Any owner or developer of any lot, tract, or parcel of land
located within the corporate limits of the town or within its extraterritorial
jurisdiction that desires to subdivide or develop any such land shall
comply with and conform to the procedures set forth hereinafter.
(Ordinance 2023-09 adopted 7/10/2023)
(a)
Owners of a tract of land who subdivide the tract under the
following circumstances and are not required to lay out any part of
the tract for streets, alleys, squares, parks, or other parts of the
tract to be dedicated to public use or for the use of purchasers or
owners of lots fronting on or adjacent to the streets, alleys, squares,
parks, or other parts of the tract are excluded from the platting
requirements of this chapter.
(1)
Agriculture exclusion.
The land is to be used
primarily for agriculture use, as defined by article VIII, section
1-d, State Constitution, or for farm, ranch, wildlife management,
or timber production use within the meaning of article VIII, section
1d-1, State Constitution;
(2)
Family exclusion.
The land is to be divided into
four or fewer lots or tracts, each with dedicated access easement
to a public street described on the survey and deed, and each of the
lots or tracts are sold, conveyed, gifted or otherwise transferred
to a person who is related to the owner within the third degree of
consanguinity or affinity.
(3)
Retained ownership exclusion.
The owner retains
title to a lot or portion of the land; the other lot or portion is
transferred to another person who will further subdivide the tract
subject to the plat approval requirements of this chapter.
(b)
Any person claiming any exclusion to platting set forth above
must provide the following prior to the issuance of any building or
development permits by the town:
(1)
Agriculture exclusion.
The owner shall submit
an affidavit, in a form provided or approved by the commission, in
which the owner and any person to whom the owner is to transfer an
ownership interest, affirms the use of the tract of land as described
by section 1-d or section 1-d-1 of article VIII of the State Constitution.
The affidavit shall state that the property is being subdivided under
the agriculture exclusion of the subdivision regulations of the town
and that the person or persons acquiring the property are aware that
the property may not be suitable for any developmental use. In the
event the property is subsequently developed or subdivided, the requirements
of the ordinances in effect at the time of development will apply.
(2)
Family exclusion.
The owner shall submit an affidavit,
in a form provided or approved by the commission, in which the owner
and any person to whom the owner is to transfer an ownership interest,
affirms the conditions under which the property was subdivided. In
addition to the affidavit, the commission may also require certified
copies of birth certificates, marriage licenses or other governmental
or family records which establish the relationship between the owner
and the person or persons to whom an ownership interest has transferred.
(3)
Retained ownership exclusion.
The owner shall
furnish the commission copies of the deeds and an affidavit from the
person to whom the other lot or tract was transferred which affirms
the intent to further subdivide the tract subject to the plat approval
requirements of this chapter.
(Ordinance 2023-09 adopted 7/10/2023)
Prior to the filing of a preliminary plat, the subdivider shall
meet with the town engineer or his designated agent to acquaint himself
with the requirements of the town and the relationship of the proposed
subdivision to the zoning ordinance. At such meeting, the density
standards, building site requirements and any street, drainage or
utility service requirements may be discussed, along with the general
character of the building or development in order to identify development
requirements. At this meeting, the town engineer or his designated
representative shall classify the subdivision application as either
major or minor and direct the applicant to the appropriate procedures.
(Ordinance 2023-09 adopted 7/10/2023)
(a)
Any and all subdivisions of property in the town and within
the extraterritorial jurisdiction of the town shall be reviewed by
the commission and approved by the town council with the exception
of a minor plat, which may be administratively approved by the mayor
or designated agent. minor plats may be forwarded to the planning
and zoning commission and town council at the mayor's discretion.
The subdivider shall first prepare and submit to the commission a
preliminary plat in accordance with the regulations set forth in this
chapter, together with the information and items required by this
chapter, for the commission's review and recommendations. After
the planning and zoning commission has reviewed the preliminary plat,
the commission shall, within 30 days from the submission date, recommend
to town council either the:
(1)
Approval of the plat as presented;
(2)
Approval of the plat with conditions that reference the specific
ordinance provisions not met; or
(3)
Disapproval of the plat with reasons for denial that reference
the specific ordinance provisions not met.
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If no action is taken on the plat within 30 days from the submission
date, the plat will be considered approved.
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(b)
Prior to filing a preliminary plat and application for approval,
the subdivider shall submit the preliminary plat to all relevant utility
providers for review. Proof of submission to the utility providers,
as well as a will serve letter shall be included with the application
and preliminary plat. When a preliminary plat is filed with the town
for review and approval, if deemed necessary, it shall be forwarded
to the town's consulting engineer, who will make a preliminary
review of the plat.
(c)
Prior to filing a preliminary plat and application to the town, the developer must schedule and attend a predevelopment meeting with town officials in accordance with section 10.03.003. At such time, developer and/or developer's engineer shall provide a basic description and sketch of proposed subdivision and improvements. The town will not accept a preliminary plat application prior to the predevelopment meeting.
(d)
Upon receipt of a preliminary plat, all required documents, and payment of all required fees, the town secretary, or designated agent, shall check the preliminary plat for completeness in accordance with article 10.04. No preliminary plat shall be processed for review that is determined to be incomplete. The town secretary shall coordinate the review of the preliminary plat with applicable municipal departments and the town engineer as required. Upon determination that the preliminary plat does not meet the minimum requirements of these subdivision regulations, the town secretary shall give the developer written notice of the revisions required to complete the plat application.
(e)
Preliminary plat submissions which include drainage studies,
downstream assessments, or detention pond construction shall require
a minimum ten (10) business days for each review. All necessary subsequent
reviews regardless of the number of comments shall require ten (10)
business days for review. Drainage studies and downstream assessments
may be submitted for review prior to official preliminary plat submission
to avoid denial of preliminary plat application by the planning and
zoning commission.
(f)
Upon completion of staff review and the receipt of necessary revisions from the developer, and determination that the preliminary plat has officially been submitted in accordance with the requirements of article 10.04, the preliminary plat shall be placed on the next available meeting agenda for consideration by the planning and zoning commission.
(g)
Following commission review, the preliminary plat shall then
be submitted to the town council for final action, together with the
commission's recommendations. The town council shall act on the
preliminary plat within thirty (30) days after the plat is approved
by the commission or is considered approved by the inaction of the
commission. The town council shall act on the preliminary plat within
thirty (30) days of submission to the town council.
(h)
The preliminary plat shall be filed with an application on a
form provided by the town for that purpose. The application and preliminary
plat shall be filed with the town secretary in accordance with the
town's submissions schedule which may be amended from time-to-time,
but will be not more than thirty (30) consecutive calendar days before
the meeting of the commission at which such preliminary plat is to
be considered. No preliminary plat application will be accepted on
a day outside of the submission schedule.
(Ordinance 2023-09 adopted 7/10/2023)
(a)
Upon approval of the preliminary plat and the application for
such approval, the owner, developer or subdivider may then proceed
with the filing and submission of a final plat and application for
approval thereof for all or a portion of the land or area included
in the preliminary plat. No final plat application will be accepted
for filing, and no final plat may be approved by the town council,
unless a preliminary plat has first been approved. The application
and plat shall be filed with the town secretary in accordance with
the submission schedule, which may be amended from time-to-time, but
will be not more than thirty (30) consecutive calendar days before
the meeting of the commission at which such plat is to be considered.
After the planning and zoning commission has reviewed the final plat,
the commission shall within 30 days from the submission date recommend
to town council either the:
(1)
Approval of the plat as presented;
(2)
Approval of the plat with conditions that reference the specific
ordinance provisions not met; or
(3)
Disapproval of the plat with reasons for denial that reference
the specific ordinance provisions not met.
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If no action is taken on the plat within 30 days from the submission
date, the plat will be considered approved.
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(b)
The town council shall act on the final plat within thirty (30)
days after the plat is approved by the commission or is considered
approved by the inaction of the commission. The town council shall,
within thirty (30) days following submission by the commission, consider
the final plat for acceptance of the dedications to the public therein
set forth, provided the plat shall in all things fully comply with
the terms and provisions of this chapter and the ordinances of the
town.
(c)
Final plat submissions which include drainage studies, downstream
assessments, or detention pond construction shall require ten (10)
business days for each review, including all necessary subsequent
reviews.
(Ordinance 2023-09 adopted 7/10/2023)
(a)
The subdivider or applicant after approval of the final plat
shall:
(1)
Direct it's engineer to design, stake, and supervise the
construction of the facilities in accordance with approved plans and
specifications and these regulations;
(2)
Direct its contractors to construct all improvements as identified
in the approved engineering plans;
(3)
Provide to the town, prior to final acceptance of the improvements,
a two-year maintenance bond in the amount of ten percent (10%) of
the contract price or $50,000.00, whichever is greater, not to exceed
100% of the total contract for any public improvement, if applicable;
and
(4)
Provide to the town, prior to final acceptance of the improvements,
one (1) 22"x34" black line set, one (1) 11"x17" black line set, and
one (1) electronic set of "as-built" plans, checked and corrected
by the subdivider's engineer.
(b)
After completion of all improvements, franchise utilities, grading,
and erosion control measures, the town or its designated representatives
will perform a final inspection before causing the project to be considered
for acceptance by the town. After the town accepts the improvements,
the town will issue a "letter of final acceptance." The subdivider
shall submit this letter to the building official prior to the issuance
of a certificate of occupancy for nonresidential subdivisions or release
of building permits for residential subdivisions. The town will then
file the final plat with the county. Final plats may be filed prior
to the completion of construction at the discretion of the town. If
final plat is approved to be filed prior to final acceptance of constructed
improvements, a performance bond in the amount of 100% of the contract
amount shall be provided to the town prior to filing.
(c)
All improvements within a subdivision shall be installed or
constructed at the subdivider's cost and expense.
(Ordinance 2023-09 adopted 7/10/2023)
All applicants seeking approval of a minor plat shall comply
with the requirements of this section. Every minor plat shall require
approval of the mayor or the mayor's designated agent. The mayor,
in his discretion, may forward any minor plat to the planning and
zoning commission and town council for review and approval in lieu
of granting approval.
(1)
Minor plat prerequisites:
(A)
The proposed division results in four (4) or fewer lots;
(B)
All lots in the proposed subdivision front onto an existing
public street and construction of extension of a street or alley is
not required to meet requirements of this chapter, or any other ordinance;
and
(C)
The plat does not require the extension of any municipal facilities
to serve any lot within the subdivision, however, right-of-way widening,
and easements shall be permitted as part of a minor plat.
(D)
The replatting of existing platted lots much comply with all
requirements for a Final plat as outlined in these documents.
(3)
Minor plat application: The applicant shall submit a written
minor plat application to the town secretary in accordance with requirements
for preliminary plat submissions.
(4)
Minor plat drawings shall include all information required for
a final plat.
(5)
Preliminary drainage analysis: The town engineer will review
each request for a minor plat and determine whether the applicant
shall be required to submit a drainage study or downstream assessment.
When required, the drainage study or downstream assessment shall conform
to the requirements of the checklist and specifications contained
in this document. The applicant may be exempt from this requirement
when the town engineer is satisfied that no drainage facilities are
necessary.
(6)
A predevelopment meeting is required prior to the submission
of any minor plat.
(7)
Every minor plat shall be reviewed for conformity with the comprehensive
plan, these regulations, and any other applicable ordinance according
to the procedures established for final plats. The mayor or designee
is authorized to approve or approve with conditions a minor plat provided
such plat meets all requirements of these regulations. If the mayor
declines to approve the proposed plat, the minor plat shall be placed
on the agenda for the next regular meeting of the planning and zoning
commission for their consideration and forwarding to town council.
(Ordinance 2023-09 adopted 7/10/2023)
