[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.
BUILDING LINE
A line on a plat between which line and a street no building or structure may be erected.
COMPREHENSIVE PLAN
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.
CUL-DE-SAC
A minor street with only one outlet and culminated by a turn around.
MAJOR STREET
A street intended to serve as a major traffic way and designated as a major street in the Comprehensive Plan.
MINOR STREET
A street intended to serve the local needs of an area and not designated as a major street in the Comprehensive Plan.
SUBDIVISION
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.
(C) 
Following approval of the preliminary plan, the subdivider shall:
(1) 
Install the minimum improvements;
(2) 
Furnish a bond to cover the cost of the improvements; and
(3) 
Provide for an assessment guaranteeing such installation, in accordance with § 153.06 hereof.
(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.
Low-Density Area, Over 20,000 square feet per Unit
Medium-Density Area, 6,000 to 20,000 Square Feet Per Unit
High Density Area, Less Than 6,000 Square Feet Per Unit
For Right-of-Way:
1.
ROW width
50 feet
50 feet
60 feet
2.
Alley width, if provided
20 feet
20 feet
24 feet
3.
Easements, total
10 feet
10 feet
10 feet
4.
Maximum block length
1,500 feet
1,000 feet
1,000 feet
5.
Minimum block length
500 feet
500 feet
400 feet
6.
Maximum cul-de-sac length
1,500 feet
1,000 feet
750 feet
7.
Minimum cul-de-sac length
40 feet
50 feet
50 feet
For Improvements:
8.
Pavement width
20 feet
28 feet
36 feet
9.
Maximum grade
8%
8%
8%
10.
Minimum sight distance
150 feet
150 feet
150 feet
11.
Sidewalk width
0 feet
4 feet
5 feet
12.
Sidewalk feet from curb
—
6 feet
6 feet
For Lots:
13.
Minimum building line
25 feet
25 feet
25 feet
14.
Minimum lot width at building line
80 feet
60 feet
50 feet
15.
Minimum lot depth
125 feet
100 feet
100 feet
16.
Maximum lot depth
3 x width
3 x width
3 x width
17.
Minimum average lot width, corner lot
85 feet
85 feet
85 feet
18.
Radius on corner lots
20 feet
20 feet
30 feet
(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.
(4) 
Water lines.
(a) 
Each lot within the subdivided area shall be provided with a connection to an approved public water supply where reasonably accessible.
(b) 
Fire hydrants shall be installed in all subdivisions.
(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.