(A) Classification of subdivisions and additions.
(1) Before any land is platted, the developer shall apply for and secure approval of the proposed subdivision plat or addition plat in accordance with the following procedures, unless otherwise provided by this chapter. Subdivisions are classified as major or minor depending on the number of lots proposed and the extent of public improvements required.
(a) Minor subdivisions shall create no more than 4 lots and do not require the creation of a new street or the extension of municipal facilities. Minor subdivisions may be approved for residential and nonresidential properties. Minor plat approval requires the submission of a final plat as described under § 155.030. The City Administrator may approve minor plats or refer them to the Planning and Zoning Commission and Council for their action.
(b) Major subdivisions involve the creation of new streets, the extension of municipal facilities, or the creation of more than 4 lots. Major subdivisions may be approved for residential and nonresidential properties. The procedure for approving a major subdivision plat typically involves 4 steps: land study (voluntary), plat, final plat, and submission of as-built plans.
(2) Except as otherwise permitted, the Council’s approval of a preliminary plat is required prior to the construction of public improvements to the property. The developer may undertake efforts to improve the land, and begin construction of public improvements after receiving approval of a plat. Upon completion of detailed surveys and all necessary engineering to fully and accurately define the subdivision, the developer shall submit a final plat for approval. Lots may be sold and building permits obtained only after approval of the final plat by the Council, and filing of the signed final plat. Upon completion of the required public improvements, the owner shall submit a set of as-built plans to the city. Certificates of occupancy for any permanent structures shall not be granted until the as-built plans have been approved and accepted by the city.
(B) Submission date for items requiring Commission, Council, or staff approval. Plats and final plats will be acted on within 30 days by the Planning and Zoning Commission and 30 days thereafter by Council, unless the time requirements are waived by the developer. Minor plats may be processed in a shorter period, since they only require staff approval. All other approvals require the action of the Planning and Zoning Commission and Council. The official submission date is the date of submission of all documents and payment of all fees as required by this chapter.
(C) Statutory compliance procedure.
(1) Applications for plat approval shall be evaluated for compliance with this chapter and requirements contained in the city’s standard specifications manual and design manuals, which are incorporated herein by reference, and with any other criteria, policies, rules, and plans which are referenced elsewhere in this chapter, or established by ordinance.
(2) The City Administrator shall place the application on a scheduled meeting of the Commission prior to the expiration of 30 days following the submission date, subject to any waiver executed or agreed to by the applicant. The Commission shall recommend approval, conditional approval, or deny the application. In the absence of a waiver, if the Commission fails to approve or disapprove (disapproval includes the identification of requirements to be satisfied prior to approval) an application within 30 days of the official submission date, or thereafter in the event of a waiver of time, the application shall be deemed approved by the Commission as a recommendation.
(3) The recommendation of the Commission shall be forwarded to the City Council, who shall schedule a meeting for the consideration of the application, and the recommendation of the Commission. The meeting shall be held within 30 days of the recommendation of the Commission. The Council shall approve or disapprove the application, or identify requirements which must be satisfied prior to approval of the application. In the absence of a waiver, if the Council fails to approve or disapprove (disapproval includes the identification of requirements to be satisfied prior to approval) an application within 30 days
of the recommendation of the Commission, the application shall be deemed approved, subject to the applicant’s waiver. However, the identification of requirements by the Council, which remain to be satisfied prior to plat approval, shall constitute disapproval of the application for purposes of statutory compliance only. Unless the Council unconditionally disapproves the plat application within that period, the city shall continue to process the application for compliance with this chapter. The Council may table a plat, or final plat, or may request the applicant to withdraw. These items must be withdrawn by the applicant if the applicant is not ready to proceed. The applicant may resubmit the project with no additional fees if it is rescheduled within 30 days of the date of withdrawal. Tabling the application does not extend the time periods required for action.
(D) Fees, application forms, and procedures. The City Council shall establish a schedule of fees as required to recoup costs related to the administration of this chapter. The City Administrator may establish procedures, forms, and standards with regard to the content, format, and number of copies of information constituting an application for a plat, replat, vacation of plat, final plat, or as-built plat plans.
(E) Extraterritorial jurisdiction. Land in the city’s extraterritorial jurisdiction is subject to platting, as provided by law. The approval of a plat or final plat for land within the extraterritorial jurisdiction does not constitute approval of land use. Properties incorporated subsequent to platting are subject to the city’s zoning authority.
(Ord. 487, passed 7-18-2000; Am. Ord. 737, passed 7-20-2016) Penalty, see § 155.999