[R.O. 2004 § 410.130; Ord. No. 2.56 § 3(Art. 4 § 4.01), 1-9-2001]
A.
Classification Of Subdivisions. Land proposed
to be subdivided shall be classified according to one (1) of the following:
1.
Minor Subdivision. Any residential
subdivision that meets all the following criteria:
a.
The subdivision will not result in
the creation of more than five (5) lots fronting on an existing street
built to City standards and will not require the construction of any
new street or road;
b.
The subdivision will not require
the extension of municipal facilities or the creation of any public
improvements;
c.
The subdivision is consistent with
the applicable provisions and portions of the Comprehensive Plan;
d.
The City Engineer has determined,
following review of the applicant's preliminary drainage information,
that no detailed drainage plan or improvements are needed; and
e.
The proposed subdivision does not
have any topography, access, sewage disposal or design concerns that
would warrant review and consideration within the requirements of
the major subdivision classification designation.
2.
Major Subdivision. Any subdivision
not classified as a minor subdivision, including, but not limited
to, any sized subdivision requiring any new street, extension of municipal
facilities or the creation of public improvements and which will be
served with public sewer upon development.
B.
Procedure By Classification. Before any
land is subdivided, the owner of the property proposed to be subdivided
or his/her authorized agent shall apply for and secure approval of
the proposed subdivision in accordance with the following procedures:
C.
Official Submission Dates. For the purpose
of these regulations for major and minor subdivisions, the date of
the Planning and Zoning Commission meeting at which the application
is first considered, shall constitute the official submission date
of the plat on which the statutory period required for formal approval,
conditional approval or disapproval of the preliminary or final plat
shall begin.
[R.O. 2004 § 410.140; Ord. No. 2.56 § 3(Art. 4 § 4.02), 1-9-2001; Ord. No. 2.113 § 1, 1-24-2006]
A.
Intent. The sketch plat gives general guidance
in preparing a preliminary or final plat. This plat is a conceptual
representation of the applicant's desire and ability to meet the standards
of these regulations. Dimensions, measurements and calculations shown
on the sketch plat are assumed to be illustrative. Detailed planning
and engineering following sketch plat review are expected to result
in changes in detail but not the overall concept.
B.
General. Before preparing and submitting
a preliminary plat for major subdivisions or final plat for minor
subdivisions, the applicant shall schedule a meeting with the Zoning
Administrator and the Public Works Director to discuss the proposed
subdivision and existing conditions, projected conditions and the
regulations and ordinances that will impact the development, including:
1.
The subdivision classification;
2.
The procedure for approval of plats;
3.
The availability of existing services
including sewer, water, emergency services, schools, etc.;
4.
The Comprehensive Plan requirements
for major streets, land use, parks, schools and public open spaces;
5.
The zoning requirements for the property
in question and adjacent properties;
6.
The required improvements and design
criteria; and
7.
The applicable fees.
|
In addition, staff shall direct the
applicant, when appropriate, to discuss the proposed subdivision with
those staff or officials who must eventually approve specific aspects
of the subdivision plat falling within their jurisdiction or responsibility.
|
C.
Classification And Notice To Proceed. Within
five (5) working days of the date that the sketch plat meeting was
held, the Zoning Administrator shall determine whether the sketch
plat constitutes a minor or major subdivision and notify the applicant
of the classification and any issues to be addressed or conditions
to be met prior to proceeding. Upon verification that any issues have
been addressed and conditions met, staff shall issue a notice to proceed
with the plat as required for the specified classification.
[R.O. 2004 § 410.150; Ord. No. 2.56 § 3(Art. 4 § 4.03), 1-9-2001; Ord. No. 2.113 § 1, 1-24-2006]
A.
Intent. The preliminary plat contains accurate
preliminary planning and engineering. Although not a survey, the accuracy
and design is such that only minor changes are to be expected in the
final plat. Only minor revisions warranted by final engineering, surveying
or other required changes are expected following approval of the preliminary
plat. Unless part of a planned development district zoning or otherwise
specified, the preliminary plat is not recorded. Rather it serves
as a bench mark for reviewing and approving the final plat. A revised
preliminary plat may be required for any subdivision that proposes
a major deviation from a previously approved preliminary plat at the
time of final plat application.
B.
General.
1.
Preliminary plat submittal is required
for all major subdivisions.
2.
In order to proceed, the applicant shall submit an application for approval of a preliminary plat within one hundred eighty (180) days of the notice to proceed. If the preliminary plat application is not filed within the 180-day period, the applicant must resubmit a sketch plat and meet with the Zoning Administrator per the requirements of Section 410.140, unless a reasonable extension is granted by staff.
3.
The preliminary plat shall generally
conform to the sketch plat that formed the basis for the notice to
proceed.
C.
Application Procedure And Requirements.
1.
Application. Preliminary plat application
shall be made on forms available at City Hall or in the City of Mount
Vernon Procedures Manual. All applications shall be filled out in
their entirety. Applications shall be reviewed for completeness within
five (5) working days of filing. If the City determines that the application
is complete, the application shall then be processed. If the City
determines that it is incomplete, the City shall, within such five-day
period, notify the applicant of the specific ways in which the application
is deficient. Incomplete applications will not be accepted or placed
on an agenda for review and consideration. As such, applicants are
encouraged to submit applications earlier than the deadlines specified
in the adopted City of Mount Vernon application and review schedule.
2.
Fees. A filing fee and deposit shall
be charged and collected from the applicant in an amount as established
by the Governing Body by ordinance or resolution. A separate filing
fee and deposit shall be required for each preliminary plat application.
The preliminary plat shall not be accepted for filing until the filing
fee and deposit has been paid by the subdivider.
3.
Submittal Materials. The subdivider
shall submit one (1) original and three (3) folded prints or copies
of the preliminary plat and a vicinity map (if not on the preliminary
plat) showing the location of the proposed subdivision. These plans
shall be filed with the Zoning Administrator according to the adopted
City of Mount Vernon application and review schedule.
4.
Proof of ownership can be shown by
a title report by an abstract or a title insurance company or an attorney's
opinion of title showing the name of the owner of the land and all
other persons who have an interest in or an encumbrance on the plat
and any easements or other constraints.
5.
Notification. The subdivider shall
notify all owners of record of all unplatted land within one hundred
eighty-five (185) feet of property being proposed for subdividing
or resubdividing of the intent to subdivide or resubdivide the subject
property. Notification shall be sent via regular mail and a copy of
a letter of notification shall be submitted with the preliminary plat.
The subdivider shall also submit a complete list of the names and
mailing addresses of, as prepared by the County Clerk or a title company.
D.
Preliminary Plat Features. All preliminary
plats shall contain:
1.
Scale of the plat, one (1) inch equals
one hundred (100) feet or larger.
2.
A vicinity map at a scale of one
(1) inch equals one thousand (1,000) feet or larger, showing streets
and street names within five hundred (500) feet of the boundaries
of the proposed subdivision.
3.
The Proposed Name Of The Subdivision.
The name shall not duplicate or too closely resemble the name or names
of an existing subdivision(s).
4.
The location of the boundary lines
of the subdivision and reference to the section or quarter section
lines.
5.
The names and addresses of the subdivider,
developer, owner and the engineer or land surveyor who prepared the
plat.
6.
Date of preparation and north point.
7.
Existing Conditions.
a.
Current zoning classification, existing,
projected and proposed land use.
b.
Location, width and name of platted
streets or other public ways, railroads and utility rights-of-way,
parks and other public open spaces and permanent buildings within
or adjacent to the proposed subdivision.
c.
Names of adjacent subdivisions together
with arrangement of streets.
d.
Location of watercourses, bridges,
wooded areas, lakes, ravines, floodplain and such other features as
may be pertinent to the subdivision.
e.
Soil types and location for all subdivisions
proposed to be developed without access to public sanitary sewer.
8.
Proposed Improvements.
a.
The general arrangements of lots
and their approximate size.
b.
Location and width of proposed streets,
alleys and pedestrian ways and easements.
c.
Location and size of proposed parks,
playgrounds, churches, school sites or other special uses of land
to be considered for reservation or dedication for public use, including
calculations for required open space dedication.
d.
General street layout of adjacent
property within one hundred eighty-five (185) feet to show how streets
and other public facilities in the proposed subdivision relate to
the adjacent property.
e.
Approximate gradient of streets.
f.
Relation to adjacent unsubdivided
land.
g.
Gross acreage, total number of buildable
lots, minimum and maximum lot sizes shall be stated on the plat.
E.
(Reserved)
F.
Preliminary Plat Action. After the Planning
and Zoning Commission has reviewed the preliminary plat and applicable
reports submitted and held a public hearing, the Planning and Zoning
Commission shall approve, conditionally approve or disapprove the
preliminary plat within sixty (60) days from the official submission
date. If the preliminary plat is approved conditionally or tabled
for further consideration, the applicant shall be advised of any required
changes and/or additions necessary for approval.
G.
Action by the Planning and Zoning Commission
shall be conveyed to the subdivider in writing within seven (7) working
days after the meeting at which the plat was considered. One (1) copy
of the preliminary plat shall be returned to the developer with the
date of approval, conditional approval or disapproval and the reasons
therefor accompanying the plat. The approval of the preliminary plat
does not constitute an acceptance of the subdivision but is deemed
to be an authorization to proceed with the platting process.
H.
Standards For Approval Of A Preliminary
Plat. No preliminary plat of a proposed subdivision shall be approved
by the Planning and Zoning Commission unless the applicant proves
by clear and convincing evidence that:
1.
Provisions have been made for adequate
public facilities. The water supply system shall be sufficient in
terms of quantity, dependability and quality to provide an appropriate
supply of water for the type of subdivision proposed. If a public
sewage system is proposed, adequate provision has been made for such
a system and if other methods of sewage disposal are proposed, that
such systems will comply with Federal and State laws and regulations
in addition the requirements of these regulations;
2.
All areas of the proposed subdivision
that may involve soil or topographic conditions presenting hazards
or special precautions have been identified by the subdivider and
that the proposed uses of these areas are compatible with such conditions;
3.
The proposed subdivision will not
result in the scattered subdivision of land that leaves undeveloped
parcels of land lacking urban services between developed parcels;
and
4.
The subdivider has taken every effort
to mitigate the impact of the proposed subdivision on the public health,
safety and welfare.
|
The Planning and Zoning Commission
is authorized to disapprove the preliminary plat even though the land
proposed for subdivision is zoned for the use to which the proposed
subdivision will be put and the proposed use is consistent with the
Comprehensive Plan.
|
I.
Effective Date. The approval of a preliminary
plat shall be effective for a period of twelve (12) months from the
date that the preliminary plat is approved by the Planning and Zoning
Commission. At the end of this period the applicant must have submitted
a final plat for approval or the Planning and Zoning Commission must
have granted an extension to the validity of the preliminary plat
at the request of the property owner.
[R.O. 2004 § 410.160; Ord. No. 2.56 § 3(Art. 4 § 4.04), 1-9-2001; Ord. No. 2.88 § 1, 8-12-2003; Ord. No. 2.113 § 1, 1-24-2006]
A.
Intent. The final plat should be in substantial
conformance with the preliminary plat or sketch plat and should reflect
a final subdivision layout based upon completed construction documents.
The final plat is the document to be recorded. All construction shall
be in accordance with the final plat and construction documents.
B.
General.
1.
Final plat submittal is required
for all subdivision classifications.
2.
In order to proceed, the applicant
shall submit an application for approval of a final plat within one
hundred eighty (180) days of the notice to proceed or twelve (12)
months of the approval of a preliminary plat. If the final plat application
is not filed within the 180-day or twelve-month period, the applicant
must resubmit a sketch plat and/or a preliminary plat as required
for the subdivision classification, unless an extension is granted
by staff.
3.
The final plat shall conform substantially
to the sketch plat or preliminary plat as applicable.
4.
The preliminary plat may constitute
only a portion of the final plat that the subdivider proposes to record
and develop.
C.
Application Procedure And Requirements.
1.
Application. Final plat application
shall be made on forms available at City Hall or in the City of Mount
Vernon Procedures Manual. All applications shall be filled out in
their entirety. Applications shall be reviewed for completeness within
five (5) working days of filing. If the City determines that the application
is complete, the application shall then be processed. If the City
determines that it is incomplete, the City shall, within such five-day
period, notify the applicant of the specific ways in which the application
is deficient. Incomplete applications will not be accepted or placed
on an agenda for review and consideration. As such, applicants are
encouraged to submit applications earlier that the deadlines specified
in the adopted City of Mount Vernon application and review schedule.
2.
Fees. Charges incurred during professional
third party reviews of construction documents and other materials,
as deemed necessary by the City, will be charged to the developer
and must be paid before approval to proceed to construction is granted
by the Planning and Zoning Commission.
3.
Submittal Materials. The subdivider
shall submit four (4) paper copies of the final plat.
D.
Final Plat Features. All final plats shall
contain:
1.
Scale of plat, one (1) inch equals
one hundred (100) feet or larger, on twenty-four by thirty-six (24
x 36) inch sheets. If more than one (1) sheet is required to cover
the entire development, an index map of the same dimensions shall
be filed showing the entire development at a smaller scale. The dimensions
indicated are standard for all final plats and shall be complied with.
2.
The Proposed Name Of The Subdivision.
The name shall not duplicate or too closely resemble the name or names
of any existing subdivision(s).
3.
Location of the proposed subdivision
in relation to section, township, range, County and State, including
the description boundaries of the subdivision based on an accurate
traverse, giving angular and linear dimensions that must be mathematically
correct. The allowable error of closing on any portion of the plat
shall be one (1) foot in five thousand (5,000) feet.
4.
The location of existing monuments
or bench marks shall be shown and described on the final plat. Location
of such monuments shall be shown in reference to existing official
monuments or the nearest established street lines, including the true
angles and distances to such reference points or monuments.
5.
The location of lots, streets, public
highways, alleys, parks and other features with accurate dimensions
in feet and decimals of feet with the length of radii on all curves
and other information necessary to reproduce the plat on the ground.
6.
Lots shall be numbered clearly. Blocks
shall be numbered or lettered clearly in the center of the block.
7.
The exact locations, widths and names
of all streets and alleys to be dedicated.
8.
Boundary lines and description of
the boundary lines of any area other than streets and alleys that
are to be dedicated or reserved for public use.
9.
All building setback lines with dimensions.
10.
The location of any floodplain located
within the proposed subdivision and a statement regarding compliance
with the City's adopted floodplain regulations.
11.
Name, signature and seal of the licensed
land surveyor preparing the plat.
12.
Scale of the plat (scale to be shown
graphically and in feet per plat scale inch), date of preparation
and north point.
13.
Statement dedicating all easements,
streets, alleys and all other public areas not previously dedicated.
14.
Acknowledgments for Planning and
Zoning Commission Chairperson/Secretary and Board of Aldermen Mayor/City
Clerk to show titles only, no proper names.
E.
Supplemental Data. The following additional
information shall be submitted with the final plat at the time of
application:
1.
Restrictive Covenants. A copy of
any restrictive covenants applicable to the subdivision.
2.
A certificate showing that all taxes
and special assessments due and payable have been paid in full; or
if such taxes have been protested as provided by law, monies or other
sufficient escrows guaranteeing such payment of taxes in the event
the protest is not upheld may be placed on deposit with such official
or governing bodies to meet this requirement.
3.
Owner's Acknowledgment. The names
and signatures of the owner or owners of the property duly acknowledged
and notarized shall appear on the original and copies or prints submitted.
4.
Final Landscaping Plan. The subdivider
shall submit a final landscaping plan, per the City of Mount Vernon
zoning regulation requirements, for landscaping and buffering. This
plan is intended to be detailed suitable for construction.
F.
Final Plat Action By The Planning And Zoning
Commission. After the Planning and Zoning Commission has reviewed
the preliminary plat, applicable reports submitted and any additional
materials submitted to determine conformance with the subdivision
regulations and preliminary plat, the Planning and Zoning Commission
shall approve, conditionally approve or disapprove the final plat
within sixty (60) days from the official submission date. If such
determination is not made within sixty (60) days after the first meeting
of the Planning and Zoning Commission following the date of the submission
of the plat to the Zoning Administrator, such plat shall be deemed
to have been approved and a certificate of approval shall be issued
by the Secretary of the Planning and Zoning Commission upon demand.
If the Planning and Zoning Commission
finds that the plat does not conform to the requirements of the subdivision
regulations or the preliminary plat and is approved conditionally
or tabled for further consideration, the applicant shall be advised
of any required changes and/or additions and the Zoning Administrator
shall notify the owner or owners of such fact in writing within five
(5) working days of the meeting in which the plat was considered.
If the plat conforms to the requirements of the regulations and the
preliminary plat, there shall be endorsed thereon the fact that the
plat has been submitted to and approved by the Planning and Zoning
Commission. The action of the Planning and Zoning Commission on final
subdivision plats shall be taken by a majority vote of the entire
membership of the Planning and Zoning Commission.
G.
Standards For Approval Of A Final Plat.
The final plat of a proposed subdivision shall be approved by the
Planning and Zoning Commission if the applicant proves by clear and
convincing evidence that:
1.
The plat meets the requirements of
these regulations;
2.
The construction documents have been
approved by the City Engineer; and
3.
The plat is in substantial compliance
with the approved preliminary plat (major subdivisions) or sketch
plat (minor subdivision). The final plat shall be deemed to be in
substantial compliance with the approved preliminary plat provided
any modification to the plat does not:
H.
The Governing Body shall accept or refuse
the dedication of land for public purpose within thirty (30) days
after the first meeting of the Governing Body following the date of
the submission of the plat to the Zoning Administrator from the Planning
and Zoning Commission. The Governing Body may defer action for an
additional thirty (30) days for the purpose of allowing for modifications
to comply with the requirements established by the Governing Body.
No additional filing fees shall be assessed during that period. If
the Governing Body defers or refuses such dedication, it shall advise
the Planning and Zoning Commission of the reasons therefor.
[R.O. 2004 § 410.170; Ord. No. 2.56 § 3(Art. 4 § 4.05), 1-9-2001; Ord. No. 2.100 § 1, 7-27-2004; Ord. No. 2.113 § 1, 1-24-2006]
A.
General Requirements.
1.
A stormwater control proposal shall
be submitted for all major subdivisions at the time of final plat
application.
2.
Design must be in regards to the
effects of upstream drainage areas developed to the maximum watershed
potential allowed by the zoning district in which they are located.
This also applies to on-site engineering and the ability of downstream
facilities to accommodate the calculated stormwater discharge from
the project.
3.
Determination must be made if storm sewers are required in regards to Subsection (A)(2) above. Design shall be in accordance with the Standard Specifications and Design Criteria of the City of Mount Vernon.
4.
Calculations shall consider flow
from two-, ten- and 100-year storm events for each on-site drainage
area.
5.
Construction documents shall contain
plans, profiles, details, specifications and cost estimates of storm
drainage improvements. These are required at the time of final plat
submission.
6.
Any development within a National
Flood Insurance Program designated floodplain shall be in accordance
with all current NFIP regulations as adopted by the City of Mount
Vernon.
7.
Where springs or other sources of
surface water exist or result from the development, the City may require
the developer to construct adequate facilities for drainage. Such
facilities shall be located in the street right-of-way where feasible
or in perpetual, unobstructed easements.
8.
If connection to a public storm sewer
will be provided eventually, as determined by the City Engineer and
the Planning and Zoning Commission, the developer shall make arrangements
for future stormwater disposal by a public utility system at the time
the plat receives final approval. Provision for such connection shall
be incorporated by inclusion in the subdivision improvement agreement
required for the subdivision plat.
B.
Detention Facilities.
1.
Simple Analysis. For areas where
there are no imminent downstream flooding problems, and where the
peak runoff rate from the drainage area (off site and on site) upstream
of the detention facility does not exceed one hundred fifty (150)
cubic feet per second based on a 100-year storm event under fully
developed conditions, the simplified volume formula may be used.
2.
Detailed Analysis.
a.
In areas where residences or other
structures located downstream of a development can be shown to have
an imminent flooding hazard, a detailed analysis using hydrographs
and reservoir routing techniques will be required.
b.
Residences or other structures will
be defined as having an imminent flooding hazard when the lowest point
at which runoff may gain entry is located at or below the estimated
flooding level which would result from a ten-year storm event or greater
under conditions existing in the basin prior to development of the
applicant's property.
c.
Detailed analysis will be required
for all detention facilities where the peak runoff rate from the area
upstream of the detention facility (off site and on site) exceeds
one hundred fifty (150) cubic feet per second for a 100-year storm
event under fully developed conditions.
C.
Calculation Methods.
1.
Simple analysis refers to the rational
method of runoff calculations or as referred to here as the simplified
volume formula.
2.
Detailed analysis refers to those
techniques developed by the Corps of Engineers and the Soil Conservation
Service. These methods are preferred, however other proven methods
will be accepted. The type of method must be designated on the submitted
stormwater control study.
[R.O. 2004 § 410.180; Ord. No. 2.56 § 3(Art. 4 § 4.06), 1-9-2001]
B.
Application Procedure And Requirements.
1.
Application. Construction documents are to be submitted with any final plat application as specified in Section 410.160(D).
2.
Submittal Materials. The subdivider
shall submit copies of the construction drawings in accordance with
the City's application and review schedule. These documents shall
be submitted at the time of final plat application.
C.
Construction Documents Contents.
1.
Plans, profiles, details, specifications
and cost estimates for roadway and sidewalk construction, including
plans and profiles for each street with a typical cross section of
the roadway. The profiles of grade lines shall be shown to a scale
of one (1) inch equals fifty (50) feet horizontal and one (1) inch
equals five (5) feet vertical. The City Engineer may require a larger
format as necessary to show adequate detail. This information shall
be shown on standard plan and profile sheets unless otherwise required.
Where steep slopes exist, cross sections of all proposed streets at
100-foot stations may be required as follows: On a line at right angles
to the center line of the street and said elevation points shall be
at the center line of the street, each property line and points twenty-five
(25) feet inside each property line.
2.
Plans, profiles, details, specifications
and cost estimates of proposed storm drainage improvements.
3.
Plans, profiles, details, specifications
and cost estimates of proposed water distribution systems and proposed
water supply facilities and hydrants, if any.
4.
Plans, profiles, details, specifications
and cost estimates of sewerage systems and of any required sewage
treatment facilities.
5.
Grading plans for all lots and other
sites in the subdivision.
6.
Erosion control plan for the subdivision.
7.
Copies of all State and Federal permits
required to begin construction.
8.
When unusual site conditions exist,
staff may require such additional plans, specifications and drawings
as may be necessary for an adequate review of the improvements to
be installed.
9.
All plans shall be based on City
or USGS datum for vertical control.
D.
Review Of Plans. The City Engineer shall
review all construction documents in order to determine that they
comply with City design standards. The City Engineer shall notify
the subdivider and the planning staff in the event that the drawings
do not so conform or comply and shall specify the specific manner
in which such drawings do not so comply. The subdivider shall then
correct any defective drawings and resubmit the corrected drawings.
E.
Approval By Planning And Zoning Commission.
The Planning and Zoning Commission shall approve a final plat only
after consideration of the City Engineer's opinion that the drawings
are consistent with the approved sketch plat and/or preliminary plat
and comply with their design standards.
[R.O. 2004 § 410.190; Ord. No. 2.56 § 3(Art. 4 § 4.07), 1-9-2001]
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.
Procedure When Future Resubdivision Is
Indicated. Whenever land proposed for resubdivision includes land
for which future resubdivision is indicated, such resubdivision shall
conform to the criteria specified in preliminary platting.
D.
Waiver. Whenever the Planning and Zoning 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 Section, the Planning and Zoning Commission may waive the requirements of Section 410.370(A).
The Planning and Zoning Commission,
after an express request for waiver, shall approve, approve conditionally
or disapprove such request based upon staff recommendation and other
relevant considerations, including, but not limited to, the following:
E.
Request For Waiver Content. All requests
for waiver shall include the following:
1.
The number of copies of the final
plat in accordance with the City's application and review schedule
illustrating the proposed changes;
2.
A written statement describing the proposed changes, the need for such and how the changes meet the matters to be considered from Section 410.190(C) above;
3.
Any additional documents which may
further explain the proposed changes; and
4.
Any additional information needed
to determine the appropriateness of the proposed changes.
