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(A) The applicant is encouraged to schedule an appointment and meet with the city staff to discuss the procedures for approval of a proposed plat and the requirements for a general layout of streets and/or reservations of land, street improvements, drainage, sewerage, fire protection and similar matters, as well as the general availability of existing services.
(B) A request for a pre-application conference shall be accompanied by a written statement that any proposed development concept discussed at the pre-application conference or submittal in accordance with § 158.05 below herein is not intended as a plan of development or application for plat approval.
(C) No other applications or plans for development will be presented, reviewed or accepted at the pre-application conference. A pre-application conference is optional and shall not be required as a standard of approval of the development application.
(2005 Code, § 13-1-4) (Ord. passed 4-21-2005; Ord. 050818, passed - -)
(A) It may be determined at the pre-application conference that an area development concept plan will be required prior to consideration of a preliminary plat. An area development concept plan may be required if the development of the subject area will affect the development pattern of adjacent land or if the subject area will be platted in stages. The approved area development concept plan shall be used as a guide in approving future subdivisions in the defined area.
(B) The area development concept plan, when required, shall be submitted along with a completed application/check list form. Eight copies of the plan drawn at scale of not less than 400 feet to the inch will be required. If more detailed contour information is not available, the USGS map contours may be used for concept planning purposes in most cases. The area development concept plan shall include all land determined to be affected by the development pattern of the subject area. The area development concept plan shall contain or have attached thereto:
(1) Names and addresses of the subdividers, record owner, land planer, engineer and/or surveyor;
(2) Proposed name of the subdivision;
(3) Location in relation to rest of the city and boundaries of proposed subdivision;
(4) A schematic layout of the entire tract and its relationship to adjacent property and existing adjoining development;
(5) Proposed major categories of land use showing existing and proposed zoning;
(6) Proposed number of dwelling units and population densities;
(7) Proposed and existing arterials and collector streets to serve general area;
(8) Location of sites for parks, schools and other public uses as shown in the comprehensive plan; and
(9) Significant natural drainage features including drainage courses and wooded areas, as delineated on USGS topographic maps or any other topographic maps showing equivalent information.
(2005 Code, § 13-1-5) (Ord. passed 4-21-2005)
(A) An application in writing for tentative approval of a preliminary plat shall be submitted to the Planning Director as set forth in § 158.03(D).
(B) The preliminary plat shall be submitted on standard 24-inch by 36-inch paper at a scale of one inch equals 100 feet by the subdivider or his or her agent prior to the sale, offering for sale of any lots, tract or building site and prior to completion of final surveys of streets or lots prior to the grading or construction work on any streets and before any map of the subdivision is prepared in form for recording.
(C) Every application for plat approval shall be subject to a determination of completeness by the city staff.
(D) No application shall be accepted for filing or processing unless the request is accompanied by the following in accordance with the manual of standard design, manual of water distribution, and manual of street and drainage.
(1) Location map.
(a) A vicinity sketch or key map at scale of not more than 400 feet to the inch for all subdivisions exceeding five acres in size or containing ten or more lots.
(b) The sketch or map shall show existing subdivision, streets, property lines and recorded names of the owners of the adjoining parcels.
(c) It shall also show how the streets and alleys of the proposed subdivisions or undeveloped property and the relationship of the development to existing or proposed major and secondary thoroughfares.
(2) Names of owner and the like. The preliminary plat shall show the name or names of the owner and/or subdivider and the name of the engineer, land planner or surveyor responsible for the preparation of the plat.
(3) Identification. The proposed name of the subdivision (which must not be so similar to that of an existing subdivision as to cause confusion) and names of adjacent subdivisions and landowners shall be shown on the plat.
(4) Boundary lines and the like.
(a) Location of boundary lines and width and location of platted streets and alleys within, or adjacent to, the property; physical features of the property, including location of any existing utilities with the size of sewer and water mains.
(b) The outlines of wooded areas or the location of important individual trees is required. For all plats, the boundaries and acreage of the protected floodplain must be shown.
(c) Additionally, contours must be shown at intervals of two feet. All elevations shown shall be referred to sea-level datum. The acreage of the property is to be indicated.
(5) Location and width of proposed streets and other features.
(a) The location and width of the proposed streets, roads, lots, alleys, easements, widening of existing thoroughfares, and other features, and their location in relation to platted streets, alleys and easements in adjacent subdivisions shall be shown.
(b) The street layout shall be in conformity with a plan for the most advantageous development of the entire neighborhood areas.
(c) Whenever the proposed subdivision contains or is adjacent, or parallel to a railroad right-of-way or a major thoroughfare or freeway or expressway standards, provision shall be made for a street approximately parallel to and on each side of the right-of-way to provide reasonable use of the intervening land.
(d) Proposed streets shall be adjusted to the contour of the land so as to produce useable lots and streets of reasonable gradient.
(6) Plat contents. The horizontal scale of the preliminary plat shall not be less than 100 feet to the inch and the plat shall also show:
(a) North point, scale and date;
(b) The boundary line, accurate in scale, of the tract to be submitted;
(c) The names of all proposed streets;
(d) The layout, number and approximate dimension of all proposed lots or building tracts and the square feet of each;
(e) All parcels of land intended to be dedicated to public use or reserved for the common use of owners of lots or sites in the subdivision, and the acreage; and
(f) Any and all arrangement of lots, building lines or streets proposed.
(7) Profiles and cross sections. Profiles and cross sections may be required sufficient to ascertain that the preliminary plat proposals will function in accordance with the standard of the city.
(8) Zoning information.
(a) A designation shall be shown of the proposed uses of land within the subdivision; that is, the classified type of residential use by zoning ordinance, location of retail classification of industrial sites by zoning ordinance classification, and sites for churches, schools, parks or other special uses, and their acreage.
(b) A master plan may be required to show the proposed development and densities.
(9) Certificates. The following certificates shall be placed on the preliminary plat.
(a) Reviewed for preliminary approval.
Planning and Zoning Commission Chairperson Date
(b) Approved for preparation of final plat.
Mayor, City of Heath Date
(10) Subdivider’s statement. A preliminary plat application shall be accompanied by a written statement, signed by the subdivider stating that the developer will comply with all the city requirements in the proposed subdivision and all the proposals shall conform to or exceed the standards for the improvements prescribed by the city. The statement shall also acknowledge that a final plat must be filed within one year of preliminary plat approval, unless extension is granted by the Planning and Zoning Commission.
(11) Application processed. The processing of an application by any city official or employee prior to the time the application is determined to be complete shall not be binding on the city as the official acceptance of the application for filing, and the incompleteness of the application shall be grounds for denial or revocation of the application. A determination of completeness shall not constitute a determination of compliance with the substantive requirements of these subdivision regulations.
(12) Submission. Following submission of a plan of development or plat application, the director shall make a determination in writing whether the plan or application constitutes a complete application for a master plat, preliminary plat or final plat not later than the tenth business day after the date the application is submitted. The determination shall specify the documents or other information needed to complete the application and shall state the date the application will expire if the documents or other information is not provided.
(13) Filing. An application for approval of a master or a preliminary plat that is filed on or after April 27, 2005, or any subsequent preliminary or final plat application filed after approval of such master plat or preliminary plat, shall be deemed complete on the eleventh business day after the application has been received, if the applicant has not otherwise been notified that the application is incomplete.
(14) Completion. If an application for plat approval is not completed on or before the forty-fifth day after the application is submitted to the director for processing the application in accordance with his or her written notification, the application will be deemed to have expired, and it will be returned to the applicant together with any accompanying documents. Thereafter, a new application for approval of the master plat, preliminary plat or final plat must be submitted. The city may retain any fee paid for reviewing the application for completeness.
(15) Time period. The time period established by state law or subdivision regulations for processing or deciding an application shall commence on the date that a complete application has been accepted for filing, which date shall be deemed the official filing date.
(16) Decision.
(a) All plat applications shall be decided within 30 days from the official filing date.
(b) An applicant may request in writing a waiver of the decision time.
(c) The waiver request shall contain a statement of the reasons for the waiver and the time for which a waiver is sought.
(d) No waiver shall be granted for a period less than the Planning and Zoning Commission’s next regularly scheduled meeting.
(e) Waiver requests which have not been received by the director on or before the Friday prior to the Planning and Zoning Commission meeting at which action is to be taken on the plat application shall be deemed denied and action shall be taken on the plat application at the meeting as scheduled.
(17) Subject to interlocal agreement. Where the land to be platted lies within the extraterritorial jurisdiction of the city and is subject to an interlocal agreement under Tex. Local Gov’t. Code, Ch. 242, no plat application shall be accepted as complete for filing by the city staff unless the application is accompanied by verification that a copy has been delivered to the county, in which the land subject to the application is located. In the absence of a waiver request, if the city has not received a decision form the county on matters which are to be determined by the county under the interlocal agreement, the application for plat approval shall be denied.
(18) Land inside city limits.
(a) For land inside city limits, no plat application shall be determined to be complete where the intended use or intensity of use of the land is not authorized in the zoning district in which the property is located, unless the application is accompanied by a copy of the zoning ordinance or other certification verifying that the proposed use for which the application is submitted is authorized by the zoning district in which the property is located.
(b) If a request to change the zoning for the land to be platted to allow the development proposed in the plat is pending, the zoning application shall be decided before a determination is made whether the plat application is complete.
(c) If the zoning application is denied, the plat application shall be deemed incomplete. For newly annexed land, no plat application will be accepted for any use or intensity of use not authorized in the Agricultural Zoning District until the property has been permanently classified on the zoning district map.
(19) For purposes of determining a vested rights petition pursuant to § 158.23 below, no vested rights accrue solely from the filing of an application that has expired pursuant to this section, or from the filing of a complete application that is subsequently denied.
(2005 Code, § 13-1-6) (Ord. 040701D, passed - -; Ord. 041021E, passed 10-21-2004; Ord. passed 4-21-2005; Ord. 050818, passed - -2005; Ord. 230110C, passed 1-10-2023)
(A) After the preliminary plat has been tentatively approved, a final plat, in the form of a record plat, shall be prepared in accordance with the conditions of approval and submitted to the Planning Director for review and transmission to the City Planning and Zoning Commission. An application for approval of a final plat shall be submitted to the Planning Director as set forth in § 158.03(D). A letter shall be required from any private water supply company prior to final plat approval stating that they have reviewed the water plans and that sufficient volume and pressure for domestic use and fire protection will be provided. Eight prints of the plat and one mylar shall be filed in the office of the City Secretary at least 14 days prior to the meeting at which time final approval is asked. The mylar plat shall be submitted on a scale of 100 feet to one inch and one reduced print shall be of a size which will fit on an 18-inch by 24-inch sheet for filing with the county. The final plat shall show, or be accompanied by the following information:
(1) The names of the owner and/or subdivider and of the licensed state and land surveyor responsible for the plat;
(2) The name of the subdivision and adjacent subdivisions, the name of streets (to conform whenever possible to existing street names) and numbers of lots and blocks in accordance with alphabetical block arrangement and numerical lot arrangement. In case of branching streets, the lines of departure shall be indicated. (See general requirements);
(3) An accurate boundary survey and description of the property, with bearings and distances referenced to survey lines and established subdivisions, and showing the lines of adjacent lands and the lines of adjacent streets and alleys, with their width and names. Street, alley and lot lines in adjacent subdivisions shall be shown in dashed lines. North point, scale and date shall be shown;
(4) Locations of proposed lots, streets, public highways, alleys, parks and other features, with accurate dimensions in feet and decimal fractions of feet, with the length of radii and of arcs of all curves, all angles, and with all other engineering information necessary to reproduce the plat on the ground. Dimensions shall be shown from all angle points. For all plats, the boundaries and acreage of the protected floodplain must be shown. All elevations shown shall be referred to sea level datum. All lots or building sites shall conform to the standards prescribed by the zoning ordinance for the district or districts in which the subdivision is located. All streets, alleys, drainage and public utilities shall conform to the specifications of the city;
(5) The locations of building lines on front and side streets and the location of utility easements;
(6) An instrument of dedication, signed and acknowledged by the owner or owners and by all other parties who have a mortgage or lien interest in the property, showing all restrictions, reservations and/or easements, if any, to be imposed and reserved in connection with the addition. The restrictions shall contain the following provisions, along with any other restrictions which may be imposed: No house, dwelling or unit or other structure shall be constructed on any lot in this addition by the owner or any other person until:
(a) Such time as the developer and/or owner has complied with all requirements of the Platting Ordinance of the City of Heath regarding improvements with respect to the entire block on the street and/or streets on which the property abuts (a corner lot shall be regarded as abutting on both intersecting streets adjacent to the lot), including the actual installation of streets, water, sewer, drainage structures, and storm sewers and alleys, all according to the specifications of the City of Heath;
(b) Until an escrow deposit, sufficient to pay for the cost of such improvements, as determined by the City Engineer and/or other designated person, computed on a private commercial rate basis, has been made with the City Secretary, accompanied by an agreement signed by the developer and/or owner, authorizing the city to make such improvements at prevailing private commercial rates, or have the same made by a contractor and pay for the same out of the escrow deposit, should the developer and/or owner fail or refuse to install the required improvements within the time stated in such written agreement, but in no case shall the city be obligated to make such improvements itself. The deposit may be used by the owner and/or developer as progress payments as the work progresses in making such improvements by making certified requisitions to the City Secretary, supported by evidence of work done; or
(c) Until the developer and/or owner files a corporate surety bond with the City Secretary in a sum equal to the cost of the improvements for the designated area, guaranteeing the installation thereof within the time stated in the bond, which time shall be fixed by the City Council.
(7) These restrictions with respect to required improvements, are made to insure the installation of the required improvements and to give notice to each owner and to each prospective owner of lots in the subdivision until the required improvements are actually made or provided for on the entire block on the street and/or streets on which the property abuts as described herein and in compliance with the city specifications;
(8) A certificate of dedication of all streets, public highways, alleys, parks and other land intended for public use, signed by the owner or owners and by all other parties who have mortgage or lien interest in the property and acknowledged before a notary public. All deed restrictions that are to be filed with the plat shall be shown or filed separately;
(9) A waiver of claim for damages against the city occasioned by the establishment of grades or the alteration of the surface of any portion of existing streets and alleys to conform to the grades established in the subdivision;
(10) Certification by a licensed state land surveyor, duly licensed by the state, to the effect that the plan represents a survey made by him or her, and that all necessary survey monuments are correctly shown thereon;
(11) (a) The following certificates shall be placed on the plat after it has been finally approved by the City Council:
I hereby certify that the above and foregoing Plat of ___________ Addition to the City of Heath, Texas, was approved by the Mayor of the City of Heath on the _____ day of _________________, ______.
(b) This approval shall be invalid unless the approved plat for the addition is recorded in the office of the County Clerk of Rockwall County, Texas, within 365 days from the date of final approval. An extension may be granted by the Planning and Zoning Commission.
(c) The addition shall be subject to all the requirements of the platting ordinance of the City of Heath.
Witness my hand this the ____ day of ____________, _____.
______________________________
City Secretary
City of Heath, Texas
(12) The following certificates shall be placed on the plat, in a manner that will allow the filing-in of the certificates by the proper party.
(a) Recommended for final approval:
_____________________________ ________
Chairperson Date
Planning and Zoning Commission
(b) Approved:
_____________________________ ________
Mayor Date
City of Heath, Texas
(13) Final plats shall be accompanied by plan-profile sheets, 24 inches by 36 inches, and platted to a scale of 40 feet to one inch horizontal and five or six feet to one inch vertical, for each proposed street in the subdivision. These plan-profiles shall show the existing ground and the proposed grade at four points of cross section; that is, the back-of-curb lines, and the property lines. The plan portion shall show the size and location of all drainage of flow of all storm water. Plans shall show all public utilities needed to service the subdivision and should accompany the final plat and be approved by the City Engineer and be in compliance with the city standards;
(14) Typical cross sections shall be shown of the type and width of paving proposed for the streets. Curbs and gutters, pavement types and drainage structure design standards of the city, in effect at the time of submission of the plat, shall be used, subject to the approval of the City Engineer and/or Planning and Zoning Commission; and
(15) Subdivider’s certificate. The plat shall be accompanied by the following certificate:
“NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS:
THAT does hereby adopt this plat designating the hereinabove described property as Rockwall County, Texas, an addition to the City of Heath, Texas, and hereby dedicates to the public use forever the streets shown thereon, and hereby reserves the easement strips shown on this plat for the purposes stated and for the mutual accommodation and use of all utilities desiring or using same. The City of Heath and public utilities shall, at all times, have the full right of ingress and egress to or from their respective easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, reading meters, and adding to or removing all or parts of their respective systems without the necessity of procuring permission from anyone. The City of Heath or Rockwall County will not be responsible for any claims of any nature resulting from or occasioned by the establishment of grades on streets in this subdivision.
Witness my hand this _________ day of ____________ 2_________,
(Subdivider)”
(B) After approval of the plat, a copy of the original shall be furnished to the city, complete with all necessary signatures. All figures and letters shown must be plain, distinct and of sufficient size to be easily read, and must be of sufficient density to make a lasting and permanent record.
(C) When more than one sheet is used for a plat, a key map showing the entire subdivision at smaller scale with block numbers and street names, shall be shown on one of the sheets or on a separate sheet of the same size.
(D) After the final plat has been approved by the Planning and Zoning Commission, the plat shall be submitted to the City Council for approval.
(E) (1) The engineer or surveyor responsible for the plat shall place permanent monuments at each corner of the boundary survey of the subdivision and at the center line intersection point of all streets. These monuments shall be a concrete post, six inches in diameter and two feet long, or other such type of monuments as shall be approved by the City Engineer and/or City Manager. The precise point of intersection is to be indented on the top of the monument. Block corners shall be in reference to these monuments and the bearing and distances of the reference lines filed in written form with the City Engineer and/or City Manager. Top of monuments shall be set to pavement grade in permanent type pavement, two inches below grade in nonpermanent type pavements and flush with existing ground level in non-pavement areas. Locations of monuments shall be shown on the final plat.
(2) The accurate location, material and size of all monuments shall be approved by the City Engineer. For all subdivision or developments, global positioning systems (GPS) shall be used to establish the location of a minimum of two corners of the subdivision. The establishing of the location of one additional monument by GPS may be required for each additional 20 acres or fraction thereof for developments that are larger than 20 acres. These monuments shall be tied vertically and horizontally to the city’s existing GPS coordinate system. All GPS coordinates shall be determined such that the maximum error does not exceed 0.05 feet. Elevations and the location of all other subdivision corner monuments shall be established to at least third order accuracy.
(3) GPS monuments shall be constructed of a four-inch diameter reinforced concrete monument at least six feet deep set flush with the ground. A brass or aluminum disc shall be set in the top of the monument and shall have the monument number, elevation and registration number of the surveyor stamped in the disc. The surveyor shall determine the Texas State Plan Coordinates and elevation of the monument and file a survey report with the city showing this information.
(F) An owner and/or developer can with justifiable reason obtain approval of a section of an addition for which tentative or conditional approval was obtained on a preliminary plat provided he or she meets all the requirements of this chapter with reference to the section in the same manner as is required for a complete addition. In the event a subdivision and the final plat thereof is approved by the City Council in sections, each final plat of each section is to carry the name of the entire subdivision, but is to be distinguished from each other section by a distinguishing subtitle. Block number shall run consecutively throughout the entire subdivision, even though the subdivision may be finally approved in sections. All costs which the city may incur because of this development may be recovered by the city from the developer with the approval of the City Council.
(G) The owner shall record the approved final plat within 365 days of the date of approval by the City Council. If the property owner fails to record the approved final plat within the period as contained in division (A)(13) above, approval of the final plat shall lapse, as well as any preliminary plat or master plat for the same land. Thereafter, the subdivider or property owner shall be required to submit a new master plat or preliminary plat application, as required by this chapter, subject to all zoning and subdivision standards then in effect, for the land subject to the expired final plat.
(1) Thirty days prior to the lapse of approval for a final plat, the property owner may petition the City Council to extend or reinstate the approval. The petition shall be considered at a public meeting of the Council.
(2) In determining whether to grant such request, the Council shall take into account the reasons for lapse, the ability of the property owner to comply with any conditions attached to the original approval, the extent to which the property owner agrees to abide by newly adopted subdivision regulations, and any changed conditions in the surrounding area which would make an extension undesirable. The Council shall extend its approval of the plat, or deny the request.
(3) The Council shall not extend the period that a final plat approval is valid to more than one year from the date of its original approval by the Council.
(4) At any time following the lapse of approval of a final plat, a property may request, and the Council may approve, at its discretion, a reinstatement of the final plat. The Council shall reinstate a final plat only when it determines that it would be in the public interest do to so to avoid unnecessary review of a new plat application, and when the pattern of development proposed by the plat would not be the detriment of any nearby area or the general development of the city.
(H) A final plat approved after May 11, 2000 and prior to the effective date of this section, that has not been recorded by the effective date of this section, and to which any other expiration provision does not apply, shall expire the later of two years from the date the plat was approved by the Planning and Zoning Commission or at 5:00 p.m. on September 1, 2005, unless the property owner can demonstrate that:
(1) Costs for development of the land subject to the final plat, including but not limited to the costs associated with roadway, utility and other infrastructure facilities designed to serve the land in whole or in part, but exclusive of land acquisition costs, were incurred in the aggregate amount of 5% of the most recent appraised market value of the land subject to the final plat;
(2) Fiscal security was posted after approval of the final plat to ensure performance of an obligation required for all or a part of the land subject to the approved final plat; or utility connection fees or impact fees for all or part of the land subject to the approved final plat were paid;
(3) Expiration of a final plat pursuant to this section results in automatic termination of any approved master plat or preliminary plat for the same land; and
(4) The City Council may grant an extension of the time for expiration of the approved final plat for a period not to exceed one year from the date of approval of the application, provided that a request for extension is made in writing at least 30 days before the final plat expires. Every request for extension shall include a statement of the reasons why the expiration date should be extended. The Council may grant a request for an extension taking into account the reasons for the requested extension, the ability of the applicant to comply with any conditions attached to approval of the final plat, whether extension is likely to result in timely completion of the project, and the extent to which any newly adopted regulations should be applied to the proposed subdivision.
(I) Notwithstanding the printed requirements of for submission of plats, all documents shall be submitted in an electronic version as follows:
(1) Electronic formats for maps and plats shall be one of the following:
(a) AutoCAD drawing files; DWG format;
(b) AutoCAD data exchange; DXF format;
(c) Bitmapped; BMP format at a resolution of not less than 600 dpi;
(d) JPEG; at a resolution of not less than 600 dpi;
(e) Encapsulated PostScript; EPS format; or
(f) TIFF; a resolution of not less than 600 dpi.
(2) Electronic formats for text and photographic documents shall be one of the following:
(a) Microsoft Word;
(b) Microsoft PowerPoint; or
(c) Electronic formats listed above except AutoCAD.
(3) Electronic copies may be submitted on a CD.
(2005 Code, § 13-1-7) (Ord. 040701D, passed - -; Ord. 041021E, passed 10-21-2004; Ord. passed 4-21-2005; Ord. 050818, passed - -2005; Ord. 230110C, passed 1-10-2023)
(A) Amended plats shall be submitted to the Planning Director as set forth in § 158.03(D). Pursuant to Tex. Local Gov’t. Code § 212.0065, the City Engineer or designee is delegated the authority to review and approve amended plats as described in Tex. Local Gov’t Code. § 212.016(a)(1) - (9).
(B) (1) Any amending of any existing subdivision or any part thereof shall meet the requirements provided for herein for a new subdivision, with the exception of certificates.
(2) The following certificates shall be placed on the amending plat, in a manner that will allow the filling-in of the certificates by the proper party.
(a) Approved:
City Engineer or designee Date
City of Heath, Texas
(b) I hereby certify that the above and foregoing Amending Plat of ______________ Addition to the City of Heath, Texas, was approved by the City Engineer or designee of the City of Heath on the ________ day of __________, _____.
(c) This approval shall be invalid unless the approved Amending Plat for the Addition is recorded in the office of the County Clerk of ____________________, Texas, within 365 days from the date of final approval. An extension may be granted by the City Engineer or designee.
(d) The Amending Plat shall be subject to all the requirements of the Subdivision Ordinance of the City of Heath.
Witness my hand this the ____ day of ______________, _______.
__________________________
City Secretary
City of Heath, Texas
(Ord. 090901A, passed 9-1-2009; Ord. 130924C, passed 9-24-2013; Ord. 230110C, passed 1-10-2023)
(A) Any subdivision or replat thereof which may be determined to fall within the following criteria may be termed a short form subdivision and may be approved following the abbreviated procedures set forth herein to include review and approval by administrative staff. Short form plats shall be submitted to the Planning Director as set forth in § 158.03(D).
(1) The land in question shall be bounded by legally dedicated streets, railroads and alleys or by legally subdivided land and shall not exceed five acres.
(2) The subdivision or use of the land subdivided shall not necessitate any appreciable alteration of utility installations, streets, alleys or building setback lines.
(3) The tracts so subdivided shall conform in size and shape to the lots in the vicinity.
(B) All design, engineering, improvements and drawing information standards provided in these regulations applicable to all subdivisions shall be applicable to the short form subdivisions.
(C) The short form subdivision shall be submitted for approval in accordance with the procedure established for a final plat approval.
(2005 Code, § 13-1-8) (Ord. passed 4-21-2005; Ord. 230110C, passed 1-10-2023)
(A) Water and sewer and other utilities.
(1) The owner and/or developer of the subdivision or addition shall complete a written agreement with the city, covering the installation of necessary water and sewer facilities to properly serve the immediate development proposed in accordance with the existing water and sewer extension ordinance.
(2) No water and/or sewer connection shall be made by the city or other entity until the requirements as to the installation of water and sewer mains have been complied with in the block facing the street on which the property is situated and accepted by the city.
(3) As built plans will be required at the end of the job showing the actual location of all improvements. All power and telephone service shall be underground. No overhead service will be allowed without special permission being given by the City Council.
(B) Approach water main.
(1) In a proposed subdivision where city water is not available but is accessible, the subdivider shall provide at his or her expense an approach water main of size sufficient to serve his or her subdivision or of a size shown in the water distribution plan, whichever is larger.
(2) The plans, specifications and all constructions shall be subject to the approval of the city’s engineer, and the entire distribution system shall be adequate for service when the city water supply is available.
(C) Approach sewer line.
(1) In a proposed subdivision where public sanitary sewers are not available but are accessible, the subdivider shall provide at his or her expense an approach sewer line of sufficient size to serve his or her subdivision including any necessary lift stations, or of the size shown in the sewer collection plan or required by the city engineer for future expansion, whichever is larger.
(2) If public sanitary sewers are not accessible, the subdivider may be required to install the complete sanitary sewer system to conform with future plans for connection with the public sanitary sewer in which case he or she shall install the necessary sewage treatment facilities for use until such time when the connection is made in the city sanitary sewer system.
(3) Where the installation of sanitary sewers is not required the size of the subdivided lots shall be a minimum of one acre in size for individual disposal facilities, including the necessary lateral lines and builder shall install individual disposal devices for each lot at the same time improvements are erected thereon.
(4) Any such individual sewage disposal system shall be constructed in accordance with the state health department specifications and subject to the approval of the City Engineer and the City Council.
(D) Guarantee for construction or maintenance of streets. Approval of the plat shall not impose any duty upon the city concerning the maintenance of improvements of any such dedicated parts until the proper authorities of the city shall have made acceptance by letter and maintenance bond provided to the city for one year with an option of two years if the city feels the need to protect the city from undue hardship.
(E) Replatting. Any replatting of any existing subdivision or any part thereof shall meet the requirements provided for herein for a new subdivision.
(F) Reserve strips controlling access to public ways or adjoining properties not permitted. No subdivision or addition showing reserve strips of land controlling the access to public ways or adjoining properties will be approved.
(G) Owner’s duty to provide pro rata portion of boundary streets. Where plats are presented for approval which adjoin unplatted property, the owner or developer of the proposed subdivision shall provide his or her pro rata part of the boundary streets.
(H) Recording required. The final approval of a final plat of a subdivision shall be invalid unless the approved plat of the subdivision is recorded in the office of the County Clerk within 120 days after the date of its final approval by the Planning and Zoning Commission.
(I) Building permits; utility connections. No building permit nor any water, sewer, plumbing or electrical connections shall be issued by the city to the owner or any other person with respect to any property in any subdivision covered by this chapter until:
(1) Such time as the developer and/or owner has complied with the requirements of this chapter and the final plat regarding improvements with respect to the block facing the street and/or streets on which the property abuts, including the installation of streets with proper base and paving, curb and gutter, alleys, water and sewer services and drain facilities where necessary, all according to the specifications of the city; or
(2) Until the developer and/or owner files a corporate surety bond with the city in a sum equal to the cost of the improvements for the designated area guaranteeing the installation thereof within the time stated in the bond, which time shall be fixed by the city.
(J) Lot markers. Lot markers shall be one-half-inch reinforcing bar, 18 inches long, or approved equal, and shall be placed at all corners flush with the ground, or countersunk if necessary to avoid being disturbed.
(2005 Code, § 13-1-9) (Ord. passed 4-21-2005)
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