(A) Plats Required: Whenever any subdivision of land shall hereafter be laid out within the incorporated limits of the city, or located entirely or in part within one and one-half (11/2) miles of the incorporated boundary of the city, provided such territory is not included in any other municipality, the subdivider thereof or his agent shall submit both a preliminary and final subdivision plat to the plan commission for their approval. The subdivision plats and all procedures relating thereto shall in all respects be in full compliance with these regulations. The developer shall submit a time schedule of activities as well as a timetable for completion of the project to the plan commission.
(B) Until Plats Approved: Until plats and plans for the subdivision are approved:
1. No land shall be subdivided, nor any street laid out, nor any improvements made to the natural land.
2. No lot, tract or parcel of land within any subdivision shall be offered for sale nor shall any sale, contract for sale, or option be made or given.
3. No improvements, such as sidewalks, water supply, storm water drainage, sanitary sewerage facilities, gas service, electric service, lighting, grading, paving or surfacing of streets, shall hereafter be made by any owner or owners or his or their agent, or by any public service corporation at the request of such owner or owners or his or their agent.
(C) Completion Of Improvements: The final plat for the subdivision will be approved only upon completion of all improvements as required by this title, specifically including storm sewer, sanitary sewer laterals, water main and service laterals, streetlights, curbs, base course and lot line elevations established. No building permit shall be issued by the city authorizing the building on or improvement of any subdivided land not of record as of the date of this title unless the provisions and requirements of this title have been met.
(D) Dedications, Review And Recommendation: All offerings or dedications of land to the city for use as streets, highways, alleys, schools, parks, playgrounds, or other uses, shall be referred to the plan commission for review and recommendation before being accepted by the city council.
(E) Subdivision Approval: Where a tract of land proposed for subdivision is part of a larger, logical subdivision unit in relation to the city as a whole, the plan commission may, before approval, cause to be prepared a plan for the entire area or neighborhood, such plan to be used by the plan commission as an aid in judging the proposed plat. The city engineer shall cooperate with the plan commission in reviewing plans and surveys prepared by the developer. The developer shall prepare, or cause to be prepared, this plan and shall furnish such surveys and data as may be necessary.
(F) Resubdivision Considerations: Whenever an area is subdivided into lots of thirty thousand (30,000) square feet or more and there are indications that such lots will eventually be resubdivided into smaller building lots, considerations shall be given to the street and lot arrangement of the original subdivision so that additional minor streets can be located which will permit a logical arrangement of smaller lots.
(G) Interpretation:
1. In their interpretation and application, the provisions of this title shall be held to be the minimum requirements.
2. Where the conditions imposed by any provision of this title upon the use of land are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this title or of any other law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall govern.
3. This title is not intended to abrogate any easement, covenant, or any other private agreement, provided that where the regulations of this title are more restrictive or impose higher standards or requirements than such easements, covenants, or other private agreements, the requirements of this title shall govern.
4. If any section, subsection, sentence, clause, phrase, or portion of this title is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. (Ord. 455, 4-21-1997)