[Amended 1979 by Ord. No. 62; 1993 by Ord. No. 252; 8-28-2017 by Ord. No. 615]
No plat of any subdivision shall be entitled to record in the
County Clerk's office or have any validity until it has been approved
in the manner prescribed in this chapter. All plats shall be filed
and recorded within 30 days of approval by the Town Council. Any plat
not so recorded shall be void and not subject to recording without
reapproval by the Town Council. In the event any such unapproved plat
is recorded, it shall be considered invalid, and the Town Council
shall institute proceedings to have the plat stricken from the records
of the county. The subdivider shall bear all costs associated with
such proceedings.
The developer may sell the entire property being subdivided
as current ownership. No owner or agent of the owner of any land located
within a subdivision shall transfer, sell, or agree to sell a portion
of the land by reference to, exhibition of or by the use of a plan
or plat of a subdivision before such plan or plat has been approved
and recorded in the manner prescribed in this chapter. Any sale or
transfer contrary to the provisions of this section is voidable within
one year at the option of the buyer. The description of such lot or
parcel by metes and bounds in the instrument of transfer or other
documents used in the process of selling or transferring shall not
exempt the transaction from the provisions of this chapter.
No Town permit shall be issued for any structure on a lot in
a subdivision for which a plat has not been approved and recorded
in the manner prescribed by this chapter.
The Town shall withhold all public improvements of whatsoever
nature, including the maintenance of streets and the furnishing of
sewerage facilities and water service, from all subdivisions which
have not been approved and from all areas dedicated to the public
which have not been accepted by the Town Council in the manner prescribed
in this chapter.
No change, erasure, modification or revision shall be made to
any plat of a subdivision after approval has been given by the Town,
and endorsed in writing on the plat, unless the plat is first resubmitted
to the Town.
[Amended 2-8-2021 by Ord. No. 679]
For every subdivision of land submitted to the Town for approval,
the subdivider shall pay the following fees, costs and expenses:
A.
Predesign sketch plan: base fee as set by resolution; payable upon
filing of sketch plan.
B.
Preliminary plat.
(1)
Base fee as set by resolution; payable upon filing of preliminary
plat.
(2)
Preliminary plat expense prepayment as set by resolution; payable
upon filing of preliminary plat.
(3)
Reimbursable fee.
(a)
Reimbursement to the Town for all costs of publication incurred
in conjunction with the filing and approval of subdivision plats,
fees incurred in mailing notices of hearings conducted in conjunction
with preliminary or final plats, and any other costs or fees related
to the subdivision; and
(b)
Reimbursement to the Town for all costs associated with inspections
and reviews, including, but not limited to, materials and third-party
engineering involvement. If the engineering, or a portion thereof,
is either beyond the review capabilities of the Town or is in dispute,
either party may request a neutral third-party professional engineer
to review any portion of the preliminary plat, construction drawings,
construction inspections, and/or the final plat. The subdivider shall
reimburse the Town for all incurred costs related to the third-party
engineer. Any outside review scope and costs shall be agreed to by
both the Town and the subdivider prior to the third-party review.
In the event the Town Engineer is the design engineer, an outside
neutral third-party professional engineer shall be hired at the subdivider's
expense to do all required reviews and inspections.
(4)
Preliminary plat expense prepayment shall be applied towards the
reimbursable fees set out above. Any funds not expended shall be refunded
to applicant. Applicant will be responsible for all excess reimbursable
fees. Reconciliation of all reimbursable costs shall be completed
and payment made prior to approval of the preliminary plat.
C.
Final plat base fee: the base fee as set by resolution; payable before
final plat is released for recording.
At the request of the applicant, the Mayor may waive a requirement
in this chapter upon recommendation of the Town Engineer. The Town
Council shall be informed of the request and the Mayor's decision.
If the applicant does not agree with the decision of the Mayor, the
applicant may present the waiver request to the Town Council for consideration.
