[Ord. No. 2004-31 § 1, 12-14-2004]
Three (3) prints of a preliminary plat shall be filed with the
Planning and Zoning Commission at least ten (10) days before the meeting
at which approval is asked. The plat shall be drawn to a scale of
one hundred (100) feet to one (1) inch or larger and shall show or
be accompanied by the following information:
1. The proposed name of the subdivision, which must not be so similar
to that of an existing subdivision as to cause confusion, and names
of adjacent subdivisions;
2. The names of the owner and licensed engineer or surveyor responsible
for the survey and design;
3. The location of boundary lines and their relation to establishing
section lines or fractional section lines;
4. The location and width of existing and proposed streets, roads, lots
and alleys, building lines, easements, parks, playgrounds, school
sites and other features of the proposed subdivision and similar facts
regarding property immediately adjacent thereto; the location and
size of existing sewers and any other utilities and how the streets,
alleys or highways in the subdivision offered for record may connect
with those in the nearest subdivisions. If there are no adjacent subdivisions,
then a map made on a smaller scale may be required by the Planning
and Zoning Commission showing outline and ownership of adjacent properties
and location and distance of nearest subdivision;
5. A survey showing physical features of the property, including locations
of watercourses, ravines, bridges, culverts, present structures, size
of adjacent drainage areas in access and other features pertinent
to the subdivision. The outline of wooded areas or the location of
important individual trees may be required. Topography shall be shown
by contours of five (5) or two (2) foot intervals. All grades shown
shall be referred to United States Coast and Geodetic Survey. The
approximate acreage of the property is to be indicated;
6. Approximate grades and gradients of streets, including existing streets
within the proposed development and outside streets tangent or adjacent
thereto;
7. A designation of the proposed uses of land within the subdivision,
that is, the type of residential use, location of business or industrial
sites and sites for churches, schools, parks or other special uses;
8. North point, scale and date.
[Ord. No. 2004-31 § 1, 12-14-2004]
Suitable sites for parks, schools, playgrounds and other public
requirements shall be carefully considered and indicated on the preliminary
plat so that it can be determined which of such sites should be indicated
on the final plat and when and in what manner such areas will be acquired
by the appropriate public agency.
[Ord. No. 2004-31 § 1, 12-14-2004]
The subdivider shall, upon such filing, pay a fee of five dollars
($5.00) per lot; except that in no case shall the fee be less than
twenty-five dollars ($25.00) nor more than two hundred dollars ($200.00),
regardless of the number of lots.
[Ord. No. 2004-31 § 1, 12-14-2004]
As soon as practicable and not later than sixty (60) days after
its receipt of the preliminary plat, the Planning and Zoning Commission
shall, after having given due consideration thereto, advise the person
filing the plat of its approval or disapproval thereof and, if it
is disapproved, shall advise the person filing it of the reasons for
its disapproval. The failure of the Planning and Zoning Commission
to act within sixty (60) days after the date of official submission
to it shall be deemed approval. The approval of a preliminary plat
shall not constitute acceptance of the subdivision, but is merely
an authorization to proceed with the preparation of the final plat
for record. No grading of streets or construction work shall be done
in the subdivision before the final plat is accepted, except with
the written approval of the Planning and Zoning Commission and the
City Council. Upon refusal of the Planning and Zoning Commission to
approve a preliminary plan, the applicant may make such changes as
are required for approval and resubmit the plan or he may appeal the
decision to the City Council which may reverse the decision of the
Planning and Zoning Commission and approve the preliminary plan.
[Ord. No. 2004-31 § 1, 12-14-2004]
No owner or agent of the owner of any land located within the
planning jurisdiction of the City knowingly or with intent to defraud
may transfer, sell, agree to sell or negotiate to sell that land by
reference to or by other use of a plat of any purported subdivision
of the land before the plat has been approved by the City Council
or the Planning and Zoning Commission and recorded in the office of
the Lafayette County Recorder of Deeds. Any person violating the provisions
of this Section shall forfeit and pay to the City a penalty not to
exceed three hundred dollars ($300.00) for each lot transferred or
sold, agreed or negotiated to be sold and the description 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 the penalty. Such penalty shall be set by the Council. The City
may enjoin or vacate the transfer, sale or agreement by legal action
and may recover the penalty in such action.