§ 153.21  PROCEDURE.
   A subdivider desiring approval of a plat of a subdivision of any land lying within the jurisdiction of the Commission, shall submit a written application therefor to the Commission. Such application shall be accompanied by the information, requirements and plans set forth in Steps 1, 2, 3 and 4 below (in divisions (A), (B), (C) and (D) below).
   (A)   Step 1: Preliminary Plat for Subdivision.
      (1)   The owner or subdivider shall provide a preliminary plan for the subdivision, which shall show the manner in which the proposed subdivision is coordinated with the Master Plan and its provisions, specifically with relation to the requirements of the Official Thoroughfare Plan; school and recreational sites; shopping centers; community facilities; sanitation, water supply and drainage, and other developments, existing and proposed, in the vicinity; provided, however, that no land shall be subdivided for residential use unless adequate access to the land over improved streets or thoroughfares exists or will be provided by the subdivider, or if such land is considered by the Commission to be unsuitable for such use by reason of flooding or improper drainage, objectionable earth and rock formation, topography, or any other feature harmful to the health and safety of possible residents and the community as a whole.
      (2)   The subdivider shall provide the following:
         (a)   Location map (which may be prepared by indicating the data by notations on available maps) showing:
            1.   Subdivision name and location;
            2.   Any thoroughfares related to the subdivision;
            3.   Existing elementary and high schools, parks and playgrounds serving the area proposed to be subdivided, and other community facilities; and
            4.   Title, scale, north point and date.
         (b)   A preliminary plat showing:
            1.   Proposed name of the subdivision;
            2.   Names and addresses of the owner, subdivider or the city planner, land planning consultant, engineer or surveyor, who prepared the plan;
            3.   Streets and rights-of-way, on and adjoining the site of the proposed subdivision, showing the names (which shall not duplicate other names of streets in the community, except as designated by the Commission) and including roadway widths, approximate gradients, types and widths of pavement, curbs, sidewalks, cross-walks, tree planting and other pertinent data;
            4.   Easements: locations, widths and purposes;
            5.   Statement concerning the location and approximate size or capacity of utilities to be installed;
            6.   Layout of lots, showing dimensions and numbers;
            7.   Parcels of land proposed to be dedicated or reserved for schools, parks, playgrounds or other public, semi-public or community purposes;
            8.   Contours at vertical intervals of two feet if the general slope of the site is less than 10% and at vertical intervals of five feet if the general slope is greater than 10%;
            9.   Ground water levels stated in inches below ground surface and given at points of lowest ground elevation;
            10.   Tract boundary lines showing dimensions, bearings, angles and references to section, township and range lines or corners;
            11.   Building lines;
            12.   Legend and notes;
            13.   Other features or conditions which would affect the subdivision favorably or adversely; and
            14.   Scale, north point and date. (The preliminary plat of the subdivision shall be drawn to a scale of 50 feet to one inch, or 100 feet to one inch; provided, however, that if the resulting drawing would be over 36 inches in shortest dimension, a scale as recommended by the Commission may be used.)
         (c)   A description of the protective covenants or private restrictions to be incorporated in the plat of the subdivision.
      (3)   The application shall be accompanied by a certified check or money order made payable to the town in the amount of $200, plus $10 for each lot in the proposed subdivision. No part of this fee shall be returnable.
   (B)   Step 2: Preliminary Plat Approval.
      (1)   After an application for approval of a plat of a subdivision, together with two copies of all maps and data, has been filed, and within 90 days from the date of application for approval of a preliminary plat of a subdivision, or the filing by the applicant of the last item of required supporting data, whichever is later, the Commission shall review the preliminary plat and give its acceptance or return the plat to the subdivider with suggestions for changes. No application will be considered at a meeting unless it has been filed with the Commission at least ten days before the date of such meeting.
      (2)   After the Commission has given acceptance, it shall set a date for a hearing, notify the applicant in writing, and notify by general publication or otherwise, any person or governmental unit having a probable interest in the proposed plat. The cost of publication of the notice of hearing shall be met by the applicant.
      (3)   Following the hearing on the preliminary plat, the Commission will notify the applicant in writing that it has approved the preliminary plat and is ready to receive the final plat, or will advise the applicant of any further changes in the preliminary plat which are desired or should have consideration before approval will be given.
   (C)   Step 3: Final Plat. The final plat shall meet the following specifications.
      (1)   The final plat may include all or only a part of the preliminary plat which has received approval.
      (2)   The original drawing of the final plat of the subdivision shall be drawn to a scale of 50 feet to one inch, provided that if the resulting drawing would be over 36 inches in shortest dimension, a scale of 100 feet to one inch may be used. Three black or blue line prints shall be submitted with the original final plat, or, in order to conform to modern drafting and reproduction methods, three black line prints and a reproducible print shall be submitted.
      (3)   The following basic information shall be shown:
         (a)   Accurate boundary lines, with dimensions and angles, which provide a survey of the tract, closing with an error of not more than one foot in 5,000 feet;
         (b)   Accurate distances, and directions to the nearest established street corners or official monuments. Reference corners shall be accurately described on the plan;
         (c)   Accurate locations of all existing and recorded streets intersecting the boundaries of the tract;
         (d)   Accurate metes and bounds description of the boundary;
         (e)   Source of title of the applicant to the land as shown by the last entry in the books of the County Recorder;
         (f)   Street names;
         (g)   Complete curve notes for all curves included in the plan;
         (h)   Street lines with accurate dimensions in feet and hundredths of feet, with angles to street, alley and lot lines;
         (i)   Lot numbers and dimensions;
         (j)   Accurate locations of easements for utilities and any limitations on such semi-public or community use;
         (k)   Accurate dimensions for any property to be dedicated or reserved for public, semi-public or community use;
         (l)   Building lines and dimensions;
         (m)   Location, type, material and size of all monuments and lot markers;
         (n)   Plans and specifications for the improvements required in this chapter;
         (o)   Restrictions of all types which will run with the land and become covenants in the deeds for lots;
         (p)   Name of the subdivision;
         (q)   Name and address of the owner and subdivider;
         (r)   North point, scale and date;
         (s)   Certification by a registered professional engineer or registered land surveyor;
         (t)   Certification of dedication of streets and other public property;
         (u)   Certificate for approval by the Commission; and
         (v)   Certificate for approval by the Board of County Commissioners, if required.
   (D)   Step 4: Final Plat Approval.
      (1)   When the final plat is submitted to the Commission, it shall be accompanied by a notice from the Board, stating that there has been filed with and approved by that body, one of the following:
         (a)   A certificate that all improvements and installations for the subdivision required for its approval have been made or installed in accordance with specifications; or
         (b)   A bond which shall:
            1.   Run to the Board;
            2.   Be in an amount determined by the Commission to be sufficient to complete the improvements and installations in compliance with this chapter;
            3.   Be with surety satisfactory to the Commission; and
            4.   Specify the time for the completion of the improvements and installations.
      (2)   Upon the completion of the improvements and installations required of a subdivider for the approval of a final plat, and prior to the acceptance thereof for public maintenance by the Board or, if applicable, to any other governmental unit, the subdivider shall provide a three-year maintenance bond which shall:
         (a)   Run to the Board and, if applicable, to any other governmental unit having a legal responsibility for the maintenance of said improvements and installations;
         (b)   Be in an amount equal to 20% of the cost of said improvements and installations as estimated by the Board;
         (c)   Provide surety satisfactory to the Commission;
         (d)   Warrant the workmanship and all materials used in the construction, installation and completion of said improvements and installations to be of good quality and have been constructed and completed in a workmanlike manner in accordance with the standards, specifications and requirements of this chapter and the satisfactory plans and specifications therefor; and
         (e)   Provide that for a period of three years after said installations and improvements have been completed or are accepted for public maintenance by any appropriate governmental unit or agency thereof, the subdivider will at his or her own expense make all repairs to said improvements and installations, or the foundations thereof, which may become necessary by reason of improper workmanship or materials, with such maintenance, however, not to include any damage to said improvements and installations resulting from forces or circumstances beyond the control of said subdivider or occasioned by the inadequacy of the standards specifications, or requirements of this chapter.
      (3)   Within a reasonable time after application for approval of the final plat, the Commission shall approve or disapprove it. If the Commission approves, it shall affix the Commission’s seal upon the plat, together with the certifying signature of its President and Secretary. If it disapproves, it shall set forth the reasons for such disapproval in its own records and provide the applicant with a copy,
(Ord. 478, passed 5-5-1970; Ord. 95-610, passed 10-4-1995)