§ 89-57. Preliminary plat.  


Latest version.
  • Purpose: The purpose of preliminary plat is to review and check the proposed subdivision against the specific design standards and improvements required as set forth in this chapter. The preliminary plat is more detailed than the pre-application sketch plan and, consequently, shows the entire area proposed to be subdivided.

    (a)

    When does this process apply? Preliminary plat approval is required for all unplatted property that has not been approved by the planning and zoning commission or before a building permit can be obtained. Preliminary plat approval is required before a final plat is submitted.

    (b)

    How do I start the process?

    (1)

    The applicant files an application for preliminary plat approval with the planning administrator.

    (2)

    The applicant may file an application for rezoning or conditional use permit approval concurrent with an application for preliminary plat approval.

    (c)

    How do I know if my application is complete? See section 89-48.

    (d)

    What kind of public notice is required? The following notice is required for a preliminary plat hearing (Reference: LRSA 33:113):

    Type When provided
    Publication • 10 days before the scheduled hearing
    Regular Mail • 5 days before the scheduled hearing
    • Notice is mailed to owners of property located within 300 feet of the proposed development as determined by reference to the most current tax rolls as periodically updated by the Lafayette Parish Tax Assessor.
    • If the owner of any property within 300 feet of a proposed subdivision is a condominium development, the notices shall be sent to the condominium association who will provide the notice to each condominium unit owner.
    Signs In addition to the information required by 89-49, signs shall state—
    Names and type of proposed
    Development or Subdivision, the total number of proposed lots; date, time and location of the public hearing, and
    The statement "A subdivision is proposed for this site"

     

    (e)

    How are decisions made?

    (1)

    The administrator will refer the preliminary plat to the following departments or agencies for review and comment, as appropriate. Failure to receive comments from an agency within the allotted time period for preliminary plat review is deemed a tacit approval by the agency:

    a.

    LCG, Department of Public Works.

    b.

    City of Lafayette, Lafayette Utilities System (LUS).

    c.

    City of Lafayette, Fire Department.

    d.

    Private and public utilities serving the area.

    e.

    The PZD.

    f.

    Any other agencies or departments who may provide relevant comments about the proposed subdivision.

    (2)

    The administrator shall fix a date for a public hearing of a completed preliminary plat.

    (3)

    The planning and zoning commission shall conduct a public hearing and shall approve, conditionally approve, or deny the preliminary plat application.

    (4)

    During the course of the public hearing, the applicant may modify the plat to address issues raised by the planning and zoning commission.

    (5)

    After the public hearing is closed, the planning and zoning commission shall render a decision.

    (6)

    Approval is expressed as preliminary approval which is revocable and not entered on the plat. The planning and zoning commission will state conditions in writing. If the preliminary plat is disapproved, the planning and zoning commission will state the reasons.

    (7)

    The administrator shall notify the subdivider in writing of the conditions of approval with any conditions of approval, as necessary, shown on the preliminary plat.

    (f)

    What are the standards for approval?

    (1)

    The planning and zoning commission will approve the preliminary plat if —

    a.

    The application complies with all applicable requirements of this chapter, and

    b.

    The plat is consistent with the Comprehensive Plan.

    (2)

    Whenever the proposed subdivision contemplates a rezoning that is incompatible with, or nonconforming to, existing and updated comprehensive plans or zoning regulations, the subdivider shall:

    a.

    Demonstrate why conditions of the comprehensive plan should no longer apply, and,

    b.

    Complete the rezoning process prior to filling the application for preliminary plat approval.

    (g)

    After a decision is made, is there a limit on subsequent applications?

    (1)

    When the planning and zoning commission has denied any subdivision proposal, no reconsideration of any application will be granted unless:

    a.

    The applicant certifies that circumstances and/or conditions have been changed or altered, or

    b.

    The applicant certifies that data used or provided in analysis of the proposed subdivision was inaccurate, and that the applicant could not have been aware of the inaccuracy for reasons beyond its control, or

    c.

    Additional information has become available which was not available when the public hearing occurred.

    (2)

    A reapplication is subject to all procedures required by the original submittal.

    (h)

    How is a decision appealed? See section 89-69.

    (i)

    What are my next steps?

    (1)

    Tentative approval of the preliminary plat is not approval of the final plat. Rather, it is considered an expression of approval of the layout submitted on the preliminary plat.

    (2)

    Receipt of a copy of the preliminary plat, indicating the planning and zoning commission's approval conditions, authorizes the subdivider to proceed with the preparation of construction plans (see article 10) and specifications in accordance with the improvements required in article 3.

    (3)

    The subdivider shall submit the necessary construction plans; specifications and documents for the required public improvements to the department of public works and LUS (see article 10 for submittal requirements).

    (4)

    Following the approval of construction plans by the respective department, the applicant may —

    a.

    Begin construction of the improvements, or

    b.

    Construct at least 80 percent of the improvements, and furnish an improvement agreement guarantee for 125 percent of the estimated cost of the remainder of the improvements. The improvement agreement guarantee shall be submitted to the respective department charged with the responsibility of those improvements. The improvement agreement guarantee, along with the completed construction plans, and/or bank letter of credits, will allow the developer to present his final plat to the PZD for approval.

    (5)

    For how long is my preliminary plat approval effective?

    a.

    Preliminary plat approval ("preliminary approval") shall be valid for a period of 12 months from the date of preliminary approval of the Lafayette Planning Commission ("initial period"). During the initial period, the applicant is responsible for:

    1.

    Preparing all infrastructure and improvement plans ("infrastructure plans") including, but not limited to, water, sewer, electrical, drainage and streets, and

    2.

    Obtaining approval of all infrastructure plans by all applicable LCG departments and/or other applicable utility providers.

    b.

    1.

    If, at the end of the initial period, reasonable progress, as determined by the staff of the planning commission, has not been realized in the design and preparation of the infrastructure plans, then the preliminary approval shall be deemed terminated. If the applicant opposes the termination of preliminary approval under this subparagraph, the decision of the staff of the planning commission shall be a tentative finding which shall be submitted to the planning commission at its next regularly scheduled meeting for final review and action.

    2.

    If, at the end of the initial period, reasonable progress, as determined by PZD has been realized in the design and preparation of the infrastructure plans, but the infrastructure plans are not complete, then the preliminary approval can be extended by PZD for the time necessary to complete the design, preparation and approval of the infrastructure plans, but in no event greater than 180 days from the last day of the initial period ("extended initial period").

    3.

    For purposes of this subparagraph, reasonable progress shall mean progress toward the recordation of a final plat of subdivision. A finding of reasonable progress shall require, at a minimum, the submission of infrastructure plans to the appropriate LCG department(s), together with proof that the applicant is diligently pursuing all necessary permits and approvals but has been unable to secure the same because of conditions beyond the applicant's control.

    4.

    For purposes of this subsection, reasonable progress may be confirmed by the applicant providing to PZD evidence of delays caused by agencies having jurisdiction over the property and not as a result of any action or inaction of the applicant.

    c.

    If, at the end of the extended initial period, the infrastructure plans are not fully approved by LCG, then, in such event, the preliminary approval shall terminate.

    d.

    If, at the end of the initial period or extended initial period, the infrastructure plans are fully approved by LCG, then, in such event, the preliminary approval shall be automatically extended for the time necessary to complete the construction of the infrastructure improvements, but in no event greater than 12 months from the date of the approval of the infrastructure plans ("construction period").

    e.

    If, at the end of the construction period, the final plat of subdivision has not been recorded, then the applicant shall apply to the planning commission for an extension of the construction period for the time necessary to record the final plat of subdivision. The determination set forth in this subparagraph shall be made solely by the Lafayette Planning Commission.

    f.

    In the event that any proposed subdivision receives preliminary approval and there is no requirement of the approval for any construction of infrastructure improvements, the preliminary approval shall remain valid for a period of 12 months from the date of approval by the Lafayette Planning Commission, during which 12-month period a final plat of subdivision shall be recorded. In the event the final plat of subdivision is not recorded within such 12-month period, the preliminary approval shall automatically terminate.

    (j)

    How are records of the decision kept? A preliminary plat application is not recorded. The administrator will maintain a record of approved preliminary plats. The applicant must maintain a copy of the approved preliminary plat, including any attachments.

(Ord. No. O-180-2015, § 3(Exh. B), 8-18-15)