There shall be no subdivision of any tract of land, nor shall any improvements in conjunction with the subdivision of land be constructed except in accordance with the procedural provisions of this Chapter. It is the sole responsibility of the Subdivider to comply with all procedural requirements.
(a) Submission of Plats. All Preliminary and Final Plats of proposed subdivisions within the City and such of its environs as come under the City's three-mile area of jurisdiction, shall be submitted to the Planning Commission or Staff, as applicable, for review and approval or disapproval as provided for herein. The date of submission of a subdivision plat shall be the date following receipt of comments from review agencies when the plats and other documentation is submitted to the Commission at a regular monthly meeting. The Final Plat submission shall occur not more than three (3) years following the date of approval of the Preliminary Plat. Failure to submit the Final Plat within this time period shall cause the approval of the Preliminary Plat to become null and void unless an extension of time is requested by the Subdivider and granted by the Commission.
(b) Transmittals. The Staff shall, immediately following receipt, transmit copies of all Subdivision Plats to the City Engineer and such other agencies as may be applicable for review.
(c) Review by County Agencies. For Subdivision Plats outside the City but within the City's three-mile area of jurisdiction, copies of plats shall also be submitted to the County Planning Commission, the County Engineer, the County Health Department, the County Water and Sewer District, and the County Soil and Water Conservation District, as may be applicable for review.
(d) Approvals or Permits from Governmental Agencies and Utility Companies. In all cases where approvals or permits are required by County, State or Federal Agencies, or utility companies, proper certification of such approval or copies of permits issued shall be required to be submitted by the Subdivider to the Planning Commission prior to Final Plat approval. Approval may be granted conditional upon the receipt of required approval or permits, where proof of application for such is presented to the Commission. The Subdivider shall submit certification of approval or copies of required permits to the Commission prior to the granting of final unconditional approval.
(e) Date of Submission. The Subdivision Plat including all required documentation shall be submitted to the Planning Commission for review where such plat is received by the Staff at least two (2) weeks prior to a regularly scheduled Commission meeting. Plats received by the Staff less than two (2) weeks prior to a Commission meeting shall not be submitted to the Commission at that meeting, but will be submitted for review at the succeeding meeting.
(f) Commission Action. The Planning Commission shall approve, disapprove or conditionally approve each Preliminary or Final Plat within forty-five (45) days of the date of submission. The Subdivider shall be properly notified in writing by certified or registered mail within fifteen (15) days of such official action. Extensions of the forty-five (45) day review period may be granted if agreed upon in writing by the Subdivider and the Commission.
(g) Conditional Approval. The Planning Commission may grant approval of a Subdivision Plat subject to the satisfaction of certain conditions to be stated in the notice of approval. Such conditionally approved plats shall not be deemed as approved until the conditions are met and the plat is signed. The Subdivider shall satisfy all plat conditions within ninety (90) days or such conditional approval shall become null and void. Extensions of the ninety (90) day period may be granted if agreed to in writing by the Subdivider and the Commission.
(h) Approval Signatures. The unconditional approval of the Commission shall be noted on the plat by the signature of the Chairman of the Planning Commission and/or his designee as agreed upon by the Commission. No signatures shall be placed on any conditionally approved plat until all conditions have been met.
(i) Acceptance of Dedication Offers. The approval of any Subdivision Plat by the Planning Commission or Staff, as applicable, shall not be deemed to constitute or imply the acceptance of public improvements by the City, County or Township, as may be applicable in a given case. Acceptance of formal offers of dedication for public improvements shall be only by ordinance, resolution or deed of the City or other applicable governmental body.
(j) Tentative Approval of Preliminary Plat. Approval of the Preliminary Plat by the Planning Commission constitutes tentative approval only and shall not authorize the Subdivider to record the plat as an approved subdivision. Approval of the Preliminary Plat shall become null and void if submission of the Final Plat does not occur within three (3) years of the date of approval of the Preliminary Plat.
(k) Recording of Approved Final Plat. At the time the Subdivider presents the Final Plat of a Major Subdivision for review, such Subdivider shall file with the Planning Commission a certified check or cashier's check payable to the Jefferson County Recorder of Deeds, sufficient to cover the charges of recording the plat if and when approved. In the event of approval, and after the affixing of all required signatures, the Staff shall cause the plat to be recorded and pay the charges for the same with the check filed by the Subdivider. If not approved, the check will be returned.
(l) Failure of Commission to Render Decision. Failure of the Planning Commission to render a decision and communicate it to the Subdivider within the time and in the manner required by this Chapter shall be deemed an approval of the Subdivision Plat submitted in the terms as presented unless the Subdivider has agreed in writing to an extension of time or change in the prescribed manner of presentation of communication of the decision, in which case failure to meet the extended time or change in the manner of presentation of communication shall have like effect.
(m) Alteration of Requirements. Where it is alleged that any provision(s) of these Subdivision Regulations may be unnecessary or may inflict undue hardship upon the Subdivider, the Planning Commission shall hear requests for alterations of such provision(s) of these Regulations. The approval of an alteration shall not have the effect of nullifying the intent of these Regulations, but shall provide relief from practical difficulties which may result from strict enforcement of such. The Commission may grant an alteration provided that the following policies are considered where relevant in given case:
(1) A lack of opportunity to obtain the maximum profit from the sale or use of property does not itself constitute grounds for relief by action of the Commission.
(2) Personal relationships in the use and ownership of property are of relatively brief duration and do not belong in considerations of long-term improvement of and protection to the community.
(3) The granting of relief will not be detrimental to the public health, safety or welfare.
(4) The relief, if authorized, will represent the minimum alteration that will afford relief and will represent the least modification possible of the regulation in issue.
In approving any alteration of these Regulations, the Commission may require such conditions which shall secure the objectives and purposes of such. A petition for any such alteration shall be submitted in writing by the Subdivider at the time when the Preliminary or Final Plat is submitted for review. The petition shall fully state the grounds and all facts relevant to the hardship.
(n) Appeal of Staff Decisions. It is the intent of these Regulations to expedite the process of reviewing Subdivision Plats by granting discretionary powers to the Staff. Anyone aggrieved by a decision of the Staff shall have the right to have such decision reviewed and reversed, affirmed or modified by the Planning Commission at their next regularly scheduled meeting.
(o) Fees. The following fees shall be paid by the Subdivider by certified check or cashier's check payable to the Planning and Zoning Commission in the manner prescribed herein.
(1) Processing Fee for Subdivision Plats.
A. Preliminary Subdivision Plat (where applicable): $25.00 plus $2.50 per lot or parcel
B. Final Subdivision Plat (where preceded by a required Preliminary Plat): $15.00 plus $1.00 per lot or parcel
C. Final Subdivision Plat (where Preliminary Plats are not required): $25.00 plus $2.50 per lot or parcel
(2) Fee for Alteration of Requirements and Appeal of Staff Decisions. Fees for a request for alteration of requirements or an appeal of a decision of the Staff shall be fifty dollars ($50.00).
(3) Recording Fee. Following final approval, all plats shall be recorded with required fees made payable to the Jefferson County Recorder of Deeds in accordance with the procedures established herein for the type subdivision plat. (Ord. 2011-71. Passed 10-11-11.)