A parcel of land that was in a single ownership on the effective date of this chapter shall be divided as a major subdivision if it contains six or more lots, including the balance of the original tract counting as one lot. Further, a major subdivision shall be required if a parcel was previously divided as a minor subdivision and is being further divided, or if new street(s) are being created.
(A) Sketch plan. Prior to the submission of a preliminary subdivision plat, the subdivider is encouraged to submit a sketch plan and a soils report and consult informally with the Plan Commission. This will enable the subdivider to become familiar with the general requirements and conditions which might affect the subdivision and thus avoid unnecessary revisions. The sketch plan should be in a tentative form with sufficient detail provided for review and comments.
(B) Preliminary plat. A preliminary plat and an application shall be submitted to the Plan Commission for a major subdivision. The preliminary plat shall be on a 24-inch by 36-inch sheet and at a scale of adequate size to be clearly legible and in no case less than one inch equals 100 feet. The following information shall be provided on the plat or as supporting data: (See § 155.096 of this chapter for a sample application.)
(1) The parcel proposed for subdividing encompassing all contiguous parcels of property owned by or under the control of the subdivider;
(2) Proposed name of subdivision;
(3) Complete legal description including section, range, township, county and Town;
(4) Name and address of subdivider;
(5) Name, address and registration number of surveyor;
(6) Scale, graphic bar scale, north point and date;
(7) Boundary line of subdivision;
(8) Existing zoning of proposed subdivision;
(9) Existing topographic, contours at vertical intervals of five feet or less. United States Geological Survey data may be used;
(10) All existing permanent features, either natural or manmade that may influence the design of the subdivision, such as watercourses, tree groves, swamps, outstanding natural topographic features, power transmission towers, sewers, water mains, utility lines and fire hydrants. Where underground utilities exist within or adjacent to the tract, the approximate location, size and direction of flow shall be indicated;
(11) Location, width and names of all existing or prior platted streets, utility rights-of-way, permanent easements, section and corporate lines, on or within 200 feet of the subdivision;
(12) The layout of all proposed and existing lots with appropriate dimensions including the minimum lot area in square feet for the smallest lot(s) in the subdivision and the proposed front yard setback lines;
(13) Additional dedication proposed for existing roadways;
(14) Street layout, proposed right-of-way, cross-sections of roadways, proposed easements dimensioned and the specific use indicated;
(15) Proposed common areas for subdivision property owners use; proposed areas intended for dedication for public use;
(16) A soils report from the County Soil and Water Conservation District, indicating the degree of limitation on the soil of the proposed subdivision;
(17) Existing street pattern for a one-half mile area adjacent to the subdivision and the manner in which the streets within the proposed subdivision can be tied in with existing streets;
(18) A drainage plan showing the natural watercourse, marshes and the like; existing drainage facilities, culverts and the like; proposed contours and subdivision grading plan; and the proposed drainage plan for the subdivision and analysis of existing drainage facilities to nearest watercourse, showing culverts, retention ponds and the like;
(19) An engineering feasibility report including the following:
(a) The feasibility of connecting to an existing sewerage system and water supply. This portion of the study shall include the distance to the nearest public sewer, its capacity and present load, and its capacity to handle the additional sewage load created by the subdivision. The same information shall be submitted for water supply; and
(b) A study of the storm water drainage for the area, a method of dispersion or retention and adequacy of downstream facilities. This study shall give consideration to both water entering the subdivision from adjacent land and water within the boundaries of the subdivision.
(20) A preliminary engineering report on the type of street construction, all in accordance with the specifications and standards of this chapter.
(C) Final plat.
(1) Application for the final approval of a subdivision plat shall not be filed until the preliminary plat and supporting data has received final Plan Commission action and the preliminary plat amended in accordance with and to meet all Plan Commission requirements. (See § 155.097 for a sample form.)
(2) If a subdivision is to be constructed in phases, the subdivider may request final plat approval for all or any portion of the approved preliminary plat; provided, however, that, submission of a final plat covering only a portion of the area contained in the approved preliminary plat may be permitted only after consideration of the effect of the continuity of roads, utilities and services.
(3) The subdivider shall submit the original final ink drawing on 24-inch by 36-inch vellum, linen or Mylar film at a scale no less than one inch equals 100 feet. The final plat shall include:
(a) Name of subdivision;
(b) Location by section, township, range, county and Town, and a complete legal description of the property being platted;
(c) The name and certification of land surveyor preparing or certifying the plat (§ 155.085 of this chapter);
(d) Scale show, graphically and numerically, date and north point;
(e) Boundary of plat, based on an accurate traverse, with angular and lineal dimensions;
(f) Exact location, width and name of all streets within and adjoining the plat, and the exact location and width of all alleys and crosswalks within the plat;
(g) True angles and distances to the nearest established street lines or official monuments, which shall be accurately described in the plat. Also the locations of the subdivision cornerpoints and the location at the elevation benchmarks;
(h) Municipal, township, county or section lines, or previously platted land accurately tied to the lines of the subdivision by distances and angles;
(i) Radius angle of intersection, tangent length, length of curve, P.C.s and P.T.s, radii, internal angles, points and curvatures, tangent bearings and length of all arcs;
(j) All easements for rights-of-way provided for public services and utilities;
(k) All lot numbers and lines with accurate dimensions in feet and hundredths;
(l) Accurate location of all monuments;
(m) Accurate outlines of any area other than public ways, to be dedicated or reserved for public or semi-public use, with the purposes indicated thereon; and for any areas to be reserved for use of all property owners;
(n) Building setbacks, accurately shown with dimensions which are not in conflict with Ch. 156 of this code of ordinances;
(o) Acknowledgment, by owner, as required by law of the adoption of the plat and the dedication of streets, or other public areas, and utility and drainage easements (§ 155.087 of this chapter);
(p) Each final plat submitted to the Commission for approval shall carry a certificate of ownership signed by the owner (§ 155.086 of this chapter);
(q) A notarized statement indicating that the applicant is the owner of the land to be subdivided and that the subdivision shown on the recording plat is made with his or their free consent (§ 155.086 of this chapter);
(r) Proper form for the acceptance of dedications by the Town Council (§ 155.088 of this chapter);
(s) Proper form for the approval of the Plan Commission (§ 155.089 of this chapter); and
(t) Restrictive covenants regulating the use and development of the lots may be lettered on the final plat or made a part thereof, subject to the approval of the Commission.
(D) Financial guarantees.
(1) Financial guarantees shall be prerequisite to the Plan Commission action on the application for final plat approval. The Commission shall approve the final plat for record only after notice has been received from the Town Council that there has been filed with and approved by said Town Council one of the following:
(a) 1. A certification to the effect that the streets, sewers, water, monuments and other utilities and facilities that have been required as a precedent to approval have been accepted for maintenance, and have been graded, improved and installed in accordance with specifications of this chapter (§ 155.094 of this chapter); and
2. Acceptance of said improvements is conditional and is based upon the posting of a maintenance bond (§ 155.092 of this chapter) with said Town Council, the period of time to be determined by said Town Council, but not less than one year, with the subdivider or some other person satisfactory to the Town Council as principal, which shall:
a. Run to the Town;
b. Be in an amount equal to 25% of the cost, as estimated by the Town Council, of all improvements and installations as required by this chapter;
c. Be with surety satisfactory to the Town 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 chapter and the satisfactory plans and specifications therefor submitted and satisfactory to the Plan Commission and the Town Council; and
e. Provide that for a period of not less than three years after said installations and improvements have been completed or are accepted for public maintenance by the Town Council, the applicant will at his 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, but not including damage to said improvements and installations resulting from forces or circumstances beyond the control of said applicant or occasioned by the inadequacy of the standards, specifications or requirements of this chapter.
(b) A performance bond (§ 155.090 of this chapter) is posted with the Town Council:
1. Run to the Town Council;
2. Be in an amount equal to 100% of the cost, as estimated by the Town Council, of all improvements and installations as required by this chapter, excluding, however, the cost of any said required improvements and installations which have been constructed, installed and completed in compliance with the requirements of this chapter prior to the providing of this bond and for which sufficient written proof of such construction, installations and completion has been furnished the Town Council;
3. Be with surety satisfactory to the Town Council; and
4. Run until and terminate 60 days after the filing with the Commission of the completion affidavit obtained from the Board of County Commissioners.
(c) Cash bond or other negotiable securities acceptable and assigned to the Town Council is posted with said Town Council in lieu of the performance bond.
(2) Any funds received from the financial guarantees required by this chapter shall be used only for the purposes of making the improvements, installations or repair for which said guarantees were provided, in accordance with the standards specifications and requirements of this chapter.
(3) Upon the acceptance of said improvements and installations by the Town Council, the applicant shall obtain a completion affidavit, from said Town Council stating that the required improvements and installations have been installed in compliance with the specifications of this chapter and have been accepted for public maintenance by said Town Council, subject to the terms of the maintenance bond provided by the applicant, and shall file said completion affidavit with the Town Council.
(Ord. passed - -)