[Ord. No. 339,
passed 7-25-1977]
The preparation of a subdivision for platting may be preceded
by an initial investigation and shall go through two phases: preliminary
plat (stages one and two) and final plat, all in accordance with the
procedure as provided in this chapter.
[Ord. No. 339,
passed 7-25-1977]
Prior to the preparation of a preliminary plat, it is suggested
that the proprietor meet informally with the City departments concerned
to investigate the procedures and standards of the City with reference
to these Regulations and to the proposals of the Master Plan as they
affect the area in which the proposed subdivision is located. The
proprietor should be concerned with the following factors:
(a)
The proprietor should secure a copy of the Zoning Code, these Regulations,
engineering specifications and other similar ordinances or controls
relative to the subdivision and improvement of land, so as to make
himself or herself aware of the requirements of the City.
(b)
The area for the proposed subdivision should be properly zoned for
the intended use.
(c)
An investigation of the adequacy of existing schools and of public
open spaces, including parks and playgrounds, to serve the proposed
subdivision, should be made by the proprietor.
(d)
The relationship of the proposed subdivision with respect to major
thorofares and plans for widening thorofares should be investigated
by the proprietor.
(e)
Standards of the Municipality for sewage disposal, water supply and
drainage should be investigated by the proprietor.
[Ord. No. 339,
passed 7-25-1977]
The procedure, under this stage one, for the preparation and
submittal of a preliminary plat of the land area to be subdivided,
shall be as follows:
(a)
Filing.
(1)
Ten copies of the preliminary plat (stage one) of the proposed
subdivision, together with written application in triplicate, shall
be submitted to the Clerk for the Planning Commission.
(2)
Submittal to the Clerk for the Planning Commission shall be
at least 10 days prior to the regular Planning Commission meeting
(which meeting shall be considered as the date of filing), at which
the proprietor will be scheduled to appear. Should any of the data
required in this section be omitted, the Clerk for the Planning Commission
shall notify the proprietor of the additional data required, and Commission
action shall be delayed until the required data are received. The
Commission shall act on the preliminary plat (stage one) within 30
days after the date of filing, unless the proprietor agrees in writing
to an extension of time.
(b)
Identification and description. The preliminary plat (stage one)
shall include:
(1)
The proposed name of the subdivision.
(2)
The location thereof by section, town and range, or by other
legal description.
(3)
The names and addresses of the proprietor, owner-proprietor
and the planner, designer, engineer or surveyor who designed the subdivision
layout. The proprietor shall also indicate his or her interest in
the land.
(4)
The scale of the plat, one inch equals 100 feet, as the minimum
acceptable scale.
(5)
The date and north point.
(c)
Preparation. The preliminary plat (stage one) should be drawn to
scale and should show the arrangement of lots, blocks and streets.
Dimensions of all lots shall be shown, but may be approximated. It
is the intent of these Regulations that the preliminary plat (stage
one) need not be done in precisely engineered plans, but be only in
sufficient detail to permit planning review. At this stage, the proprietor
should expect that the Commission may require major alterations to
be made in the plat if it is found necessary.
It is not necessary that the preliminary plat (stage one) be
prepared and sealed by a surveyor, provided that the outside dimensions
of the plat shall be based upon an accurate boundary survey prepared
by a surveyor.
(d)
Existing conditions. The preliminary plat (stage one) shall include:
(1)
An overall area map, at a scale of not less than one inch equals
1,000 feet, showing the relationship of the subdivision to its surroundings
within 1/2 mile, such as section lines, major streets or collector
streets, shall be provided.
(2)
The boundary line of the proposed subdivision, section or corporation
lines within or adjacent to the tract, and overall property dimensions.
(3)
Property lines of adjacent tracts of subdivided and unsubdivided
land shown in relation to the tract being proposed for subdivision,
including those of areas across abutting roads.
(4)
The location, widths and names of existing or prior platted
streets and private streets and public easements within or adjacent
to the tract being proposed for subdivision, including those located
across abutting roads.
(5)
The location of existing sewers, water mains, storm drains and
other underground facilities within or adjacent to the tract being
proposed for subdivision.
(6)
The topography, drawn as contours with an interval of not less
than two feet. The topography shall be based on U.S.G.S. datum.
(e)
Proposed conditions. The preliminary plat (stage one) shall include:
(1)
A layout of streets, indicating right-of-way widths and connections
with adjoining platted streets, and also the location of alleys, easements
and public walkways.
(2)
The layout, number and approximate dimensions of lots, including
building setback lines, showing dimensions.
(3)
An indication of parcels of land intended to be dedicated or
set aside for public use or for the use of property owners in the
subdivision.
(4)
An indication of the ownership, and the existing and proposed
use, of any parcels identified as "excepted" on the preliminary plat.
If the proprietor has an interest or owns any parcel so identified
as "excepted," the preliminary plat shall indicate how this property
could be developed in accordance with the requirements of the existing
zoning district in which it is located, and with an acceptable relationship
to the layout of the proposed preliminary plat.
(5)
An indication of the sanitary sewer system proposed, as approved
by the City officials having jurisdiction.
(6)
An indication of the water system proposed, as approved by the
City officials having jurisdiction.
(7)
An indication of the storm drainage proposed, as approved by
Council and the City Engineer. If involving County drains, the proposed
method of drainage shall be acceptable to the County Drain Commissioner.
(8)
In a case where the proprietor wishes to subdivide a given area,
but wishes to begin with only a portion of the total area, the preliminary
plat shall include the proposed general layout for the entire area.
The part which is proposed to be subdivided first shall be clearly
superimposed upon the overall plan in order to illustrate clearly
the method of development which the proprietor intends to follow.
Each subsequent plat shall follow the same procedure until the entire
area controlled by the proprietor is subdivided.
(f)
Review by Planning Commission.
(1)
The Clerk for the Planning Commission shall receive and check
for completeness the preliminary plat as required by subsections (a)
through (e) hereof. If the preliminary plat is complete and basically
in conformance with applicable Municipal requirements, the Clerk for
the Planning Commission shall place it on the agenda of the next regular
Commission meeting.
(2)
The Clerk for the Planning Commission shall transmit a copy
of the preliminary plat to the Municipal Engineer and the City Manager
for their technical review and recommendation, and transmit a copy
to the School Board.
(3)
The Commission shall review all details of the proposed subdivision
within the framework of the Zoning Code, the various elements of the
Master Plan and the standards of these Regulations.
(4)
Before acting on the preliminary plat, the Commission shall
hold a public hearing thereon, notifying the subdivider and owners
of land immediately adjacent to the proposed subdivision by certified
mail.
(5)
The Commission shall approve conditionally, disapprove or approve
the preliminary plat, subject to the following conditions:
A.
Should the approval be a conditional approval, said conditions
shall be satisfied by the proprietor within a time set by the Commission
or the plat shall be rejected.
B.
Should the Commission disapprove the preliminary plat, it shall
record the reasons in the minutes of the regular meeting.
C.
Should the Commission find that all conditions have been satisfactorily
met, it may give approval to the preliminary plat. The Chairperson
shall make a notation to that effect on each copy of the preliminary
plat and distribute copies of the same as follows:
(g)
Referral to Council. The action of the Commission shall be referred
to Council for its tentative approval.
(h)
Effective period. Approval of the preliminary plat (stage one) shall
be effective for a period of nine months. Should a preliminary plat
(stage two) not be submitted for tentative approval within this time
limit, the preliminary plat (stage one) must again be submitted for
approval, unless an extension is applied for by the proprietor and
such request is granted, in writing, by Council.
[Ord. No. 339,
passed 7-25-1977]
The procedure for the preparation and review of a preliminary
plat (stage two) requires tentative and final approval as follows:
(a)
Tentative approval.
(1)
Filing.
A.
The preliminary plat (stage two) shall comply with the provisions
of the Subdivision Control Act.
B.
Ten copies of the preliminary plat of the proposed subdivision,
together with written application in triplicate, shall be submitted
to the Clerk for the Planning Commission at least 10 days prior to
the regular Planning Commission meeting (which meeting shall be considered
as the date of filing).
C.
The Clerk for the Planning Commission shall check the proposed plat for completeness. Should any of the data required in the Subdivision Act or Section 1244.03(a) to (3) be omitted, the Clerk for the Planning Commission shall be directed to inform the proprietor of the data required, and that the application will be delayed until the required data is received.
D.
The Clerk for the Planning Commission shall transmit a copy
of the valid and complete preliminary plat to the Municipal Engineer
for technical review and recommendation.
(2)
Planning Commission review.
A.
The Clerk for the Planning Commission shall place the preliminary
plat on the next regular Commission meeting agenda, at which meeting
the proprietor will be scheduled to appear. The Commission shall act
on the preliminary plat within 30 days after the date of filing, unless
the proprietor agrees to an extension, in writing, of the time required
for approval by Council and the Commission.
B.
It shall be the duty of the Clerk for the Planning Commission
to send a notice, by registered or certified mail, to the owners of
land immediately adjoining the property to be platted, of the presentment
of the preliminary plat and the time and place of the meeting of the
Commission to consider said preliminary plat. Said notice shall be
sent not less than five days before the date fixed therefor.
C.
The preliminary plat (stage two) shall be reviewed by the Municipal
Engineer as to conformity with the approved preliminary plat (stage
one) and plans for utilities and other improvements.
D.
The Municipal Engineer shall notify the Commission of his or
her recommendation for either approval or rejection of the preliminary
plat.
E.
The preliminary plat (stage two) documents shall be reviewed
by the Commission as to conformity with the approved preliminary plat
(stage one) and compliance with the requirements of these Regulations.
F.
Should the Commission find that the preliminary plat (stage
two) is in satisfactory conformance with the preliminary plat (stage
one), and with the requirements of these Regulations, it shall approve
the same, notify Council of this action in its official minutes, and
forward the same, together with all accompanying data, to Council
for its review.
G.
Should the Commission find that the preliminary plat (stage
two) does not conform satisfactorily to the previously approved preliminary
plat (stage one), or with the requirements of these Regulations, and
that it is not acceptable, the Commission shall record the reason
in its official minutes and forward the same, together with all accompanying
data, to Council, and recommend that Council disapprove the preliminary
plat until the objections causing disapproval have been changed to
meet the approval of the Commission.
(3)
Council review.
A.
Council will not review a preliminary plat (stage two) until
it has received the review and recommendations of the Commission.
Following the receipt of such recommendations, Council shall consider
the preliminary plat at the meeting on whose regularly scheduled agenda
the matter has been placed. Council shall take action on the preliminary
plat (stage two) within 60 days of the date of the initial filing
of the plat with the City Clerk/Assessor, as required in paragraph
(a)(2)A. hereof.
B.
Should Council tentatively approve the preliminary plat, it
shall record its approval on the plat and return one copy to the proprietor.
C.
Tentative approval shall not constitute final approval of the
preliminary plat.
D.
Tentative approval by Council shall be effective for a period
of 12 months. Should the preliminary plat, in whole or in part, not
be submitted for final approval within this time limit, the preliminary
plat must again be submitted to the Commission and Council for approval,
unless an extension is applied for by the proprietor and such request
is granted, in writing, by Council.
(b)
Final approval.
(1)
The proprietor shall file a valid preliminary plat with the
Clerk for the Planning Commission, together with a certified list
of all authorities required for approval in Sections 112 to 119 of
the Subdivision Act. The proprietor shall also provide approved copies
of preliminary plats (stage two) to each of the required authorities.
(2)
Council shall take action on the preliminary plat within 20
days of the submission of all necessary approved plats.
(3)
If the preliminary plat conforms substantially to the plat tentatively
approved by Council and meets all conditions laid down for tentative
approval, Council shall give final approval to the preliminary plat.
(4)
The Clerk for the Planning Commission shall promptly notify,
in writing, the proprietor of approval or rejection; if rejected,
reasons shall be given.
(5)
Final approval shall be effective for a period of two years
from the date of final approval. The two-year period may be extended
if applied for by the proprietor and granted by Council, in writing.
[Ord. No. 339,
passed 7-25-1977]
The procedure for preparation and review of a final plat shall
be as follows:
(a)
Preparation.
(1)
The final plat shall comply with the provisions of the Subdivision
Act.
(2)
The final plat shall conform substantially to the preliminary
plat, as approved, and it may constitute only that portion of the
approved preliminary plat which the proprietor proposed to record
and develop at the time; provided, however, that such portion conforms
to these Regulations.
(3)
The proprietor shall submit, as evidence of title, an abstract
of title certified to date with the written opinion of an attorney-at-law
thereon, or, at the option of the proprietor, a policy of title insurance
for examination in order to ascertain whether or not the proper parties
have signed the plat.
(b)
Final plat review.
(1)
Original copies of the plat, as required by the State Department
of the Treasury, and three paper prints of the final plat, shall be
filed by the proprietor with the Clerk for the Planning Commission
and the proprietor shall deposit such sums of money as Council may
require herein or by other ordinance.
(2)
The final plat shall be reviewed by the Municipal Engineer as
to compliance with the approved preliminary plat (stage two) and with
plans for utilities and other improvements.
(3)
The Municipal Engineer shall notify Council of his or her recommendation
for either approval or rejection of the final plat.
(4)
Council shall review all recommendations and take action on
the final plat within 20 days of its date of filing.
(5)
Upon the approval of the final plat by Council, the subsequent
approvals shall follow the procedure set forth in the Subdivision
Act. The three prints of the final plat shall be forwarded as follows:
one to the Clerk for the Planning Commission, one to the Planning
Commission and one to the Fire Department. The original copies shall
be forwarded to the Clerk of the County Plat Board.
