(A) General. Subdivisions meeting the following conditions of eligibility may be considered as minor subdivision, and with replats, shall be considered under the provisions of this subsection. Minor subdivisions may receive primary and secondary approval by the Plat Committee. The Subdivision Administrator’s decision may be appealed to the Plan Commission.
(B) Conditions of eligibility. Before determining that a subdivision is eligible to be considered under this section, the Subdivision Administrator shall find that all of the following criteria are satisfied.
(1) Division from parent tract. The subdivision will not result in the creation of more than four lots from a parent tract, whether at the same time or over the course of time, shall be considered under minor subdivision review. Any subdivision which would result in a cumulative total of four or more lots in addition to the original parent tract shall be considered a major subdivision, regardless of whether the three lots are created through one subdivision or several subdivisions over time.
(2) Orderly development. The subdivision will not impede orderly development of land or the provision of public services and improvements.
(a) The subdivision will not interfere with the implementation of the comprehensive plan.
(b) The subdivision will not interfere with the provision of streets to provide access to adjoining or nearby property in the event that the property is developed in the future.
(3) Utilities and drainage. All parcels in the subdivision will have adequate utilities and drainage.
(a) All lots shall be served by a sanitary sewer. Any subdivision of land which requires the extension of existing sewers shall be considered as a major subdivision.
(b) All lots shall be served by a public or quasi-public water system. Any subdivision of land which requires the extension of existing water shall be considered as a major subdivision.
(c) All lots shall be provided with drainage improvements in compliance with the Chapter 56: Stormwater Management, of Volume One of the city code, as amended.
(4) Access. All parcels in the subdivision and adjacent land will have adequate ingress and egress without the construction of any new streets or substantial improvement to existing streets.
(a) All lots will have legal access to a platted private street or to a public street which has been accepted for maintenance, or has been continuously maintained for a period of ten years immediately preceding the filing of the subdivision, by a public agency regularly having responsibility for the maintenance. The public street shall also have a hard surface suitable for vehicular traffic which complies with the thoroughfare plan.
(b) Frontage on limited access streets on which driveways cannot open shall not constitute legal access.
(c) If by reason of topography, natural or human-made features or other conditions relating to the property requested for subdivision, better access can be provided through construction of a new street, the petition shall be considered as a major subdivision.
(d) All lots will have driveway locations which will provide for adequate sight distance and will be properly spaced according to city standards.
(e) Land adjacent to the property involved in the subdivision shall also have adequate access according to the criteria contained in this subsection.
(5) Suitability. All lots in the subdivision will provide suitable building sites for the purpose for which the land is to be used. Land suitability shall be determined by the criteria contained in § 8.2 of this ordinance.
(6) Endangerment. The subdivision will not be detrimental to nor endanger the public, health, safety or general welfare.
(7) Waivers. The subdivision shall not require any waivers.
(C) Concept plan. Submittal of a concept plan for a minor subdivision is optional. The concept plan review process serves as an introduction to the subdivision process and subdivision regulations for the applicant. Refer to § 9.19 for the concept plan procedure.
(D) Primary plat approval.
(1) Application. Application shall be made to the Subdivision Administrator on the appropriate forms, accompanied by the required filing fee. The Subdivision Administrator will then determine whether or not the subdivision qualifies for minor subdivision approval or whether it must be filed as a major subdivision.
(2) Minor subdivision. All subdivisions of land meeting the definition of “Subdivision, Minor” in Chapter 11 of this ordinance and verified by the Administrator may be submitted to the Plat Committee or the Plan Commission for primary approval as specified in this section.
(3) Required submission materials. All requests for primary plat approval of a minor subdivision shall be accompanied by the materials required as set forth in § 9.19(B) of this ordinance.
(4) Supporting material. The following supporting material, in accordance with § 9.19(B), shall be submitted with the primary plat:
(a) The names and addresses of all adjacent land owners, keyed to a map;
(b) A map showing all significant topographical and other features, including water bodies, existing buildings, alleys, streets or other information which will aid in the location of the property for site visits;
(c) Evidence that a sewerage permit can be obtained from the City Utilities Department and evidence that water service is available to all building lots in the subdivision;
(d) Documentation sufficient to show that all applicable design standards of this ordinance are met by the proposed subdivision;
(e) Erosion control plan, if necessary;
(f) Drainage report, if necessary;
(g) Any covenants or other restrictions which will run with the land included in the subdivision; and
(h) If any lot in a minor subdivision is to receive its access from a state highway, evidence that a driveway permit can be issued by the State Department of Transportation shall be submitted.
(5) Findings and decision. Upon review of all the materials by the Plat Committee, the Plat Committee shall make written findings of whether the primary plat meets the standards of this ordinance and shall approve the petition; approve the petition with conditions and/or commitments; deny the petition; or continue the petition to a definite future meeting.
(6) Revisions. Following Plat Committee approval, the applicant shall submit revisions in conformance with the established procedures of the Planning and Building Department.
(7) Length of approval. Primary approval of a minor subdivision shall be valid for 365 days, unless an extension is granted by the Plat Committee or Commission. If secondary approval is not granted before the expiration of 365 days, the primary approval shall be null and void.
(E) Secondary plat approval.
(1) General. After all conditions of primary approval have been met, the applicant may request secondary approval from the Administrator or Plat Committee. The Administrator may choose to refer the plat approval request to the Plan Commission.
(2) Required submission materials. All requests for secondary approval shall be accompanied by the materials listed in this section:
(a) Secondary plat. An original drawing prepared in accordance with the standards set forth in § 9.19(C) and all information required above, as approved by the Plan Commission or Plat Committee; and
(b) Supporting material. Documentation sufficient to show that all conditions of primary approval by the Commission or Plat Committee have been met.
(3) Length of approval. Secondary approval of a minor subdivision shall be valid for a period of one year from the date of the approval. If the subdivision is not recorded before the expiration of one year, it shall become null and void.
(Ord. 07-16, passed 12-10-2007; Ord. 2009-04, passed 4-13-2009)