(a) Application. A preliminary plan and location map complying with the requirements set forth in Section 1155.03 shall be prepared for each proposed major subdivision and submitted with an application for approval to the Director prior to the deadline established by the Commission by rule. The purposes of the preliminary plan are to determine the best design for the subdivision, its relationship to adjoining subdivisions or other uses and its compliance with the provisions of these Subdivision Regulations and the Code.
(b) Preliminary Approval.
(1) The Director shall forward the preliminary plan to the Engineer, Commissioner, and Chiefs of Police and Fire for review; the comments and recommendations of said department’s personnel shall be submitted to the Commission with the application.
(2) The Commission shall notify by regular mail the applicant and all property owners within 500 feet of the proposed subdivision of the date and place of the meeting required by Section 1171.03(i).
(3) The Commission shall, by record vote, approve or disapprove the preliminary plan as submitted or as modified to meet recommendations.
A. If the preliminary plan is approved, the applicant may proceed with improvement plans and the plat.
B. If the preliminary plan is disapproved, the action shall be final unless the applicant appeals the decision to City Council within ten (10) days.
C. The Commission may disapprove the plan where it finds that the proposed use is not consistent with the
Vision; findings supporting such disapproval shall be stated on the record and forwarded to the applicant within fourteen (14) calendar days.
(c) Approval.
(1) Improvement plans, a grading plan and the plat shall be submitted to the Director, Commissioner, and Engineer and shall be in conformance with the approved preliminary plan.
(2) Where the Engineer approves the improvement plan and plat, and the Director and Commissioner find that the improvement plan complies with all other applicable sections of the
Code and Ordinances, the improvement plan and plat shall be submitted to the Commission for review.
(3) Upon approval by the Commission, evidenced by the signature of the Chairman and Secretary on the original plat, the improvement plan and plat shall be forwarded to Council along with the Commission’s recommendation for approval. The Commission may disapprove the plan where it finds that the proposed use is not consistent with the
Vision; findings supporting such disapproval shall be stated on the record and forwarded to the applicant within fourteen (14) calendar days.
(4) Council shall approve or disapprove the plans and/or plat, either separately or concurrently, within forty-five (45) days.
(5) When the improvement plans are approved:
A. The plat shall be recorded;
B. Applicable building permits may be issued;
C. Construction shall begin within sixty (60) days of issuance of the permits referred to in subparagraph (c)(5)B. herein; and
D. Lots may be sold, leased or transferred.
(d) Street Acceptance. Where streets are to be dedicated to public use, upon approval of all improvements by the Engineer, the developer shall file an abstract, certificate of title, guarantee of title or title insurance in the amount of at least $1,000.00 with the Law Director showing the title to the street(s) in the subdivision to be good in the City for street purposes and to be free and clear of all encumbrances whatsoever. The plat shall then be presented to Council for acceptance and confirmation of the dedication of such street(s).
(e) Recording. The plat shall be filed and recorded in the offices of the County Auditor and County Recorder by an authorized representative of the City within thirty (30) days after final approval.
(f) Fees. A review and recording fee, established pursuant to Section 1173.06 shall be included with the application.
(Ord. 91-95. Passed 10-7-1996.)
(g) Notice Procedures. Where a major subdivision is requested, notice of the public hearing held pursuant to Section 1171.03(i) shall be made in a newspaper of general circulation no less than seven (7) days before the hearing; said notice shall state the time and place of the hearing in accordance with Chapter 107 (Publication of Legal Notices) of the Ordinances.
(Ord. 124-05. Passed 2-6-2006.)
(1) In addition, notice, indicating the time, place, and subject of the hearing, shall be sent by regular mail to the owners of:
A. All properties abutting the subject property;
B. All properties abutting such properties described in subparagraph (g)(1)A. herein, excepting properties located across the right-of-way from or behind said abutting properties;
C. Any other property the Director deems affected by the proposed subdivision.
(2) Where a lot described in paragraph (g)(1) herein contains a condominium of more than ten (10) units, notice shall be sent to the president of the condominium association and the management company responsible for the building; the management company shall receive sufficient copies of the notice to post two (2) on every floor of the building at locations determined by the company.
(Ord. 24-98. Passed 5-18-1998.)