Whenever any subdivision of land, as hereinbefore defined, is proposed
to be made and before any contract for the sale of or any offer to sell such
subdivision or any part thereof is made, the subdividing owner thereof or
his agent shall apply, in writing, to the Council for approval of such subdivision.
He shall first file with the Council a preliminary layout and subsequently
a formal plat as hereinafter specified.
Prior to the filing of an application for conditional approval of the
preliminary layout, the subdivider may submit general site information, a
location map and a sketch plan with a request for informal consideration and
advice. This step does not require formal application, fee or the filing of
a plat. The purpose of the preapplication procedure is to afford the subdivider
an opportunity to consult early and informally with the Planning Board before
preparation of the preliminary layout in order to save time and money and
to make the most of opportunities for desirable development.
A.
On reaching conclusions regarding his general program and objectives, the subdivider shall cause to be prepared a preliminary layout, together with improvement plans and other supplementary material as specified in Article V. Three copies of the preliminary layout and required supplementary material shall be submitted to the Council, with written application for conditional approval, at least five days prior to a regularly scheduled meeting. Two copies shall be referred by the Council to the Planning Board for study and recommendation.
B.
Following review of the preliminary layout and other material submitted therewith and negotiations with the subdivider on changes deemed advisable and the kind and extent of improvements to be made by him in accordance with the requirements of Article IV, the Planning Board shall act thereon as submitted or as modified. If the preliminary layout is approved, the Planning Board shall recommend its approval as conditional approval and state the specific conditions of such approval, if any. If the preliminary layout is disapproved, the Planning Board shall state the reasons for its disapproval.
C.
The action of the Planning Board shall be noted on two
copies of the preliminary layout, to which shall be attached referenced statements
of any conditions and requirements determined by the Planning Board in accordance
with these regulations.
A filing fee as provided in Chapter 142, Fees, shall be paid to the City Clerk and by the Clerk credited to the city general fund when the preliminary layout is filed in the Clerk's office for the conditional approval of the Council.
A.
The final subdivision plat shall conform substantially
to the preliminary layout as approved. If desired by the subdivider, it may
constitute only that portion of the approved preliminary layout which he proposes
to record and develop at the time, provided that such portion conforms to
all requirements of these regulations.
B.
Application for approval of the subdivision plat shall be submitted, in writing, to the Council at least five days prior to the meeting at which it is to be considered and shall include three copies of the plat and other exhibits required for approval as specified in Article V. Such application shall be submitted within six months after approval of the preliminary layout; otherwise such preliminary approval shall become null and void, unless an extension of time is applied for and granted by the Council.
C.
The Council may submit the final plat to the Planning Board for examination. In such case, the Planning Board will forward the plat to the Council with recommendations to approve, modify and approve or disapprove such plat within 45 days after the application for approval of the plat was filed. On receipt of the plat with recommendations of the Planning Board or after a lapse of 45 days after application for approval of the plat was filed, the Council will approve, modify or disapprove the plat. Approval, however, shall not be deemed final until the subdivider has complied with the provisions of § 275-17 with respect to certification that required improvements have been completed or bond satisfactory to the Council has been posted in lieu thereof.
D.
The subdivider will be required to tender offers of cession,
in a form certified as satisfactory by the City Attorney, of all sewers, drains,
waterlines and all land included in streets, parks or other public areas not
specifically reserved by him, but approval of the plat by the Council does
not constitute an acceptance by the city of the dedication of these facilities.
E.
After the completion of the foregoing details and notation
to that effect upon the application, the plat shall be signed by the City
Clerk and shall be deemed to have final approval. Within 90 days thereafter,
the developer shall file the plat in the office of the Council Clerk; otherwise
such approval shall expire.
