(A) Step 1. Overall Provisional Plat of the Subdivision. The subdivider shall provide an overall provisional plat of the subdivision, the design of which shall conform with the policies of the Master Plan and its provisions, and having the following sheets and information:
(1) Title sheet:
(a) Proposed name of the subdivision, followed by the words “Overall Provisional Plat”;
(b) A site location map showing the location of highways, county roads, rural routes, utilities, legal drains, floodplains, private drain tile, open drains, watershed boundaries and any other physical features that may have a bearing on proposed development (i.e., swamp, steep escartments, woods and the like);
(c) Names and addresses of the owner of the land, the subdivider, planner, architect, engineer, land surveyor or other persons who prepared the plan;
(d) Land use adjacent to proposed subdivision and owners names;
(2) Topographic sheet:
(a) Contours at vertical intervals of two feet or less if the general slope of the site is less than 10% and at vertical intervals of five feet if the general slope of the site is 10% or greater;
(b) Tract boundary lines showing dimensions, bearings, angles and references to section, township and range lines;
(c) Plot and profile of existing drainage, drainage channels, underground facilities, wooded areas, power transmission poles and lines, and any other significant items shall be shown; and
(d) The location and size of all existing utilities.
(3) Plan layout sheet:
(a) Streets and rights-of-way on and adjoining the site of the proposed subdivision, with names of streets which shall not duplicate names of other streets in the community, except in cases of extensions of existing streets, sidewalks and other pertinent data;
(b) The layout of lots, showing dimensions and numbers and square foot area of each lot with irregular sides (not rectangular), block number, distances, radii and chords shall be shown;
(c) Parcels of land proposed to be dedicated or reserved for schools, parks, playgrounds or other public, semi-public or community purposes;
(d) Building setback or front yard lines;
(e) Easement locations, widths and purposes;
(f) The “plan layout sheet” may be incorporated with the “topographic sheet”; provided, such incorporation does not result in a drawing which is not legible;
(g) Provide a drawing indicating thereon the proposed sanitary sewers with connections to main sewer system, lift stations, if any, and other appurtenances, if any. If a private sewage system, provide a drawing locating the system in relation to well, house and adjacent lot systems. Private sewage systems shall be installed according to the County Sanitary Code;
(h) Provide a drawing indicating thereon the proposed method of drainage:
1. If storm sewers or similar type of system is used show connection to main system, or method of disposition into stream, retention reservoir and the like, distance to stream outlet, lift stations, if any, approximate size, approximate location, manholes, if any, inlets, junction boxes and other necessary appurtenances; and
2. If surface drainage is planned, roadside, swales, grassed waterways, watercourses, open ditches, roll curb and gutter sections, show location of said type, location and approximate size of road culverts, location and typical cross-section of grades, swales, waterways, roadside ditches, open ditches, if applicable, approximate depth and grades of abovementioned surface drainage , and necessary profiles, cross-sections and other information to the adequacy of the outlet drain or detention reservoir.
(4) Supplementary information:
(a) Statement of the proposed use of lots, stating type of residential buildings with number of proposed dwelling units; type of business or industry; so as to reveal the effect of the development on traffic, fire hazards or congestion of population;
(b) Proposed covenants and restrictions;
(c) Evidence of an adequate source of water supply;
(d) Statement concerning the location and approximate size or capacity of utilities to be installed;
(e) If any zoning changes are contemplated by the subdivider, the proposed zoning should be outlined and described;
(f) A national cooperative soil survey map from the Building Commissioner or the local Soil and Water Conservation District showing the soil limitations based upon the intended usage of the development land;
(g) A statement concerning the method of controlling erosion before, during and following construction (i.e., temporary seeding, siltation basins, mechanical erosion devices and other similar means that meets the county’s soil and water conservation guidelines for urban development);
(h) A statement from the County Highway Department or Town Street Department concerning rights-of-way, road improvements, roadside improvements, roadside drainage, entrances, culvert pipes and other specifications deemed necessary by the Commission or County Highway or Street Department;
(i) If private sewage systems, a statement from the County Health Officer whether private septic systems can be used on this property;
(j) If a legal drain is involved, a statement from the County Drainage Board concerning easements, rights-of-way, permits and the like;
(k) If a floodplain is involved, a statement from the state’s Department of Natural Resources, Division of Water, concerning construction in a floodway, including floodplain high water marks and the like; and
(l) Show other features or conditions, which would affect the subdivision favorably or adversely.
(5) The overall provisional plat sheets of the subdivision shall be drawn to a scale of 50 feet to one inch, or 100 feet to one inch and on sheets not to exceed 24 inches by 36 inches; however, if the resulting drawing would be over 36 inches in the shortest dimension, then a scale as recommended by the Building Commissioner may be used.
(B) Step 2, Overall Provisional Plat Approval.
(1) Fifteen days before the Commission’s next regularly scheduled meeting, the subdivider shall submit to the Building Commissioner an application for approval of the overall provisional plat of the subdivision, together with six copies of all of the material outlined in Step 1. Also, one of these six copies shall be submitted to the County Soil and Water Conservation District and another to the County Surveyor.
(2) After the application has been received by the Building Commissioner, and after the Commission has given acceptance or tentative approval, it shall set a date for public hearing, notify the applicant in writing, and at least ten days prior to the next regularly scheduled meeting, the Commission shall publish a notice of the time and place of the hearing and the location of the proposed plat. The cost of the publication of the notice of public hearing shall be met by the applicant, included in the application shall be a conservation plan detailing the management of the soil, the water management plan for both surface and subsurface drainage, and the method or methods used in controlling erosion and sedimentation that meets the guidelines of the County Soil and Water Conservation District.
(3) After the public hearing, the Commission shall review the application and shall study the overall provisional plat to determine if it conforms to the minimum standards and requirements as outlined in this chapter, and shall approve, reject or table the application within 65 days after submission of the application to the Building Commissioner. Upon the tabling or rejecting of an application, the Commission shall notify the applicant in writing what revisions, changes or further changes in the overall provisional plat are needed for approval. Upon the rejection of an application, the Commission will not review the overall provisional plat until it is re-submitted, which cannot be done but once every six months. The approval of the overall provisional plat by the Commission does not constitute approval of any or all of the subdivision, but is merely an authorization to proceed with preparation of a record plat.
(4) Five copies of the overall provisional plat approved by the Commission and signed by the President and Secretary shall be retained in the office of the Building Commissioner. One copy shall be sent to the subdivider and is authorization for the subdivider to proceed with the preparation of a record plat. One copy shall be sent to the County Surveyor.
(5) An approval of the overall provisional plat shall be effective for a period of four years, unless upon request of the applicant, the Commission grants an extension of time. The application for a record plat shall be submitted to the Commission and, if it is not received within the period of time above specified, all previous actions by the Commission with respect to the plat shall be deemed to be null and void.
(C) Step 3, Record Plat of the Subdivision. With the application for approval of the record plat, the subdivider shall submit the following engineering plans and specifications and other required information to the Commission:
(1) Profiles, typical cross-sections and specifications for proposed street improvements and grade if used for drainage;
(2) Profiles and locations and other explanatory data concerning the installation of sanitary systems and water distribution system;
(3) A description of the portion of the overall provisional plat intended to be filed for record, including a program for the progressive development of the entire area contained in the overall provisional plat;
(4) A statement of the estimated amount of money sufficient to complete the improvements and installations by the subdivider and attested to by a registered land surveyor or a registered professional engineer;
(5) The record plat may include all or any part of the overall provisional plat which has received approval;
(6) The original drawing of the record plat of the subdivision shall be provided and drawn to a scale of 50 feet to one inch; provided that, the resulting drawing can be placed on a sheet 18 inches by 23 inches. A scale of 100 feet to one inch may be used if authorized by the Commission;
(7) Accurate boundary line, with dimensions and angles, which provide a survey of the tract, closing with an error of not more than one foot in 5,000 feet;
(8) Accurate distances and directions to the nearest established street corners or official monuments. Reference corners shall be accurately described on the plat;
(9) Accurate locations of all existing and recorded streets intersecting the boundaries of the tract;
(10) Street lines with accurate dimensions in feet and hundredths of feet, with angles to street, alley and lot lines;
(11) Lot numbers and dimensions;
(12) Accurate locations of easements for utilities and drainage and any limitations on such easements. Surface drainage easements shall be shown separately front utilities, but within the same easement area;
(13) Accurate dimensions for any property to be dedicated or reserved for public, semi-public or community use;
(14) Building setback lines and dimensions;
(15) Location, type, material and size of all monuments and lot markers;
(16) Plans and specifications for the improvements required in this chapter;
(17) Restrictions of all types which will run with the land and become covenants in the deeds for lots;
(18) Name of the subdivision, followed by the words: “Record Plat”;
(19) Name and address of the owner and the subdivider;
(20) North point, scale and date;
(21) Certification by a registered land surveyor;
(22) Certification of dedication of streets and other public property;
(23) Certificate for approval by the Commission;
(24) Certificate for approval of the roads by the Board of County Commissioners, if the plat lies wholly, or partly, beyond the town limits;
(25) Provide typical cross-section, grades and other specifications for all surface drainage systems, including both on-site and off-site drainage (i.e., culvert pipes, swales, open ditches and the like);
(26) Provide size, type, grade, location and other specifications for storm sewers including on-site and off-site (i.e., inlets, curb sections, manholes, lift stations and the like);
(27) Size, type, grade and locations of existing subsurface drainage or proposed subsurface drainage including on-site and off-site (i.e., peripheral drains around homes, beneath street beds and the like);
(28) Elevation of finished grade of each homesite in relation to street;
(29) Location of well, if applicable, septic tank, if applicable, and absorption field if applicable in relation to lot lines, adjoining property, drainage and utility easements and the like;
(30) Certification of approval from the state’s Department of Natural Resources, Division of Water, on any permanent structure lying wholly or in port in a floodplain;
(31) Certification of approval from County Drainage Board on any permanent structure lying wholly or in part within the easement of a legal drain;
(32) Certification of approval from the County Highway Department or City Street Department concerning road standards and specifications, road drainage, rights-of-way and the like; and
(33) Any other item that was required as part of the overall provisional plat.
(D) Step 4, Record Plat Approval.
(1) The Record Plat will have incorporated all changes or modifications required by the Commission, a designated engineer, the Health Officer, the County Soil and Water Conservation District and the County Surveyor; otherwise, it shall conform to the provisional plat, and it may constitute only that portion of the approved provisional plat which the subdivider proposed to record and develop at the time; provided that, such portion conforms with all requirements of this chapter and meets the approval of the Commission,
(2) (a) The record plat shall be filed not later than 12 months after the date of approval of the overall preliminary plat; otherwise, it will be considered void unless an extension is requested by the developer and granted by the Commission in writing.
(b) Fifteen days before the Commission’s next regularly scheduled meeting, the subdivider shall submit to the Building Commissioner an application for approval of the record plat of the subdivision, together with four copies of all material outlined in Step 3 as requested by the Commission. Also, the original drawing and eight page-size prints of the record plat shall accompany this material.
(c) When the record plat is submitted to the Commission, it shall be accompanied by a notice from the Council, stating that there has been filed with and approved by that body, one of the following:
1. A certificate signed by a registered professional engineer or a registered land surveyor, who has been approved by the Council, stating that he or she has inspected the improvements and installations for the subdivision required for its approval, during and after their construction and installation and that they have been made or installed in accordance with the approved specification; and, that a three-year maintenance bond has been provided for any improvements and installations required by this chapter, as is executed to the town. The said maintenance bond shall:
a. Run to and be in favor of the town, if the subdivision or any part thereof, is within the corporate limits of the town. If the subdivision is beyond the jurisdiction of the Commission, then such maintenance bond shall be in favor of and run to the Board of County Commissioners;
b. Be in a penal sum of not less than $25,000 per mile of streets in the subdivision to assure and guarantee the maintenance of all improvements and installations, during such three-year period, including, but not limited to, streets to minimum town specifications at the end of such period, sanitary sewers, storm sewers and water lines, including lift stations, pumps, motors, connections and main lines installed in the subdivision, sidewalks, shoulders, side slopes and ditches, street signs, street lights and fire hydrants; provided that, the Board of Trustees may reduce the penal sum set forth herein for good cause if the intent of the maintenance bond provision is preserved;
c. Include an amount for maintenance other than for streets set forth above which shall be set by the Commission, but in no event shall the penal sum of such maintenance bond covering additional installations be less than 10% of the total cost of all of the improvements and installations in the subdivision proposed for record plat approval; and
d. Commence upon approval of the record plat.
2. A bond which shall:
a. Run to the town;
b. Be in an amount determined by the Commission to be sufficient in amount to complete the improvements and installations in compliance with this chapter, but in no case shall such amount be less than 100% of the total estimated cost of all improvements and installations provided in the record plat. A statement of the estimated amount sufficient to complete the improvements and installations shall be furnished by the subdivider and attested to by a registered professional engineer or a registered land surveyor;
c. Be with surety satisfactory to the Commission; and
d. Specify the time for the completion of the improvements and installations, which shall be within two years from the date of such bond.
3. Specify that upon completion, but prior to acceptance by the Council of any streets within the corporate limits of the town and by the Board of County Commissioners of any streets outside of the town limits, a three-year maintenance bond or other suitable agreement or guarantee acceptable to the Council covering such street improvements, and for all other improvements and installations in the subdivision, which shall run to the Council or the Board of County Commissioners as the case may be, will be provided by the subdivider or contractor of such street improvement to be effective as of the date of acceptance by the Council or the Board of County Commissioners as the case may be. This maintenance bond or other suitable agreement or performance guarantee shall satisfy the requirements set forth for a three-year maintenance bond in divisions (D)(2)(c)1.a. through (D)(2)(c)1.d. above.
(3) The performance bond referred to in division (D)(2)(c)2. above shall not be released until a certificate signed by a registered professional engineer or registered land surveyor, as the case may be, who has been approved by the Council, shall have been filed with the Building Commissioner stating that said engineer or surveyor has inspected the improvements and installations guaranteed by the bond during and after the construction and installation and that they have been made and installed in accordance with the approved specifications. Upon the acceptance of all streets in the subdivision by the Council or the Board of County Commissioners, as the case may be, and upon the subsequent authorization of the Council for the acceptance of the other improvements and installations covered by the maintenance bond, then the three-year maintenance bond or other suitable agreement or performance guarantee may be released and the surety discharged for all time of further obligation.
(4) Any funds received from the bond required by these regulations shall be used only for the purpose of making the improvements, installations or repair for which said guarantees were provided, in accordance with the standards, specifications and requirements of these regulations.
(5) Upon the acceptance of said improvements and installations by the Board of County Commissioners or Council, as the case may be, the applicant shall obtain a completion affidavit stating that the required improvements and installations have been installed in compliance with the specifications of this chapter, and have been accepted for public maintenance, and shall file said completion affidavit with the Commission.
(6) (a) Within a reasonable time, not exceeding 65 days, after application for approval of the record plat, the Commission shall approve or disapprove it.
(b) If the Commission approves, it shall affix the Commission’s seal upon the plat, together with the certifying signatures of its President and Secretary. It may then be filed for recording in the office of the Recorder of the county, as required by law.
(c) If it is disapproved, it shall set forth the reason for such disapproval in its own records and provide the applicant with a copy.
(Ord. passed 10-19-1977)