[Code 1964, § 26-1; Ord. No. 1413, § 1, 6-1-1989]
For the purposes of this chapter the following words and phrases
shall have the meanings respectively ascribed to them by this section:
A public thoroughfare which affords only a secondary means
of access to abutting property.
A structure having a roof supported by columns or walls for
the housing of persons, animals or chattels.
A line on a plat between which line and a street, alley or
private place no building or structure may be erected.
A drawing or set of drawings prepared by a registered professional
engineer or registered architect including plan views, cross sections,
profiles, elevations and details as required to show the extent, details
and character of the improvements.
The installation of sewers, streets, street lights, street
signs, water lines, fire hydrants and sidewalks and the planting of
trees.
A parcel of land occupied or intended for occupancy by one
main building together with its accessory buildings, including the
open spaces and parking spaces required.
A primary thoroughfare or highway which has been dedicated
or devoted to public use by legal mapping or other lawful means.
A street which collects several or many streets of a minor
nature and carries them into a major street.
A street which is designated as a major street on the latest
revision of the city major street plan. This plan and all information
shown thereon are a part of this chapter, and all notations, references
and information shown thereon shall have the same force and effect
as if they were fully described in this chapter.
A street which affords only the primary means of access to
abutting property.
Anything constructed or erected, the use of which requires
permanent location on the ground or attached to something having a
permanent location on the ground.
For purposes of this chapter, a subdivision is:
Any land, vacant or improved, which is divided or is to be divided
into two (2) or more parcels or units for the purpose of sale, lease
or development; or
Any land, vacant or improved, as to which more than one interest,
whether joint, several, or joint and several, is or is to be conveyed
for the purpose of sale, lease, investment or development; or
The sale, lease, division or development of zoned land, whether
by deed, metes and bounds description, map, plat or other instrument;
or
Resubdivision of subdivided land.
A drawing which has been prepared by a registered land surveyor
which fully and completely describes the land being subdivided whether
for land development, street dedication or sale or exchange of land.
[Ord. No. 1964, § 26-2; Ord.
No. 1413, § 2, 6-1-1989]
(a)
No subdivision of land for sale, and no sale of any subdivided land
or any part thereof shall be made or contracted, and no permit for
occupancy or building shall be issued with respect to any building
or other structure upon any land which is to be subdivided, unless
that subdivision has been approved under the provisions of this chapter.
(b)
The provisions of this chapter shall not apply to the following divisions
of land as to which a certificate of approval has been issued:
(c)
The certificate of approval required for the exception provided in subsection (b) of this section shall be issued by the board of aldermen after application has been made to and considered by the planning and zoning commission. Included in the application shall be a plat of the land involved, drawn to a scale of one hundred (100) feet or less to the inch from an accurate survey, and such other material as may be added by the applicant or required by the planning and zoning commission or the board of aldermen to show that the open space and other requirements of this chapter and the requirements of the zoning regulations of the city are complied with and that the exceptions listed in subsection (b) of this section apply.
[Code 1964, § 26-3]
Whenever the tract to be subdivided is of such unusual size
or shape or is surrounded by such development or unusual conditions
that the strict application of the requirements contained in this
chapter would result in real difficulties or substantial hardship
or injustice, the board of aldermen, after report by the planning
and zoning commission, may vary or modify such requirements so that
the subdivider may develop his property in a reasonable manner, but
so that at the same time the public welfare and interests of the city
and surrounding area are protected and the general intent and spirit
of this chapter are preserved.
[Code 1964, § 26-4; Ord. No. 767, § 1, 2-5-1971]
Before a subdivision permit is issued by the city engineer for
development, a surety bond or escrow agreement shall be secured by
the subdivider in the amount of the cost estimate of the improvements.
This bind shall be subject to the approval of the city attorney and
the board of aldermen. The term of the bond shall in no case exceed
a period of two (2) years.
[Code 1964, § 26-5]
No construction in a subdivision shall be commenced without
first obtaining a construction permit. The cost of such permit shall
be one (1) percent of the estimated cost of the street and sidewalk
improvements to be installed in the subdivision as required by this
chapter; provided that, where the subdivision permit fee has been
paid, the amount of such fee shall be credited on the cost of the
construction permit.
[Code 1964, § 26-6]
An inspection fee shall be paid to help defray the cost of inspection
of the improvements as they are installed in a subdivision. The cost
of such inspection fee shall be based initially on the city engineer's
estimate of the time required, at a rate of five dollars ($5.00) per
hour. Should a greater or lesser time actually be expended on the
inspections, the additional amount shall be paid or an amount shall
be refunded to cover the actual cost of inspection at the rate specified
in this chapter.
[Code 1964, § 26-7]
All fees required by this chapter shall be paid to the city
clerk and a receipt shall be issued therefor.
