Cross References — As to city plan commission, §§105.530 — 105.590; as to building regulations generally, Title V; as to sewers and sewage disposal generally, ch. 510; as to signs, ch. 515; as to zoning regulations generally, ch. 400.
[R.O. 2010 §405.010; CC 1970 §29-1; Ord. No. 1215 §1, 7-8-1960; Ord. No. 1313 §1, 7-23-1963]
For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section:
BUILDING LINE
A line on a plat between which line and street no building or structure may be erected:
IMPROVEMENTS
Paving, grading, storm sewers and appurtenances, sanitary sewers and appurtenances, installation of water mains and hydrants and any other facilities deemed necessary by the Board of Aldermen.
MONUMENT
Permanent markers such as iron pipes, pins or iron pipes incased in concrete, concrete monuments and stones, a minimum of twenty-four (24) inches in depth. Crosses or arrows on walks, curbs or pavements that will not be removed or destroyed during the construction of the necessary improvements shall be classed as permanent; provided, that exact distance and course to the crosses and arrows are shown on the subdivision plat.
PLAT
A map, drawing or chart on which the subdivider's plan of the subdivision is presented and which he/she submits for approval and intends when approved in its final form to record in the office of the County Recorder.
STREET
A place, avenue, court, drive, lane, combination of road and utility easement or thoroughfare over which pedestrians, private or public vehicles may pass inclusive of any parking or walk areas.
SUBDIVISION
1. 
The division of land into two (2) or more lots, sites or parcels, any lot, site or parcel of which is two (2) acres or less in area.
2. 
Establishment or dedication of a road, highway, street or alley through a tract of land regardless of the area of the tract of land; provided, that in the event of the establishment or dedication of such road, highway, street or alley, that lots abutting on such road, highway, street or alley at its intersection with any existing street shall be considered as corner lots and shall meet all requirements of the laws of the City for corner lots, including area, frontage and set-back requirements.
3. 
Resubdivision of land heretofore divided or platted into lots, sites or parcels; provided, that the sale or exchange of parcels of land to or between adjoining property owners, or to or between adjoining platted or existing lots, where such sale or exchange does not create additional lots, shall not be considered as a subdivision of land; provided, that such exchange of parcels of land shall not leave either of the remaining lots or parcels in violation of any of the laws of the City with relation to frontage area and set-back or any other requirements for lots.
[R.O. 2010 §405.020; CC 1970 §29-2; Ord. No. 1215 §3, 7-8-1960]
Each subdivider of land should confer with the City Plan Commission or City Officials before preparing the preliminary plat in order to become thoroughly familiar with zoning regulations or with any municipal regulations affecting the territory in which the proposed subdivision lies. Copies of this Chapter shall at all times be available in the office of the City Clerk.
[R.O. 2010 §405.030; CC 1970 §29-3; Ord. No. 1215 §2, 7-8-1960]
A. 
All parties owning a tract or parcel of land within the City desiring to make a subdivision of the same shall cause to be prepared a preliminary plat and other information containing such data as is outlined in this Chapter and shall submit the same to the City Plan Commission for its preliminary approval or rejection.
B. 
The owner of a tract of land having one (1) or more acres to be subdivided or more than one (1) parcel of land having a combined area of one (1) or more acres to be subdivided or resubdivided shall pay a fee of twenty-five dollars ($25.00) to the City Clerk at the time the preliminary plat is filed. The twenty-five dollars ($25.00) shall be the land subdivision permit fee required by the provisions of this Chapter. The fee shall not be returned. The fee shall be used for the purpose of providing funds for the administrative costs incidental to the processing of the plat by the City Plan Commission and their officers or employees and Board of Aldermen, including review of improvement plans, meetings and any other costs incurred in the processing of plat.
C. 
The preliminary plat shall be submitted to the City Plan Commission by submitting three (3) prints of the preliminary plat to the City Clerk who shall notify the Chairman of the City Plan Commission of its submission. Three (3) prints shall be retained by the City Clerk for the use of the City Plan Commission.
D. 
The City Plan Commission shall hold a meeting within forty-five (45) days of the submission of the preliminary plat to see if it conforms with preliminary standards and requirements and shall approve or reject the preliminary plat within sixty (60) days after date of submission by notification of the subdivider stating its approval or reason for its rejection.
E. 
After action by the City Plan Commission on the preliminary plat the plat shall be submitted to the Board of Aldermen for their approval or rejection. If the City Plan Commission and the Board of Aldermen do not approve or reject the plat within ninety (90) days of the date of submission of the plat to the City Clerk, the preliminary plat shall be deemed to be approved. However, the approval of the preliminary plat does not constitute approval of the subdivision, but is merely an authorization to proceed with the preparation of the final plat.
[R.O. 2010 §405.040; CC 1970 §29-4; Ord. No. 1215 §3, 7-8-1960]
A. 
In seeking to subdivide land, the owner shall submit five (5) blue or black line prints of a preliminary plat to the City Plan Commission for their approval or rejection before submission of the final plat and plans. The preliminary plat shall be drawn to a scale of not less than one (1) inch to sixty (60) feet and shall show:
1. 
Name and address of developer and firm or engineer making plat.
2. 
North point, scale and date.
3. 
Location of property being subdivided by Block, Section, U.S. Survey, Congressional Township Lines, with names and boundaries of adjoining subdivisions or owners of unsubdivided properties inclusive of boundary lines of any incorporated areas within or adjoining the subdivision.
4. 
Streets and alleys in abutting properties or connections to other streets bordering the property with the type and width of existing paving together with the location of existing structures, rights-of-way and easements with their widths.
5. 
Contours at five (5) feet or less intervals on subdivisions containing more than two (2) acres.
6. 
Watercourses, sink holes, tree masses and other similar and existing features together with existing storm and sanitary sewers within the tract and similar facts regarding existing conditions on property immediately adjacent thereto.
7. 
Proposed location and width of streets or alleys with type and width of proposed paving together with proposed easements for utilities, storm and sanitary sewers and approximate locations of catch basins.
8. 
Proposed location of lots giving scaled dimensions of all sides and approximate area of all irregularly shaped lots with proposed building lines. Corner lots shall have extra width to provide for building lines on both front and side streets with special consideration given to lots that abut major thoroughfares.
9. 
Proposed dedications, inclusive of corner roundings, widening strips and any proposed parks.
[R.O. 2010 §405.050; CC 1970 §29-5; Ord. No. 1215 §2, 7-8-1960]
A. 
Following approval of the preliminary plat the subdivider shall submit to the City Plan Commission, for its approval or rejection, four (4) prints of the final plat, the final plat and two (2) prints of the improvement plans of the subdivision containing the data and information outlined in this Chapter. One (1) copy of any restrictions, if too lengthy to be placed on the plat, shall be filed also. The plans relating to construction data shall bear the signature and seal of an engineer licensed to practice professional engineering in the State and at least one (1) copy of the plans shall carry the stamp of approval of the Metropolitan Sewer District, acceptable to the City. The City Plan Commission shall approve or reject the plat, plans or both and so notify the subdivider and Board of Aldermen of the action.
B. 
After action of the City Plan Commission the subdivision plat, plans and restrictions, if any, shall be submitted to the Board of Aldermen for final approval or rejection, and for acceptance or rejection of streets, alleys, ways, easements, parks or other areas for or dedicated to the public. However, if the City Plan Commission has not or does not approve both the final plat and plans of the subdivision, the Board of Aldermen may approve the plat and accept the public areas and easements thereon only by a five-sixth (5/6) vote of the entire membership of the Board of Aldermen.
[R.O. 2010 §405.060; CC 1970 §29-6; Ord. No. 1215 §3, 7-8-1960; Ord. No. 1223 §1, 10-14-1960]
A. 
Four (4) blue or black line prints of the final plat, the original (on tracing cloth) to a scale of not less than one (1) inch to sixty (60) feet and two (2) blue or black line prints of the improvement plans shall be submitted to the City Plan Commission before submission to the Board of Aldermen for their approval or rejection. The final plat shall show:
1. 
Boundaries of the property subdivided showing the location and extent with relation of such land to adjacent subdivision sections, U.S. Survey and Congressional Township lines. Boundary lines of any incorporated areas within or adjoining the subdivision together with points of compass, scale, name of subdivider and certificate of registered land surveyor.
2. 
Name of the subdivision and all streets within and adjoining the subdivision.
3. 
The lines of all proposed streets and alleys with their width and distances to adjoining streets and alleys.
4. 
All lot lines, building lines and easement dimensions, both linear and angular, necessary for location boundaries of the subdivided area or of the lots, streets, alleys, easements and building lines, and any other areas reserved for public or private use. The linear dimensions shall be expressed in feet and decimals of a foot and the angular dimensions in degrees, minutes and seconds.
5. 
Radii, arcs, chords, points of tangency, central angles for all curvilinear streets or any combination of the above enabling any and all of the above dimensions to be calculated. Radii for all rounded corners.
6. 
All monuments together with their descriptions.
7. 
Any private restrictions shall be shown on the plat or references made to them thereon. Plats shall contain proper acknowledgments of owners and mortgagees accepting such restrictions. Restrictions shall be filed with the plat for review and a final copy filed with the City Clerk after approval has been given by the Board of Aldermen.
8. 
When any street or other property is to be dedicated to public use, the party submitting the plat shall furnish a certified copy of an abstract or certificate of title made by a responsible title examiner showing the title to the land is fully vested in the party making the dedication. Mortgagees shall join in such dedications.
9. 
A certificate shall accompany the final plat showing that all taxes due and payable shall have been previously paid.
10. 
The designing engineer shall certify as to the area in square feet of all irregular lots.
11. 
Improvement plans approved by the Metropolitan Sewer District shall also be submitted with final plat showing the profiles of all streets, storm and sanitary sewers, and drainage structures together with the cross-sections of streets and all proposed construction of any and all improvements. The City datum plane shall be used.
12. 
Any final linen or plat of any proposed subdivision shall be filed with the City at least ten (10) days before the plat is to be acted upon by the Board of Aldermen in order that the plat may be reviewed by the Building Commissioner, City's consulting engineer and City Clerk.
13. 
The subdivider or his/her duly authorized agent, shall file with final linen a certificate sworn to before a notary public as follows:
"I certify to the fact that no changes have been made on final linen, as compared to the approved preliminary plat or linen, except as itemized herein.
"This certificate is made for the purpose of securing the final approval of the City to the final linen of the Subdivision."
14. 
The City shall have the right to require the subdivider to allow the City Clerk to file in the office of the Recorder of Deeds of the County, all plats approved by the Board of Aldermen and duly executed.
15. 
In the event the City shall elect to file the plat, the subdivider or developer shall deposit with the City the sum of fifty dollars ($50.00) per plat, or more if required, to provide filing fees for any plat to be filed, by the City. The unused balance shall be returned to the depositor.
[R.O. 2010 §405.080; CC 1970 §29-8; Ord. No. 1215 §6, 7-8-1960]
No plat of any subdivision shall be entitled to be recorded in the County Recorder's office or have any validity until it shall have been approved in the manner prescribed herein and by ordinance passed and approved by the Board of Aldermen of the City.
[R.O. 2010 §405.090; CC 1970 §29-9; Ord. No. 1215 §2, 7-8-1960]
Within thirty (30) days following the approval of the final subdivision plat, the subdivider shall file the plat in the office of the Recorder of Deeds of the County or notify the Board of Aldermen in writing of the abandonment of the subdivision. All approvals of final subdivision plats not recorded within thirty (30) days, as herein specified, shall be void; provided, that the period for recording the plat may be extended by resolution of the Board of Aldermen so long as the request for such extension is presented to the Board of Aldermen in writing prior to the expiration of the thirty (30) day period after the final approval of the plat.
[R.O. 2010 §405.100; CC 1970 §29-10; Ord. No. 1215 §6, 7-8-1960]
The Board of Aldermen shall not permit any public improvements over which it has any control to be made or any money expended for improvements in any area that has been subdivided or upon any street that has been platted unless such subdivision or street has been approved in accordance with the provisions contained in this Chapter.
[R.O. 2010 §405.120; CC 1970 §29-12; Ord. No. 1417 §1, 2-10-1967]
The Mayor and City Administrator are hereby authorized to enter into contracts with private subdivisions for the removal of snow from private streets and the repair of private streets in accordance with the terms of a contract on file in the City Clerk's office and incorporated herein by reference and made a part hereof. The Mayor and City Clerk are authorized to alter the terms of this contract to suit local conditions in different circumstances and to enter into such contract as altered or amended on behalf of the City.
[1]
Cross Reference — As to removal of snow, etc., from sidewalks generally, §520.050.
[R.O. 2010 §405.130; CC 1970 §29-13; Ord. No. 1293 §§1 — 4, 1-11-1963]
A. 
In the event that the trustees of any subdivision within the City shall apply to the City for the erection of a signpost containing the subdivision name at the entrance to the subdivision and shall request to place this signpost on City easement property, such application shall be made on a form to be furnished by the City Clerk, such form may be on an application for a building permit and shall contain a sketch of the proposed sign, the dimensions of the sign and the proposed location of the sign. In the event that the sign is proposed to be lighted all details in connection with this shall be furnished. The City Clerk and Building Commissioner shall pass on this application as in the case of other building permits, considering in addition the question of public safety on the location of the sign and danger to traffic. All other departments of the City that may be involved in any questions concerning the sign shall also pass upon such application before it is issued.
B. 
Before issuing such permit the City shall require that the trustees furnish a policy of liability insurance with the City as one named insured with the policy liability limits of one hundred thousand dollars ($100,000.00) for one (1) person and three hundred thousand dollars ($300,000.00) for any accident. Such policy to be for a minimum term of three (3) years.
C. 
The trustees shall be required, before such permit is issued, to enter into a contractual agreement with the City which shall provide that they will agree to maintain this sign in good repair from an appearance point of view and also from a safety point of view; will further agree that the policy of insurance in the amount of one hundred thousand dollars ($100,000.00) for each person and three hundred thousand dollars ($300,000.00) for each accident shall be maintained in full force and effect at the expense of the subdivision. It will also provide that in the event the trustees fail to furnish a liability policy or renewal of it, or fail to keep the sign in good repair and maintenance and the City shall give them notice of such default and the trustees shall fail to correct such default within fifteen (15) days, that the City shall then have the right to remove the sign and structure at the subdivision's expense. In the event that any portion of this sign is on private property the contract shall further provide that there shall be an agreement from the private property owner duly acknowledged and recorded authorizing and agreeing to the right of the City to remove the sign in the event of such breach by the trustees. The contract shall further provide that the City assumes no responsibility for maintenance of the sign, for failure of the trustees to keep it in good repair and further that in the event that the City shall at any time desire to make a use of the easement on which the sign is placed that shall require removal of the sign that the City shall notify the trustees to remove the sign and in the event that the trustees shall fail within a period of fifteen (15) days, that the City shall have a right to remove the sign at the subdivision's expense and in the event it is necessary for the City to expend any money in connection with the sign that the trustees will be obligated to reimburse the City for such expenditures and if the trustees do not make some such reimbursement within thirty (30) days after date of billing that the City may enforce this liability in a court of law and may recover in addition to its regular expense the court costs and reasonable attorney's fees.
D. 
In the event that any private subdivision should make a request for such sign which does not have a Board of Trustees such request shall be denied until such time as a restrictive indenture is filed on behalf of such subdivision authorizing a board of trustees giving them power to erect such a sign which in the opinion of the City is adequate to authorize the contract provided for in this Section.
[1]
Cross Reference — As to signs generally, ch. 515.
[R.O. 2010 §405.140; CC 1970 §29-14; Ord. No. 1215 §7, 7-8-1960]
Any regulation or provision of this Chapter may be changed and amended from time to time by the Board of Aldermen; provided, that such changes or amendments shall not become effective until after study and report by the City Plan Commission.
[R.O. 2010 §405.150; CC 1970 §29-15; Ord. No. 1215 §5, 7-8-1960]
Whenever the strict enforcement of this Chapter would entail unusual difficulties or hardships, the City Plan Commission and the Board of Aldermen may vary or modify them in such a way that the subdivider may be allowed to plan and develop his/her property and record a plat of same; provided, that the public welfare and interest of the municipality be fully protected and the general intent and spirit of this Chapter are preserved.
[R.O. 2010 §405.160; CC 1970 §29-16; Ord. No. 1215 §4, 7-8-1960]
A. 
Easements of not less than five (5) feet in width shall be provided on each side of all rear lot lines and on side lines where necessary for poles, wires, conduits, storm and sanitary sewers, gas and water mains. Easements of greater widths may be required where necessary for the extension of main sewers and similar utilities.
B. 
Whenever any stream or important surface watercourse is located in an area that is being subdivided, the subdivider shall, at his/her own expense, make adequate provision for straightening or widening the channel so that it will properly carry the surface water and shall also provide and dedicate to the Metropolitan Sewer District additional easements along each side of the stream, which easement shall be for the purpose of future widening, improving or protecting the stream. The width of such easement shall be not less than ten (10) feet from each bank of the stream, and the total width of such easement shall be adequate to provide for any necessary channel relocation and straightenings. All that portion set aside as open storm water channel easements shall not be included as a part of the lot area. For the purpose of this Section the approval of the Metropolitan Sewer District shall be secured acceptable to the City.
[R.O. 2010 §405.170; CC 1970 §29-17; Ord. No. 1215 §4, 7-8-1960]
A. 
The minimum width for streets shall be fifty (50) feet; except that topography, length or special conditions may make a street of less or greater width more suitable. Alleys shall not be provided in residential districts, but may be required in the rear of all business lots and shall be at least twenty (20) feet in width. At street and alley intersections the property line corners shall be rounded by an arc having a minimum radius of twenty (20) feet and street curb intersections shall be rounded by an arc having a minimum radius of twenty-five (25) feet.
B. 
Where it is desirable to subdivide a tract of land, which because of its size, location, topography or shape does not permit a normal street arrangement, there may be established one (1) or more dead end streets; provided, all such dead-end streets shall make adequate provision for the turning of vehicles at their terminal points by providing a circular drive having an overall diameter of not less than one hundred (100) feet. Except in extremely unusual instances no dead-end streets shall exceed six hundred (600) feet in length.
[1]
Cross Reference — As to streets and sidewalks generally, ch. 520.
[R.O. 2010 §405.180; CC 1970 §29-18; Ord. No. 1215 §4, 7-8-1960]
A. 
The arrangements of streets in new subdivisions shall conform to the streets of the City so that new streets shall as near as may be practicable run parallel with or be continuations of the existing streets in the City. The subdivider may be required to continue certain streets through the area that is being subdivided, whenever the same is necessary to provide for local movement of vehicles or to enable adjoining property to be subdivided.
B. 
Whenever there is an adjoining street, a street that runs to the subdivision at an angle and not parallel or along the subdivision boundary, which has been platted as a public street but not improved and one hundred fifty (150) feet or less in length, the subdivider shall stand one-half (½) of the cost of improving the street; provided, that the Board of Aldermen shall deem the improvement necessary for the betterment of the City's street system.
C. 
Whenever a subdivision line is parallel and along a publicly dedicated or used street, the subdivider shall, at his/her own expense, dedicate a strip of land lying within his/her subdivision so that the total street width meets the City requirements and stand not to exceed one-half (½) the cost of improving the entire street adjacent to the proposed subdivision inclusive of paving, grading and storm sewers.
[R.O. 2010 §405.190; CC 1970 §29-19; Ord. No. 1215 §4, 7-8-1960; Ord. No. 1229 §2, 1-14-1961]
No private streets shall be allowed in any subdivision.
[R.O. 2010 §405.200; CC 1970 §29-20; Ord. No. 1215 §4, 7-8-1960]
Streets that are obviously in alignment with others already existing and named, shall bear the name of the existing street. Before the final plat of the subdivision shall be approved, the subdivider shall submit to the City Plan Commission a statement from the local postmaster approving the names of the proposed street.
[R.O. 2010 §405.210; CC 1970 §29-21; Ord. No. 1215 §4, 7-8-1960]
The plan and profile of any proposed street shall contain sufficient information for the writing of a grade ordinance. The maximum street grade shall be ten percent (10%) and all changes in street grade shall be connected by vertical curves of a minimum length equivalent to eight (8) times the algebraic difference in the rates of grade.
[R.O. 2010 §405.220; CC 1970 §29-22; Ord. No. 1215 §4, 7-8-1960]
The minimum lot area of any lot in a subdivision shall not be less than the minimum lot area requirements of the zoning regulations covering that area in which the subdivision is located. Extra width shall be provided on all corner lots to provide for at least the same building areas as are provided in interior lots because of the side building line requirements on lots siding on streets. All side lines of lots shall be at right angles to straight street lines, or radial to curved street lines, unless a variation to this rule will give a better street and lot plan. Double frontage lots shall be avoided.
[R.O. 2010 §405.230; CC 1970 §29-23; Ord. No. 1215 §4, 7-8-1960]
Building lines shall be shown on all lots intended for residential use of any character, and on commercial lots immediately adjoining residential areas. Such building lines shall not be less than required by the zoning regulations.
[R.O. 2010 §405.240; CC 1970 §29-24; Ord. No. 1215 §4, 7-8-1960]
No block shall be longer than one thousand (1,000) feet between street lines.
[R.O. 2010 §405.250; CC 1970 §29-25; Ord. No. 1215 §4, 7-8-1960]
All subdivision boundary corners, all corners of street intersections, points of curves and angle points of streets shall be marked by monuments. The subdivision boundary corners shall be marked by use of pins or pipes incased in concrete, stones or concrete monuments. All other points may be marked by monuments, as defined under Section 405.010.
[R.O. 2010 §405.260; CC 1970 §29-26; Ord. No. 1215 §4, 7-8-1960]
Before the final plat of the subdivision shall be approved, the subdivider shall present a signed statement that he/she has checked the existing subdivision names of record in the County Recorder's office and that there will be no duplication of names.
[R.O. 2010 §405.270; CC 1970 §29-27; Ord. No. 1215 §4, 7-8-1960; Ord. No. 1240 §1, 4-25-1961]
A. 
Before the final plat or any subdivided area shall be approved and recorded, the subdivider shall furnish the City with an executed copy of the improvement contract and specifications and the subdivider shall make and install the improvements described in this Section as required by the Board of Aldermen. In lieu of final completion of the minimum improvements before the plat is finally approved, the subdivider may post a surety bond or escrow agreement, approved by the Board of Aldermen, which bond or escrow agreement will insure to the City that the improvements will be completed by the subdivider within two (2) years after final approval of the plat. The amount of the bond or escrow agreement shall not be less than the estimated cost of the improvements, and the amount of the estimate must be approved by the Board of Aldermen. If the improvements are not completed within the specified time, the Board of Aldermen may use the bond or any necessary portion thereof to complete the improvements.
B. 
The minimum improvements installed in any subdivision before the plat can finally be approved shall be in accordance with the following:
1. 
The subdivider shall install storm and sanitary sewers and provide a sanitary sewer connection for each lot in accordance with the standards and specifications of the Metropolitan Sewer District. Before the improvements are started the plans thereof shall be approved by the Metropolitan Sewer District and at least one (1) copy of the plans as submitted shall carry their stamp of approval. Whenever feasible, the sewers shall not be constructed within the anticipated paving area and house connections to each lot from the sanitary sewers shall be carried beyond the anticipated curb lines.
2. 
The subdivider shall install water mains and fire hydrants within the subdivided area. Such installations shall be approved by the State Inspection Bureau and the Board of Aldermen. In order to indemnify the City from any anticipated expense by reason of an installed fire hydrant, the developer shall pay into the treasury of the City seventy-two dollars ($72.00) per hydrant installed. The payment herein provided is not to reduce any escrow account or fund that may have been provided for the installation of the public utilities within the subdivision. The payment herein provided shall be paid into the City Treasury before the final linen is duly executed by the City.
3. 
The subdivider shall grade to the full width the right-of-way and alleys, if any, within the subdivided area. The paving of such new streets shall be a minimum of twenty-six (26) feet back to back of curbs, with concrete pavement six (6) inches thick with integral curbs or a seven (7) inch water bound base with separate concrete curb and gutter and asphaltic concrete wearing surface a minimum of two (2) inches thick. All construction shall be in accord with the specifications of the City.
[R.O. 2010 §405.280; CC 1970 §29-28; Ord. No. 1215 §4, 7-8-1960]
The subdivider shall deposit with the City the sum of money, required by this Code or other ordinance, for inspection of the improvements during the construction.