[Prior Code, § 720.010]
This chapter shall be known, referred to and cited as The Land
Subdivision Code. This chapter is to provide for the coordination
of streets within subdivisions with other existing or planned streets
or with other features of the Comprehensive Plan of the City, for
minimum requirements of the preliminary and final plats, for minimum
standards of physical improvements in new subdivisions, for adequate
open spaces, for traffic, recreation, light and air and for a distribution
of population and traffic for the health, safety and general welfare
of the community.
[Prior Code, § 720.020]
For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
A line on a plat between which line and a street no building
or structure may be erected.
A plan made and adopted by the Planning Commission indicating
the general locations recommended for the streets, parks, public buildings,
and all other public improvements.
A minor street with only one outlet and culminated by a turn
around.
A street intended to serve as a major traffic way and designated
as a major street in the Comprehensive Plan.
A street intended to serve the local needs of an area and
not designated as a major street in the Comprehensive Plan.
The division of a lot, tract or parcel of land into two or
more lots, or other division of land into parcels of one acre or less
in area, or the dedication of streets, ways or other areas for the
use of the public. The sale or transfer of land of one acre or more
is exempted from recording a plat but shall be certified by the Planning
Commission.
[Prior Code, § 720.030]
(A)
It shall be unlawful for any person being the owner, agent or person
having control of any land within the City, to subdivide or lay out
such land in lots unless by a plat, in accordance with the regulations
contained herein. No lots shall be sold nor any plat recorded until
such plat has been approved as herein provided.
(B)
The subdivider shall submit preliminary plans in accordance with
the specifications of § 153.05 hereof to the Board of Aldermen
for approval.
(D)
Upon approval of improvement installations or arrangements therefor,
the final plat shall be submitted to the Board of Aldermen in accordance
with the provisions of § 153.07 hereof.
[Prior Code, § 720.040; Penalty, see § 153.99]
(A)
Relation to adjoining street system. The arrangement of the streets
in new subdivisions shall make provisions for the continuation of
the principal existing streets in adjoining areas (or their proper
projection where adjoining land is not subdivided), insofar as they
may be deemed necessary by the Planning Commission for the public
requirements. Off-set streets should be avoided. The angle of intersection
between minor streets and major streets should not vary by more than
10° from a right angle. Streets obviously in alignment with existing
streets shall bear the names of the existing streets. All proposed
street names shall be checked against duplication of other names.
The widths and locations of major streets shall conform to the widths
and locations designated on the Comprehensive Plan.
(B)
Design standards.
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Low-Density Area, Over 20,000 square feet per Unit
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Medium-Density Area, 6,000 to 20,000 Square Feet Per Unit
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High Density Area, Less Than 6,000 Square Feet Per Unit
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For Right-of-Way:
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1.
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ROW width
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50 feet
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50 feet
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60 feet
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2.
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Alley width, if provided
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20 feet
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20 feet
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24 feet
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3.
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Easements, total
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10 feet
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10 feet
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10 feet
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4.
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Maximum block length
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1,500 feet
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1,000 feet
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1,000 feet
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5.
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Minimum block length
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500 feet
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500 feet
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400 feet
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6.
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Maximum cul-de-sac length
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1,500 feet
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1,000 feet
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750 feet
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7.
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Minimum cul-de-sac length
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40 feet
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50 feet
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50 feet
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For Improvements:
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8.
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Pavement width
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20 feet
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28 feet
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36 feet
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9.
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Maximum grade
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8%
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8%
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8%
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10.
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Minimum sight distance
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150 feet
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150 feet
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150 feet
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11.
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Sidewalk width
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0 feet
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4 feet
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5 feet
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12.
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Sidewalk feet from curb
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—
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6 feet
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6 feet
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For Lots:
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13.
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Minimum building line
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25 feet
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25 feet
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25 feet
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14.
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Minimum lot width at building line
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80 feet
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60 feet
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50 feet
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15.
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Minimum lot depth
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125 feet
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100 feet
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100 feet
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16.
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Maximum lot depth
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3 x width
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3 x width
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3 x width
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17.
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Minimum average lot width, corner lot
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85 feet
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85 feet
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85 feet
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18.
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Radius on corner lots
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20 feet
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20 feet
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30 feet
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(C)
Character of development.
(1)
The Commission shall confer with the subdivider regarding the
type and character of development that will be permitted in the subdivision
and may agree with the subdivider as to certain minimum restrictions
to be placed upon the property.
(2)
Deed restrictions or covenants should be included to provide
for the creation of a property owners' association or board of
trustees for the proper protection and maintenance of the development
in the future, provided, however, that such deed restrictions or covenants
shall not contain reversionary clauses wherein any lot shall return
to the subdivider because of a violation thereon of the terms of the
restrictions or covenants.
(3)
Where the subdivision contains sewers, sewage treatment plants,
water supply systems, park areas, street trees or other physical facilities
necessary or desirable for the welfare of the areas and which are
of common use or benefit and are not or cannot be satisfactorily maintained
by an existing public agency, provision shall be made by trust agreement,
made a part of the deed restrictions acceptable to any agency having
jurisdiction over the location and improvement of such facilities,
for the proper and continuous maintenance and supervision of such
facilities.
(4)
Parks, school sites, and the like. Where an area being subdivided
includes plans proposed to be used for parks or schools, under the
duly adopted comprehensive plan of the City and environs, the subdivider
shall not plat such lands as a part of the subdivision plat, and shall
confer with the appropriate public agency regarding the time, method
and amount of payment for the agency to acquire the land. If no agreement
has been reached upon the acquisition of the area within two years
from the date of the submission of the preliminary plan, the subdivider
may then plat the balance of the area.
(D)
Easements along streams. Whenever any stream or important surface
drainage course is located in an area which is being subdivided, the
subdivider shall provide an adequate easement along each side of the
stream for the purpose of widening, deepening, sloping, improving
or protecting the stream or drainage course.
[Prior Code, § 720.050; Penalty, see § 153.99]
(A)
Whenever any person desires to subdivide land, he or she shall submit
three copies of the preliminary plan conforming to the requirements
of § 153.04 to the Board of Aldermen before submission of
the final plat, with an administrative fee of $2,500.
(B)
The preliminary plan shall show:
(1)
The location of present property lines, streets, buildings,
water courses, tree masses and other existing features within the
area to be subdivided and similar information regarding existing conditions
of land immediately adjacent thereto;
(2)
The proposed location and width of streets, alleys, lots, building
and setback lines and easements;
(3)
Existing sanitary and storm sewers, water mains, culverts and
other underground structures within the tract or immediately adjacent
thereto. The location and size of the nearest water main and sewer
or outlet are to be indicated in a general way upon the plat;
(4)
The title under which the proposed subdivision is to be recorded
and the name of the subdivider platting the tract;
(5)
The names and adjoining boundaries of all adjoining subdivisions
and the names of recorded owners of adjoining parcels of unsubdivided
land;
(6)
Contours with intervals sufficient to determine the character
and topography of the land to be subdivided, but in no case shall
the intervals be more than five feet;
(7)
North point, scale and date; and
(8)
Grades and profiles of streets and plans or written and signed
statements regarding the grades of proposed streets and the width
and type of pavement, location, size and type of sanitary sewer or
other sewage disposal facilities, water mains and other utilities,
facilities for storm water drainage, and other proposed improvements
such as sidewalks, planting and parks and any grading of individual
lots.
(C)
Approval of the preliminary plan by the Board of Aldermen does not
constitute an acceptance or approval of the subdivision plat. One
copy of the approved plan, signed by the Mayor, shall be retained
in the office of the City Clerk. One signed copy will be given to
the subdivider.
[Prior Code, § 720.060; Penalty, see § 153.99]
(A)
Receipt of the signed copy of the preliminary plan is authorization
for the subdivider to proceed with the preparation of the plans and
specifications for the following minimum improvements and with the
preparation of the final plat. Prior to the construction of any improvements
required or to the submission of a bond in lieu thereof, or to the
provision for any assessment for such construction, the subdivider
shall furnish the City all plans, information and data necessary to
determine the character of said improvements. These plans shall be
examined by the City and will be approved, if in accordance with the
requirements of this section. Following this approval, construction
can be started or the amount of a bond determined, or an assessment
provided for.
(B)
No final or official plat of any subdivision shall be approved unless:
(1)
The subdivider agrees with the City upon an assessment whereby
the City is put in an assured position to install the improvements
listed below at the cost of the owners of property within the subdivision;
(2)
The improvements listed below have been installed prior to such
approval; or
(3)
The subdivider files with the City a surety bond, cashier's
check or a certified check upon a solvent bank located in the City
conditioned to secure the construction of the improvements listed
below in a satisfactory manner and within a period specified by the
City, such period not to exceed two years. No such bond or check shall
be accepted unless it be enforceable by or payable to the City in
sum at least equal to the cost of constructing the improvements as
estimated by the City and its form with surety and conditions approved
by the City Attorney.
(C)
The owner of a tract may prepare and secure approval of a preliminary
subdivision plan of an entire area and may install the above improvements
only in a portion of such area, but the improvements must be installed
in any portion of the area for which a final plat is approved for
recording, provided, however, that trunk sewers and any sewage treatment
plants shall be designed and built in such a manner that they can
easily be expanded or extended to serve the entire area.
(1)
Permanent markers. All subdivision boundary corners and the
four corners of all street intersections shall be marked with permanent
monuments. A permanent monument shall be deemed to be concrete with
a minimum dimension of four inches extending below the frost line,
or steel pipe of at least one inch diameter firmly imbedded in concrete
which extends below the frost line. Should conditions prohibit the
placing of monuments on the line, offset marking will be permitted,
provided, however, that exact offset courses and distances are shown
on the subdivision plat. A permanent bench mark shall be accessibly
placed and accurately noted on the subdivision plat, the elevation
of such bench mark to be based on the U.S.G.S. data.
(2)
Street improvements. All street and public ways shall be graded
to their full width, including side slopes, and to the appropriate
grade, and shall be surfaced with a twenty-six-foot width of surfacing
in accordance with applicable standard specifications of the City.
Such construction shall be subject to inspection and approval by the
City.
(3)
Sidewalks. Concrete sidewalks shall be constructed along at
least one side of every minor street shown on the plat in accordance
with applicable standard specifications of the City, and concrete
sidewalks shall be constructed along both sides of all major streets,
provided, however, that where property is platted in lots having an
area of 20,000 square feet or more and a width of 100 feet or more,
the Board of Aldermen may waive this requirement.
(5)
Sanitary sewers. Each lot within the subdivided area shall be
provided with a connection to a public sanitary sewer where reasonably
accessible. All connections and the subdivision sewer system shall
comply with regulations of the State Board of Health and shall be
approved by the City Engineer. When a public sewer system is not accessible,
proper provisions shall be made for the disposal of sanitary wastes
as approved by the State Board of Health.
(6)
Drainage. All necessary facilities shall be installed sufficient
to prevent the collection of surface water in any low spot, and to
maintain any natural watercourse. Drainage facilities satisfactory
to the City shall be provided for the ends of all cul-de-sacs and
dead-end streets.
[Prior Code, § 720.070; Penalty, see § 153.99]
(A)
The final plat shall be on tracing cloth and five prints thereof,
together with copies of any deed restrictions where such restrictions
are too lengthy to be shown on the plat shall be submitted to the
Board of Aldermen. The final plat is to be drawn at a scale of not
more than 100 feet to the inch from an accurate survey and on one
or more sheets whose maximum dimensions are 18 inches by 24 inches.
If more than two sheets are required, an index sheet of the same dimensions
shall be filed showing the entire subdivision on one sheet and the
areas shown on other sheets.
(B)
The final plat shall show:
(1)
The boundary lines of the area being subdivided with accurate
distances and bearings;
(2)
The lines of all proposed streets and alleys with their widths
and names;
(3)
The accurate outline of any portion of the property intended
to be dedicated or granted for public use;
(4)
The line of departure of one street from another;
(5)
The lines of all adjoining property, streets and alleys with
their widths and names;
(6)
All lot lines together with an identification system for all
lots and blocks;
(7)
The location of all building lines and easements provided for
public use, services or utilities;
(8)
All dimensions, both linear and angular, necessary for locating
the boundaries of the subdivision, lot, streets, alleys, easements
and any other areas for public or private use. Linear dimensions are
to be given to the nearest one-hundredth of a foot;
(9)
The radii, arcs, chords, points of tangency and central angles
for curvilinear streets and radii for rounded corners;
(10)
The location of all survey monuments and bench marks together
with their descriptions;
(11)
The name of the subdivision, a small sketch showing its general
location, and the scale of the plat, points of the compass, and name
of owner or owners or subdivider;
(12)
The certificate of the surveyor attesting to the accuracy of
the survey and the correct location of all monuments shown;
(13)
Private restrictions and trusteeships and their periods of existence.
Should these restrictions or trusteeships be of such length as to
make their lettering on the plat impracticable and thus necessitate
the preparation of a separate instrument, reference to such instrument
shall be made on the plat;
(14)
Acknowledgment of the owner or owners to the plat and restrictions,
including dedication to public use of all streets, alleys, parks or
other open spaces shown thereon and the granting of easements required;
and
(15)
Certificates of approval for endorsement by the Board of Aldermen.
[Prior Code, § 720.080; Penalty, see § 10.99]
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 these
regulations would result in real difficulties or substantial hardship
or injustice, the City may vary or modify such requirements so that
the subdivider may develop his or her property in a reasonable manner,
but so that, at the same time, the public welfare and interests of
the City are protected and the general intent and spirit of these
regulations are preserved.
[Prior Code, § 720.100]
Any regulations or provisions of this chapter may be changed
and amended from time to time by the City, provided, however, that
such changes or amendments shall not become effective until after
a study and report by the Planning Commission and until after a public
hearing has been held, public notice of which shall have been given
in a newspaper of general circulation at least 15 days prior to such
hearing.
[Prior Code, § 720.090]
Whoever, being the owner or agent of the owner of any land located
within the City, knowingly or with intent to defraud, transfers or
sells by reference to or exhibition of or by other use of a plat of
subdivisions of such land before such plat has been approved by the
Board of Aldermen, shall forfeit and pay the penalty of not more than
$500 for each lot so transferred or sold or agreed or negotiated to
be sold, and a description by metes and bounds shall not exempt the
transaction from such penalties. A contract of sale requiring conformity
with this chapter is not prohibited.
