A.
Classification of Subdivisions:
Land proposed to be subdivided shall be classified according to one of the following:
1.
Minor Subdivision:
Minor plat approval requires the submission of a final plat. The City Administrator or Designee may approve or deny minor plats or refer them to the Commission for their action. Staff decisions concerning minor plats may be appealed by the applicant to the Commission. Minor subdivisions may be approved for residential and nonresidential properties. Any subdivision that meets all the following criteria would be classified as a minor plat:
a.
The subdivision will not result in the creation of more than five (5) lots fronting on an existing street built to City standards and will not require the construction of any new street or road;
b.
The subdivision will not require the extension of municipal facilities or the creation of any public improvements;
c.
The subdivision is consistent with the applicable provisions and portions of the current Comprehensive Plan;
d.
The City Engineer has determined, following review of the applicant’s preliminary drainage information, that no detailed drainage plan or improvements are needed; and
e.
The proposed subdivision does not have any topography, access, sewage disposal or design concerns that would warrant review and consideration within the requirements of the Major Subdivision classification designation.
2.
Major Subdivision:
Any subdivision not classified as a minor subdivision, including but not limited to any sized subdivision requiring any new street, extension of municipal facilities or the creation of public improvements and which will be served with public sewer upon development.
B.
Procedure by Classification:
Before any land is subdivided, the owner of the property proposed to be subdivided, or his authorized agent, shall apply for and secure approval of the proposed subdivision in accordance with the following procedures:
C.
Pre-Submittal Meeting:
Before preparing and submitting a land study, preliminary plat or final plat, the applicant shall schedule a meeting with the City Administrator or Designee and City Engineer to discuss the proposed subdivision and existing conditions, projected conditions, and the regulations and ordinances that will impact the development, including:
1.
The subdivision classification;
2.
the procedure for approval of plats;
3.
the availability of existing services, including sewer, water, emergency services, schools, etc.;
4.
the current Comprehensive Plan requirements for major streets, land use, parks, schools and public open spaces;
5.
the zoning requirements for the property in question and adjacent properties;
6.
the required improvements and design criteria; and
7.
the applicable fees.
In addition, staff shall direct the applicant, when appropriate, to discuss the proposed subdivision with those staff or officials who must eventually approve specific aspects of the subdivision plat falling within their jurisdiction or responsibility. |
D.
Official Submission Dates:
For the purpose of these regulations, for major and minor plats and land studies, the date of the Commission meeting at which the application is first considered, shall constitute the official submission date of the plat on which the statutory period (30 days) required for formal approval, conditional approval or disapproval of the Preliminary or Final Plat shall begin.
E.
Application and Review Schedule:
With the approval of the Commission, the City Administrator or Designee shall publish at least 30 days prior to the beginning of each year a calendar of official application dates. This calendar, known as the City of Wilmer Application and Review Schedule, shall specify at least one application deadline for each month. All applications delivered to the City on a date other than a scheduled date shall be dated received on the next official application date.
F.
Statutory Compliance Procedure:
After verifying application completeness along with a letter of concurrence from the City Engineer, the City Administrator or Designee shall place the application on a scheduled meeting of the Commission in accordance with the adopted City of Wilmer Application and Review Schedule. The Commission shall approve or disapprove the application, or identify requirements to be satisfied prior to approval of the application, at the meeting. If the Commission fails to approve or disapprove an application within 30 days of the official submission date, the application shall be deemed approved. However, the identification of requirements by the Commission which remain to be satisfied prior to plat approval, shall constitute disapproval of the application for purposes of statutory compliance only. Unless the Commission unconditionally disapproves the plat application within such period, the City shall continue to process the application for compliance with these regulations. The Commission may not table a land study, preliminary plat and final plat, but may request the applicant to withdraw. These items must be withdrawn by the applicant if the applicant is not ready to proceed. The applicant may resubmit the project with no additional fees if it is rescheduled within 60 days of the date of withdrawal. The Commission shall consider the application within 30 days.
(Ordinance 09-0604 adopted 6/4/09; Ordinance 14-1016, sec. 4, adopted 10/16/14)