Subdivision proposals, with the exception of minor subdivisions, must follow the review and approval process outlined below:
A. Scoping Meeting: The developer/owner shall schedule scoping meeting(s) with planning and public works departments to verify suitability of land proposed for subdividing. Items to be discussed include, but are not limited to, the following:
1. Review and approval process;
2. General plan;
3. Zoning ordinance;
4. Utilities;
5. Physical land features;
6. Transportation patterns.
B. Preliminary Plan Review:
1. Content: The preliminary plan must include the following:
a. Twenty four inch by thirty six inch (24" x 36") plat(s) of proposed land to be subdivided to scale (not smaller than 100 feet to the inch), which will show all public and private land and proposed use (such as park, street, etc.).
b. Twenty four inch by thirty six inch (24" x 36") plat(s) identifying all existing and proposed utilities and storm drainage, and their proposed location, classification, material and burial depth.
c. One sheet must show how the proposed subdivision aligns with roads and neighboring development. This must be based on what actually exists on the ground, not what the county plats show, which must be to scale.
d. The plats shall include:
(1) Zoning designation(s);
(2) Subdivision name;
(3) Street number(s);
(4) Park name(s);
(5) Storm water treatment;
(6) Transportation types and location;
(7) Restrictive covenants;
(8) North arrow and date.
2. Review; Approval: The preliminary plan will be reviewed and approved by the following:
a. Planning department;
b. Public works department;
c. Planning commission.
The preliminary plan shall be approved by all foregoing departments based on the conditions contained herein. A copy of the preliminary plan endorsed by all three (3) departments must be completed prior to the developer proceeding with final plans.
3. Clustering; Open Space And Public Use Areas: Consideration shall be given to clustering in residential, commercial and industrial zones to allow open space and sites for schools, parks, playgrounds and other areas for public use. Provisions shall be made for access for operation, maintenance and ownership and shall be included in the preliminary plan in order for proper review by planning, public works and the planning commission.
C. Final Plan Review And Approval By City Council:
1. Plan Content: The final plan will include all information found in the preliminary plan, plus all changes required by planning, public works and the planning commission to the preliminary plan.
2. Land Survey: The final plan must also be based on a physical land survey that marks all property boundaries. This land survey must be based on what actually exists on the ground and not upon county plats. It also must align with the surrounding development for streets, parks, storm drainage, waterways, etc. This survey shall be done by a state licensed surveyor.
3. Performance Guarantee: A performance guarantee shall be in place to assure completion of all physical improvements indicated on approved plans.
a. Amount Equal To One Hundred Ten Percent Of Value Of Improvements: In lieu of the completion of the required improvements, the subdivider shall provide a performance guarantee in an amount equal to one hundred ten percent (110%) of the value of the improvements required by this section as estimated by the subdivider and approved by the city engineer.
The subdivider(s) shall guarantee the installation by one of the methods specified as follows:
(1) Cash Deposit: A deposit of cash in a separate escrow account in an amount not less than one hundred ten percent (110%) of the estimated cost of performing the work for which the guarantee is required. Said account shall be made with a financial institution acceptable to the city and shall be established in the city's name and shall be in the sole control of the city. Any interest derived from the account shall inure to the benefit of the subdivider.
(2) Performance Bond: A performance bond in an amount not less than one hundred ten percent (110%) of the estimated cost of performing the work for which the guarantee is required, as established by the city. If the developer provides a corporate bond, the bond shall be executed by a surety company duly authorized to do business in the state. It shall be payable to the city; filed in the office of the city recorder/clerk.
b. Approval Of City Attorney: The form of any guarantee of improvements submitted under this section shall be reviewed and approved by the city attorney before acceptance of the guarantee or security by the city.
c. Duration After Approval: The duration of a surety bond shall be for two (2) years from the date of approval of the final plat of the subdivision by the city council, or such greater or lesser time as is required to complete the said improvements.
d. Partial Release Permitted: Where a guarantee is posted for the purpose of ensuring the timely installation of required improvements in a subdivision, planned unit development or similar project, the city may authorize a release of a portion of the guarantee in an amount commensurate with the proportion of improvements completed.
e. Final Inspection: After the completion of all subdivision improvements, the subdivider shall make a written request to the city engineer for a final inspection to be made by all affected city departments. Upon receipt of inspection reports from all affected departments, a summary of the final inspections shall be provided by the city engineer specifying the acceptability of all subdivision improvements.
f. Warranty Period; Release: Once all improvements are approved by the city engineer, the one year warranty period shall begin, and any guarantee filed with the city with regard to such improvements shall be released, provided at least ten percent (10%) of the guarantee amount is held to guarantee the quality of workmanship and materials during the one year warranty period. In all subdivisions, a ten percent (10%) guarantee of improvements, in the form of a cash deposit, corporate performance bond or escrow agreement shall be posted to guarantee the required improvements for the one year warranty period.
g. Default; Forfeiture Of Bond: In the event the subdivider is in default, fails or neglects to satisfactorily install the required improvements within two (2) years from the date of approval of the final plat by the city council, or to pay all liens in connection therewith, the city council may declare the bond or other assurance forfeited and the city council may install or cause the required improvements to be installed, using the proceeds of the collection of the bond to defray the expense thereof.
4. Land For Public Purposes: Land for public purposes such as streets, parks, open space, alleyways, waterways, greenbelts, etc., shall be clearly identified and will be deeded to the city after all physical improvements identified on the approved plans have been completed, inspected and approved by the city.
5. Phases: In order to help facilitate organized and orderly growth within the scope of the city's ability to oversee development of utilities and general infrastructure, subdivisions of more than twenty five (25) lots shall be developed and sold in phases. No phase shall include more than twenty five (25) lots. Each phase must have sixty percent (60%) of the lots (15 lots) developed with the improvements completed/installed prior to sale of lots in the next phase. The developer is responsible for verification of the sixty percent (60%) development prior to additional sales. This requirement shall be strictly enforced.
6. City Council Review: The city council shall consider approval of a proposed subdivision only after the following requirements have been met:
a. Approval by planning department;
b. Approval by public works department;
c. Approval by planning commission;
d. Public hearing advertised two (2) weeks in a local paper;
e. Final approval shall be considered at the next scheduled city council meeting after the public hearing.
7. Final Approval: Final approval shall always be subject to compliance with all requirements outlined in this title. (Ord. 2008-5, 5-13-2008)