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The provisions of these Regulations shall be administered by the Planning Commission. The Commission meetings at which a subdivision application is considered shall be open to the public, and any person attending may present any appropriate matter thereto. The Commission, upon its own motion, or by petition of owners of property on a preliminary plan of a subdivision, shall hold a public hearing thereon at such time and place and upon such notice as the Commission may designate. (Ord. 1961-3. Passed 7-31-61.)
Before planning a subdivision or dividing a parcel of land, the developer of land shall obtain a copy of these Subdivision Regulations, and information showing how the provisions of the Zoning Ordinance, the Thoroughfare Plan and other plans of the City may effect the development of the property under consideration. (Ord. 1961-3. Passed 7-31-61.)
Prior to subdividing or resubdividing land within the jurisdiction of these Subdivision Regulations, the developer shall submit five prints of a sketch plan of the proposed subdivision to the secretary of the Planning Commission not more than seven or less than three workings days prior to a regular meeting of the Commission, and it shall take action at such meeting. The sketch shall be for the purpose of classification and preliminary discussion and it shall include such information and plans as may be required by the rules of the Planning Commission. These provisions shall not be construed to require the preparation of a plan or plat or filing for review the conveyance of property by a description used in conveying the same property prior to October 19, 1953. (Ord. 1961-3. Passed 7-31-61.)
If, after submission of the sketch plan of the proposed subdivision, resubdivision or division of property, the Planning Commission determines that one or more lots, as defined by the Zoning Ordinance, intended to be created by such proposed subdivision, resubdivision or division, do not meet the minimum requirements of the Zoning Ordinance, the Planning Commission shall notify the developer of such fact and thereafter shall take no further action until the developer has secured a variance from the requirements of the Zoning Ordinance from the Board of Building and Zoning Appeals.
If the developer secures a variance from the Board of Building and Zoning Appeals, the Planning Commission may thereupon proceed to consider the application for the subdivision, resubdivision or division of the land in accordance with the procedure hereinafter set forth.
(Ord. 1964-13. Passed 4-27-64.)
If the Planning Commission determines the proposed subdivision of land:
(a) Adjoins an existing public street and does not involve the opening, widening, extension or improvement of any street or the installation of any public utility; and
(b) Creates not more than five lots; and
(c) That the original tract or all adjoining tracts of same ownership have been completely subdivided or would not be adversely affected by the proposed subdivision; and
(d) Complies with the Zoning Ordinance, and other sections of the Code;
then it shall be classified as a minor subdivision. (Ord. 1961-3. Passed 7-31-61.)
If a proposed subdivision, classified as minor, complies with the provisions of these Subdivision Regulations, and the sketch plan is satisfactory, it shall be approved, and a notation to that effect shall be made thereon by the secretary of the Planning Commission.
The Commission shall determine if a metes and bounds description or a final plat shall be required for recording.
If a final plat shall be required, it shall be submitted to the secretary, reviewed, acted upon and recorded in the same procedure as a major subdivision.
(Ord. 1961-3. Passed 7-31-61.)
After approval of the sketch plan, the developer shall submit a deed by metes and bounds or other adequate description, to the secretary of the Planning Commission for review. If found to conform to the sketch plan, the secretary shall so certify on the deed which shall be filed with the County Recorder within 180 days after the return of the approved sketch plan.
(Ord. 1961-3. Passed 7-31-61.)
(a) Application. If the proposed subdivision is not classified as a minor subdivision, a notation to that effect shall be made on the sketch which shall be returned to the developer; and he shall prepare and submit at least seven working days prior to a regular meeting of the Planning Commission, three copies of a preliminary plan of the subdivision, supplementary maps and data and written application for approval.
(b) Other Public Agencies. When the proposed subdivision is located in an area not served by public water supply or sanitary system, the Commission shall transmit one copy of the maps and data accompanying the application to the Board of Health or other agency having jurisdiction, for determination whether methods for disposal of sewage are adequate and will not create a nuisance or pollution of the water supply. When the proposed subdivision is located in adjoining unincorporated area within the three-mile jurisdiction, one copy of the maps and data accompanying the application shall be submitted to the zoning commission of that township or the regional or county planning commission.
(c) Planning Commission Action. The Commission shall, within thirty days after the meeting at which such proposal was first presented, or within such further time as the applicant may agree to, act upon the preliminary plan. If the Commission acts favorably, the secretary shall affix his signature to two copies of the plan with a notation that it has received preliminary approval and return one copy to the developer and the other copy shall be retained. If the Commission acts unfavorably, they shall state in writing the conditions that must be complied with before approval is given.
(d) Subdivision Shall Be in the Public Interest. The preliminary plan of a subdivision shall not be approved unless:
(1) All the provisions of the Zoning Ordinance, these Subdivision Regulations and other codes of the City are complied with; and
(2) There is a need for additional subdivision of land; and
(3) The land is suitable for the various purposes intended; and
(4) The subdivision can be adequately and economically served with public facilities and services suitable in the circumstances; and
(5) All land intended for building sites can be used safely and without endangering the health of the residents by peril from floods, erosion, continuously high water table or other menace.
(e) Effect of Approval of Preliminary Plan. Preliminary approval shall confer upon the developer the following rights for a two-year period from the date of approval:
(1) That the general layout, the arrangement of streets, lots and other planned features are approved and the plan is to serve as a guide for the preparation of the subsequent final plat of the subdivision.
(2) That the general terms and conditions under which the preliminary approval was granted will not be changed.
(3) That such developer may submit, on or before the expiration date, the whole or part or parts of such subdivision for final approval and recording. (Ord. 1961-3. Passed 7-31-61.)
The final plat of the subdivision shall be a comprehensive plan of the development. It shall incorporate all modifications required by the Planning Commission and otherwise conform to the preliminary plan as approved. The developer may submit only that portion of an approved preliminary plan which he proposed to develop and record at the time; provided, however, that such portion conforms to all provisions of these Subdivision Regulations.
(Ord. 1961-3. Passed 7-31-61.)
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