(a) Compliance Required; Fees. Any owner of land which is within the corporate limits of the City, or within one and one-half miles of such corporate limits, wishing to develop the same as a planned development or wishing to divide the same into building lots for the purpose of sale or assessment, or both, or wishing to dedicate streets, alleys or other lands for public use, shall follow the procedures and requirements of this chapter. There shall be a filing fee as provided for in Section 1224.16.
(b) Pre-Application Procedure. Prior to the filing of any application for approval of a preliminary plan, the subdivider may submit to the office of the Planning Commission plans and data as specified below. This step does not require formal application, a fee, or filing or plans with the City Clerk. The subdivider may request a meeting with the Planning Commission in order to discuss his or her plans and particular problem.
Pre-application information which may be submitted is as follows:
(1) General subdivision information shall describe or outline the existing conditions of the site and the proposed development. This information may include data on existing covenants, land characteristics and available community facilities and utilities, and information describing the subdivision proposal, such as the number of residential lots, the typical lot width and depth, the price range, business areas, schools, playground and park areas, and other public areas, proposed covenants, and proposed utilities and street improvements.
(2) The sketch plan or topographic survey shall show in simple sketch form the proposed layout of streets, lots and other features in relation to existing conditions. The sketch plan may be a free hand pencil sketch made directly on a print of the topographic survey. The sketch plan shall include the existing topographic data and contours of not less than five-foot intervals.
(c) Procedure for Approval of Preliminary Plat.
(1) The subdivider shall cause to be prepared a preliminary plat, together with improvement plans and other supplementary materials as specified in Section 1224.08(a). Four copies of the preliminary plat and supplementary material specified shall be submitted to the Community Development Director, on forms provided by the Community Development Director, with written application for approval. The preliminary plat shall be submitted to the Community Development Director at least fifteen days prior to the regular meeting of the Planning Commission to receive action thereon at that meeting.
(2) The City Clerk shall refer the preliminary plat to the Planning Commission and shall, at the same time, instruct the Community Development Director to collaborate with the subdivider and the Commission in assembling plans for the design and construction of streets and such other public improvements as are required by this chapter or any other ordinance. The Commission shall, within sixty days from referral, submit its written recommendations for approval or disapproval to the Council.
(3) If such plat is approved by the Commission, Council shall accept or reject said plat within sixty days after its next regularly slated meeting following the action of the Commission, and shall furnish to the subdivider, if the plat is rejected, a written statement setting forth the reasons for disapproval.
(4) The following qualifications shall govern approval of the preliminary plat:
A. The approval of a preliminary plat by the Commission and Council is tentative only, involving merely the general acceptability of the layout as submitted.
B. The Commission and Council may require such changes or revisions as are deemed necessary in the interests of the needs of the community.
C. If the Commission rejects the preliminary plat or if the preliminary plat is not approved by the Community Development Committee it may nevertheless be submitted to Council, but Council may approve said preliminary plat only by the affirmative vote of six Aldermen.
D. Approval of the preliminary plat shall be effective for a maximum period of one year, unless, upon application of the developer, Council grants an extension. The application for said extension shall not require an additional filing fee or the submittal of additional copies of the plat of the subdivision.
(d) Procedure for Approval of Final Plat.
(1) The final plat shall conform substantially to the preliminary plat as approved and, if desired by the subdivider, it may constitute only that portion of the approved preliminary plat which he or she proposes to record and develop at that time, provided, however, that such portion conforms to all requirements of this chapter.
(2) Application for approval of the final plat shall be submitted in writing to the Community Development Director as agent for the Planning Commission at least fifteen days prior to the meeting at which it is to be considered.
(3) Four copies of the final plat required for approval shall be prepared as specified in Section 1224.08, and shall be submitted to the Commission within one year after approval of the preliminary plat; otherwise such approval shall be null and void, unless application for an extension of time is made to and granted by the Commission. Such extension will not require an additional fee for filing of additional copies of the plat.
(4) In all cases where private central sanitary sewer systems are to be used, the developer shall secure the necessary permits for installation and operation of the system from the State Sanitary Water Board and the City.
(5) Within sixty days after application for approval of the final plat, the Commission shall approve or disapprove it. If the Commission approves, it shall affix upon the plat the certifying signatures of its Chairperson and Secretary. If it disapproves, it shall set forth its reasons in its own records and provide the applicant with a new copy.
(6) The approved final plat shall be submitted to Council for approval and for acceptance of all streets, alleys, ways, easements, parks or other areas preserved for, or dedicated to, the public, by resolution. If the Commission rejects the final plat or if the final plat is not approved by the Community Development Committee it may nevertheless be submitted to Council, but Council may approve said plat, and accept the public areas and easements thereon, only by the affirmative vote of six Aldermen.
A. If the final plat is approved, the City Clerk shall attach a certified copy of the resolution of approval to a copy of the plat. If the plat is disapproved, the resolution shall state the reasons for the disapproval, specifying with particularity the aspects in which the plat fails to conform. The resolution shall be filed in the office of the City Clerk.
B. If the plat is approved by the Commission, Council shall accept or reject the final plat within thirty days after its next regularly slated meeting following the action of the Commission.
C. If Council fails to act upon the final plat within the time prescribed, the subdivider may, after giving five days written notice to the City Clerk, file a complaint for summary judgment in the Circuit Court.
(7) Upon approval by Council, the subdivider shall record the plat with the County Recorder within three months. If not recorded within this time, the approval shall be null and void. Immediately after recording, the original tracing or a duly certified reproducible copy, on cloth or other suitable material, shall be filed with the City.
(e) Notice. Owners and subdividers of the land to be platted, when filing a preliminary plat, when filing any supplemental or subsequent documents, and when filing a final plat, shall also file with the Community Development Director a written list containing the names and mailing addresses of all owners of property adjacent to, contiguous to or across any street, river, creek or public way from any part of the land to be platted. The applicant, within five days of the date of the filing of the preliminary plat or final plat, as the case may be, shall give written notice by registered or certified mail, return receipt requested, to all of the owners identified on said list. The Community Development Director, within five days of the filing of the preliminary plat or final plat, as the case may be, shall publish a notice one time in a newspaper of general daily circulation in the County. The owners and subdividers of the land to be platted shall pay the cost of mailing notices and the newspaper publication. Both the newspaper notice and the notice by mail shall give the date of the preliminary plat or final plat, as the case may be, describe the documents filed, state that they can be examined during business hours in the office of the Community Development Director and give the date and place on which the hearing will be held regarding said preliminary plat or final plat, as the case may be. Prior to the hearing before the Commission, the applicant shall file with the Community Development Director a certificate that notice by mail and by publication has been given in accordance with the provisions of this section. All return receipts for registered or certified mail shall be attached to the certificate. The Commission may continue the hearing if it believes that proper notice has not been given. Hearings before the Commission on preliminary plats, final plats and supplemental or subsequent documents shall be held not less than fifteen days nor more than sixty days from the date of the filing with the Community Development Director of the preliminary plat, final plat or supplemental or subsequent documents, as the case may be.
(f) Notice to City Council. Within one business day of the filing of the petition, the Community Development Director shall give notice to the members of the City Council. This notice shall describe the real estate referred to in the petition, give the street address of said real estate, state with particularity the relief desired and the section of these Codified Ordinances involved, or the regulation involved, give the date of the filing of the petition, and give the date, time and place of the hearing to be held on said petition and identify the public body before whom the hearing will be held. This notice may be given either by electronic mail or by United States Postal Service general delivery.
(1977 Code § 67-106; Ord. 80-14. Passed 3-3-80; Ord. 81-14. Passed 3-16-81; Ord. 81-19. Passed 4-20-81; Ord. 94-81. Passed 9-19-94; Ord. 99-38. Passed 8-2-99; Ord. 2006-21. Passed 5-15-06; Ord. 2010-25. Passed 4-19-10.)