(A) Pre-application. From the standpoint of economy of time and money, it is recommended that the subdivider consult early and informally with the Building Inspector for advice and assistance. This will enable the subdivider to become familiar with these and other regulations as they affect the area and will prevent unnecessary and costly revisions. The subdivider should present a sketch in inexpensive and tentative form showing in a general way the proposed development, the existing conditions within the area proposed for subdivision and of surrounding lands, but this procedure is not mandatory. This shall not require formal application, fee, or filing of a preliminary plat, nor shall it be deemed a preliminary plat.
(1995 Code, § 15-111)
(B) Application and fees.
(1) (a) A subdivider desiring approval of a plat of a subdivision of any land lying within the town shall submit a written application for a certificate of approval and six copies of a preliminary plat and development plans in accordance with division (C) below to the Building Inspector at least 30 days before the meeting at which the Council is expected to consider such application.
(b) Of the copies submitted, the Building Inspector shall forward one copy to each of the following:
1. County Drainage Board;
2. Town Clerk/Treasurer;
3. Any applicable utility company; and
4. County Soil and Water Conservation District.
(c) The above listed agencies or persons shall forward any comments or recommendations concerning such plat to the Building Inspector prior to the date of the meeting at which the Council is expected to consider such application for preliminary plat approval.
(2) The application shall show the manner in which the proposed subdivision is coordinated with the comprehensive plan and its provisions, specifically, with relation to the requirements of the official thoroughfare plan, school and recreation sites, shopping centers, community facilities, sanitation, water supply and drainage, and other developments existing and proposed in the vicinity.
(3) No land shall be subdivided for residential use unless adequate access to the land over approved streets or thoroughfares exists or will be provided by the subdivider, or if such land is considered by the Council to be unsuitable for such use by reason of flooding or improper drainage, objectionable earth and rock formations, topography, or any other feature harmful to the health and safety of potential residents and the community as a whole.
(4) No land shall be subdivided unless the intended use of the individual lot is in conformance with the zoning ordinance, now or hereafter adopted.
(5) At the time of filing an application for approval of the preliminary plat, the application shall be accompanied by an application fee as set from time to time by the Council. The Building Inspector shall surrender the application fee to the Clerk/Treasurer. The application fee shall be nonrefundable.
(6) If the Building Inspector is satisfied that the standards of this section have been met, the Building Inspector shall set a date for a hearing before the Council, giving written notice to the applicant of such hearing.
(a) Not less than 15 days prior to the date set for the hearing, the applicant shall notify, by certified mail, all owners of property lying wholly or partially within 660 feet of the boundaries of the land proposed for subdivision, not to exceed three adjacent properties from such boundaries in any direction. Legal notice shall also be published in a daily newspaper of general circulation not less than 15 days prior to said hearing.
(b) Notices shall state the following:
1. The general location of the proposed subdivision and a legal description of the land contained therein;
2. The preliminary plat of the proposed subdivision is on file and may be examined at the office of the Council; and
3. A public hearing will be held, giving the date, place, and hour of such hearing.
(c) Proof of publication and receipts of mailing of required notices shall be submitted to the Council on or before the date of hearing. The cost of publication shall be borne by the applicant.
(1995 Code, § 15-112)
(C) Preliminary plat, generally.
(1) The preliminary plat shall be prepared in accordance with this section.
(2) The plat shall be drawn at a scale of 50 feet to one inch, except that when the drawing at the scale requires more than one sheet, the plat may be drawn at a scale of 100 feet to one inch. Sheets shall not exceed 24 inches by 36 inches in size.
(3) The plat shall include a location map showing the following:
(a) Location of proposed subdivision;
(b) Existing subdivisions and parcels of land adjacent to the proposed subdivision;
(c) Existing schools, parks, playgrounds, or other similar facilities that will serve the proposed subdivision;
(d) All public thoroughfares up to and including primary thoroughfares established by this chapter, that will serve the proposed subdivision; and
(e) The location of any streets and alleys in the proposed subdivision showing the relationship of the streets to any existing or proposed streets in contiguous subdivisions or undeveloped property to produce the most advantageous development of the entire neighborhood.
(4) A preliminary subdivision plat shall be submitted showing the following:
(a) The proposed name of the subdivision;
(b) Names and addresses of the owner, subdivider, and consulting engineer, land surveyor, or planning firm who prepared the plan;
(c) Legend and notes including the scale, north point, and date;
(d) Tract boundary lines showing dimensions, bearings, angles, and references to section, township, and range lines or corners;
(e) Existing zoning of the tract and all contiguous tracts surrounding the proposed subdivision;
(f) All section and municipal corporate boundaries lying within or contiguous to the tract;
(g) Topographic contours at vertical intervals of one foot if the general slope of the tract is less than 5%, or intervals of two feet if the slope is in excess of 5%. Such contours shall be references to mean sea level elevations;
(h) Layout of lots, showing dimensions and numbers;
(i) Building lines showing dimensions throughout the subdivision;
(j) Parcels of land proposed to be dedicated or reserved for schools, parks, playgrounds, or other public, semi-public or community purposes;
(k) Streets and rights-of-way on and adjoining the site of the proposed subdivision, showing the names, roadway widths, approximate gradients, types and widths of pavements, curbs, and sidewalks;
(l) Existing and proposed easements including the location, width, and purpose of such easements;
(m) Location, size, and capacity of any public sewer and/or water facilities, if such facilities are available;
(n) Ground water levels stated in inches below ground surface and given at points of lowest ground elevation on the tract;
(o) A description of the surface drainage system to an approved outlet, including data showing that such outlet is adequate to accommodate the drainage requirements of the finished subdivision. Arrows designating the general drainage of all streets and lots shall be included; and
(p) If the preliminary plat is to be divided into sections or phases of development, the boundaries and numbers of such sections shall be shown.
(1995 Code, § 15-113)
(D) Approval.
(1) Within 60 days of the public hearing concerning an application for a certificate of approval of a subdivision plat, the Council shall notify the applicant in writing stating whether the preliminary plat is approved or disapproved.
(2) Approval of a preliminary plat shall be subject to the following:
(a) Such approval is strictly tentative, involving merely the general acceptability of the
layout submitted;
(b) The Council may introduce such changes or revisions as are deemed necessary to the best interest and general welfare of the community; and
(c) Approval shall be effective for a maximum period of two years unless, upon application of the applicant, the Council grants an extension. The Council may extend approval of a preliminary plat for a maximum of four years without further notice, public hearing, or fees.
(3) Disapproval of a preliminary plat shall be subject to the following:
(a) If the Council disapproves a preliminary plat application, the Council shall notify the applicant in writing, stating the specific reasons for disapproval;
(b) The original applicant may submit a new application for preliminary approval within two years without responsibility for additional application fees; and
(c) If no reapplication is submitted within two years of the date of disapproval, any subsequent application shall be submitted as an original application.
(1995 Code, § 15-114)
(E) Final plat, generally.
(1) (a) After approval of the preliminary plat by the Council and fulfillment of the requirements of this section, blackline or blueline reproductions of the final plat of the subdivision shall be submitted to the Council along with one reproducible transparency. All plats shall be drawn at the same scale as the preliminary plat and shall be drawn on a sheet 24 inches by 36 inches in size. If the Council approves, it shall place a certification thereof on the reproduced copies.
(b) Upon the final approval of the plat, one copy of the certified plat shall be forwarded to the following persons:
1. County Drainage Board;
2. County Auditor;
3. Any utility company that may be affected;
4. Subdivider or applicant; and
5. File of Council.
(2) The final plat may include all or only a part of the preliminary plat which has received approval.
(3) The following information shall be shown on the final plat:
(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 official monument. 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 tract 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 plat;
(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 notations of the purpose of easements;
(k) Accurate dimensions for any property to be dedicated or reserved for public, semi-public, or community use;
(l) Building lines and dimensions throughout the subdivision;
(m) Location, type, material, and size of all monuments;
(n) Plans and specifications for the improvements required in this section;
(o) Restrictions of all types which will run with the land and become covenants in the deeds for lots;
(p) Name of subdivision;
(q) Name and address of the owner and subdivider;
(r) North point, scale, and date;
(s) Certification of dedication of streets and other public property;
(t) Certification by a registered land surveyor; and
(u) Certificate of approval by the Council.
(1995 Code, § 15-115)
(F) Approval.
(1) Prior to the certification of a plat by the Council, the subdivider shall provide a bond which shall:
(a) Run to the Council;
(b) Be in an amount determined by the Council to be sufficient to complete the improvements and installations in compliance with this section. The subdivider’s engineer shall supply an estimate of the cost of improvements and installations on the project to aid the Council in its determination of the amount of the bond. The engineer’s estimate, however, shall not be binding upon the Council;
(c) Be with surety satisfactory to the Council; and
(d) 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 governmental unit having responsibility for such maintenance, the subdivider shall provide a three-year maintenance bond which shall:
(a) Run to the Council;
(b) Be in an amount equal to 20% of the cost of such improvements and installations as estimated by the Council under division (F)(1)(b) above;
(c) Provide surety satisfactory to the Council;
(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 section and the satisfactory plans and specifications for the subdivision as approved by the Council; and
(e) Provide that for a period of three years after such installations and improvements have been completed or are accepted for public maintenance, by any appropriate governmental unit or agency thereof, which may be necessary by reason of improper workmanship or materials, with such maintenance, however, not to include any damages to such improvements and installation resulting from forces or circumstances beyond the control of the subdivider.
(3) Within 60 days after application for approval of the final plat, if the Council approves the plat, it shall affix its seal upon the plat, together with the signatures of the Council members and attested by the Town Clerk/Treasurer. If the Council disapproves, the Town Clerk/Treasurer shall set forth the reasons for such disapproval in the town records and provide the applicant with written notification setting forth the reasons for disapproval.
(4) No improvement location permit or building permit shall be issued for any structures on any subdivision lots prior to the recording of such subdivision by the County Recorder.
(5) (a) No structure shall be occupied on any subdivision lots prior to the installation and completion of all facilities, including grading, as shown on the development plans and approved by the Council; except that, in the case of an asphalt road surface, the installation of the final surface cost may be postponed until the end of the maintenance period.
(b) The final cost of asphalt shall be installed prior to acceptance of the road for public maintenance.
(1995 Code, § 15-116) Penalty, see § 152.99