(a) The subdivider/applicant shall submit a completed application form and a minor subdivisions plat to the Director of Public Works.
(b) To be considered a Minor Subdivision, the subdivision shall contain not more than five (5) lots in which all lots have frontage on an existing street, not involving any new street or the extension of municipal facilities, of the creation of any public improvements and not in conflict with any provision or portion of the Comprehensive Plan.
(c) If the minor subdivision may be exempted from additional scrutiny if it meets the following criteria. it must (1) involve the movement of lot lines in contiguous property owned by the same party, (2) involve the combination of contiguous lots owned by the same party into a single lot, or (3) involve the splitting of a property (which may include multiple contiguous lots) into two properties with one of the new properties remaining in the possession of the original owner and the other new being acquired by a family member. In such cases, the Public Works Director is empowered to administratively approve the request based upon the information from the application form and the preliminary plat. The Public Works Director shall then inform the Planning Commission of the action at its next scheduled meeting.
(d) For non-exempt minor subdivisions, if the preliminary plat meets all necessary requirements, then it shall be deemed a final plat and may be approved by the Director of Public Works. If approved, the Director of Public Works shall set a date, time, and place for a public hearing before the Planning Commission, notify the applicant in writing of the public hearing, and notifying the general public. Notice of the public hearing shall be made by the City Clerk by Class I legal advertisement in a newspaper of general circulation in the City at least twenty-one (21) days prior to the date set for the hearing. Due notice of the hearing shall additionally be mailed at the same time as the advertisement to owners of properties abutting the subject property and/or located within 200 feet of the subject property.
If the preliminary plat is not approved by the Director of Public Works, the applicant shall submit the plat to the Planning Commission on appeal.
(e) If the subdivider/applicant has satisfactorily completed the requirements of the preliminary plat and a bond acceptable to the City has been posted, then the Director of Public Works may recommend to the Planning Commission that final approval of the final plat be granted. The exhibits required under Section 1375.04 must be filed with the Director of Public Works.
(f) The approving action of the Planning Commission shall be noted on the plat and all copies. One copy shall be returned to the subdivider, one copy sent to the City Code Enforcement Officer, and one copy retained by the Commission.
(g) Recording of Final Plat. After approval of the final plat, such plat shall be recorded in the office of the County Clerk within thirty (30) days after such approval. The Planning Commission may grant an extension of time if there are unusual circumstances.
(h) Offer of Dedication. Recording of the final plat shall have the effect of an irrevocable offer to dedicate all streets and other public ways shown thereon to public use, unless a notation is placed on the final plat by the subdivider stating that there is no offer of dedication, and an irrevocable offer to dedicate or reserve as specified on the plat lands for parks, schools or other public purpose. Recording of the plat, however, shall not impose any duty on the City concerning the improvement or maintenance of any such dedicated street or lands, until the proper authorities of the City have made actual appropriation of the same by legal action. Where improvements were constructed in territory prior to its annexation into the City and prior to the acceptance by the City of any offer of dedication of improvements, the offer or shall provide, at his expense, a certificate by a professional engineer as to the compliance with the City’s and all other applicable standards of the offered streets, public ways and infrastructure improvements.
(i) No property can be part of a non-exempt minor subdivision more than once any twenty-four (24) month period. (Ord. 494. Passed 12-7-20.)