1131.01 Purpose.
1131.02 Plat approval required.
1131.03 General requirements.
1131.04 Consultation prior to submission.
1131.05 Sketch plan review.
1131.06 Preliminary plat.
1131.07 Final plat.
1131.08 Minor subdivisions.
1131.09 Exceptions; modifications to requirements.
1131.10 Annexed subdivisions.
1131.11 Vacation and rededication of existing streets.
The provisions of this Chapter are established in order to accomplish the purposes for which this Planning and Zoning Code is adopted. Procedures are herein established and intended to define the steps by which an applicant may design, make application, record plats and construct public improvements in the development of land.
(Ord. 62-2023. Passed 1-16-24.)
No owner, agent or person having control of any land within the City shall subdivide, or lay out such land in lots in a subdivision unless by a plat in accordance with the Subdivision Regulations contained herein. Lots subdivided in a minor subdivision shall be exempt from the platting procedures when approved according to the procedures set forth in Section 1131.08.
(a) Approval Required Prior To Recording Plat. No plat shall be recorded or have any validity unless and until approved as herein required. If an unapproved plat is recorded, it shall be considered invalid and Council may institute proceedings to have the plat stricken from the records of the County.
(b) Plat Approval Required Prior to Selling Lots. No owner or agent of the owner of any land located in a subdivision shall transfer, sell, agree to sell, or negotiate to sell any land by reference to, exhibition of, or use of a plat of a subdivision before such plat is approved and recorded according to the procedures set forth in these Subdivision Regulations. The description of such lot or parcel by metes and bounds in the instrument of transfer, or in other documents used in the process of selling or transferring, shall not exempt the transaction from these Subdivision Regulations.
(c) Plat Approval Required for Zoning Permit. A zoning permit shall not be issued for any structure on a lot in a subdivision until:
(1) A plat has been approved and recorded according to the procedures set forth in these Subdivision Regulations;
(2) The City Engineer states, in writing, that the improvements required by these Subdivision Regulations have been completed and accepted by the City by ordinance, or the completion of such improvements has been guaranteed according to the provisions set forth in these Subdivision Regulations; and
(3) The required fees established by Council are paid by the developer or subdivider. (Ord. 62-2023. Passed 1-16-24.)
(a) The design and layout of all subdivisions shall conform with the design standards for subdivisions set forth in Chapter 1133, and all zoning regulations governing the area and dimensions of lots set forth in Title Five of this Planning and Zoning Code. The subdivider shall make public improvements and shall submit preliminary and final plats, all in accordance with these Subdivision Regulations.
(b) If the Planning Commission finds that land proposed to be subdivided is unsuitable due to flooding, bad drainage, steep slopes, rock formations and other such conditions as may increase the danger to health, life or property or aggravate erosion or flood hazards, and if, from adequate investigations conducted by all the public agencies concerned, it is determined that, in the best interest of the public, the land should not be platted and developed for the purpose proposed, the Commission shall not approve such subdivision unless adequate methods are formulated by the subdivider for meeting the problems created by such subdivision of land.
(c) The Commission may refuse to approve what it considers to be a scattered or premature development or subdivision of land which may involve danger or injury to the public health, safety, welfare or prosperity by reason of lack of adequate water supply, schools, proper drainage, good roads and transportation facilities or other public services, or which would necessitate an excessive expenditure of public funds for the supply of such services, such as undue maintenance costs for adequate roads.
(Ord. 62-2023. Passed 1-16-24.)
Before the subdivision plat is prepared, the subdivider is encouraged to consult with the City Engineer and Zoning Administrator to become thoroughly familiar with all the subdivision requirements and with all applicable zoning regulations and the Comprehensive Plan of the city affecting the territory in which the proposed subdivision lies. The subdivider may also consult with:
(a) The City Engineer regarding roads and drainage or other construction requirements.
(b) The City Engineer and the Director of Utilities regarding availability of sanitary sewer lines, water lines and electric service.
(Ord. 62-2023. Passed 1-16-24.)
(a) For subdivisions where public utilities are not readily accessible to the site or where rezoning is also involved in the project, the applicant shall, as an exploratory step, submit a sketch plan to the Zoning Administrator. All other applicants are encouraged, but not required, to submit a sketch plan.
(b) Purpose. The purpose of sketch plan review is to:
(1) Discuss early and informally with the applicant the locations of proposed major streets, parks, playgrounds, school sites and other planned projects that may affect the property being considered for subdivision.
(2) Review with the City Engineer, Zoning Administrator the minimum standards of subdivision design and improvements set forth in Chapter 1133.
(c) Submission Requirements. A formal application or filing of a plat is not required for sketch plan review. A sketch plan shall be clearly and legibly drawn on one (1) or more sheets and shall be drawn at a scale of 1"=100' and shall contain the following information:
(1) The name and address of the applicant, developer and property owner.
(2) The proposed name and location of the proposed subdivision.
(3) The approximate total acreage of the proposed subdivision.
(4) The tentative street and lot arrangement.
(5) Topographic lines, and
(6) Any other information the developer believes necessary to obtain an informal opinion as to the proposed subdivision's compliance with the requirements of this Planning and Zoning Code.
(d) Review Process. No action shall be taken at such a meeting and no opinions, suggestions, or recommendations discussed shall be construed by the applicant to constitute automatic approval of a subsequently submitted preliminary plat application.
(Ord. 62-2023. Passed 1-16-24.)
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