A. Application: Any person seeking to subdivide land within the city shall make application to the city clerk on forms provided by the city and pay all applicable fees at the time of the application. The applicant shall be responsible for providing names and addresses of property owners who must receive notice pursuant to this title.
B. Minor Subdivisions: Proposals for minor subdivisions shall be heard by the city council by way of an established comment period of at least fifteen (15) days following confirmation of delivery, via return receipt mailing, of notice to adjacent property owners. The proposed plat or record of survey must be provided at least five (5) days prior to the notice period. No formal public hearing shall be required in such matters unless ordered by the city council. A record of survey prepared by a licensed surveyor or engineer may be utilized in circumstances where one lot or parcel is divided into two (2) parcels by a straight boundary line.
C. Major Subdivisions:
1. Proposals for major subdivisions shall be approved only after public hearing before the planning and zoning commission. The planning and zoning commission shall schedule a public hearing on an application for a major subdivision within sixty (60) days of the date of the application. Notice of the hearing shall be published and provided to all property owners within three hundred feet (300') of the proposed subdivision no later than fifteen (15) days in advance of the hearing. The proposed plat must be filed with the city clerk no later than fifteen (15) days prior to the public hearing. The planning and zoning commission shall make a recommendation to the city council to approve or deny a major subdivision application after the public hearing is held. For subdivisions of eight (8) or fewer lots, the city council need not hold a public hearing. For subdivisions of nine (9) or more lots, the city council shall conduct a public hearing utilizing the same notice procedures a set forth above.
2. The city council may require major subdivisions to go through a two (2) step procedure, first considering a preliminary plat and later considering a final plat. Under such procedure, the planning and zoning commission will not review the final plat nor will a public hearing be required when the final plat is considered.
D. Action Taken: Final approval will not be granted until the city council has approved all final plans for a subdivision. Upon receipt of a recommendation from the planning and zoning commission, the application shall be put on the agenda for the next city council meeting. The city council may approve the subdivision request, deny such request or approve the request with conditions. The developer shall mitigate any negative impacts the development may have on adjacent property or community services. If necessary, off site improvements may be required to mitigate such impacts. The city shall require bonding for public improvements not constructed and accepted prior to sale of lots.
E. Changes After Final Approval: After approval of the plans for a subdivision, any significant changes must be submitted to the planning and zoning commission and the city council for reapproval.
F. Conditional Approval: Final approval of the preliminary plat or final plat by the city council may be conditional, subject to applicable law and zoning regulations, to ensure that the subdivision is compatible with adjacent developments, adequate access is provided and services are provided. For major subdivisions, a subdivision development agreement will provide, in writing, for commitments made by the developer as well as by the city. (Ord. 381, 8-29-2002)
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