§ 154.05 ADMINISTRATION AND ENFORCEMENT.
   (A)   City officials.
      (1)   City Secretary. The City Secretary shall act as the ex officio secretary for the City Council responsible for processing plans and plats, referring such to the City Director of Community Development, City Director of Public Works, City Engineer, and City Attorney for review, filing required legal notices, and notifying adjacent property owners affected by plans and plats that are submitted to the city. The City Secretary shall file all final plats in the County Clerk's office on behalf of the city, when authorized by the Council. The City Secretary shall be a permanent city staff employee in conformance with city policies and procedures.
      (2)   City Attorney. The City Attorney shall be responsible for preparing all legal forms, certificates, and other legal documents identified elsewhere in this chapter, except those which are to be furnished by the Applicant. He or she shall approve the content and form of any required legal document associated with the subdividing and platting of land prior to the approval and execution by the City Council.
      (3)   City Director of Community Development. The City Director of Community Development along with the City Director of Public Works and the City Engineer shall be responsible for reviewing and making recommendations to the Planning and Zoning Commission and the City Council on all plans and plats; approving all construction development plans and specifications, and related supporting documents (other than those described in division (A)(2) above).
      (4)   City Director of Public Works. The City Director of Public Works, along with the City Director of Community Development and the City Engineer, shall be responsible for reviewing and making recommendations to the Planning and Zoning Commission and the City Council on all plans and plats; approving all construction development plans and specifications, and related supporting documents (other than those described in division (A)(2) above); and approving the installation of all public improvements in the subdivision prior to acceptance by the city.
      (5)   City Engineer. The City Engineer, along with the City Director of Public Works and the City Director of Community Development, shall be responsible for reviewing and making recommendation to the Planning and Zoning Commission and the City Council on all plans and plats; approving all construction development plans and specifications, and related supporting documents (other than those described in division (A)(2) above); and approving the installation of all public improvements in the subdivision prior to acceptance by the city.
      (6)   City Planning and Zoning Commission. The City Planning and Zoning Commission is authorized by the City Council to review plans and plats submitted to the city for approval. The Planning and Zoning Commission shall be responsible for reviewing and approving all plans and plats and supporting documents and making recommendations to the City Council.
      (7)   City Council. The City Council shall be responsible for reviewing and approving all plans and plats and supporting documents. The Council shall adopt rules and regulations governing the submittal and review of plans and plats which govern its action, consistent with the provisions of this chapter, and file same in the office of the City Secretary. The City Council shall give final approval on all final plans and plats. The Council shall approve final acceptance of work done in the subdivision or land development relating to streets, utilities, drainage, and other public features, upon the recommendation of the City Planning and Zoning Commission, along with the Director of Public Works and City Engineer.
   (B)   Filing fees and applications. Whenever any plan or plat, including a preliminary plan, short form, or final plat, or request for street, alley, easement, or plat vacation, is filed with the City Secretary's office, the application (on city forms) shall be accompanied by a filing fee, stipulated by a City Council resolution establishing the fees, to cover the approximate costs borne by the city with respect to processing plans and plats (i.e., legal notice publications; property owner mailing notices; planning, engineering, and legal reviews). The City Secretary shall not accept any plan or plat unless the completed application and filing fee has been submitted along with the plan or plat.
      (1)   All applications to the city for the approval of a proposed plan or plat at any stage submitted to the city shall be accompanied by a filing fee of $500. Applicants shall also furnish to the city additional fees as determined by the city in conformance with the following schedule and the city shall not act upon any plan or plat submitted to it unless all fees as provided herein have been received and certified by the city.
         (a)   Preliminary plans.
            1.   Seven dollars per designated lot, tract, or building site designed for residential purposes or dwelling units where lots are not designated on the plat; and
            2.   Fifteen dollars per acre or any fraction thereof for tracts, blocks, or areas not divided into lots and to be used for commercial, industrial, multiple dwellings, or unrestricted uses.
            3.   The city fees for the submission of the preliminary plans are summarized below.
 
Preliminary Plan Fees
Designated lot for residential purposes
$7 per lot
Tract designated for residential purposes
$15 per tract
Building site designated for residential purposes
$15 per building site
Building site designated for dwelling units not designated on the plat
$15 per building site
Tracts (not divided into lots and to be used for commercial, industrial, multiple dwellings or unrestricted uses)
$15 per acre or fraction thereof
Blocks (not divided into lots and to be used for commercial, industrial, multiple dwellings or unrestricted uses)
$15 per acre or fraction thereof
 
         (b)   Final plats.
            1.   Seven dollars per designated lot, tract, or building site designated for residential
purposes or dwelling units where lots are not designated on the plat; and
            2.   Fifteen dollars per acre or any fraction thereof for tracts, blocks, or areas not divided into lots and to be used for commercial, industrial, multiple dwellings, or unrestricted uses.
            3.   The city fees for the submission of the final plats are summarized below.
 
Final Plats Fees
Designated lot for residential purposes
$7 per lot
Tract designated for residential purposes
$15 per tract
Building site designated for residential purposes
$15 per building site
Building site designated for dwelling units not designated on the plat
$15 per building site
Tracts (not divided into lots and to be used for commercial, industrial, multiple dwellings or unrestricted uses)
$15 per acre or fraction thereof
Blocks (not divided into lots and to be used for commercial, industrial, multiple dwellings or unrestricted uses)
$15 per acre or fraction thereof
 
         (c)   Replat.
            1.   Seven dollars per designated lot, tract, or building site designated for residential purposes or dwelling units where lots are not designated on the plat; and
            2.   Fifteen dollars per acre or any fraction thereof for tracts, blocks, or areas not divided into lots and to be used for commercial, industrial, multiple dwellings, or unrestricted uses.
            3.   The city fees for the submission of replats are summarized below.
 
Re-Plat Fees
Designated lot for residential purposes
$7 per lot
Tract designated for residential purposes
$15 per tract
Building site designated for residential purposes
$15 per building site
Building site designated for dwelling units not designated on the plat
$15 per building site
Tracts (not divided into lots and to be used for commercial, industrial, multiple dwellings or unrestricted uses)
$15 per acre or fraction thereof
Blocks (not divided into lots and to be used for commercial, industrial, multiple dwellings or unrestricted uses)
$15 per acre or fraction thereof
 
         (d)   Amended plat.
            1.   Seven dollars per designated lot, tract, or building site designated for residential
purposes or dwelling units where lots are not designated on the plat; and
            2.   Fifteen dollars per acre or any fraction thereof for tracts, blocks, or areas not divided into lots and to be used for commercial, industrial, multiple dwellings, or unrestricted uses.
            3.   The city fees for amending a recorded plat are summarized below.
 
Amended Plat Fees
Designated lot for residential purposes
$7 per lot
Tract designated for residential purposes
$15 per tract
Building site designated for residential purposes
$15 per building site
Building site designated for dwelling units not designated on the plat
$15 per building site
Tracts (not divided into lots and to be used for commercial, industrial, multiple dwellings or unrestricted uses)
$15 per acre or fraction thereof
Blocks (not divided into lots and to be used for commercial, industrial, multiple dwellings or unrestricted uses)
$15 per acre or fraction thereof
 
         (e)   Vacation of subdivisions.
            1.   Twenty-five dollars filing fee; and
            2.   Fifteen dollars per acre (gross area of whole tract) or any fraction thereof.
         (f)   General overall plans and street dedications.
            1.   General overall plans. Three hundred dollars filing fee when plan is submitted separately and not part of a preliminary or final plat;
            2.   Construction drawings and specifications. Five hundred dollars filing fee; and
            3.   Street dedication plats. Twenty-five dollars filing fee plus $15 per acre (gross area of street right-of-way being dedicated) or any fraction thereof.
      (2)   In addition to the filing fees referenced herein, the city may require the Applicant to submit a payment to the city to be held in escrow and applied to reviews of the plan or plat or feasibility studies by city staff of the economic impact on the city of the proposed land development in accordance with applicable city ordinances.
      (3)   The city shall receive all the fees; and the City Secretary shall certify and receipt all the fees in triplicate. The City Secretary shall retain two copies for the city files and one copy shall be furnished to the applicant.
   (D)   Effect of approval ofplans and plats.
      (1)   Staff review. No plans and/or plats of any part or at any stage of a proposed subdivision shall be reviewed or approved by the City Council until the plat and/or plan has been reviewed by the City Director of Community Development, City Director of Public Works, City Engineer and City Planning and Zoning Commission. The City Director of Public Works and City Engineer shall submit their recommendations concerning each stage of any plans or plans in writing to the City Director of Community Development. The City Director of Community Development shall then submit his or her recommendations in writing to the City Secretary for submission to the City Planning and Zoning Commission. Upon approval by the Planning and Zoning Commission, the plat and/or plan shall be submitted to the City Council for review and approval.
      (2)   Preliminary plan. Upon approval of the preliminary plan by the City Council, three signed and dated copies thereof shall be executed by the Council. One copy shall be retained in the permanent files of the City Secretary, one copy to the City Director of Community Development's office for its file, and one copy to the developer of the subdivision for his or her file. Approval of the preliminary plan by the Council shall not be construed as final acceptance nor approval of the subdivision but merely indicates general concurrence with the layout and proposals contained therein. Plan approval does, however, authorize the developer to proceed with “rough” cutting of streets only if he or she so chooses; and encourages the developer to proceed with the preparation of final construction drawings and specifications required for the development of the subdivision; and to proceed with the preparation of the final plat.
      (3)   Short form and final plats. Any short form subdivision plat submitted in which public utilities are already in place and drainage provisions have been made shall be forwarded to the Planning and Zoning Commission for its approval and then to the City Council for its approval and signatures. Distribution of signed and approved short form plats shall be the same as for final plats. No sale of any lot within the subdivision may be consummated until final plat has been approved by the city and duly filed in the County Clerk's office. Four signed and dated copies shall be executed by the City Mayor, attested by the City Secretary, and dated thereof. When the plat has been approved by the Council and signed by the Mayor, the City Secretary shall be directed to cause the plat and supporting documents thereof to be filed in the County Clerk's office within 15 days of the authorization. The City Secretary shall then retain one signed copy with street address numbers in its permanent engineering files, retain one copy for the City Council's file and placement on the city's official base map, and one copy to the subdivider for his or her file. All final plats shall be substantially in accord with the previously approved preliminary plan of the subdivision. The final plat shall be submitted for approval by the city within one year of the date the preliminary plan of the subdivision was approved by the Council, otherwise approval of the preliminary plan shall be deemed null and void and the developer will be required to resubmit a preliminary plan. The Council may, however, grant a reasonable extension of time to the developer for submitting the final plat beyond the one-year period, upon written request and justification thereof by the developer.
      (4)   Building permit. No building permit shall be issued on any land forming any part of a subdivision unless the applicable provisions of this chapter have been complied with as well as all other applicable ordinances of the city referring to building permits and the plat has been filed of record.
   (E)   Enforcement. In addition to other remedies provided by law, the city and its officers shall have the right to enjoin any violation of these regulations by injunction issued by a court of competent jurisdiction.
   (F)   Changes on preliminary plan or final plat when resubmitting. The developer and qualified professional land planner, landscape architect, civil engineer, or land surveyor trained and experienced in land subdivision design, are to document (on a separate sheet) and sign any changes on any preliminary or final plats when resubmitting them to the City Council. Any supporting documents shall be noted with the name and address of the person preparing them.
(Ord. 96-0220, passed 2-20-1996; Ord. 19-1022A, passed 10-22-2019)