(A) Concept plan.
(1) In order to insure that all applicants are informed of the procedural requirements and minimum standards of this chapter and the requirements or limitations imposed by other city ordinances or plans, prior to development of a preliminary plat, all applicants shall present a concept plan to the city prior to filing a preliminary plat.
(2) Subdividers shall prepare, for review by the Planning Commission, a subdivision concept plan which shall contain the information listed in § 152.20, data for concept plan and filing fee. The subdivider is responsible for providing at least ten copies of the proposed subdivision to city staff and completion of an application for concept plan review at least 15 days prior to the meeting of the Planning Commission at which action is desired.
(3) When a proposed plat is located outside the city limits, one copy of the concept plan shall be referred to the Town Board of the township within which the plat is proposed to be located. Written comments from the Town Board shall be transmitted to the Planning Commission within 15 days of receipt of the concept plan by the Town Board.
(4) The subdivider, or a duly authorized representative, shall attend the Planning Commission meeting at which his or her proposal is scheduled for consideration to discuss the requirements, which pertain to his or her proposed subdivision or resubdivision.
(5) The Planning Commission will review, discuss, and advise the subdivider of the extent to which the proposed subdivision conforms to this chapter, the comprehensive plan, and as variances that may be required and any other applicable official controls.
(6) The Planning Commission shall make specific recommendations and comments about the concept plan to be incorporated by the applicant in the next submission to the Planning Commission. Any advice, comments, or recommendations for modifications made at this point by staff or Planning Commission are advisory only and shall not constitute approval or commitment to approve. Review of the concept plan will include an initial determination whether environmental review documents must be completed pursuant to state law or rules. If such documents are required, the subdivider shall take the proper steps to ensure that the documents are prepared.
(B) Preliminary plat.
(1) Within six months of the Planning Commission's consideration of a concept plan, the applicant shall file with the city a preliminary plat at least 30 days prior to the meeting of the Planning and Zoning Commission at which action is desired. The application shall be accompanied by a set number of copies of the plat set by staff, which shall comply with the requirements of § 152.21, data for preliminary plat, filing fee, proof of ownership or ownership interest (abstract, option, title insurance policy, registered property abstract and any unrecorded documents) satisfactory to the city, and a list of property owners with addresses located within 350 feet of the property certified by an abstract company or the county. Failure to act within the above time limit shall invalidate an approved concept plan and require that it be resubmitted.
(2) Prior to the meeting of the Planning and Zoning Commission at which the preliminary plat is to be considered, the Administrative Review Committee, shall examine the plat for compliance with this chapter and other ordinances of the city, and shall submit a written report to the Commission. The city shall submit a copy of the plat to the Commissioner of Transportation if the proposed subdivision includes land abutting an established or proposed trunk highway, County Engineer if the proposed subdivision includes land abutting a county or county state-aid highway, and State Commissioner of Natural Resources if the proposed subdivision adjoins a public body of water.
(3) The Administrative Review Committee shall undertake a comprehensive review of the preliminary plat in order to determine how the proposed development will affect traffic, utilities, drainage, community facilities, public safety, surrounding development, natural features, historic sites, open space and the like. The Committee shall also consider the proposed development in terms of its conformity with the city's comprehensive land use plan. The chairperson of the Administrative Review Committee shall prepare a written report. The report shall be sent to the Planning Commission and the applicant and shall be made available for review by all interested citizens in advance of the Planning Commission meeting.
(4) The Park Board shall make a recommendation to the City Council as to the location, size, and type of park improvements and sidewalk/trail system proposed. If the City Council grants approval of the preliminary plat prior to review by the Park Board, such approval shall be contingent on review of the Park Board.
(5) The Planning Commission shall hold a public hearing on the preliminary plat after notice of the date, time, place and purpose of the hearing has been published once in the official newspaper, and a site sign has been erected by the applicant, both at least ten days before the date of hearing. Written notice shall also be mailed by the city to the applicant and all owners of record listed in the County Recorder's Office, within 350 feet of the outer boundaries of the preliminary plat. A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the city and shall be made a part of the records of the proceedings. The failure to give mailed notice to individual property owners, or defects in the notice, shall not invalidate the proceedings, provided a bona fide attempt to comply with this requirement has been made.
(6) After considering the Administrative Review Committee Report and the comments and suggestions received at the public hearing, the Planning Commission shall make its recommendation on the preliminary plat to the City Council within 45 days from the date of the opening of the public hearing, unless the applicant consents on the record to a continuance. The Planning Commission may recommend approval, approval subject to certain conditions or that the preliminary plat be denied. All recommendations and the reasons thereof shall be stated in the record.
(7) The subdivider, or a duly authorized representative, shall attend the Planning Commission meeting at which his or her proposal is scheduled for consideration to discuss the requirements which pertain to his or her proposed subdivision or resubdivision.
(8) When feasible, the City Council shall consider the preliminary plat at its next regular meeting following action by the Planning Commission and the Park Board. The City Council shall approve or deny the preliminary plat within 120 days following receipts by the city of the properly completed application, unless the subdivider shall consent on the record to a continuance. The City Council may by resolution:
(a) Grant approval of the preliminary plat, with or without modification or conditions;
(b) Refer the preliminary plat to the Planning Commission or appropriate city staff, officers or departments for further investigations and report to the Council at a specified future meeting; or
(c) Disapprove the preliminary plat. If the plat is not approved, the City Council shall state the reasons for denial in the record.
(9) The city shall notify the applicant in writing of the City Council's action, stating the conditions of approval or reasons for disapproval and shall endorse the date of the approval or disapproval on the preliminary plat. Approval of the preliminary plat is an acceptance of the general layout submitted and indicates to the subdivider that he or she may proceed toward approval of the final plat in accordance with the resolution granting preliminary approval and the terms of this chapter.
(10) Subsequent to approval of the preliminary plat and prior to approval of the final plat, the subdivider shall submit engineering plans, satisfactory to the City Engineer, for all required improvements, as specified herein.
(11) At the discretion of the city, the preliminary and final plat may be submitted at the same time to the City Council for consideration. The consideration will be determined based on the issues and complexity associated with the subdivision.
(C) Final plat.
(1) Unless otherwise provided in the development contract, within one year after the date of the City Council approval of the preliminary plat, the subdivider or owner shall file an application for approval of the final plat prepared by a land surveyor duly registered in the state accompanied by a set number of copies of the plat set by staff, which shall comply with the requirements of § 152.22. Data for final plat, filing fee, a development plan for the necessary improvements with cost estimates, a copy of any restrictive covenants, and a certification of title or registered property report, and abstract of title shall be referred to the attorney for examination of title and report which shall be returned within 15 days with the city. If the final plat application is not filed within the period, the preliminary plat will be considered void unless for good cause shown an extension is requested in writing by the subdivider and granted by the City Council.
(2) The final plat shall conform to the requirements of this chapter and to all conditions set forth in the approval of the preliminary plat by the city, and by the County Engineer regarding county roads, the State Department of Transportation regarding state highways, and State Commissioner of Natural Resources regarding a public body of water.
(3) Upon receipt of the final plat, the city shall refer copies to the Administrative Review Committee who shall review the final plat and shall transmit reports of their recommendations to all Planning Commission members before the Planning Commission meeting at which such plat is to be considered.
(4) The Planning Commission shall study the final plat, considering the reports of the Administrative Review Committee and then shall transmit its recommendations to the City Council.
(5) The subdivider, or a duly authorized representative, shall attend the Council meeting at which his or her proposal is scheduled for consideration to discuss the requirements, which pertain to the proposed subdivision or resubdivision.
(6) The City Council shall consider the final plat and shall approve or disapprove the final plat within 60 days of receipt of the complete application. The findings necessary for City Council approval of the preliminary plat and the final plat shall be as follows:
(a) The proposed subdivision is consistent with the zoning code and conforms with all its requirements and this chapter;
(b) The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's generalized land use plan;
(c) The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding and storm water drainage are suitable for the type and density of development and uses contemplated;
(d) The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, transportation, erosion control and all other public and private services, facilities and improvements otherwise required herein;
(e) The proposed subdivision will not cause adverse environmental damage or degradation;
(f) The proposed subdivision will not conflict with easements of record or with easements established by judgment of a court;
(g) The proposed subdivision will not have an undue and adverse impact on the reasonable development of neighboring land; and
(h) The proposed subdivision incorporates appropriate design and site planning elements for reasonable energy conservation measures.
(7) No final plat shall be approved by the City Council until satisfactory evidence is filed with the city that the plat is in a form acceptable for recording with the county, that the proper filing fees have been paid to the city, that a developer's agreement with appropriate improvement sureties has been executed, and that the escrow account is current and no other payments to the city are outstanding.
(8) Upon approval of the final plat by the City Council, the city shall promptly notify the applicant of the approval and within 30 days thereafter, the applicant shall file the final plat with the County Recorder. The applicant shall furnish the city with one mylar and two paper copies of the final plat as recorded, showing evidence of the recording. Failure of the applicant to comply with these requirements of recording shall be cause for revoking the city's approval.
(D) Minor subdivision/waiver of subdivision platting.
(1) Application. This section shall apply to the following applications in residential districts:
(a) In the case of a request to divide a portion of a lot where the division is to permit the adding of a parcel of land to an abutting lot.
(b) In the case of a request to combine two existing platted lots.
(c) In the case of a request to divide a base lot which is a part of a recorded plat on which has been constructed a two-family dwelling, townhouse or quadraminium, where the division is to permit individual private ownership of a single dwelling unit within such a structure and the newly created property lines will not cause any of the unit lots or the structure to be in violation of this chapter, the Zoning Ordinance, or the State Building Code.
(d) To qualify, the parcel of land shall not have been part of a minor subdivision within the last five years.
(e) In the case of a request to approve a conveyance by metes and bounds if it is determined that the following conditions exist:
1. The restriction against the conveyance will create an unnecessary hardship;
2. The conveyance will not interfere with the purposes of the subdivision regulations;
3. The dedication of public utility or street easements is not involved;
4. The conveyance involves the division of a parcel into not more than two separate parcels; and
5. The new and residual parcels of land, which would result from the conveyance, meet the frontage and area requirements of the zoning code.
(2) The minor subdivision shall conform to all design standards as specified in this chapter. Any proposed deviation from said standards shall require the processing of a variance request.
(3) A minor subdivision shall be processed as follows:
(a) A certificate of survey shall be submitted to the city as specified in § 152.23 of this chapter two weeks prior to the next Planning and Zoning Commission Meeting for Planning Commission's review.
(b) Upon review by the Planning Commission and/or City Council, the full platting process may be required if additional information is deemed necessary.
(c) Upon execution of the City Council's resolution approving the minor subdivision, the City Administrator shall be authorized to sign the deed or registered land survey as meeting the requirements of the city. The Certificate of Survey or Registered Land Survey shall be filed and recorded at the Office of the County Recorder within 30 days of approval.
(d) Council reserves the right to require the provision of utility, drainage and street easements on the certificate of survey in regards to the approval of a minor subdivision.
(E) Vacation of plat or subdivision.
(1) Any plat or any part of a plat may be vacated by the owner of the property before the sale of any lot therein, by a written instrument, with a copy of the plat attached, declaring the same to be vacated. The vacation shall require the approval of the City Council in the same manner as for plats of subdivisions. The City Council may reject any instrument, which abridges or destroys any public rights in any of its streets or alleys. An instrument shall be approved and recorded in the same manner as plats or subdivisions. After being recorded, the instrument shall nullify the recording of the plat so vacated and divest all public rights in the streets, alleys and public grounds and all dedications laid out or described in the plat.
(2) When lots have been sold, the plat may be vacated as stated herein, provided that all the owners of lots in the plat join in the execution of the instrument.
(3) Platted areas may be replatted, provided that they follow the provisions of this chapter.
(Ord. 78A, passed 8-22-1985; Am. Ord. 2006-193, passed 4-27-2006) Penalty, see § 152.99