision.
C. Name and address of the subdivider.
D. Name, business address, and number of the registered engineer or licensed surveyor who prepared the map of the proposed subdivision.
E. The locations, names, widths, approximate radii of curves, and grades of all existing and proposed streets and easements in the proposed subdivision and along the boundaries thereof, and the names of adjoining platted subdivisions and portions of the subdivisions as shall be necessary to show the alignment of streets and alleys therein with the streets and alleys in the proposed subdivision.
F. Names of the record owners of all contiguous land within 100 feet of exterior boundaries of the tentative plan.
G. The approximate location and character of all existing and proposed easements and public utility facilities, including water and sewer lines proposed in the subdivision and on adjacent lands thereto.
H. Approximate lot layout and approximate dimensions of each lot and each to be numbered.
I. Setback lines, if any, proposed by the subdivider.
J. The outline of any existing buildings and their use, showing those which will remain.
K. Contour lines on lands with slopes greater than five percent.
L. City boundary lines crossing or bounding the subdivision.
M. Approximate location of all areas subject to inundation or storm water overflow and the location, width, high water elevation flood flow and direction of flow of all watercourses.
N. Any areas proposed to be cut or filled or otherwise graded or protected from flooding.
O. If impractical to show on the tentative map, a key map showing the location of the tract in relationship to section and township lines and to adjacent property and major physical features, such as streets, railroads, watercourses, and cliffs. [Ord. 01-02 § 3 (Exh. 3 § 9), 2001.]
16.08.050 Information in statement.
The statement to accompany the tentative plan shall contain the following information:
A. A general explanation of the improvements and public utilities, including water supply and sewage disposal, proposed to be installed.
B. Deviations from subdivision ordinance, if any.
C. Public areas proposed, if any.
D. Tree planting proposed, if any.
E. A preliminary draft of restrictive covenants proposed, if any. [Ord. 01-02 § 3 (Exh. 3 § 10), 2001.]
16.08.060 Planning commission and staff review procedures of tentative subdivision plans and tentative partition plans.
A. City Planning Commission Review Procedure for Tentative Subdivision Plan. The planning commission shall conduct a quasi-judicial public hearing. In its review of the proposed subdivision tentative plan. The planning commission shall follow the notice procedure contained in CMC 17.48.050.
The planning commission shall determine whether the tentative plan is in conformity with the provisions of law and of Chapters 16.04 to 16.24 CMC. The public hearing conducted by the planning commission to approve, conditionally approve, or disapprove the proposed subdivision plan shall be held not later than 45 days from the first regular planning commission meeting following submission of the plat. Approval of the tentative plan shall indicate the planning commission’s approval of the final plat, provided there is no change in the plan of subdivision or partition as shown on the tentative plan and there is full compliance with all requirements of Chapters 16.04 to 16.24 CMC. The action of the planning commission shall be noted on three copies of the tentative plan. One copy shall be returned to the subdivider, one shall be transmitted to the city engineer, and the other retained by the city administrator together with an order setting forth the action of the planning commission.
The city will provide notice of decision to the applicant and any person who participates in the public hearing process. Notice of decision must include an explanation of appeal rights.
B. City Staff Review Procedure of Tentative Partition Plan. The city staff shall follow the following procedure for reviewing tentative partition plans. The city shall provide written notice to owners of property within 250 feet of the entire contiguous site for which the application is made. The property owner list shall be obtained from the most recent property tax assessment roll. The notice shall contain the following:
1. Provide a 10-day period for submission of written comments prior to the decision.
2. State that issues which may provide the basis for an appeal to the planning commission may be raised in writing prior to expiration of the comment period. Issues shall be raised with sufficient specificity to enable the decision maker to respond to the issue.
3. List by commonly used citation the applicable criteria for the decision.
4. Set forth the street address or other easily understood geographical reference to the subject property.
5. State the place, date, and time that the comments are due.
6. State that copies of all evidence relied upon by the applicant are available for review and that copies can be obtained at cost.
7. Include the name and telephone number of the local government contact person.
8. Briefly summarize the local decision making process for the decision being made.
The city staff shall determine whether the tentative plan is in conformity with the provisions of law and of Chapters 16.04 to 16.24 CMC. Approval of the tentative plan shall indicate the city’s intent to approve the final plat, provided there is no change in the plan of partition as shown on the tentative plan and there is full compliance with all requirements of Chapters 16.04 to 16.24 CMC. The action of the city staff shall be noted on three copies of the tentative plan. One copy shall be returned to the subdivider, one shall be transmitted to the city engineer, and the other retained by the city administrator together with an order setting forth the action of the city.
C. City Planning Commission – City Council Advisory. The city planning commission and city council shall be advised of the staff decision in the case of a partition, or the planning commission decision in the case of a subdivision. Both bodies assume the role of “parties” in the decision making process and, upon an approved motion, may appeal the decision below, provided the decision to appeal is made within the prescribed time frame of the city’s appeal procedures contained in CMC Title 17. [Ord. 01-02 § 3 (Exh. 3 § 11), 2001.]