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.)
(a) Purpose. The preliminary plat of a subdivision is not intended to serve as a record plat. Its purpose is to show on a map all facts needed to enable the Planning Commission to determine whether the proposed layout of the land in question is satisfactory from the standpoint of the public interest. It enables the applicant and the Planning Commission to explore the best relationship to adjoining subdivisions or adjoining land and outline a program of improvements. The preliminary plat shall be planned by a qualified technician trained in the layout of subdivisions.
(b) Significance of Approved Preliminary Plat. An approved preliminary plat shall not constitute acceptance of the final plat but shall be the basis of approval of the final plat regarding the general layout of streets, lots, and open space. Approval of the preliminary plat authorizes the applicant to:
(1) Prepare and submit an application for Final Plat.
(2) Prepare and submit construction drawings of the proposed roads, sewer and water systems and other proposed public facilities to the City Engineer whose approval shall be required prior to the approval of the final plat by the Planning Commission;
(3) Complete final surveys for the design of roads, utilities and lots;
(c) Submission Requirements. The preliminary plat shall be prepared in accordance with the regulations set forth herein, and shall be approved prior to the completion of final surveys of roads and lots and before the start of any grading or construction work. Where the preliminary plat covers only part of the subdivider's entire holding, a sketch plan of the entire holding shall be submitted in order to consider the proposed subdivision's connections with the road system of the part not submitted.
(1) Application. An application for approval of a preliminary plat shall be submitted to the Zoning Administrator, on forms provided by the Zoning Administrator, together with the required number of copies of the plat and the supplemental submission material required by this section.
(2) Form. The preliminary plat shall be drawn at a scale of not less 1"=100'and shall be on one or more sheets, with dimensions which are multiples of six (6) inches in either direction.
(3) Identification. Each plat, map and accompanying data shall contain the proposed name of the subdivision. The name shall not approximate, phonetically or otherwise, the name of any other subdivision in the City. Each map shall include a north point, scale and date. All documentation shall contain the names and addresses of owner, developer, and the engineer or other technician who prepared the documentation, and the preparation date and any dates of revision thereto.
(4) Contents. The information required for the preliminary plat and accompanying information shall include:
A. Vicinity Map. A vicinity map at a scale of not less than 1"=1000' showing the relationship of the subdivision to its surroundings within one- half (½) mile.
B. Existing Conditions. A map(s) indicating the following existing conditions.
1. Boundaries (indicated by a heavy, solid line), dimensions and acreage of the tract to be subdivided.
2. Identification of adjacent subdivisions and adjacent parcels within 200 feet of the proposed subdivision with boundary lines shown by dashed lines and including the names of adjacent subdivisions and owners of the adjacent parcels.
3. Zoning classification of the proposed subdivision and adjoining properties and a description of proposed zoning changes if any.
4. The existing use(s) on the subject property and adjacent land.
5. Location, widths, types and names of all existing parks and other public open spaces, permanent buildings, structures, parking areas, section and corporation lines, on and within 200 feet of the tract.
6. The locations, widths, and names of existing streets, railroad rights-of- ways, easements, sidewalks, legally established centerlines, and any other public right-of-way.
7. Existing sanitary and storm sewers, water mains, culverts, gas lines, fire hydrants, electric and telephone poles, street lights, cable television lines or other underground items within the tract or immediately adjacent thereto, with pipe sizes, grades, elevations, and locations indicated. If water mains and sewers are not on or adjacent to the tract, the direction, distance and size of those nearest shall be indicated.
8. Contours at two-foot intervals of the tract and adjacent properties within 200 feet of the tract.
9. Streams, drainageways , ponds, swamps, marshes, wetlands and other boundaries of floodways and flood plains, the tree line of wooded areas, rock outcroppings and individual trees one (1) foot or more in diameter and other significant features.
C. Proposed Conditions. A plat illustrating the following details pertaining to the proposed subdivision.
1. Boundaries (indicated by a heavy, solid line), dimensions and acreage of the proposed subdivision.
2. Layout, numbers and approximate dimension of lots.
3. Building setback lines along all streets, with dimensions noted.
4. A statement of the proposed use(s) of lots, giving the type and number of dwelling units and the type of business or industry.
5. Preliminary layout and cross section of streets, including names and right-of-way widths of existing and proposed streets, and widths of any alleys, sidewalks, crosswalks, the location, width and purpose of any easements.
6. Location and size of proposed utility mains, showing their connections with the existing systems.
7. Parcels of land intended to be dedicated, the acreage of each parcel and the conditions of such dedication or reservation.
8. General phasing of the development, indicating construction and development of any common open space and recreation facilities. The preliminary plat shall include the proposed general layout for the entire area. The part that is to be subdivided first shall be clearly superimposed upon the overall plan in order to illustrate clearly the method of development that the subdivider intends to follow. Each subsequent plat shall follow the same procedure until the entire area controlled by the subdivider is subdivided.
9. Multi-family, cluster and nonresidential uses shall be subject to the requirements in Chapter 1181, Site / Development Plan Review.
D. General Information. The following additional information shall be provided.
1. Legal description or tract designation and other description according to the real estate records of the tax-map office.
2. Highways or other major improvements planned by public authorities for future construction on or near the tract.
3. A general description of any proposed covenants and restrictions.
4. Any state or federal wetland and / or floodplain development permits that have been obtained authorizing development of wetlands on the site.
(d) Approval Procedures. Preliminary plats shall be submitted, distributed for review and acted upon according to the procedures set forth in this Section.
(1) Submission. Two (2) copies of the preliminary plat and submission material specified above shall be submitted to the Zoning Administrator along with a completed, written application and payment of the fee.
(2) Review for Completeness. The Zoning Administrator shall review the submitted application for completeness and compliance with the applicable submission requirements. If the application is deemed insufficient, the Zoning Administrator shall within ten (10) business days notify the applicant of the deficiencies and place the application on hold until complete. When the application is determined complete and the application fee has been paid, the Zoning Administrator shall officially accept the application for consideration and place it on the Planning Commission's agenda.
(3) Distribution of Plans. When the Zoning Administrator determines that an application is complete, the Zoning Administrator shall forward copies of the complete application to the proper agencies, departments or other appropriate individuals or organizations for review and report. Such agencies, departments, individuals or organizations shall review the application and submit their recommendations to the Zoning Administrator within ten (10) business days from the date the application is deemed complete.
(4) Transmission to the Planning Commission. The Zoning Administrator shall distribute the application and the recommendations from the appropriate individuals set forth in subsection (d)(3) above to the Planning Commission.
(5) Public Hearing and Notice by Planning Commission. The Planning Commission shall hold a public hearing on the application. Notice of such public hearing shall be given no less than ten (10) business days before the date of the hearing by first class mail to the applicant and to the owners of property within 250 feet of the property on which the subdivision is proposed. Notices shall set forth the time and place of the public hearing and the nature of the proposed subdivision. Failure of delivery of such notice shall not invalidate action taken on such application.
(6) Action by Planning Commission. If the Planning Commission fails to act within sixty (60) days from the date the application was deemed complete, or an extended period as may be agreed upon, then the applicant may deem the application disapproved. The Planning Commission shall take one of the following actions:
A. Approve the preliminary plat.
B. Approve the preliminary plat with modifications. The Planning Commission may require such changes or revisions as are deemed necessary to the welfare and needs of the community. If the preliminary plat is recommended for approval with modifications, the nature of the modifications shall be indicated in writing.
C. Disapprove the preliminary plat, in which case, the reasons for such disapproval shall be stated in writing.
(7) Notification of action to City Council. Within fourteen (14) business days of the action by the Planning Commission to approve a preliminary plat, City Council shall be notified by the Zoning Administrator
(8) Record of Action. The action of the Planning Commission shall be noted on two (2) copies of the preliminary plat, with any notation made at the time of approval or disapproval of the specific changes required.
A. One (1) copy shall be returned to the subdivider and
B. One (1) copy shall be retained by the Planning Commission.
(9) Resubmission of Disapproved Preliminary Plat. If a preliminary plat is disapproved such plat may be modified to address the reasons stated for disapproval and resubmitted for review by the Commission within ninety (90) days of the Commission's action at no additional fee.
(10) Approval Period. Approval of a preliminary plat shall be effective for twelve (12) months unless Council, at the request of the subdivider, grants an extension. If a final plat has not been submitted for review within this time limit, approval of the preliminary plat shall expire and the preliminary plat shall be required to be resubmitted to the Planning Commission for reapproval. (Ord. 62-2023. Passed 1-16-24.)
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