(a) Purpose. The subdivider, having received approval of the preliminary plat of the proposed subdivision, shall submit a final plat of the subdivision and drawings and specifications of the improvements required therein. The final plat shall conform to the approved preliminary plat and shall have incorporated all changes required in such approval. The final plat for a phased project may constitute only the portion of the approved preliminary plat that the subdivider proposes to record and develop at that time.
(b) Submission Requirements. The subdivider shall prepare the final plat for record purposes in accordance with the following:
(1) Application. An application for approval of a final 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 final plat shall be:
A. Drawn or printed on mylar or other material of equal permanence.
B. Drawn in India ink, Auto Cad or other method approved by the City Engineer.
C. Drawn at a scale of not less than 1"=100'.
D. On one (1) or more sheets, each measuring eighteen (18) inches by eighteen (18) inches in size. A borderline shall be drawn around the entire sheet, leaving a margin of one inch from the edge of the sheet. If more than one (1) sheet is needed, each sheet shall be numbered, the relation of one (1) sheet to another clearly shown, and the number of sheets used shall be set forth in the title of the plat.
(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. The plat shall indicate its location by section or by other survey number and the graphic scale,
(4) Contents. The final plat shall contain the following information. All dimensions, angles, bearings and similar data on the plat shall be tied to primary control points, and the locations and description of such control points shall be given.
A. Existing conditions. A map(s) indicating the following existing conditions.
1. Municipal, township, county or lot lines accurately tied to the lines of the subdivisions by distance and angles.
2. The lines, name and right-of-way width of all existing streets and alleys.
3. The location of all adjoining properties, the names and addresses of the owners of adjoining properties and the lines of adjoining streets and alleys with their widths and the name of all streets.
4. The location of all survey monuments and/or iron pins.
5. The location of all easements provided for public use, services or utilities.
B. Proposed conditions. A plat illustrating the following details pertaining to the proposed subdivision.
1. Boundaries of the proposed subdivision indicated by a heavy, solid line and the approximate acreage comprised therein and the bearing and distances of the boundary lines.
2. All lot lines together with an identification of all lots, identified by number, and blocks, identified by number or letter.
3. The location, name and right-of-way width of proposed streets.
4. The accurate outline of any portions of the property intended to be dedicated or granted for public use, with the purpose indicated thereon.
5. Certification on the plat of title showing that the applicant is the owner and acknowledgement of any restrictions including dedication to public use of all streets, alleys, parks or other open spaces shown thereon and the granting of easements required.
6. The minimum front building setback lines accurately shown with dimensions, the width of each lot at such building line, and the square footage of each lot.
7. A table showing the total acreage contained in the subdivision, the acreage in lots and the acreage in roads. If the subdivision is in two (2) or more lots, then the above-mentioned acreage shall be shown for each lot.
8. The purpose for which sites, other than residential lots, are dedicated or reserved.
9. All dimensions, both linear and angular, necessary for locating the boundaries of the subdivision and lots and the right-of-way of streets, alleys, easements and other areas for public or private use. Linear dimensions are to be given to the nearest hundredth of a foot.
10. The radii, arcs or chords, points of tangency and central angles for all curvilinear streets and radii for rounded corners.
11. The location of all new or proposed easements provided for public use, services or utilities.
12. The certificate of a registered surveyor attesting the accuracy of the survey and the correct location of all monuments shown.
13. Spaces for the signatures of the owners of the property, the chairman of the Planning Commission, Council, the City Engineer, the County Auditor, the County Recorder and a Notary Public.
14. Spaces for the signature of the Clerk of Council, ordinance number, and date of passage.
15. Protective covenants. Protective covenants and restrictions governing the maintenance and insurance of any common areas or proposed easements or grants for public utilities in final form, placed directly on the plat, or referenced by volume and page if recorded separately.
C. Additional Submissions.
1. Certification by the County Auditor that there are not unpaid taxes or assessments upon any part of the area within the subdivision.
2. Calculations showing the error of linear closure, which error shall in no case be greater than one in 5,000.
3. Request for waiver. If any irregularities or waivers or improvements are to be requested by the developer, the developer shall submit a letter identifying the request.
4. Other data. Other data, certificates or affidavits, as may be required by the Planning Commission in the enforcement of these regulations.
(c) Approval Procedures. The final plat shall be submitted, distributed for review and acted upon according to the procedures set forth in this Section.
(1) Submission. The original and two (2) prints of the final plat, together with the required additional information shall be submitted to the Zoning Administrator.
(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 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 his or her recommendations to the Zoning Administrator within 10 business days from the date the application is deemed complete.
A. Review by City Engineer. Two (2) prints of each plat shall be transmitted to the City Engineer. The City Engineer shall review the final plat application to determine conformity to the approved preliminary plat and any special conditions or modification stipulated, the correctness of mathematical data and computations; and conformity with any master plans for utilities and streets, and the grading and construction standards in effect in the City.
B. Review by City Attorney. The City Attorney shall review the covenants and restrictions required for the insurance and maintenance of common areas and easements and the financial guarantees required for the installation and maintenance of the improvements.
C. Notation of Zoning Compliance. The Zoning Administrator shall review the plat for compliance with the zoning.
(4) Action by the Planning Commission. The Planning Commission shall act within forty-five (45) days from the date at which the final plat application was deemed complete unless an extension is mutually agreed to by the applicant and the Planning Commission. If the Planning Commission fails to act within the time period, the final plat shall be deemed to have been approved.
A. Criteria for approval. The Planning Commission shall approve the final plat when:
1. The final plat and its supplemental elements conform to the approved preliminary plat, including the layout of streets, number of lots, amount and percentage of open space, etc. and incorporates all changes required in the preliminary plat approval.
2. The City Engineer has approved the construction drawings for the proposed roads, sewer and water systems and other proposed public facilities and either the improvements are installed or Council has approved a financial guarantee.
3. The City Attorney has approved the covenants and restrictions regarding maintenance and insurance of common areas and any proposed easements or grants for public utilities.
4. The application complies with the provisions set forth in these subdivision regulations and this Planning and Zoning Code. If a zoning change is involved such change shall be approved prior to approval of a final plat.
5. All computations, certifications, and monuments are accurately noted on the plat, including all required certifications for water and sewer improvements.
B. Action. The Planning Commission shall take one of the following actions:
1. Approve the final plat.
2. Approve the final 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 final plat is recommended for approval with modifications, the nature of the modifications shall be indicated in writing.
3. Disapprove the final plat, in which case, the reasons for such disapproval shall be stated in writing.
C. Disapproved plats. In the event the Planning Commission disapproves the final plat, it shall state in writing the reasons for disapproval.
D. Approved plats. An approved final plat shall be endorsed by the chairman of the Planning Commission. Approval of the plat by the Planning Commission shall not constitute acceptance by the City of the dedication of any street or other public way or ground.
E. Recommendation to Council. The Planning Commission shall act upon the final plat and submit a recommendation to Council.
(5) Council Action. Upon notification of the Planning Commission's recommendation on the final plat, Council shall legislatively accept or reject such final plat. Council's acceptance shall be indicated by the signature of the Clerk of Council, the ordinance number, and include the date of passage.
A. If the final plat indicates land for public use, said land and easements shall be indicated on the plat submitted to Council for approval of dedication.
B. The acceptance of any street or utility for public use and maintenance shall be by separate action of Council as indicated in Chapter 1133.
(6) Resubmission of Disapproved Final Plat. If a final 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.
(7) Recording. The final plat with the necessary approvals endorsed thereon in writing, shall be filed for recording in the office of the County Recorder. If the final plat is not recorded within the below referenced timeframes, it shall again be submitted to the Planning Commission for approval. The final plat shall be recorded within three (3) months after:
A. Approval of the final plat by the Council.
B. The time set for completion of the improvements lapses.
(Ord. 62-2023. Passed 1-16-24.)