(A) The owner or proprietor of any tract of land who desires to subdivide land (i.e., to create a “subdivision”) within the corporate boundaries of the city or within one and one-half miles of the corporate boundaries of the city shall submit a plat of such subdivision to the Code Enforcement Officer. No person shall subdivide land without making and recording a plat and complying fully with this chapter. No person shall sell or transfer ownership of any lot or parcel of land by reference to a plat of a subdivision before such plat has been duly recorded with the Register of Deeds, unless such subdivision was created prior to the adoption of this chapter. No development approval or certificate of occupancy shall be issued for any plat, map or plan that was created prior to subdivision approval under the UDC, or for any parcel or plat of land that was created by subdivision after the effective date of the UDC, and no excavation of land or construction of any public or private improvements shall be commenced, except in conformity with the requirements of the UDC.
(B) A final subdivision plat shall be approved by the Code Enforcement Officer before the subdivision of a parcel may be recorded. No land may be subdivided through the use of any legal description other than with reference to a plat approved by the Code Enforcement Officer in accordance with these regulations.
(C) The Code Enforcement Officer may review and approve, conditionally approve or disapprove the sale, lease or development of lands subdivided prior to or following the effective date of these regulations where:
(1) The applicant proposes to combine or to recombine previously subdivided and recorded lots, and the total number of lots will increase or does not meet the standards of the UDC; or
(2) The original subdivider or their successor failed to complete subdivision improvement requirements pursuant to a subdivision improvement agreement entered into when the plat for the subdivided land was approved, and the plat contains contiguous lots in common ownership where one or more of the contiguous lots are undeveloped. This subsection applies whether the lots are owned by the original subdivider or an immediate or remote grantee from the original subdivider. This subsection (C)(2) does not apply if the city has obtained possession of sufficient funds from security provided by the subdivider with which to complete construction of improvements in the subdivision.
(Ord. 3020, passed 9-10-2013, § 4.30.1)