A. Applicability: These regulations apply to all "subdivision of land", as defined in section 11-2-1 of this title, located within the corporate limits of the city.
B. Plat Approval Required: No land may be subdivided through the use of any legal description other than with reference to a plat approved by the city council in accordance with these regulations.
C. Prior Subdivisions:
1. The city council also shall have the authority to review and approve, conditionally approve or disapprove the sale, lease or development of lands subdivided prior to or following the effective date hereof, as follows:
a. The plat of the subdivided land was recorded without the prior approval of the city council or the mayor, whether or not prior approval was required at the time the land was subdivided and the plat contains contiguous lots in common ownership where one or more of the lots is undeveloped, whether the lots are owned by the original subdivider or an immediate or remote grantee from the original subdivider;
b. The plat of the subdivided land has been of record for more than five (5) years, was not approved after the effective date hereof, and contains contiguous lots in common ownership where one or more of the contiguous lots are undeveloped, whether the lots are owned by the original subdivider or an immediate or remote grantee from the original subdivider;
c. The plat has been of record for more than five (5) years, was approved after the effective date hereof, and contains contiguous lots in common ownership where one or more of the contiguous lots is undeveloped and one or more is nonconforming under the zoning ordinance, whether the lots are owned by the original subdivider or an immediate or remote grantee from the original subdivider;
d. The original subdivider or his successor failed to complete subdivision improvement requirements and the plat contains contiguous lots in common ownership where one or more of the contiguous lots is undeveloped, whether the lots are owned by the original subdivider or an immediate or remote grantee from the original subdivider; except that this subsection shall not apply if the city has obtained possession of sufficient funds from security provided by the subdivider with which to complete construction of improvements in the subdivision.
2. Whenever the jurisdiction of the city council extends to one of the situations described in subsection C1 of this section, only the sale, lease, transfer or development of an undeveloped lot or lots contiguous to a lot or lots in common ownership shall be subject to these regulations.
D. Plans And Plats; Filing: No land described in this section shall be subdivided or sold, leased, transferred or developed until each of the following conditions has occurred in accordance with these regulations:
1. The subdivider or his agent has submitted a conforming concept plan of the subdivision to the planning commission; and
2. The subdivider or his agent has obtained approval of the concept plan, a preliminary plat when required, and a final plat with all required signatures; and
3. The city files the approved plats with the county recorder.
E. Conformance Required: No building permit or certificate of occupancy shall be issued for any parcel or plat of land created by subdivision after the effective date hereof, and not in conformity with the provisions of these subdivision regulations, and no excavation or grading of land or construction of any public or private improvements shall take place or be commenced, except in conformity with these regulations. (Ord. 2007-05, 5-16-2007)