[R.O. 1992 § 410.035; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
A. Purpose. This Section is intended to outline the subdivision process in order to avoid confusion or undue hardships for the subdivider. A chronological sequence of the subdivision procedure is outlined below.
B. Outline Of Procedures.
1. It is recommended that each applicant first confer with the City Engineer, or authorized representative, to become familiar with the applicable rules and regulations through a pre-design conference before submitting a preliminary subdivision plat. The subdivider should thus become thoroughly informed of the subdivision, zoning and setback requirements and of the Comprehensive Plan for the City or for any portion of the City affecting the territory in which the proposed subdivision is to be located.
2. Whenever any subdivision of land is proposed, before any contract is made for the sale of any part of the subdivision, and before any permit for the development of or construction of any improvement on any land in such proposed subdivision shall be granted, the applicant shall apply for and secure approval of such proposed subdivision in accordance with the following procedures, which include the following:
b. Sketch plat review (optional).
c. Technical design conference (optional).
d. Preliminary subdivision plat and subdivision construction plans.
3. Prior to or at the time of submission of the Preliminary Subdivision Plat, the applicant shall pay a processing fee determined as follows:
a. Subdivisions containing two (2) lots or fewer: seventy-five dollars ($75.00).
b. Subdivisions containing more than two (2) lots: seventy-five dollars ($75.00) plus seven dollars ($7.00) per lot in excess of two (2) lots.
C. Pre-Design Conference. A developer contemplating the development of a new subdivision should request a preapplication review conference with the City subdivision review team. The objective of this procedure is to provide for an informal review of a proposed subdivision with the developer and appropriate City staff. This informal review will give the developer an opportunity to become familiar with the applicable subdivision regulations and to discuss the subdivision requirements before incurring substantial expense in making detailed plans. The developer should prepare and bring to the conference a rough sketch of the proposed subdivision.
D. Sketch Plan Review. Prior to submitting a preliminary plat for the subdivision of land it is recommended that the subdivider or developer submit to the Planning and Zoning Commission a sketch plan for the tract to give the Commission an opportunity to review the project, make any necessary suggestions, and approve the concept of the development prior to the developer submitting the preliminary plat. The sketch plat allows for an initial review of planning and can accommodate appropriate changes in lot configuration and density at minimum design costs. The sketch plat shall include the following information, all of which may be based on sources of information other than field survey data:
1. The location of the tract in relation to the surrounding area;
2. The approximate location of all existing structures within the tract proposed to be retained and wooded areas within the tract and within two hundred (200) feet thereof;
3. The names of the owners of all property adjoining the tract as disclosed by the most recent Assessor's record;
4. All existing streets, roads, and approximate location of wet and dry weather watercourses, floodplain areas, sink holes, and other significant physical features within the tract and within two hundred (200) feet thereof;
5. Proposed preliminary construction plans;
6. Approximate location of proposed streets and property lines;
7. A rough sketch of the proposed site plan;
8. North arrow and scale; and
9. Direction of and approximate distance to nearest existing major street intersection.
E. Technical Design Conference. After the Planning and Zoning reviews and comments on the sketch plan, a technical design conference is recommended. The voluntary technical design conference provides an opportunity for the applicant to voluntarily review with the City Engineer, the City Planner and other appropriate City personnel, the City's design and construction standards as they affect the applicant's development objectives. This procedure will enable the applicant to receive the benefit of input from City personnel prior to the design of the subdivision construction plans and the preliminary plat.
F. Preliminary Subdivision Plat. The preliminary plat shall be prepared by a licensed land surveyor. The survey work for a preliminary subdivision plat should provide sufficient information regarding a proposed subdivision of land to allow the Commission to evaluate the site development concept as it relates to the City's goals and objectives in general and for the area being subdivided in particular, and to decide on the merits of the proposed subdivision. Plans shall be drawn at a horizontal scale of not more than one (1) inch equals fifty (50) feet, and a vertical scale of one (1) inch equals ten (10) feet, and map sheets shall be no greater than twenty-four (24) inches by thirty-six (36) inches. The following information should be included on the preliminary plat:
1. All information required in Section
410.035(D), Sketch Plan Review.
2. The location of property with respect to surrounding properties and the names of the owners of surrounding property; the names of adjacent streets.
3. The location and dimensions of all boundary lines of the property to be expressed in feet and decimals, along with bearings and angles of all lines.
4. A key map showing the tract and its relation to the surrounding area.
5. The location of existing streets, easements, water bodies, streams, railroads, buildings, parks, drainage ditches and other pertinent features on adjoining property within two hundred (200) feet of the border of the subject tract.
6. The name proposed for the tract or such part thereof as is proposed to be subdivided, which shall be original and not a duplication of the name of any previously recorded subdivision or development in Franklin County. The developer shall include a certification from the Recorder of Deeds Office to this effect.
7. The North point, date and scale.
8. Sufficient existing and proposed contour data to indicate the slope and drainage of the tract and the high and low points thereof. Contours shall be with the intervals of two (2) feet, referred to sea level datum. Contour data shall extend two hundred (200) feet beyond the limits of the subdivision boundaries. United States Geological Survey data is required.
9. Location of existing sewers, water mains, culverts or other underground structures within the tract and immediately adjacent thereto with pipe sizes and grades.
10. All parcels of land intended to be dedicated for public use or reserved for the use of all property owners in the proposed subdivision.
11. A copy of all restrictions or limitations to be placed upon the use and enjoyment of the proposed subdivision.
12. Layout, names and widths of all proposed streets, including profiles of each street with tentative grades and cross sections of proposed streets. Provide detail of paved approaches within the right-of-way.
13. Locations of all easements.
14. Location, size of all storm sewers, sanitary sewers, waterlines, streetlights, fire hydrants and other utilities.
15. Layout, location, dimensions and area of all proposed lots with identification of each lot and showing all setback lines.
16. Title block indicating the date of plan submission to the Planning and Zoning Commission and the following names and addresses:
a. The record owner or owners of the tract.
b. The engineer and land surveyor who will design improvements for and survey the tract or such part thereof as is proposed to be subdivided.
c. The party for whom the plat was prepared.
17. The approximate area of the tract stated in tenths of an acre.
18. The zoning district, including delineation of Floodplain Zone, if any, and the Township, Range, Section, and United States Survey, and any other special district in which the tract is located.
19. Any proposed alteration, adjustment, or change in the elevation or topography of any area in a Floodplain Zone or shown on the Federal Emergency Management Agency's (FEMA's) flood boundary and floodway maps.
20. If the developer intends to subdivide any portion of the parcel into a multiple-dwelling-unit subdivision or subdivision being developed under a special use permit, then the preliminary plat shall, in addition, include the following data:
d. Maximum number of units allowed.
e. Maximum number of units proposed.
g. Distance between structures.
21. A certification by a registered land surveyor or engineer who prepared the plat that the plat is a correct representation of all existing and proposed land divisions.
22. Access management criteria; dimension and location of curb cuts on all developments.
23. Provide arrows showing traffic pattern for all non-residential development.
24. Provide parking calculations indicating number required and number provided for all multifamily, commercial, and industrial development.
25. The approximate location and size of culverts, storm sewers, impoundments and other stormwater management facilities on or immediately adjacent to the site.
26. Recreational area, if proposed, will delineate the type of facilities and who will be responsible for operation and maintenance of same.
27. The accurate outline of all property which is offered for dedication for public use, and of all property that may be reserved by covenant in the deeds for the common use of the property owners in the subdivisions, with the purpose indicated thereon. All lands dedicated to the public use shall be marked on each plan "Dedicated to the Public" and shall be accepted, in writing, by the governing body of the City by affixing the signature of the duly designated official on the plat.
G. Submission Review Procedure.
1. Submission By Applicant. The applicant shall submit five (5) copies of the preliminary subdivision plat and an electronic copy to the Planning and Zoning Commission at least fifteen (15) working days prior to the next regularly scheduled Planning and Zoning Commission meeting. Major subdivision plats, those with five (5) lots or more, require more time for review and therefore a minimum of twenty (20) working days prior to the next regularly scheduled Planning and Zoning Commission meeting are required for submission.
2. City Engineer Review. Prior to submission to the Commission, the City Engineer shall review the application to ensure that the preliminary subdivision plat:
a. Meets all submission requirements. Any plat and application that does not contain all required information shall not be accepted for review by the Planning and Zoning Commission.
b. Substantially meets all land development standards of this Title and those of any other applicable City regulations. The City Engineer shall identify all deficiencies and issues to be addressed in more detail and resolved in the subdivision construction plans or in the final subdivision plat to the satisfaction of the City. The City Engineer shall submit a report to the Planning and Zoning Commission regarding staff views and comments.
3. Planning and Zoning Commission. The Planning and Zoning Commission shall consider the merits of the preliminary subdivision plat and review the comments of related City staff at its next regular meeting. By majority vote, the Planning and Zoning Commission shall recommend approval or disapproval of the preliminary plat. A vote of disapproval shall be accompanied by reasons for such action. In approving a preliminary subdivision plat, the Commission may impose conditions to be resolved in the final subdivision plat.
4. City Council Action. After consideration and recommendation of the preliminary plat by the City Engineer and Planning and Zoning Commission, the preliminary plat shall be submitted to the City Council for its approval. Such approval or rejection shall be given within sixty (60) days after the City Council receives the Planning and Zoning Commission's recommendation. After approval of the preliminary plat by the City Council, the Mayor and City Clerk shall sign one (1) copy of the preliminary plat and return the same to the developer or subdivider not later than seven (7) days after approval is given.
5. Effect Of Approval. Upon receipt of the signed copy of the preliminary plat and approved construction plans, the developer or subdivider shall be authorized to begin construction of the minimum improvements as required herein on the entire subdivision or the section or plat of the subdivision so approved. All minimum improvements shall be installed and approved before the final plat is submitted to the City unless written approval is given by the City Council to complete said improvements as the subdivision is developed.
a. In lieu of the completion of the minimum improvements previous to the final approval of a plat, the City Council shall accept, at the option of the developer, an escrow secured with cash or an irrevocable letter of credit deposited with the City. The City may accept a surety bond and such bond shall be in an amount and with surety and other reasonable conditions, providing for and securing the actual construction and installation of the minimum improvements within a period specified by the City Council and expressed in the bond. The release of any such escrow, letter of credit or bond by the City Council shall be as specified in this Section. The City Council may enforce the escrow or bond by all appropriate legal and equitable remedies.
b. In the event a developer who has posted an escrow, or letter of credit, or bond with the City in accordance with Subsection
(G)(5)(a) transfers title of the subdivision property prior to full release of the escrow, letter of credit or bond, the City shall accept a replacement escrow or letter of credit from the successor developer in the form allowed in Subsection
(G)(5)(a) and in the amount of the escrow or letter of credit held by the City at the time of the property transfer and, upon receipt of the replacement escrow or letter of credit, the City shall release the original escrow or letter of credit in full and release the prior developer from all further obligations with respect to the minimum improvements if the successor developer assumes all of the outstanding obligations of the previous developer. The City may accept a surety bond from the successor developer in the form allowed in Subsection
(G)(5)(a) and in the amount of the bond held by the City at the time of the property transfer and, upon receipt of the replacement bond, the City shall release the original bond in full and release the prior developer from all further obligations with respect to the minimum improvements.
c. Any escrow or bond amount held by the City to secure actual construction and installation on each component of the improvements or utilities shall, upon request, be released within thirty (30) days of completion of each category of improvement or utility work to be installed, minus a maximum retention of five percent (5%) which shall be released upon completion of all improvements and utility work. The City shall inspect each category of improvement or utility work within twenty (20) business days after a request for such inspection. Any such category of improvement or utility work shall be deemed to be completed upon certification by the City Engineer that the project is complete in accordance with the ordinance of the City, including the filing of all documentation and certifications required by the City, including the filing of as-built drawings as required by Section
410.035(G)(7) with the City Engineer, in complete and acceptable form. The release shall be deemed effective when the escrow funds or bond amount are duly posted with the United States Postal Service or other agreed-upon delivery service or when the escrow funds or bond amount are hand delivered to an authorized person or place as specified by the owner or developer.
d. If the City has not released the escrow funds or bond amount within thirty (30) days as provided in this Section or provided a timely inspection of the improvements or utility work after request for such inspection, the City shall pay the owner or developer in addition to the escrow funds due the owner or developer, interest at the rate of one and one-half percent (1 1/2%) per month calculated from the expiration of the thirty-day period until the escrow funds or bond amount have been released. Any owner or developer aggrieved by the City's failure to observe the requirements of this Section may bring a civil action to enforce the provisions of this Section. In any civil action or part of a civil action brought pursuant to this Section, the Court may award the prevailing party or the City the amount of all costs attributable to the action, including reasonable attorneys' fees.
6. Preliminary Plat Effective Date.
a. Approval of the preliminary plat shall be effective for a period of two (2) years. Any subdivision in which the final plat has not been submitted for approval within this period shall be null and void and the developer shall be required to resubmit a new plat for preliminary approval subject to all new subdivision regulations and zoning.
b. If the final plat has been approved without construction of the minimum improvements, if said minimum improvements are constructed within two (2) years of final plat approval, they shall be constructed according to the regulations in effect at the date of final plat approval. If said minimum improvements are constructed more than two (2) years after final plat approval, they shall be constructed according to the regulations in effect at the date construction commences.
7. As-Built Plans Required. As-built drawings of subdivision improvements are required. After the sanitary sewer, storm sewers, sidewalks, and pavement have been constructed and installed, but before the City Engineer, or his/her authorized agent, recommends final approval or acceptance, the developer shall submit two (2) sets of as-built drawings showing any changes to the above-mentioned improvements. All as-built drawings shall have the seal of a professional engineer certifying the accuracy of all improvements.
8. Certification Of Improvements.
a. Prior to approval of the final plat, the City Engineer and City Clerk will certify to the City Council that the improvements have been completed to their satisfaction or that the necessary and required steps have been taken to see that they shall be completed as proposed. No final plat shall be approved until the subdivider or developer has paid the City all fees for inspection of subdivision improvements as determined as follows:
(1) Grading inspection: fifteen dollars ($15.00) per acre.
(2) Street inspection: thirty dollars ($30.00) per one hundred (100) linear feet of street.
(3) Waterline inspection: fifteen dollars ($15.00) per one hundred (100) linear feet of waterline installed.
(4) Sanitary sewer main inspection: fifteen dollars ($15.00) per one hundred (100) linear feet of sewer main installed.
(5) Storm sewer line inspection: fifteen dollars ($15.00) per one hundred (100) linear feet installed.
b. The inspection fees shall be pro-rated for acreage or lengths less than those specified herein.