(A) Pre-application meeting. Prior to the subdivision of any land, the subdivider or subdivider's agent shall prepare a sketch plan and shall discuss informally with the City Administrator the property proposed for subdivision, with reference to these subdivision regulations and procedures, zoning regulations and controls, and the city's comprehensive and major street plans.
(B) Plat submission requirements. The subdivider shall submit to the City Clerk 11 copies of the preliminary plat and supplemental material specified, with written application for conditional approval, at least ten days prior to the regular meeting of the city Planning Commission at which the request will be heard.
(C) Fees. Fees are as follows:
(1) Preliminary plat: $50 plus $1 per lot;
(2) Final plat: $100 plus $1 per lot;
(3) Vacate: $50;
(4) Rezone: $100.
(D) Scale and preliminary plat contents. Preliminary plats shall be a scale of 1 inch to 100 feet, and shall be prepared with the following information:
(1) Name, location, acreage, owner and designer of subdivision with legal description as shown by land records;
(2) Present and proposed zoning;
(3) Date, north point and graphic scale;
(4) Location of property lines, roads, existing utilities with size of lines, and other underground installations and easement;
(5) Names of adjoining properties or subdivisions;
(6) Proposed utility system, including water, sewer and paving;
(7) Dimensions and lot lines;
(8) Location of proposed drainage;
(9) Contours at two feet minimum intervals at 1 inch = 100 feet scale;
(10) Proposed improvements and grading concepts;
(11) Location of existing buildings;
(12) Proposed easements, dedications and reservations of land required.
(E) Notification of improvement schedule. Subdivider shall indicate by a letter when improvements as required will be provided.
(F) Notification of County Planning Commission. The city shall notify the Buffalo County Planning Commission of any proposed subdivision plat and provide the Commission with all available materials on the proposed plat, when such proposed plat lies partially or totally within the extraterritorial subdivision jurisdiction being exercised by that municipality in such county. The Commission shall be given four weeks to officially comment on the appropriateness of the design and improvements proposed in the plat. The review period shall run concurrently with subdivision review activities of the city after the Commission receives all available material for a proposed subdivision plat.
(G) Notification of School Board. At least ten days prior to the city Planning Commission meeting at which the preliminary plat is to be considered for approval, the city Planning Commission shall submit a copy of the proposal to the School Board of each school district which the proposed development affects, and shall notify the School Board of the meeting date. Copies of the plat may be submitted to any other agency which may be affected.
(H) Approval or rejection. After review of the preliminary plat and negotiations with the subdivider, the city Planning Commission shall reject or conditionally approve the preliminary plat, within 30 days after the official meeting at which the plat was considered.
(I) Approval is conditional. Approval of a preliminary plat shall not constitute approval of the final plat; it shall be deemed an expression of approval or conditional approval of the submitted plat, as a guide for the preparation of the final plat, which will be subject to further consideration by the city Planning Commission and the City Council. Any conditional approval of the preliminary plat shall be effective for a period of one year unless an extension is granted by the city Planning Commission.
(J) Public works plan. Upon approval of the preliminary plat by the city Planning Commission and City Council, the approved preliminary plat will be forwarded to City Engineer for preparation of a public works plan. Said public works plan will outline the improvement needs, in conjunction with the city's present utility, drainage and street system and tentative costs. The cost of said public works plan shall be borne by the subdivider.
(K) Final plat submission requirements. Final plats, showing entire concept, shall be submitted to the City Clerk within one year of approval of the preliminary plat, unless an extension is granted by the city Planning Commission. The final plat shall conform to the preliminary plat as approved and to the requirements of all applicable ordinances and state statutes; and, if desired by the subdivider, it may constitute only that portion of the approved preliminary plat which the subdivider proposes to record and develop at the time; provided, however, that such portion conforms to all requirements of these regulations.
(L) Scale and final plat contents. One original mylar and five copies of the final plat and other exhibits required for approval shall be submitted. The final plat shall be drawn in ink on mylar and shall be at a scale of 1 inch to 100 feet or larger. The final plat shall show the following:
(1) Date, title, name and location of subdivision;
(2) Streets and street names, lots, setback lines, lot numbers, etc.;
(3) Graphic scale and north arrow;
(4) Monuments (ferrous) ½-inch diameter, minimum 24 inches minimum length;
(5) Dimensions, angles and bearings, and complete legal description of the property;
(6) Sufficient survey data to reproduce any line on the ground;
(7) Names of adjoining subdivisions;
(8) Location and dimensions of any easements;
(9) Purpose for which sites are dedicated or reserved, and the transfer of ownership of the same;
(10) Certification by surveyor as to accuracy of survey and plat;
(11) Certification signed and acknowledged by all parties holding title or having any title interest in the land subdivided and consenting to the preparation and recording of the plat as submitted;
(12) Certification recording the approval by the cityPlanning Commission;
(13) Certification recording the approval by the City Council and the acceptance of any dedications.
(M) Supplementary data required. The final plat shall be accompanied by: public works plan of all required public improvements, approved by an Engineer.
(N) Professional assistance. The City Council or the city Planning Commission may request such professional assistance as it deems necessary to properly evaluate the plats submitted.
(O) Planning Commission recommendations. The city Planning Commission shall reject or approve the final plat and have prepared a recommendation to the City Council recommending rejection or approval. All reasons for recommending rejection shall be clearly stated. Notification of approval or rejection by the city Planning Commission or City Council shall be given the subdivider within 60 days after submission of the final plat to the city Planning Commission.
(P) Administrative subdivision. In the event that a proposed subdivision does not involve the platting and dedication of streets, extension of utility systems, change in subdivision class and type, change in zoning district, change in surface drainage, and will not result in the creation of more than three lots of record, the subdivider may apply for administrative subdivision under the provisions of this section. The utilization of the administrative subdivision does not relieve the subdivider of its obligation to comply with § 152.08: Streets, Alleys, Sidewalks and Driveways; and § 152.09: Utility and Drainage Facilities. The procedure for such application will be as follows:
(1) Application will be made to the City Council and the City Council may act or may at their option refer the application to the Planning Commission. In the event it is referred to the Planning Commission, the procedures outlined under the final plat provisions shall be followed.
(2) The subdivider shall submit an original and 11 copies of the plat. The original shall be drawn in ink on tracing cloth, mylar, or similar material, and shall be at a scale of 1 inch to 100 feet or larger. The plat shall contain the following:
(a) Date, title, name, and location of the subdivision;
(b) Names and locations of abutting streets and lots identifying street names and lot and block numbers;
(c) Identification of the new lot and block numbers and set back lines;
(d) Graphic scale and true north point;
(e) Monuments;
(f) Dimensions, angles and bearings and complete legal description of the property;
(g) Sufficient surveying data to reproduce any line on the ground;
(h) Location, dimensions, and purposes of any existing easements;
(i) Certification by surveyor certifying to the accuracy of the survey and plat;
(j) Certification signed and acknowledged by all parties holding title or having any title interest in the land subdivided and consenting to the preparation and recording of the plat as submitted.
(3) The plat shall be accompanied by:
(a) Protective covenants in form for recording if such are desired by the subdivider;
(b) For subdivisions adjoining or touching the boundaries of the city's corporate limits; a tract or area for which annexation proceedings have been commenced; an approved subdivision which touches or adjoins the city's corporate limits, a petition signed by the owner or owners requesting annexation to the city may be required.
(c) Utility easements signed by the owner or owners to permit all lots created access to all utilities available in the city, including but not limited to, sanitary sewer, storm sewer, water, electrical, telephone, and cable television.
(Ord. 2006-O-016, passed 5-8-06; Am. Ord. 2012-O-014, passed 6-4-12)