§ 2.03. Preliminary plat

1. Application. The subdivider shall file with the Administrator a complete subdivision application form and preliminary plat data as required in the resolution.

2. Combining preliminary and final plats. The applicant may request that the subdivision application be processed as both preliminary and final plat if all the following exist:

a. The proposed subdivision contains four (4) or less lots, or parcels of twenty (20) or more acres;

b. No new street dedication or street widening is involved;

c. No major special development considerations are involved, such as development in a flood plain;

d. All required information for both preliminary and final plat is complete in an acceptable form.

The application fee for a combined preliminary/final plat shall be the same as that of a preliminary plat.

3. Content of preliminary plat. The contents of the preliminary plat and related information shall be in such a form as stipulated by the Commission, however, any additional maps or data deemed necessary by the Administrator may also be required.

The subdivider shall submit to the Administrator at least the following:

a. Twelve (12) copies of the preliminary plat of the proposed subdivision, drawn on good quality paper and shall have dimensions of not less than twenty-four (24) inches by thirty-six (36) inches, shall be drawn to scale of not less than one (1) inch to one hundred (100) feet, shall show the drafting date, and shall indicate thereon, by arrow, the generally northerly direction;

b. A written application requesting approval of the Preliminary Plat; and

c. Appropriate information that sufficiently details the proposed development within any special development area, such as planned unit development, flood plain, and large scale development.

4. Requirements of preliminary plats. The following shall be shown on the preliminary plat or shall be submitted separately:

a. The name of the proposed subdivision;

b. The names, addresses and telephone numbers of the subdivider or subdividers and the licensed engineer, surveyor or landscape architect who prepared the plat;

c. The name and address of all adjoining owners of property whether or not separated by a public right-of-way as shown on record in the County Assessor's office;

d. The legal description of the subdivision;

e. A statement of intended use of the proposed subdivision, such as residential singlefamily, two (2) family and multiple housing, commercial, industrial, recreational or agricultural and a showing of any sites proposed for parks, playgrounds, schools, churches or other public uses;

f. A map of the entire area scheduled for development, if the proposed subdivision is a portion of a larger holding intended for subsequent development;

g. A vicinity map showing the relationship of the proposed plat to the surrounding area (½ mile minimum radius, scale optional);

h. The land use and existing zoning of the proposed subdivision and the adjacent land;

i. Streets, street names, rights-of-way and roadway widths, including adjoining streets or roadways;

j. Lot lines and blocks showing the dimensions and numbers of each;

k. Contour lines, shown at five (5) foot intervals where land slope is greater than ten percent (10%) and at two (2) foot intervals where land slope is ten percent (10%) or less, reference to an established bench mark, including location and elevation;

l. A site report as required by the appropriate Health department where individual wells or septic tanks are proposed;

m. Any proposed or existing utilities, including but not limited to, storm and sanitary sewers, irrigation laterals, ditches, drainages, bridges, culverts, water mains, fire hydrants, and their respective profiles;

n. A copy of any proposed restrictive covenants and/or deed restrictions;

o. Any dedications to the public and/or easements, together with a statement of location, dimensions and purpose of such;

p. Any additional required information for special developments as specified in Article V of this Resolution;

q. A statement as to whether or not a variance, as specified in Article VI will be requested with respect to any provision of this Resolution describing the particular provision, the variance requested, and the reasons therefor;

r. The applicant shall be required to submit a drainage report prepared by a licensed professional engineer which examines the effects of the proposed subdivision on all upstream and downstream drainage conditions. The drainage report shall assume the ultimate development of the comprehensive plat and the current and proposed zoning of the land within the drainage basin and shall show the proposed methods to be used to control the runoff. A hydrologic study is required on all proposed plats in the unincorporated area of Saline County that utilizes individual wells. This test need not include test drilling if, the ground water hydrologist can determine by other means the ground water availability for the area, and a water sample, from an existing well in the area of the plat can be submitted for a lab analysis. The Planning Dept. must be contacted prior to the study to obtain necessary information on other residential ground water demands in the area. The developer may be required to record a copy of the study with the final plat.

s. A digital copy of the preliminary plat in a Data Exchange File (DXF) format or other format deemed appropriate by the Zoning Administrator.

5. Administrator review.

a. Certification. Upon receipt of the preliminary plat, and all other required data as provided for herein, the Administrator shall certify the application as complete and shall affix the date of application submission thereon. He shall, thereafter, place the preliminary plat on the agenda for consideration at the next Planning Commission meeting. An application may be continued by mutual agreement with the applicant, which shall void any mandatory review time frame.

b. Review of other agencies. The administrator shall refer the preliminary plat and application to as many agencies as deemed necessary. Such agencies may include the following:

1. Other governing bodies having adjoining jurisdiction;

2. The appropriate utility companies, irrigation companies or districts and drainage districts;

3. The superintendent of the School Districts; and

4. Other agencies having an interest in the proposed subdivision.

6. Public notification.

a. Notification to property owners. The Administrator shall notify all directly adjoining property owners. Such written notification shall be mailed at least ten (10) days prior to the Commission meeting.

b. Failure to notify. The Administrator's failure to comply with the notification provision shall not invalidate the Commission's action, provided the spirit of the procedure is observed.

c. [Publication of notice.] Notice of public hearing shall be published in the official County Newspaper once at least fifteen (15) days prior to the hearing date.

7. Commission action.

a. Hearing by Commission. The Commission shall review the preliminary plat, comments from concerned persons and agencies and the report from the Administrator to arrive at a decision on the preliminary plat.

b. Commission's findings. In determining the acceptance of a proposed subdivision the Commission shall consider the objectives of this Resolution and at least the following:

1. The conformance of the subdivision with the Comprehensive Plan;

2. The availability of public services to accommodate the proposed development;

3. The public financial capability of supporting services for the proposed development;

4. The other health, safety or environmental problems that may be brought to the Commission's attention; and

5. The Planning and Zoning Commission shall not recommend for approval any preliminary plat of a subdivision which does not make adequate provisions for water runoff control. This control may be accomplished through the use of detention basins, open channels, and/or closed conduits. The Planning and Zoning Commission reserves the right to require the developer of the proposed subdivision to construct or cause to be constructed all necessary drainage systems to be approved by the County Engineer prior to the issuance of any building permit.

c. Action on preliminary plat. The Commission may approve, approve conditionally, disapprove or table the preliminary plat for additional information. Such action shall occur within sixty (60) days of the regular meeting at which the plat is first considered by the Commission. The action, and the reasons for such action shall be stated in writing by the Commission, and forwarded by the Administrator to the applicant. The Administrator shall also forward a statement of the action taken and the reason for such action, together with a copy of the preliminary plat to the Governing Body for their information and record or the plat is deemed to have been approved. A mutually agreeable continuation, or failure to satisfy conditions or requirements of the Planning Commission shall constitute a continuation of this time frame. Upon granting or denying a preliminary plat the Planning Commission shall specify:

1. The resolution and standards used in evaluating the application;

2. The reasons for approval or denial; and

3. The actions, if any, that the applicant could take to obtain a permit.

d. Action on combined preliminary and final plat. If the Commission's conclusion is favorable to the subdivider's request for the subdivision to be considered as both a preliminary plat and final subdivision, then a recommendation shall be forwarded to the Governing Body in the same manner as herein specified for a final plat. The Planning Commission may recommend that the combined application be approved, approved conditionally, disapproved or tabled.

8. Appeals. Any person, aggrieved party or the subdivider may appeal in writing the decision of the Planning Commission relative to the final decision taken by the Planning Commission. Such appeal must be submitted to the Governing Body within fifteen (15) days from such Planning Commission action.

Upon receipt of an appeal from the action of the Planning Commission, the Governing Body shall set a hearing date to consider all information, testimony and Planning Commission's minutes of the public hearing to reach a decision to uphold, conditionally uphold, or overrule the decision of the Planning Commission. The Governing Body shall only overrule the Planning Commission by unanimous vote of the full Governing Body.

9. Approval period.

a. Failure to file and obtain the certification of the acceptance of the final plat application by the Administrator within one (1) year after action by the Planning Commission shall cause all approvals of said preliminary plat to be null and void, unless an extension of time is applied for by the subdivider and granted by the Planning Commission.

b. In the event that the development of the preliminary plat is made in successive contiguous segments in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals [of] one (1) year may be considered for final approval without re-submission for preliminary plat approval.

10. Submittal fees. Submittal fees for a preliminary plat shall be as set forth in Amendment 20 to Resolution 783, or amendments thereto. For those subdivisions within three (3) miles of the Salina city limits which are subject to the interlocal agreement the submittal fee shall be as therein described.

(Amend. No. 1, 12-10-91; Amend. No. 13, 5-19-98)