(A) Plat approval. The procedure for plat approval is set forth in this section.
(B) Sketch plan.
(1) Subdivider’s are invited to prepare, for review with the Planning Commission, City Engineer and others as the Planning Commission may direct, a proposed subdivision sketch plan which, in order to be most useful, shall contain the following information:
(a) Site location map showing streets, school locations, commercial centers and other significant developments;
(b) Tract boundaries;
(c) North arrow and scale;
(d) Streets within and adjacent to tract;
(e) Topography and physical features;
(f) Proposed general street design; and
(g) Proposed lot size and orientation.
(2) The sketch plan will be considered as the basis for discussion between the subdivider and the Planning Commission. Submission of the sketch plan shall not constitute formal filing of a preliminary plan. If desired by either the Planning Commission or the subdivider, the sketch plan may be submitted to the Planning Commission for their unofficial review and comments, the intent of which shall be to point out any deficiencies in the plan and to recommend any modifications necessary to bring the plan into conformance with this section.
(C) Preliminary plats.
(1) Before dividing any tract of land into 2 or more lots or parcels, an owner or subdivider shall, unless a variance is authorized, file with the City Planner:
(a) Ten copies of the preliminary plat and one 11 inches by 17 inches copy.
(b) A subdivision fee per the city fee schedule, as adopted and amended from time to time by the City Council. This fee shall be used for public expenses in connection with the approval or disapproval of the plan and final plat that may thereafter be submitted. Each final plat submitted except the first as a part of the approved preliminary plan, may require an additional fee of $50.
(c) Minor subdivisions shall be charged a fee per the city fee schedule.
(d) If the subdivider requests or the Council requires that any existing special assessments which have been levied against the premises described in the subdivision be divided and allocated to the respective lots in the subdivision plat, the City Clerk shall estimate the clerical cost of preparing the revised assessment roll, filing the same with the County Auditor, and making the division and allocation, and upon approval by the Council of the estimated cost, the same shall be paid to the City Clerk in addition to the fees mentioned in division (b) above to cover the cost of preparing and filing of the revised assessment.
(e) The subdivider shall fill out a subdivision application blank available at the office of the City Planner.
(2) The Planning Commission shall consider the preliminary plat officially filed after the City Planner has examined it and advised the Planning Commission that it is in proper form.
(3) On the same date that the City Planner places the preliminary plat on file, the City Planner shall:
(a) Set a date for a public hearing on the preliminary plat, subject to division (4) below. The City Planner shall cause notice of the hearing to be sent by mail to all property owners of record within 350 feet of the proposed subdivision boundaries at least 10 days prior to the hearing. In addition, notice of the hearing shall be published in the official newspaper at least 10 days prior to the hearing. The Planning Commission shall hold the public hearing at 1 of its regular meeting dates.
(b) Refer 1 copy of the preliminary plat to the Street and Water Department for examination and report and 1 copy to the City Engineer for his or her examination and report, 1 copy to the Hubbard County Wetlands Coordinator for his or her examination and report, and 1 copy to the school district. Copies of the report of the City Engineer shall be given to the Planning Commission prior to the public hearing.
(4) The Planning Commission shall make its report to the Council within 60 days except in cases where the applicant requests additional time to adjust or count the plats.
(5) The Council shall act on the preliminary plat within 60 days of the date on which it was received from the Planning Commission.
(6) If the preliminary plat is not approved by the Council the reasons for the action shall be recorded in the proceedings of the Council and transmitted to the applicant. If the preliminary plat is approved, the approval shall not constitute final acceptance of the subdivision.
(7) Should the subdivider desire to amend the preliminary plat as approved, he or she may resubmit the amended plan which shall follow the same procedure except for the hearing and fee, unless the amendment is, in the opinion of the Planning Commission, of the scope as to constitute a new plat, in which case it shall be refiled.
(D) Final plat.
(1) The owner or subdivider shall file 10 copies of the final plat with the Planning Commission not later than 6 months after the date of approval of the preliminary plat by the Council; otherwise, the preliminary plat will be considered void unless an extension is requested in writing by the subdivider and for good cause granted by the Council. One 11 inches by 17 inches copy of the final plat shall also be submitted.
(2) The final plat will have incorporated all changes or modifications approved in the preliminary plat; in all other respects, it shall conform to the preliminary plat. It may constitute only that portion of the approved preliminary plat which the subdivider proposed to record and develop at the time, provided that the portion conforms with all the requirements of this section.
(3) The Planning Commission shall consider the final plat officially filed after the City Planner has examined it and advised the Planning Commission that it is in proper form.
(4) On the same date that the final plat is placed on file, the City Planner shall refer 2 copies of the final plat to the Planning Commission, 3 copies to the City Engineer and 1 copy each to the telephone, gas, and electric companies. The procedure and timing for processing the final plat shall be the same as for the preliminary plat except that no public hearing is required in processing the final plat.
(5) If the final plat is approved by the Council, the subdivider shall record it with the County Recorder within 6 months after the date of approval; and if not so filed, the approval of the final plat shall be void and of no effect.
(6) The subdivider shall furnish the following specified types of copies of the final plat to the persons listed below:
Hubbard County Recorder | 1 copy on mylar |
Hubbard County Auditor | 1 copy on paper |
Hubbard County Engineer | 1 copy on paper |
City Engineer | 1 copy on transparent linen or mylar |
1 copy on film positive at 1 inch equals 200 feet | |
A digital copy (when available) with information from the preliminary and final plat included
|
(E) Land division. In any case where the division of a parcel of land into 2 or more lots or parcels for the purpose of transfer of ownership or building development does not come within the definition of a subdivision, a description of the land division shall be filed with the Planning Commission which shall submit copies of the division to the Council and City Engineer. No building permit may be issued until the description has been received by the City Planner.
(F) Absence of utilities. In areas which cannot reasonably be served by public water and sanitary sewer, and the service cannot be expected within a 5 year period, no residential lot shall be developed for residential purposes unless it contains at least 1 acre of land area regardless of the lot area requirements of prevailing zoning regulations. Where public water and sanitary sewer is not available and individual wells and disposal systems are to be utilized, the subdivider may be required to submit the results of tests to ascertain subsurface soil, rock, and ground water conditions.
(Prior Code, § 66-215) (Am. Ord. 491, passed 5-22-2007) Penalty, see § 151.999