10.170 Partition Tentative Plat.
(1) Final Plat Approval Required. The partitioning of land shall be subject to the application requirements as herein set forth and shall include both the tentative and final platting requirements. The approval of a partition tentative plat is a Type II administrative decision with notice and the Planning Director is the approving authority. Final partition plat approval is a Type I ministerial action which relies on compliance with the requirements established at the time of tentative plat approval, and on the requirements set forth in Section 10.162.
(2) Application for Partition Tentative Plat. See Section 10.202(2).
(3) Form of Tentative Plat and Accompanying Data. See Section 10.202(3).
(4) Partition Approval Criteria. The Planning Director shall not approve any tentative partition plat unless they can determine that the proposed land partition, together with the provisions for its design and improvement:
(a) Is consistent with the Comprehensive Plan, any other applicable specific plans thereto, including Neighborhood Circulation Plans, and all applicable design standards set forth in Article IV and V;
(b) Will not prevent development of the remainder of the property under the same ownership, if any, or of adjoining land or of access thereto, in accordance with this chapter;
(c) If it includes the creation of streets or alleys, that such streets or alleys are laid out to be consistent with existing and planned streets and alleys and with the plats of land divisions already approved for adjoining property, unless the approving authority determines it is in the public interest to modify the street pattern;
(d) If it has streets or alleys that are proposed to be held for private use, that they are distinguished from the public streets or alleys on the tentative plat, and reservations or restrictions relating to the private streets or alleys are set forth;
(e) Will not cause an unmitigated land use conflict between the land partition and adjoining agricultural lands within the EFU (Exclusive Farm Use) zoning district.
(5) Expiration of Partition Tentative Plat Approval. Approval of a tentative partition plat application shall take effect on the date the Planning Director’s decision is signed, unless appealed, and shall expire two years from the effective date unless the final plat has been approved by the Planning Director pursuant to Sections 10.162. If a request for an extension of a tentative partition plat application approval is filed with the Planning Department within two years from the date of the Planning Director’s decision, an extension not to exceed one additional year shall be granted. Extensions shall be based on findings that the facts upon which the tentative partition plat application was first approved have not changed to an extent sufficient to warrant refiling of the application.