(a) Applicability. 232
The procedures of this subsection apply to any subdivision (as defined in § 14-203(328) (Subdivision)), except for a lot adjustment.
(b) Property Data Map.
(.1) Every person who wishes to subdivide his or her property shall file with the Commission two copies of a Property Data Map meeting the requirements in the regulations of the Commission prior to preparing the Preliminary Plat.
(.2) Following the filing of the Property Data Map and prior to the preparation of the Preliminary Plat, the Commission shall refer the Property Data Map to the Streets Department to verify its accuracy. If the Streets Department has not responded within 30 days, the Commission may assume that the Property Data Map is accurate. The Commission shall also notify the subdivider of (a) any elements of adopted plans and (b) any planned or anticipated public works or public land acquisitions that should be taken into consideration in the design of the subdivision.
(c) Preliminary Plat. 233
(.1) The Planning Commission shall not approve a Preliminary Plat that would require a change to the City plan unless an ordinance has been enacted approving such City plan change, subject to the Commission's approval of the Preliminary Plat.
(.2) The applicant shall submit to the Commission the Preliminary Plat and supplementary data meeting the requirements of the regulations of the Commission.
(.3) The applicant shall submit the proposed Stormwater Management Plan to the Water Department. The Water Department shall approve the proposed method of control of stormwater runoff before the Commission may approve the Preliminary Plat.
(.4) The Commission shall act on the application for approval of the Preliminary Plat at its first regularly scheduled meeting held not less than 30 days following the date of filing of the Preliminary Plat. If it approves the Preliminary Plat, the Commission shall express its decision as a conditional approval and shall notify the subdivider and the Department of Streets of that decision. If it disapproves the Preliminary Plat, the Commission shall notify the subdivider in writing of its action and the reasons for the decision within seven days after the decision.
(.5) The Streets Department shall review and approve, approve with conditions, or deny the application.
(.6) Approval of a Preliminary Plat shall not constitute approval of the Final Plat, but shall be deemed an expression of approval of the layout submitted as a guide to the preparation of the Final Plat.
(d) Criteria for Approval of Preliminary Plat.
The Commission shall approve a Preliminary Plat only if it finds that:
(.1) It complies with all technical requirements for the plat document in the regulations of the Commission;
(.2) It complies with the subdivision standards set forth in § 14-708 (Subdivision Standards); and
(.3) The proposed street layout and design have been approved by the Streets Department.
(e) Final Plat.
(.1) The subdivider shall submit a Final Plat to the Commission within 15 months after approval of the Preliminary Plat; otherwise the Preliminary Plat shall become null and void unless an extension of time is applied for and granted by the Commission.
(.2) At the subdivider's option, a Final Plat may consist of a portion of the approved Preliminary Plat.
(.3) The Commission shall act upon the application within 30 days of submission, or the subdivision shall be deemed approved.
(.4) If the Final Plat is approved, the approval of the Commission shall be noted on the Final Plat.
(.5) The subdivider must record with the Department of Records deeds and, in full or by section, the approved Final Plat. The deed or deeds must include the legal description of, and the proposed street address and tax account number assigned by the Office of Property Assessment for, each lot on the approved Final Plat. 234
(.6) An approved Final Plat shall be valid for three years, but if no recording of any portion of the Final Plat occurs within three years, the Final Plat shall become null and void.
(.7) If it disapproves the Final Plat, the Commission shall notify the subdivider in writing of its action and the reasons for the decision within seven days after the decision.
(.8) When new streets are involved in any subdivision, the Commission may require, as a condition of its approval, confirmation by the Streets Department Board of Surveyors of the appropriate City Plan changes.
(f) Criteria for Approval of Final Plat.
The Commission shall approve a Final Plat shall only if it finds that it:
(.1) Complies with all the technical requirements of the plat document in the regulations of the Commission; and
(.2) Is in substantial conformity with the approved Preliminary Plat.
(g) Compliance with Technical and Engineering Standards.
Following approval of the Final Plat, all improvements such as streets, driveways, water mains, and sewers shall be constructed in accordance with the specifications established by the City departments having jurisdiction over those improvements.
(h) Waiver of Subdivision Standards.
The Commission may authorize such waivers or partial waivers from the terms of this section as will not be contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of the standards otherwise applicable to the subdivision will result in serious practical difficulty.
(i) Records and Review.
The Commission shall keep a record of its findings, decisions, waivers and recommendations relative to all subdivision applications filed with it. All such records shall be public records.
Notes
| 232 | Amended, Bill No. 120774-A (approved January 14, 2013). |
| 233 | Amended, Bill No. 160525-A (approved September 27, 2016). |
| 234 | Amended, Bill No. 150645 (approved November 10, 2015). |