The purposes of this article are:
(1)
To protect and provide for the public health, safety and general
welfare of the town.
(2)
To promote and provide for the safe, orderly and healthy development
of the town.
(3)
To guide the future growth and development of the town in accordance
with the comprehensive plan and thoroughfare plan.
(4)
To ensure safety from fire, flood, and other danger, and to
prevent overcrowding of the land and undue congestion of population.
(5)
To guide public and private development in order to provide
adequate and efficient transportation, water, wastewater, drainage
and other public requirements and facilities.
(6)
To provide for the circulation of traffic and pedestrians required
for the beneficial use of land and buildings and to avoid congestion
throughout the town.
(7)
To establish reasonable standards of design and procedures for
platting to further the orderly layout and use of land to ensure proper
legal descriptions and monumenting of platted land.
(8)
To prevent the pollution of streams, ponds and lakes; to ensure
the adequacy of drainage facilities; to safeguard the water table,
and to encourage the wise use and management of natural resources
and enhance the stability and beauty of the community and the value
of the land.
(9)
To provide for open spaces through the most effective design
and layout of the land.
(10)
To remedy the problems associated with inappropriately platted
lands, include premature subdivision, incomplete subdivision and scattered
subdivision.
(Ordinance 2023-09 adopted 7/10/2023)
(a)
Except as provided in article
10.03 of this chapter, any owner of land inside the corporate limits or the extraterritorial jurisdiction ("E.T.J.") of the town wishing to subdivide such land shall submit to the planning and zoning commission a plan of subdivision which conforms to the minimum requirements set forth in these regulations.
(b)
No subdivision plat shall be filed or recorded and no lot in
a subdivision inside corporate limits or the E.T.J. of the town shall
be improved or sold until a final plat has been considered by the
planning and zoning commission and approved by the town council.
(c)
No building permit shall be issued for the erection of any building
in the town or within the town's E.T.J. on any piece of property
other than the original building site or resubdivided lot in a duly
approved and recorded subdivision or on an approved building site
in accordance with the zoning regulations, without the written approval
of a plat by the town council in compliance with the provisions of
this chapter.
(Ordinance 2023-09 adopted 7/10/2023)
(a)
It shall be unlawful for any owner, or agent of any owner, to
lay out, subdivide, or plat any land into lots and blocks with or
without any easement or rights-of-way within the town or its E.T.J.,
or to sell or improve such property, which has not been first platted
according to these regulations and rules of the planning and zoning
commission.
(b)
Any violation of any provision of this chapter outside the corporate
limits of the town shall not constitute a misdemeanor under this chapter
nor shall any fine provided for in this chapter be applicable to a
violation within such extraterritorial jurisdiction, however, the
town may petition any court of competent jurisdiction for injunctive
relief and damages as allowed by law.
(c)
No officer or employee of the town shall perform, or cause to
be performed, any work upon any streets of any addition or subdivision
within the town unless all requirements of these regulations have
been complied with by the owner of the addition or subdivision.
(d)
The town declares its policy to be that it will withhold improvements
of any nature whatsoever, including issuance of building permits,
until a final plat of the subdivision has been approved by the town
council and filed with the county clerk. No improvements shall be
initiated nor any contracts executed until written approval has been
obtained by the subdivider.
(Ordinance 2023-09 adopted 7/10/2023)