40.540.040    Subdivisions

A.    Preapplication Submittal Requirements.

1.    An application for a preliminary plat for a subdivision shall be subject to preapplication review as provided in Section 40.510.030(A) unless waived as permitted by that section.

2.    An applicant for a preapplication review of a preliminary plat for a subdivision shall comply with the submittal requirements in Section 40.510.050 of this code.

3.    Site-specific information should be provided if it is available or if the condition is significant. Where known by the applicant, the boundaries of these conditions should be shown on the preliminary plat. The level of detail provided in the preapplication materials may be less than in an application for preliminary plat review. For instance, a wetland reconnaissance that does not involve detailed on-site investigation may be appropriate for a preapplication review. If the reconnaissance shows wetlands are reasonably likely to exist on a site, a more detailed wetlands delineation and assessment may be needed for the preliminary plat. Failure of the applicant to provide site-specific information for preapplication review may prevent the review authority from identifying relevant issues or providing the most effective review early in the process.

4.    Information not provided on the form shall be provided on the face of the preliminary plat, in an environmental checklist or on other attachments. The responsible official may modify or waive requirements for preapplication materials and may conduct a preapplication review with less than all of the required information. However, failure to provide all of the required information may prevent the responsible official from identifying all applicable issues or providing the most effective pre-application review will preclude the application from contingent vesting pursuant to Section 40.510.030(G).

(Amended: Ord. 2006-09-13)

B.    Application Submittal Requirements for Review of a Preliminary Subdivision Plat.

1.    Counter-complete and fully complete review of an application for approval of a preliminary plat for a subdivision shall be conducted as a Type I process.

2.    Review of a fully complete application of a subdivision shall use a Type III process. Appeal and post-decision review are permitted as provided in Chapter 40.510 and Section 40.520.060.

3.    An applicant for a review of a preliminary plat for a subdivision shall comply with the submittal requirements in Section 40.510.050.

C.    Subdivisions of Properties Zoned Commercial and Industrial.

    Preliminary plats for commercial and industrial properties shall comply with all of the requirements of this chapter, except that only blocks and street layout need be shown.

D.    Approval Criteria for a Preliminary Plat Application.

    The review authority shall approve a preliminary plat if he or she finds the applicant has sustained the burden of proving that the application complies with the following approval criteria or that the application can comply with those criteria by complying with conditions of approval:

1.    The preliminary plat is in the public interest;

2.    The following facilities are adequate to serve the proposed subdivision before or concurrent with development of the preliminary plat:

a.    Public and private streets and roads,

b.    Open spaces, parks and recreation,

c.    Drainage,

d.    Access to mass transit where there is or will be such transit,

e.    Potable water supplies,

f.    Sanitary waste collection and treatment,

g.    Schools and educational services (if residential),

h.    Pedestrian facilities (if residential), particularly for students who only walk to and from school, and

i.    Fire prevention services;

3.    The proposal complies with all applicable standards in this code or variations therefrom permitted by law, including:

a.    Subtitle 40.1, Introduction and Administration;

b.    Subtitle 40.2, Land Use Districts;

c.    Subtitle 40.3, Design Standards;

d.    Subtitle 40.4, Critical Areas and Shorelines;

e.    Subtitle 40.5, Procedures;

f.    Subtitle 40.6, Development Impact Fees; and

g.    Title 15, Fire Prevention;

4.    If a phasing plan is proposed, then the applicant also shall show:

a.    The phasing plan includes all land within the preliminary plat;

b.    Each phase is an independent planning unit with safe and convenient circulation and with facilities and utilities coordinated with requirements established for the entire subdivision; and

c.    All road improvement requirements are assured.

(Amended: Ord. 2005-04-12)

E.    Approval Criteria for Tracts for Nonbuilding Purposes.

1.    Tracts established for the purpose of providing utilities, access or stormwater facilities shall not apply to the maximum number of lots permitted through the subdivision process. A covenant(s), or a note(s) on the plat, shall be recorded to ensure tracts will be used only for the intended nonbuilding use.

2.    A tract established through platting, whether or not designated as a nonbuilding tract, shall not be considered a legal lot of record. A separate platting process shall be required to convert a previously platted tract to a legal lot of record.

F.    Expiration and Extensions of Preliminary Plat Approval.

    The expiration and extension of preliminary plat approvals are determined pursuant to Section 40.500.010(B).

(Amended: Ord. 2019-03-05)