[Ord. No. 484-02 Art. II §1, 8-19-2002; Ord. No. 668 §1, 11-7-2011]
A.
The
following subdivisions of land shall be exempt from the provisions
of this Chapter:
1.
The subdivision of land into two (2) or more parcels all of which
contain no less than five (5) acres.
2.
The transfer of interests by testamentary or intestate provisions
or pursuant to a court order.
3.
Leases for a term not to exceed ten (10) years.
4.
For the sole purpose of granting a mortgage or easement.
5.
The sale or exchange of parcels of land between owners of adjoining
property if additional lots resulting are not reduced below the size
specified by the Zoning Ordinance.
6.
The configuration of the property is created by the assembly or combination
of existing lots of record.
7.
The configuration of property existed prior to the enactment of this
Chapter.
[Ord. No. 484-02 Art. II §2, 8-19-2002; Ord. No. 668 §1, 11-7-2011]
Whoever, being the owner or agent of the owner of any land located
within a subdivision, transfers or sells any land by reference to
or exhibit of or by other use of a plat of a subdivision, before such
plat has been approved by the Planning and Zoning Commission and recorded
or filed in the office of the Recorder of Deeds of Greene County,
shall forfeit and pay a penalty of one hundred dollars ($100.00) for
each lot or parcel so transferred or sold or negotiated to be sold;
and the description of such lot or parcel by metes and bounds in the
instrument of transfer or other document used in the process of selling
or transferring shall not exempt the transaction from such penalties
or from the remedies herein provided. The municipal corporation may
enjoin such transfer or sale by action for injunction brought in any
court of equity jurisdiction or may recover the said penalty by a
civil action in any court of competent jurisdiction.
[Ord. No. 484-02 Art. II §3, 8-19-2002; Ord. No. 668 §1, 11-7-2011]
In planning and development of a subdivision, the subdivider shall comply with the general principles of design and minimum requirements for the layout of subdivisions set forth in Article VI and with the rules and regulations concerning required improvements set forth in Article VII in these regulations, and in every case shall pursue the procedure in the following Sections.
[Ord. No. 484-02 Art. II §4, 8-19-2002; Ord. No. 668 §1, 11-7-2011]
Before preparing and submitting the preliminary plat to the
Planning and Zoning Commission, the subdivider or his representative
shall consult with the City Administrator, while the plat is in sketch
form, to ascertain the location of proposed highways, primary or secondary
thoroughfares, collector streets, parks, playgrounds, school sites
and other community facilities or planned developments and to acquaint
himself with the Planning and Zoning Commission's requirements. During
pre-application proceedings of the general features of the subdivision,
its layout, facilities and required improvements shall be determined
to the extent necessary for preparation of the preliminary plat. Pre-application
proceeding shall be properly documented in writing and copies of such
documentation shall be furnished to the subdivider and the Planning
and Zoning Commission.
[Ord. No. 484-02 Art. II §5, 8-19-2002; Ord. No. 668 §1, 11-7-2011]
The subdivider shall prepare a preliminary plat of the proposed subdivision which shall conform with the requirements set forth in Article III following, and shall file with the City Clerk an application in writing, on forms provided by the Planning and Zoning Commission, for the tentative approval of said plat accompanied by eight (8) black-line or blue-line prints.
[Ord. No. 484-02 Art. II §6, 8-19-2002; Ord. No. 668 §1, 11-7-2011]
A.
The
preliminary plat shall be checked by the Planning and Zoning Commission
as to its conformity with the Comprehensive Plan of Strafford and
as to the plat's compliance with the standards, requirements and principles
hereinafter prescribed; and the Planning and Zoning Commission shall
cause said preliminary plat to be checked by the City Administrator
to ascertain compliance with all applicable additional requirements
of municipal, County, State and Federal departments and agencies concerned
and with applicable regulations of public utility companies.
B.
The
Planning and Zoning Commission shall approve with conditions or disapprove
the plat within forty-five (45) days after the receipt of said plat
by the Planning and Zoning Commission, otherwise the plat is deemed
approved by the Planning and Zoning Commission, except that the Planning
and Zoning Commission with the consent of the applicant may extend
the forty-five (45) day period. In any conditional approval or approval
subject to modifications, the Planning and Zoning Commission may require
the subdivider to submit a revised preliminary plat to the Planning
and Zoning Commission for review.
[Ord. No. 484-02 Art. II §7, 8-19-2002; Ord. No. 668 §1, 11-7-2011]
Upon its action, the Planning and Zoning Commission shall forward
the preliminary plat along with a record of its findings to the Board
of Aldermen for concurrence and acceptance of public dedications and
easements. The Board of Aldermen shall within thirty (30) days of
the Planning and Zoning Commission's action accept, overturn or modify
such action. Failure of the Board of Aldermen to act within thirty
(30) days shall be deemed to constitute concurrence with the Planning
and Zoning Commission's action. One (1) copy of the approved or rejected
preliminary plat shall be returned to the subdivider with the date
of said approval or rejection endorsed thereon, and all agencies,
public or private, as in the discretion of the Planning and Zoning
Commission are affected, shall be advised of the action of the Board
of Aldermen. In any conditional approval or approval subject to modifications,
the Board of Aldermen may require the subdivider to submit a revised
preliminary plat to the Planning and Zoning Commission for review.
[Ord. No. 484-02 Art. II §8, 8-19-2002; Ord. No. 668 §1, 11-7-2011]
Approval of the preliminary plat shall be deemed to be an approval
of the preliminary design features of the tract only, and the City
Engineer or County Engineer in the case of land to be annexed or on
common agreement or other official having jurisdiction may modify
engineering or construction details as may be necessary for the protection
of the public interest.
[Ord. No. 484-02 Art. II §9, 8-19-2002; Ord. No. 668 §1, 11-7-2011]
A.
Upon
approval of preliminary plat which shall be effective for a period
of one (1) year, the subdivider may request approval of installation
of improvements prior to final plat approval. In the event approval
to install improvements is recommended by the Planning and Zoning
Commission and approved by the Board of Aldermen, the subdivider shall
have one (1) year from date of approval to complete improvements.
B.
The
subdivider shall furnish a performance bond, letter of credit or escrow
to guarantee actual construction and installation of the improvements
and utilities in accordance with the preliminary or final plat. Such
instrument shall be reviewed by the City Attorney of Strafford and
approved by the Board of Aldermen. The amount of the performance bond,
letter of credit or escrow shall not be less than the estimated cost
of the improvements as determined by the City of Strafford.
C.
In
the event the improvements cannot be completed in the allotted time,
a request may be made to extend the time to complete improvements,
request for extension must be submitted at least thirty (30) days
prior to expiration date to the Board of Aldermen, provide rational
for the extension which shall not exceed one (1) year. The Board of
Aldermen may grant the extension.
D.
In
the event the improvements and utilities are not completed within
the time allowed, the City of Strafford shall enforce the performance
bond, letter of credit or escrow by all appropriate legal and equitable
remedies, collect the same, and complete the required improvements
in behalf of the City of Strafford.
[Ord. No. 484-02 Art. II §10, 8-19-2002; Ord. No. 668 §1, 11-7-2011]
Normally, the final plat will be approved with posting of appropriate
securities (performance bond, letter of credit or escrow) prior to
construction of improvements. The final plat may include all or any
reasonable acceptable part of the approved preliminary plat and completion
of improvements. The appropriate securities need only cover completion
of improvements as listed in the final plat. No building permits will
be issued without final plat approval.
[Ord. No. 484-02 Art. II §11, 8-19-2002; Ord. No. 668 §1, 11-7-2011]
The subdivider shall file with the City Clerk eight (8) black-line or blue-line prints of the final or record plat which shall conform in every respect with the requirements specified in Article IV of these regulations.
[Ord. No. 484-02 Art. II §12, 8-19-2002; Ord. No. 668 §1, 11-7-2011]
The final plat shall be accompanied by a certificate of title
showing the ownership of all lands dedicated to the public and that
the title thereof is free and unencumbered.
[Ord. No. 484-02 Art. II §13, 8-19-2002; Ord. No. 668 §1, 11-7-2011]
The approval of the Planning and Zoning Commission or the refusal
to approve shall take place within sixty (60) days from and after
the submission of the plat for final approval, unless the subdivider
agrees in writing to an extension of this time period; otherwise,
said plat shall be deemed to have been approved and the certificate
of said Planning and Zoning Commission as to the date of the submission
of the plat for approval and as to the failure to take action thereon
within such time shall be sufficient in lieu of the written endorsement
or evidence of approval herein required. The grounds for disapproval
of any plat submitted or regulations violated by the plat shall be
stated upon the record of the Planning and Zoning Commission.
[Ord. No. 484-02 Art. II §14, 8-19-2002; Ord. No. 668 §1, 11-7-2011]
Approval of final plat is null and void if said plat is not
recorded with the County Recorder by the developer within sixty (60)
days after Planning and Zoning Commission's approval.
[Ord. No. 1010, 8-21-2023]
A.
When Allowed. When meeting the definition of a minor subdivision per Section 405.030 (Definitions), said subdivision may be exempted from the procedures and requirements for preliminary plats in Chapter 405, Article III, and the subdivider may proceed with submittal of a minor subdivision plat for review as specified in this Section.
B.
Minor Subdivision Specifications. Minor subdivisions shall be submitted for review with the appropriate application form and associated application fee. Minor subdivision plats shall be prepared in conformance with the requirements of Subsection (D), the City Administrator who shall cause the plat to be reviewed by City staff, and, at his/her discretion, the appropriate utility providers and government agencies.
C.
Minor Subdivision Compliance. The Planning and Zoning Commission shall not approve any minor subdivision unless it is in compliance with the requirements of Subsection (D). No lot within a minor subdivision shall be sold or filed for recording until such time as the minor subdivision has been approved by the City per this Section.
D.
Minor
Subdivision Information Required.
2.
The minor subdivision shall also include the following:
a.
All portions of the lot or lots to be divided.
b.
An accurate metes and bounds or other adequate legal description
of the tract, the included area of the subdivision to the nearest
one-hundredth of an acre, and the acreage of any areas reserved for
the common use of the property owners within the subdivision and/or
for public use.
c.
A small key map showing the relation of the proposed subdivision
to section or U.S. Survey lines and to platted subdivisions and dedicated
roads within one hundred fifty (150) feet of the proposed subdivision
shall be provided.
d.
The purpose and location of any existing easement and dimensions
thereof shown by dashed lines.
e.
Required building setback lines per the underlying zoning district
of the property.
f.
Names of owners of record of adjoining platted and unplatted land
adjoining platted land by record name, date, and number.
g.
Zoning district classification of the tract to be subdivided and
the adjacent land.
h.
Applicable 100-year flood elevations as determined by the Federal
Emergency Management Agency (FEMA).
i.
Signature attesting to the minor subdivision plat by the owner, developer,
and land surveyor.
j.
Minor subdivision certificates and signature blocks, including the
following:
(1)
Owner's certificate.
(2)
Notary public's certificate.
(3)
Surveyor's certificate.
(4)
City Clerk's certificate.
(5)
City Administrator's certificate.
(6)
Certificate of Planning and Zoning Commission Chair.
(7)
Drainage certificate that certifies that no residences or structures
are, or will be, located within the 100-year flood elevation as defined
or identified by FEMA Floodplain Maps.
E.
Minor
Subdivision Plat Review And Procedures.
1.
Prior to submittal of a proposed minor subdivision plat, the owner,
developer, or owner's representative is encouraged to provide the
proposed lot layout to the City Administrator as part of a pre-development
consultation. The concept plan should show lot dimensions and demonstrate
that the proposed plat will meet the requirements of a minor subdivision.
2.
A minor subdivision shall be submitted in digital format to the City
with all appropriate professionals' seals and signatures. The minor
subdivision shall be accompanied by the City's application form, any
supporting data, and the associated application fees upon submittal
of the minor subdivision. All associated review fees will be the responsibility
of the applicant. Minor subdivisions shall include all plans and specifications
and other supporting documents as may be necessary, including the
form of guarantee or performance bond to be used, if applicable.
3.
Following plat submittal, plus staff's review and comments, and subsequent
satisfaction of all review comments by the owner or owner's representative,
the minor subdivision will be scheduled for the next available Planning
and Zoning Commission meeting date.
4.
A recommendation for approval, approval with changes, or disapproval of the minor subdivision plat shall be made by Planning and Zoning Commission and attached to the minor subdivision in a manner consistent with Section 405.160.
5.
If the minor subdivision is approved by the Planning and Zoning Commission,
the City Administrator shall act on the minor subdivision to affix
his/her signature within forty-five (45) days from the date of the Planning
and Zoning Commission's approval. If approved with changes, the City
Administrator shall act to affix his/her signature within forty-five
(45) days of receipt of the amended plat that reflects the Planning
and Zoning Commission's recommended changes, unless such time is extended
by written mutual consent of the subdivider. Following the City Administrator's
signature, the minor subdivision shall be provided to the subdivider
so that he/she can take such action to record the minor subdivision
with the County Recorder of Deeds.
6.
If the minor subdivision is disapproved by the Planning and Zoning
Commission, the reasons for such shall be noted, in writing, with
comments specifying the aspects in which the subdivision fails to
conform to the City's ordinances. The minor subdivision shall not
be recorded.
