[Ord. No. 526 §6.1, 5-19-1998; Ord. No. 714 §F, 11-16-2004]
A.
Procedure For Resubdivision. Whenever a developer desires
to resubdivide an already approved final subdivision plat, the developer
shall first obtain approval for the resubdivision by the same procedures
prescribed for the subdivision of land.
C.
Waiver. Whenever the Planning Commission, in its sole discretion, makes a finding on the record that the purposes of these regulations may be served by permitting resubdivision by the procedure established in this Subsection (3), the Planning Commission may waive the requirement of Subsection (A). The Planning Commission, after an application for resubdivision that includes an express request for waiver, shall publish notice of the application in a local newspaper of general circulation and shall provide personal notice to property owners in the subdivision. The notice shall include:
1.
The
name and legal description of the subdivision affected by the application;
2.
The
proposed changes in the final subdivision plat;
3.
The
place and time at which the application and any accompanying documents
may be reviewed by the public;
4.
The
place and time at which written comments on the proposed resubdivision
may be submitted by the public; and
5.
The
place and time of the public meeting at which the Planning Commission
will consider whether to approve, conditionally approve or disapprove
the proposed resubdivision.
Within sixty (60) days after notice is published, the Planning
Commission shall consider the application for resubdivision at a public
meeting and shall approve, conditionally approve or disapprove the
application.
D.
Procedure For Subdivisions When Future Resubdivision Is Indicated. Whenever land is subdivided and the subdivision plat shows one (1)
or more lots containing more than one (1) acre of land and there is
reason to believe that such lots eventually will be resubdivided,
the Planning Commission may require that the applicant allow for the
future opening of streets and the ultimate extension of adjacent streets.
Easements providing for the future opening and extension of streets
may be made a requirement of plat approval.
[Ord. No. 526 §6.1.5, 5-19-1998]
No replatting, resubdivision or waiver shall be allowed which
allows the building on any lot of less than fifteen thousand (15,000)
square feet.
[Ord. No. 526 §6.2, 5-19-1998]
A.
Owner Initiated Plat Vacation. The owner or owners of lots
in any approved subdivision, including the developer, may petition
the Planning Commission to vacate the plat with respect to their properties.
The petition shall be filed in triplicate on forms provided by the
Planning Commission and one (1) copy shall be referred to the City
by the Planning Commission.
1.
Notice of hearing. The Planning Commission shall publish
notice in a land newspaper of general circulation and provide personal
notice of the petition for vacation to all owners of property within
the affected subdivision and shall state in the notice the time and
place for a public hearing on the vacation petition. The public hearing
shall be within sixty (60) days after the published and personal notice.
2.
Criteria. The Planning Commission shall approve the petition
for vacation on such terms and conditions as are reasonable to protect
public health, safety and welfare but in no event may the Planning
Commission approve a petition for vacation if it will materially injure
the rights of any non-consenting property owner or any public rights
in public improvements unless expressly agreed to by the City.
3.
Recordation of revised plat. Upon approval of any petition
for vacation, the Planning Commission shall direct the petitioners
to prepare a revised final subdivision plat in accordance with these
regulations. The revised final subdivision plat may be recorded only
after having been signed by the Chairman of the Planning Commission
and the City Attorney.
4.
Developer initiated vacation. When the developer of the subdivision or its successor owns all of the lots in the subdivision, the developer or successor may petition for a vacation of the subdivision plat and the petition may be approved, conditionally approved or disapproved at a regular public meeting of the Planning Commission subject to the criteria in Subsection (A)(2) above. The petition shall be made in triplicate on forms provided by the Planning Commission at least thirty (30) days prior to a regular Planning Commission public meeting and the Commission shall refer one (1) copy of the petition to the City. Regardless of the Planning Commission's action on the petition, the developer or its successor will have no right to a refund of any monies, fees or charges paid to the municipality nor to the return of any property or consideration dedicated or delivered to the municipality except as may have previously been agreed to by the Planning Commission, the City and the developer.
B.
Government Initiated Plat Vacation.
1.
General conditions. The Planning Commission, on its motion,
may vacate the plat of an approved subdivision when:
a.
No
lots within the approved subdivision have been sold within five (5)
years from the date that the plat was signed by the Chairman of the
Planning Commission.
b.
The
developer has breached a subdivision improvement agreement and the
municipality is unable to obtain funds with which to complete construction
of public improvements, except that the vacation shall apply only
to lots owned by the developer or its successor.
c.
The
plat has been of record for more than five (5) years and the Planning
Commission determines that the further sale of lots within the subdivision
presents a threat to public health, safety and welfare, except that
the vacation shall apply only to lots owned by the developer or its
successor.
