(A)
Final,
Conveyance, or Minor Plat.
A recordable plat must be
approved by the City prior to any land division and prior to any new
construction or redevelopment. The type of recordable plat is determined
by the type of land division, construction or redevelopment project
contemplated, as determined by the Planning Director in accordance
with the standards provided by this GDC.
(B)
Replat.
A Replat, which must conform in all respects with state law and the provisions of Section 3.38 and Section 3.39 of this Chapter 3, is required any time a platted, recorded lot is further divided or expanded, and which thereby changes the boundaries or dimensions of any lot. In the case of minor revisions to recorded plats or lots, a Minor Plat or Amending Plat may instead be utilized if allowed by state law and if the plat conforms with Article 2, Division 4 and with Article 2, Division 7, Section 3.40, respectively.
(Ordinance 6773 adopted 5/19/15)
(A)
Exemptions.
The following land divisions are exempt from the requirements
of this GDC that apply to plats:
(1)
Existing
cemeteries that comply with all state and local laws governing the
establishment, operation, and maintenance of cemeteries, to the extent
of individual sales and conveyances of burial plots within the cemetery;
and
(2)
A
division of land created by an order of a court of competent jurisdiction,
provided however, that prior to construction of improvements on any
portion of the parcels created by the court order, a plat meeting
the requirements of this GDC shall be approved and recorded prior
to the issuance of permits; and
(3)
A
division of land into parts greater than five acres, where each part
has access and no public improvement is being dedicated.
(Ordinance 6773 adopted 5/19/15; Ordinance 7055, sec. 5, adopted 5/7/19)
(A)
Time
Period for Action.
(1)
Thirty
Days.
All plat applications shall be acted upon within thirty calendar days following the date the City determines the application is complete (see Section 1.16) unless a waiver is submitted in accordance with Subsection (B) below.
(2)
Approved
by Operation of Law.
If no decision is rendered on a
complete plat application within the thirty-day period and no waiver
has been filed by the applicant under Subsection (B), the plat application,
as submitted, shall be deemed approved.
(B)
Waiver
of Right to 30-day Action.
The Planning Director shall
be the responsible official for the waivers provided by this Subsection.
(1)
Request.
An applicant may submit in writing a waiver of the right to
approval or disapproval of a plat within the 30-day period provided
in Subsection (A) above (a Waiver of Right to 30-Day Action).
(2)
Received.
A Waiver of Right to 30-Day Action must be received by the Planning Director on or before the fifth calendar day prior to the Plan Commission meeting at which action would have to be taken on the plat application. If the plat does not require Plan Commission action then the waiver request must be received on or before the fifth calendar day following the day the application is determined to be complete per Section 1.16 of Chapter 1 of this GDC. Waiver requests that are not timely received shall not be considered properly submitted, and action shall be taken on the plat application at such meeting as scheduled.
(3)
Action.
A Waiver of Right to 30-Day Action requires no formal approval
by the Planning Director. The City shall accept any timely waiver
submitted by an applicant, and the Waiver of Right to 30-Day Action
shall become part of the City’s file for the development project.
(4)
Requirements
Maintained.
Submission of a Waiver of Right to 30-Day
Action, and acceptance of such waiver by the City as part of a plat
application, does not affect the applicability of any requirement
within this GDC. A waiver or variance from any requirement of this
GDC or the City Code is a separate and distinct process.
(Ordinance 6773 adopted 5/19/15; Ordinance 7107, sec. 37, adopted 12/3/19)
(A)
Zoning.
Inside the corporate limits of the City, the following shall
apply:
(1)
Conformance
with Existing Zoning.
All plat and development applications
must conform with the existing zoning on the property.
(2)
Request
to Rezone First.
If an applicant seeks to change the
zoning for the property, the request for a change in zoning must be
submitted and approved prior to acceptance of a plat application unless
as otherwise provided below.
(a)
The applicant may request approval from the Planning Director to
submit a plat application simultaneously with a zoning change request,
in which case the application for the requested zoning change shall
be acted upon first provided that the plat application is accompanied
by a properly executed and timely Waiver of Right to 30-Day Action.
(b)
In the event that the requested zoning change is denied, the plat
application shall also be rejected or denied unless it otherwise fully
conforms with the existing zoning on the property.
(3)
Planned
Development (PD) District and Specific Use Provision (SUP) Zoning.
In a Planned Development (PD) district (refer to Chapter 2, Article 2, Division 2) or for Specific Use Provision (SUP) zoning (refer to Chapter 2, Article 2, Division 3), a plat application must conform with all PD/SUP and other applicable zoning regulations, and with the approved PD/SUP zoning exhibit, Concept Plan, Detail Plan, Site Plan, or other layout plan approved as part of the PD/SUP ordinance.
(Ordinance 6773 adopted 5/19/15; Ordinance 7079, sec. 32, adopted 8/20/19; Ordinance 7524 adopted 4/16/2024)
(B)
Application
Contents.
Submittal requirements for all types of plat
and development applications are set forth in the City’s Development
Application Packet, as amended. It is the applicant’s responsibility
to be familiar with, and to fully comply with, the City’s requirements
for submission, review, and approval of any plat or development application.
(C)
General
Plat Application Requirements.
For all types of plats, a Working Plat shall be submitted through the City Engineering Department for review and shall achieve acceptable status. Once acceptable status is achieved, the applicant shall submit a complete plat application in accordance with Section 1.16 of Chapter 1 that meets all requirements of the City’s Development Application Packet, as amended.
(D)
Review
and Approval Process.
The review and approval process
for all plat applications shall be administered in accordance with
the City’s Development Application Packet, as amended.
(E)
Utility
Providers.
Prior to the approval and filing of a Final
Plat, the applicant shall contact all utility providers (including
gas, telephone, electric and cable television providers servicing
the site) and shall provide on the proposed Plat any utility service
easements a utility provider may require to serve the area contained
in the proposed Plat. Such utility service easements shall be included
in and depicted on the Final Plat. Approval of a Final Plat is subject
to the correct placement and depiction of both on-site and off-site
easements required by the utility providers that will provide utility
services to the area contained in the Plat. If no response is provided
by a utility provider(s) regarding the establishment of easements
for the provider’s facilities, then the Final Plat may be approved
without such utility easements, and future acquisition of such easements
shall be the responsibility of the applicant or of the utility provider(s),
as applicable. The applicant shall provide, along with the Final Plat
application, documentation of the reasonable attempts by the applicant,
prior to submission of the Final Plat, to obtain all utility providers’
comments regarding necessity for easements.
(Ordinance 6773 adopted 5/19/15; Ordinance 7055, sec. 6, adopted 5/7/19; Ordinance 7107, sec. 38, adopted 12/3/19)
