§ 154.055 IMPROVEMENTS.

   (A)   The developer shall, for all major subdivisions, agree to complete all improvements in accordance with these regulations or such other improvements as the city and/or Commission may require in the public interest as a prerequisite to approval of the final plan.

   (B)   No plan shall receive final plan approval by the Commission unless the developer shall have completed all such improvements and the standards required by these regulations or shall have filed with

the city by performance bond, certified check, letter from a financial institution guaranteeing the completion of improvements, or other acceptable performance assurance. All such assurances shall be approved by City Council.

   (C)   The city may require their Engineer to check final construction plans for the correctness and to inspect the construction of improvements. If the city decides that the developer pays for the engineering, the developer shall, prior to approval of the final plan, agree to pay for any such checking and inspection at a current schedule of fees as shall be mutually agreed upon between the developer and the Engineer selected.

   (D)   Upon completion of the improvements in accordance with the specifications of the city and these regulations, the developer shall take the final steps to dedicate the improvements and have the same accepted by the city.

   (E)   Improvements shall include, but not necessarily be limited to, the following:

      (1)   Monuments or markers;

      (2)   Grading and streets;

      (3)   Curbs and walks (if required);

      (4)   Sewers or on-lot disposal units;

      (5)   Water service or on-lot water supplies;

      (6)   Storm drainage as required; and

      (7)   Erosion and sedimentation control measurers.

   (F)   Where grading conditions or other circumstances prohibit the placing of lot markers or street monuments at the time of submission of final plat, a cash deposit shall be made with the city in an amount sufficient to cover the installation of such monumentation at a future date. Should installation of the above monuments and markers not be completed within three months after completion date of subdivision by the subdivider, the city shall cause such installation to be completed and pay therefore from cash deposits.

(Ord. 1286, passed 6-7-1982)

§ 154.056 PERFORMANCE ASSURANCE.

   (A)   An assurance of proper completion of the improvements in the subdivision shall be made by one of the following methods, or such other method as shall be satisfactory to the Commission and the City Counci1.

      (1)   A certificate from the developer and signed by the city, that all improvements and installation in the subdivision required by these regulations have been made or installed in accordance with specifications;

      (2)   A certificate from the developer and signed by the city that a bond, a certified check, or other security satisfactory to City Council has been filed with the city; or

      (3)   (a)   The Commission shall require a bond, certified check, or other security satisfactory to City Council and the Commission which shall:

            1.   Run or be made payable to the city; and

            2.   Be in the amount determined by the city and Commission to be sufficient to complete the improvements and installations in compliance with these regulations.

         (b)   In the case of a bond, it shall also:

            1.   Be with surety satisfactory to the city; and

            2.   Be in form, sufficiency and execution acceptable to the city.

   (B)   The bond, certified check or other securities shall specify the time for the completion of the required improvements. Such time shall be satisfactory to the city and Commission. When the improvements have been completed and approval by the city and Commission, the guarantee shall be released and returned. When a portion of the required improvements has been completed and approved by the city and Commission, a portion of the bond, monies or security commensurate with the cost of the improvements may be released and returned.

   (C)   In the event that cash or its equivalent is deposited as an improvement guarantee, it shall be held in an escrow fund, which may bear interest to the credit of the developer, but the developer shall pay all costs for the maintaining of such escrow fund. All interest earned shall remain in the escrow account until such time the work is satisfactorily completed.

(Ord. 1286, passed 6-7-1982)

DEVELOPMENT STANDARDS

§ 154.070 GENERAL STANDARDS.

   (A)   It is the policy of the city that these regulations shall state minimum standards for development in the city. Whenever the city in its zoning, building codes, sign ordinances, road ordinances, or other ordinances, resolutions, or regulations require standards that exceed these minimum standards, other city standards shall apply. Also, whenever the County Health Department or state or federal law shall require lot sizes larger than those required herein, their regulations shall prevail. Should the standards of these subdivision regulations exceed those of the city zoning ordinance, the standards of these regulations shall apply.

   (B)   The following requirements and guiding principles for land subdivision shall be observed by all developers, and the Commission shall consider the suitability as to location of any proposed subdivision with respect to the following:

      (1)   (a)   Land subject to severe flooding (identified by current flood zone maps of the Department of Housing and Urban Development) and land if deemed for specific reasons as may have developed in the planning process by the Commission to be uninhabitable for other reasons shall not be platted for residential occupancy nor for other such uses as may increase danger to health, life, or property or aggravate the flood hazard but such land within a plan shall be set aside for such uses as will not be endangered by periodic or occasional inundation.

         (b)   Any development in areas considered by the Commission as habitable yet subject to periodic or occasional innundation shall comply with the regulations and standards as established under § 154.103 and any other federal, state, or local regulations concerning such development of flood plains.

      (2)   The subdivision plan shall conform to such municipal maps or plans or such parts thereof as shall have been prepared by the Commission of city agencies and approved by the city.

      (3)   No subdivision showing reserve strips controlling the access to public ways will be approved, except where the control and disposal of the land comprising such strips are definitely placed within the jurisdiction of the municipality.

      (4)   Lot lines shall, where possible, follow municipal and county boundary lines rather than cross them.

      (5)   The availability of drinking water and sewage disposal shall be a prime consideration for the size and configuration of development.

(Ord. 1286, passed 6-7-1982)

PLAN REQUIREMENTS

§ 154.080 SKETCH PLAN.

   (A)   A subdivision sketch plan may be submitted by the developer or property owner as a basis for informal and confidential discussion with the Commission or staff.

   (B)   Data furnished in a sketch plan shall be at the discretion of the developer. It is suggested that the following items be included in the sketch plan presentation:

      (1)   Subdivision boundary;

      (2)   North arrow;

      (3)   Streets on and adjacent to the tract;

      (4)   Topographical and physical features;

      (5)   Proposed general street layout;

      (6)   Proposed general lot layout;

      (7)   Proposed easements; and

      (8)   Information relative to water and sewer lines.

(Ord. 1286, passed 6-7-1982)

§ 154.081 PRELIMINARY PLAN.

   (A)   A preliminary plan is required for major subdivisions. Submitted copies of the preliminary plan drawing shall be either black on white or blue on white prints. Sheet size shall be 18 x 24 inches or 24 x 36 inches in size. Three copies shall be submitted.

   (B)   The preliminary plan shall be drawn at a scale of no less than 100 feet to the inch. Other acceptable scales shall include 20, 30, 40 and 50 feet to the inch.

   (C)   The following information shall be shown on, or included with, all preliminary plans when they are submitted to the Commission:

      (1)   Proposed subdivision name or identifying title and notation that the subdivision is located in the city;

      (2)   Name and address of the owner of the tract or of his or her agent, if any, and of the developer;

      (3)   Date, north arrow and graphic scale;

      (4)   Total acreage of the tract, number of lots, proposed land use, remaining acreage of any unsubdivided land;

      (5)   Zoning information - district and lot size;

      (6)   Tract boundaries which, if possible, should show distances and bearings;

      (7)   A key map, for the purpose of locating the site to be subdivided at a minimum scale of 2,000 feet to the inch, showing the relation of the tract to adjoining property and streets, roads, bodies of water, and municipal boundaries;

      (8)   Contours at vertical intervals of two feet for land with average natural slope of 4% or less, and at vertical intervals of five feet for more steeply sloping land. Locations of bench marks, and datum used, shall also be shown;

      (9)   The names of all owners of all immediately adjacent unplatted land; the names of all proposed subdivisions or platted subdivisions immediately adjacent to the development, and the locations and dimensions of any streets or easements terminating adjacent to the development;

      (10)   The locations and dimensions of all existing streets, roads, railroads public sewers, aqueducts, water mains, and feeder lines, fire hydrants, gas electric, communication and oil transmission lines, streams, intermittent drainageways, swales, and other significant features within the property proposed to be subdivided, or within 100 feet of said property;

      (11)   The location of all buildings and approximate location of all tree masses within the property;

      (12)   A description of the existing vegetative cover;

      (13)   A full plan of the development, showing the location of all proposed streets, roads, alleys, utility easements, parks, playgrounds, pedestrian ways, and other public areas, sewer and water facilities, proposed building setback lines for each street; proposed lot lines and approximate dimensions of lots; lot numbers and/or block numbers in consecutive order; and all streets and other areas designed for appurtenant facilities, public use, or future public use, together with the conditions of such dedications or reservations;

      (14)   County Health Department subdivision on-lot sewage disposal report, if on-lot sewage disposal system is used; and

      (15)   Typical cross-sections for each proposed street shall be shown on the preliminary plan.

   (D)   The following certificates, where applicable, shall appear on the preliminary plan:

      (1)   Certificate for approval or review by the Department;

      (2)   Certificate for approval by the city and by its Planning Commission; and

      (3)   Any changes that may be proposed in the provisions of the zoning applicable to the area to be subdivided.

   (E)   Where the preliminary plan submitted covers only a part of the subdivider’s entire holding, a sketch plan of the prospective future street system of the unsubmitted part shall be furnished; the street system of the submitted part will be considered in the light of adjustments and connections with future streets in the part not submitted.

(Ord. 1286, passed 6-7-1982)

§ 154.082 FINAL PLAN.

   (A)   A final plan is required for all subdivisions. For major subdivisions, the original and three prints shall be submitted. For minor subdivisions, the original and one print will be required.

   (B)   The final plan original for major subdivisions shall be drawn on tracing cloth or stable plastic film, and shall be in India ink. Photographic reproductions in black or dark brown will be accepted in lieu of ink. For minor subdivisions, high quality pencil drafting on vellum, stable plastic film, or other drafting media will be accepted.

   (C)   (1)   Sheet size for recording final plans shall be 18 x 24 inches in size. Twenty-four by thirty-six inch plats will be accepted for approval purposes; however, a reduction in size to 18 x 24 inches will be necessary for recording purposes.

      (2)   Minor subdivisions of one lot may be drawn on plats of 8-1/2 x 11 inches.

   (D)   If the final plan is drawn in two or more sections, it shall be accompanied by a key map showing the location of the several sections.

   (E)   The final plan shall be drawn at a scale of no less than 100 feet to the inch. Other acceptable scales shall include 20, 30, 40 and 50 feet to the inch.

   (F)   The following information, in addition to all items required for preliminary plans shall be included on final plans where applicable:

      (1)   Block and lot numbers (in consecutive order);

      (2)   Lot lines and tract boundaries with accurate bearings and distances. Distances to be to the nearest hundredth of a foot. Survey closure shall be 1:10,000 or less;

      (3)   Exact acreage of entire subdivision and each individual lot. Acreage to be to the nearest hundredth acre;

      (4)   Setback lines not less than the minimum, or established by these regulations, or by public authority, or those specified on the deed restrictions, whichever is greater;

      (5)   Accurate bearings and distances to the nearest established street corners or official monuments. Reference corners shall be accurately described on the plan;

      (6)   Accurate locations of all existing and recorded streets intersecting the boundaries of the tract;

      (7)   Complete curve data for all curves included in the plan, including radius, delta angle, tangent and arc lengths;

      (8)   Street centerlines with accurate dimensions in feet and hundredths of feet, with bearings of such street centerlines;

      (9)   Street names;

      (10)   Location and material of all permanent existing and proposed monuments and lot markers;

      (11)   Easements for utilities and any limitations on such easements;

      (12)   Accurate dimensions of existing public land and of any property to be dedicated or reserved for public, semi-public or community use; and all areas to which title is reserved by owner; and

      (13)   Any other pertinent information required by these regulations or by the Commission.

   (G)   The following certificates, where applicable, shall be shown on the final plan:

      (1)   Certification, with seal, by a registered professional engineer or registered land surveyor to the effect that the survey and plan are correct. All property surveys must be performed by a registered surveyor. All paving, grading, sewers and other related engineering design shall be performed under the direction of a registered professional engineer;

      (2)   Certificate for review by the County Metropolitan Planning Department;

      (3)   A statement duly acknowledged before an officer to take acknowledgement of deeds and signed by the owner or owners of the property, to the effect that the subdivision shown on the final plan is the act and deed of the owner, that he or she is the owner of the property shown on the survey and plan, and that he or she desires the same to be subdivided and recorded as shown;

      (4)   Certificates for approval by the Planning Commission;

      (5)   Certificate for approval by the City Council and the City Engineer (major subdivision only); and

      (6)   A certificate to provide for the recording of the subdivision plan.

   (H)   The following information, in addition to that shown on the final plan shall be submitted to the Commission for final plan review, when applicable:

      (1)   Application for review or approval (one copy), if required by the Commission;

      (2)   County Health Department subdivision on-lot sewage disposal report, if on-lot sewage disposal system is used;

      (3)   Draft of any proposed covenants to run with land (two copies);

      (4)   Tentative timetable for the proposed sequence of development for the subdivision (two copies);

      (5)   Assurances of completion, where required;

      (6)   Certificate of dedication of streets and other public property (two copies) - this is the offer of dedication;

      (7)   Where lot sizes are based on public water and/or public sewer facilities assurance acceptable to the Commission that such facilities will be installed (two copies);

      (8)   Such certificates of approval by proper authorities of the county and/or state, as may have been required by the Commission including certificates approving the water supply system and sanitary sewer system of the subdivision (two copies);

      (9)   Specifications and drawings for all streets, sewers and other improvements;

      (10)   Restrictions of all types which will run with the land and become covenants in the deeds of lots shown on the drawing (two copies); and

      (11)   All covenants running with the land governing the reservation and maintenance of dedicated or undedicated land or open space, which shall bear the certificate of approval of the City Solicitor as to their legal sufficiency (two copies).

(Ord. 1286, passed 6-7-1982)