A. Applicability. The Major Subdivision procedures apply to all subdivisions not approved or eligible for approval under the Minor Subdivision procedures. In general, these include subdivisions that: 1) are not approved under the Minor Subdivision procedure; 2) create more than four lots; or 3) require development or extension of public improvements.
B. Stages in the Approval Process. The approval process for Major Subdivisions consists of three stages: the pre-application stage, the preliminary plat stage, and the final plat stage.
C. Pre-application Procedures.
1. Before filing an application for preliminary plat approval, the applicant shall request a planning conference for the purpose of determining the general requirements for proposing a subdivision and the feasibility of proceeding with the preparation of a preliminary plat. When the proposed area to be subdivided will be developed in multiple plats, a concept plan shall be prepared to show the intended use of the total parcel.
2. The subdivider shall then prepare and file with the Clerk twenty (20) copies of a preliminary plat conforming in detail to the requirements set forth in this chapter.
3. The Clerk shall forthwith refer one (1) copy to the City Administrator, the City Engineer, the City Attorney, the Zoning Administrator, the Planning & Zoning Commission Chair, and the Parks and Recreation Chair. One copy shall be kept and be available for public inspection.
4. The City Engineer shall carefully examine said plat as to its compliance with the laws and ordinances of the City, the existing street system, good engineering practices, and shall, as soon as possible, submit findings in duplicate to the Commission. Submissions of the plat by the subdivider and staff reviews shall be completed according to the following timetable:
Action |
Date
|
Original Plat and Plans Submitted by Developer | Day 1 |
City Administrator, Engineer and Attorney Review and Issue Letter of Report | Day 14 |
Revisions and Resubmittals by Subdivider Based on Letter of Report | Day 21 |
City Administrator, Engineer, and Attorney Make Final Review of Corrected Documents and Issue Letter of Report | Day 28 |
Planning and Zoning Commission Meeting (Public Hearing) | Day 45 or next regularly scheduled meeting |
City Council Meeting (Public Hearing) | Day 60 or next regularly scheduled meeting |
5. After receiving the City Administrator's, City Engineer's and City Attorney's reports, the Commission shall study the preliminary plat and other material for conformity thereof to the requirements of this chapter and the Comprehensive Plan for the development of the City. The Commission may confer with the subdivider on changes deemed advisable and the kind and extent of such improvements to be made by the subdivider. The Commission shall approve or reject such a plat within forty-five (45) days after the date of submission, unless the plat is tabled for a period not to exceed an additional sixty (60) days for further study by the Commission or to await further recommendations. If the plat is tabled by the Commission, it may impact the timeline of City Council action, as per the above table. The approval of the preliminary plat by the Commission shall be null and void unless a final plat of either the entire proposed subdivision or a portion of it is presented to the Commission within one year after date of preliminary plat approval, or in the case of a phased subdivision, within three (3) years.
6. Before a public hearing on the proposed plat, notice shall be provided by the subdivider at the subdivider's expense:
a. By publication in a local newspaper of general distribution after the subdivider provides the necessary information to the City and the City requests the publication;
b. By posting a notice on the tract that is easily visible from each adjoining street with a sign(s) not less than eighteen inches in height and twenty-four inches in width with a white background and black letters not less than one and one-half inches in height; and
c. By sending notices by mail to all property owners within 300 feet. The subdivider shall provide a list of all recipients to the City.
Such notice shall be given at least ten days prior to the public hearing.
7. The Commission shall, after such consideration, transmit forthwith a copy of the preliminary plat along with all supporting papers to the Council along with the Commission's recommendation to approve or disapprove the preliminary plat. Any restrictive covenants shall be included with the supporting papers.
8. If the subdivider finds it necessary to make material and substantial alterations in any layout of the subdivision after conditional approval from the Commission, such alterations shall be subject to the approval of the Commission and the Council.
9. The Council shall consider and act upon the preliminary plat and the Commission's recommendation not later than the second regular meeting or 30 days following the date of filing by the Commission, whichever is later. In the event of disapproval, the Council shall refer the plat back to the Commission along with specific reasons for such disapproval, a copy of which shall be transmitted to the subdivider.
10. Approval of the preliminary plat does not constitute approval of the subdivision. However, it shall form the basis for approval of the final plat if such final plat is prepared and construction is undertaken in conformity with this chapter and in substantial conformance with the approved preliminary plat and plans and specifications prepared subsequent to its approval.
11. Approval by the Council of the preliminary plat shall not constitute authority to sell lots or record the plat, nor shall it constitute authority to construct permanent buildings in reliance upon the preliminary layout.
12. Upon approval of the preliminary plat by the Council, the subdivider may proceed with the preparation of the final plat together with detailed construction drawings and specifications for the public improvements required under this chapter, and all required legal documents.
13. Before submitting the final plat to the Commission for approval, the subdivider shall furnish:
a. All documents requiring signatures shall be signed including the Subdivision Agreement;
b. The restrictive covenants, if any, or a statement certifying that there will be no restrictive covenants;
c. All construction plans and specifications, as listed in Section 166.12 of this chapter, necessary for the detailed engineering consideration of the improvements required under this chapter and obtain approval of the City Engineer. All final plats and construction plans submitted for review and approval shall be submitted no later than the first day of the month in which the Planning and Zoning Commission will meet and consider the plat.
14. After the final plat and accompanying legal documents are filed with the City, the Commission shall consider the final plat at the regular meeting and shall recommend either approval or disapproval of the plat. If the Commission finds that the final plat has been prepared in compliance with these regulations and in substantial compliance with the preliminary plat, such final plat shall be recommended for approval. If the Commission finds otherwise, the Commission shall recommend disapproval and, further, shall specify its reasons for recommending disapproval. The Commission shall within fourteen (14) days transmit to the Council the final plat along with its recommendation and all accompanying documents.
15. All of the required public improvements shall be constructed according to the City of Mount Vernon's Public Improvement Design Standards and accepted by formal Resolution of the Council. Before passage of said resolution of acceptance, the City Engineer shall report that said improvements have been constructed in conformance with the City Public Improvement Design Standards, and have been certified as complete by the developer's engineer. Final plat approval shall require the subdivider to post a performance bond, guaranteeing that said improvements will be constructed within one year from final acceptance of the plat, or before a certificate of occupancy is requested, as provided by Section 166.17(d). However, final approval of the plat will not guarantee final acceptance of the subdivision until such improvements have been completed and accepted by the City. The above arrangements shall be subject to review by the City staff prior to acceptance by the City of any improvements to be constructed. Improvements will be accepted only after their construction has been completed, and no public funds will be expended in the subdivision until such improvements have been completed and accepted by the City. The above arrangements shall be subject to review by the City staff prior to acceptance, and shall specifically assure the expedient installation and completion of all improvements within the specified construction time period and shall indemnify the City from any and all costs or losses of the development due to the delay in construction completion and building permit issuance.
16. The Council shall consider the final plat along with the report of the Commission and the City Engineer not later than the second regular meeting following the date of filing with the Council, provided that the public improvements have been completed or a bond has been filed with the City, guaranteeing the completion of the improvements. If the Council finds that the plat has been prepared in compliance with the regulations of this chapter and in substantial compliance with the preliminary plat and construction plans, such final plat shall be approved. In the event of disapproval, the record shall show the specific points on which the final plat varies from these regulations and/or the preliminary plat.
17. The passage of a resolution by the Council accepting the plat shall constitute final approval of the platting of the area shown on the final plat, but the subdivider or owner shall cause such plat to be recorded in the office of the County Recorder, as provided in Chapter 354, Code of Iowa, and shall file satisfactory evidence of such recording in the office of the City Clerk before the City shall recognize the plat as being in full force and effect. Unless this recording occurs within 180 days after the approval by the Council, the resolution is null and void.
18. No final plat will be approved until there is substantial completion of public improvements, including but not limited to streets, water, sewer, and storm sewer, and have been approved by the City. NO LOTS SHALL BE SOLD AND NO BUILDING PERMITS SHALL BE ISSUED until that time.
19. Phased Subdivisions: The final plat may be submitted in phases, provided that no phase represents the lesser of 5 lots or 10% of the total number of lots in the entire approved preliminary plat. The initial phase of the final plat must be submitted according to the effective dates established above. In the event of a phased subdivision, the initial preliminary plat approval remains effective for a period not to exceed three years, unless otherwise extended by the City Council.
20. The Council may waive the requirements of this chapter for the construction and installation of some or all of the improvements in cases of dedications of land or rights-of-way to public use where such dedication is in excess of the needs of the subdivision and is desired by a public agency in lieu of a purchase or condemnation.