A. It shall be unlawful for any person to subdivide any tract or parcel of land which is located wholly or in part in the City except in compliance with this title. No plat of any subdivision shall be recorded until it has been submitted and approved as set forth herein. A plat shall not be approved if the Planning Commission or Zoning Administrator determines such plat to be in conflict with any provision or portion of the general plan, master traffic and transportation plan, zoning ordinance, this title, or any other State law or City ordinance. (Ord. 1347, 9-18-2018)
B. Land or lots within a proposed subdivision shall not be transferred or sold until a final plat of a subdivision has been recorded in accordance with this title and any applicable provisions of State law. Recordation of the plat shall not occur until the improvements required in connection with the subdivision have been completed and conditionally accepted; however, upon the developer's request, the City may record the plat prior to the installation of all improvements if the developer has first guaranteed the installation of improvements as provided herein. Construction of any improvements related to the subdivision, including any land disturbance, shall not be commenced until a land disturbance permit has been issued for the project. Building permits shall not be issued until all infrastructure improvements have been completed, been conditionally accepted by the City Engineer, the warranty period has begun, and/or without written approval of all public agencies involved. No building depending on public or private water (potable), and sewer, energy facilities, or fire protection shall be permitted to be occupied until such facilities are fully provided and operational as determined by the City's building official and other departments of the City.
C. All lots, plots or tracts of land located within a subdivision shall be subject to this title whether the tract is owned by the subdivider or a subsequent purchaser, transferee, devisee, or contract purchaser of the land or any other person.
D. It shall be unlawful for any person to receive a building permit to construct a building or structure on a parcel or tract of land within a residential subdivision until:
1. All underground utilities located under the street surface are installed and accepted by the City and appropriate agencies.
2. Continuous access to the lot through the subdivision is provided by a street, acceptable to the City, with an all weather asphalt or concrete surface.
3. A trash receptacle with a secured lid or secured cover has been located onto the site of a size and nature suitable for containing all construction related debris until the debris is removed from the site.
4. A sanitary toilet has been located onto the site for the use of construction workers. In situations where a general contractor has more than one residential dwelling unit simultaneously under construction in a subdivision plat, one toilet shall be sufficient for every ten (10) dwellings the contractor has under construction.
5. Fire hydrants are fully operational in the area of the subdivision where permits are requested.
6. Streetlights and street signs are installed.
E. The issuance of a building permit for one model home per twenty (20) lots within a recorded subdivision, not to exceed four (4) total model homes in any one recorded subdivision plat, may be allowed prior to the completion of all required subdivision improvements, subject to the following conditions:
1. Curb and gutter are installed unless the obligation to construct frontage improvements has been paid in lieu by agreement with the city; and (Ord. 1132, 2-17-2015)
2. All underground utilities located under the street surface are installed and accepted by the city and appropriate agencies; and
3. Continuous access to the lot through the subdivision is provided by a street, acceptable to the city, with an all weather rolled and compacted road base surface which is capable of supporting the imposed load of fire apparatus weighing at least seventy five thousand (75,000) pounds, and also meets all applicable AASHTO standards for construction; and
4. Fire hydrants are fully operational in the area of the subdivision where permits are requested; and
5. Said model home is limited to nonresidential occupancy. This limitation shall be formalized in an agreement acceptable to the city which shall be executed prior to the issuance of any building permit for the structure. Said agreement shall include the requirement that conversion to residential occupancy shall be subject to an additional final building inspection and the installation of all required subdivision requirements in the entire subdivision; and
6. Model homes shall only be constructed within seven hundred fifty feet (750') of the subdivision's entrance where it meets a fully improved public street. (Ord. 480, 12-3-2002, eff. 1-1-2003)
F. Until the subdivision is completed and conditionally accepted by the city engineer and all appropriate agencies, the subdivider shall be responsible for the following in the area where building permits have been issued: (Ord. 1132, 2-17-2015)
1. Maintaining roads in a manner that allows continuous access for emergency vehicles; and
2. Maintaining roadways and drainage facilities free and clear of dirt and debris which might obstruct water flow or quality of stormwater flows; and
3. Maintaining continuous flow capacities to all hydrants in the subdivision. (Ord. 480, 12-3-2002, eff. 1-1-2003)
G. All public improvements must be done in accordance with the following:
1. The city's subdivision standards and specifications;
2. The requirements of the city engineer;
3. The improvement agreement between the subdivider and the city; and
4. All other applicable city ordinances and regulations.
H. There shall be no occupancy of any building in any commercial subdivision until an occupancy permit has been issued. Furthermore, it shall be unlawful for any subdivider to sell any portion of an approved and recorded commercial subdivision until the prospective buyer or builder has been advised that occupancy permits will not be issued until all required improvements are completed. A certificate of occupancy will not be issued until the following conditions are met at the commercial lot where an occupancy permit is requested and all work is acceptable to the city and appropriate agencies:
1. All necessary utilities are installed; e.g., culinary water lines, sanitary sewer, flood control facilities, electric power, and natural gas lines.
2. Finished road surfaces are installed.
3. All building code requirements are met as confirmed by the building official or his appointee.
4. All city conditions of approval have been met.
(Ord. 1132, 2-17-2015; amd. Ord. 1601, 1-16-2024)