ARTICLE II. PLATS
DIVISION 1. GENERALLY
106-31 Platting phases.
The preparation of a subdivision for platting shall be carried out through four phases: Pre-preliminary plat investigation; tentative approval of the preliminary plat; final approval of the preliminary plat; and final approval of the final plat, all in accordance with the procedure set out in this article after meeting the requirements set out in the subdivision act.
(Code 1985, § 24-4)
106-32 Pre-preliminary investigations.
(a) Prior to the preparation of a preliminary plat, it is suggested that the subdivider meet informally with the planning administrator to investigate the procedures and standards of the city as they affect the area in which the proposed development is located. The subdivider should concern himself with the following:
(1) The subdivider should familiarize himself with the zoning ordinance, subdivision ordinance, master plan, engineering specifications and other similar ordinances or controls relative to the subdivision and improvement of land, so as to make himself aware of the requirements of the city.
(2) The subdivider should review the existing zoning of the location for the proposed subdivision to determine if it is zoned for the intended use.
(3) The subdivider should review the development options of the zoning ordinance to determine the feasibility of utilizing one of these approaches.
(4) The subdivider should investigate the standards for sewage collection, water supply and drainage of the city and other public utilities.
(5) The subdivider should investigate the relationship of the proposed subdivision with respect to major thoroughfares and plans for widening of any such thoroughfares.
(6) The subdivider should investigate the adequacy of existing schools and public open spaces including parks and playgrounds to serve the proposed subdivision.
(7) The subdivider should review the subdivision act and the requirements of those state and county agencies which are required by the subdivision act to review and approve the plat.
(8) Three copies of a sketch plan may be submitted by the subdivider to the planning administrator. The purpose of the sketch plan is to provide the subdivider with an opportunity to avail himself of the advice and assistance of the planning administrator and other city departments involved in subdividing, before the preparation of a preliminary plat and its submission for approval, in order to save him time and money to make the most of his opportunities. A sketch plan prepared by the subdivider should include the following:
a. A site analysis of the area proposed to be subdivided which illustrates the relationship of the proposed subdivision with respect to the following:
1. Major thoroughfares.
2. Adjacent land uses.
3. Topography and other environmental features.
4. Unusual development problems.
5. Utility systems available to service the platted area.
6. Existing schools and open space.
b. Land utilization concept plan.
c. The area for the proposed subdivision, including the lot and street arrangements.
d. Proposed neighborhood and community facilities.
e. Proposed nonresidential facilities.
f. Proposed dwelling unit schedule.
(b) Nothing in this section shall be so construed as to require any preapplication contact and review and, at this stage, shall not constitute any approval of the proposed preliminary plat but shall serve primarily as guidance to the subdivider. Any subdivider may elect to begin subdividing by submitting a preliminary plat in accordance with the provisions of this chapter.
(Code 1985, § 24-5)
106-33—106-45 Reserved.
DIVISION 2. PRELIMINARY PLAT
106-46 Tentative approval requirements.
(a) Subdivider.
(1) The subdivider shall prepare a preliminary plat in accordance with the specifications of this chapter, and in accordance with section 111 of the subdivision act. A preliminary plat shall be drawn to a scale no less than one inch equals 100 feet and shall include the following:
a. Name of the proposed subdivision.
b. Name and address of the owner, owner’s subdivider and the engineer or surveyor who designed the subdivision layout.
c. Date, north arrow and scale (written and graphic).
d. Boundary lines of the proposed subdivision and overall property dimensions and acreage of the tract to be subdivided.
e. A key map at a scale of not less than one inch equals 1,000 feet showing the relationship of the subdivision to its surroundings of not less than one-half mile such as section lines, major and urban thoroughfares and collector streets.
f. Property lines of adjacent tracts of subdivided and unsubdivided land shown in relation to the tract being proposed for subdivision, including those areas across abutting roads and with landowners of those unplatted tracts being designated by name.
g. Street names, right-of-way widths, roadway widths and locations of all existing or prior platted public or private streets within and adjacent to the proposed subdivision, including those located across abutting roads.
h. All existing structures and other physical features, including topography drawn as contours with an interval of no more than two feet based on U.S.G.S. datum, which would have an influence on the layout and design of the subdivision.
i. Layout of streets indicating proposed street names, right-of-way widths and connections with adjoining platted streets and also the widths and location of alleys, easements and public walkways.
j. Layout, numbers and approximate dimensions of lots, including building setback lines showing dimensions.
k. Indication of parcels of land intended to be dedicated or set aside for public use or for the use of property owners in the subdivision.
l. An indication of the ownership, and existing and proposed use, of any parcels identified as “excepted” on the preliminary plat. If the subdivider has an interest or owns any parcel so identified as “excepted,” the preliminary plat shall indicate how this property could be developed in accordance with the requirements of the existing zoning district in which it is located and with an acceptable relationship to the layout of the proposed preliminary plat.
m. In the case where the subdivider wishes to subdivide a given area, but wishes to begin with only a portion of the total area, the preliminary plat shall include the proposed general layout for the entire area. The part which is proposed to be subdivided first shall be clearly superimposed upon the overall plan in order to illustrate clearly the method of development which the subdivider intends to follow. Each subsequent plat shall follow the same procedure until the entire area controlled by the subdivider is subdivided.
(2) The subdivider shall prepare preliminary engineering and utility plans in conjunction with the preliminary plat.
(3) The subdivider shall submit a reproducible copy plus ten copies of the preliminary plat, and a reproducible copy plus three copies of the preliminary engineering and utility plans in addition to other supporting documents to the city clerk. This information shall be submitted under the seal of a registered engineer or registered land surveyor. This must be done at least 45 days prior to the next regularly scheduled planning commission meeting at which time the preliminary plat will be considered.
(4) The subdivider shall pay a fee of $75.00 to the city clerk for the services involved in processing his plat.
(b) Planning administrator.
(1) The planning administrator shall review the preliminary plat for compliance with the master plan and specifications of this chapter, and discuss it with the following departments, divisions, and agencies, asking for either recommendation and/or comments:
a. City assessor;
b. Public works and services;
c. Community development;
d. Parks and recreation;
e. Fire department;
f. Police department;
g. Law department;
h. School district of the city;
i. Transportation safety committee;
j. County and state health departments; and
k. Utility companies.
(2) The planning administrator shall accept the recommendations and/or comments from each of the above departments, divisions and agencies.
(3) Fifteen days prior to the next regularly scheduled planning commission meeting at which the preliminary plat will be considered, the planning administrator shall complete a review of the preliminary plat and send his recommendations along with those of other city departments and divisions to the planning commission.
(4) Fifteen days prior to the next regularly scheduled planning commission meeting at which the preliminary plat will be considered, the planning administrator shall notify, by registered or certified mail, the subdivider and all owners of any property which falls within 500 feet of the boundaries of such plat, that there will be a public hearing on the preliminary plat at such meeting before the planning commission.
(c) Planning commission.
(1) At the regular meeting at which the preliminary plat is scheduled to be considered, the planning commission shall hear the recommendations and opinions of the planning administrator, other city departments and divisions, the owners of the property within 500 feet of such plat, and the subdivider.
(2) The planning commission shall act on the preliminary plat within 45 days after the date of filing. The planning commission may require submission of additional related data as it deems necessary prior to granting tentative approval of the preliminary plat. The time required for approval by the city council and the planning commission may be extended, should the subdivider agree in writing to such extension.
a. Should the planning commission approve the preliminary plat, or lay down conditions for its approval, it shall record this in its official minutes and notify the city council of this action in a written report and forward the same, together with all accompanying data, to the city council for its review.
b. Should the planning commission find that the preliminary plat is not acceptable, it shall record the reason in its official minutes and forward a written report, together with all accompanying data, to the city council, and recommend that the city council disapprove the preliminary plat.
(d) City council.
(1) The city council will not review a preliminary plat until it has received the review and recommendations of the planning commission. Following the receipt of such recommendations, the city council shall consider the preliminary plat at such meeting that the matter is placed on the regularly scheduled agenda. The city council shall take action on the preliminary plat within 90 days of the date of filing of the preliminary plat for tentative approval.
a. Should the city council tentatively approve the preliminary plat, the council shall record its approval on the preliminary plat and return one copy to the subdivider.
b. Tentative approval shall not constitute final approval of the preliminary plat.
(2) Tentative approval by the city council shall be effective for a period of 12 months. Should the preliminary plat, in whole or in part, not be submitted for final approval within this time limit, the preliminary plat must again be submitted to the planning commission and city council for tentative approval, unless an extension is applied for in writing by the subdivider and such request is granted in writing by the city council.
(Code 1985, § 24-6)
106-47 Final approval requirements.
(a) Subdivider.
(1) The subdivider shall file ten copies of a valid preliminary plat along with one reproducible copy and three copies of sealed engineering and utility plans along with one reproducible copy of each with the city clerk, together with a certified list of all authorities required for approval in sections 112 to 119 of the subdivision act. The subdivider shall also provide approved copies of preliminary plats from each of the required authorities.
a. The preliminary plat shall conform substantially to the tentatively approved preliminary plat, and it may constitute only that portion of the tentatively approved preliminary plat which the subdivider proposes to record and develop at the time.
b. If the plat includes parcels to be set aside for the use of the property owners of the subdivision, written statements shall be submitted with the preliminary plat, indicating the following:
1. How legal title to the land is to be held.
2. How such property shall be regulated.
3. Provisions for the payment of taxes.
4. Persons or corporations responsible for maintenance.
5. How maintenance is to be guaranteed.
6. How maintenance and development are to be financed.
7. Other relevant facts related to the above.
(2) Legal documents providing for the above statements shall be submitted to the city attorney for review, and such documents shall be acceptable to the city council prior to final approval of the preliminary plat.
(b) City clerk.
(1) The city clerk shall place the preliminary plat on the agenda of a regularly scheduled city council meeting to be held within 20 days after the date of filing of the preliminary plat with the clerk’s office.
(2) The day after the preliminary plats are filed, the city clerk shall forward ten copies of the preliminary plat to the planning administrator.
(c) Planning administrator.
(1) The planning administrator shall check the proposed plat for completeness. Should any of the data required by this chapter or the subdivision act be omitted, the planning division shall inform the subdivider of the data required, and that the recognized date of filing shall be delayed until the required data is received.
(2) The planning administrator shall review the preliminary plat for compliance with the tentatively approved preliminary plat and all conditions laid down for tentative approval, and discuss it with the following departments or divisions, asking for either recommendation and/or comments: City assessor, public works and services, public utilities, community development, community and human services, fire department, police department, law department, school district of the city, and transportation safety committee. If, in their opinion, the submitted preliminary plat conforms to the tentatively approved preliminary plat and all conditions laid down for tentative approval, the planning administrator shall so indicate by forwarding the preliminary plat, comments and recommendations to the city clerk five days prior to the city council meeting at which the plat is scheduled to be considered. If, in their opinion, the preliminary plat does not conform to the tentatively approved preliminary plat, the planning administrator shall return the plat to the subdivider stating the reasons for the rejection. If, in this case, the subdivider wishes to pursue platting of the rejected preliminary plat, he shall start at the tentative approval stage outlined previously.
(d) City clerk.
(1) The city clerk shall receive and shall retain the copies of the approved preliminary plat along with corresponding recommendations and comments which have been transmitted by the planning administrator.
(2) The city clerk shall, at the city council meeting, present the preliminary plat along with corresponding recommendations and comments to the city council.
(e) City council.
(1) The city council shall take action on the preliminary plat within 20 days from the date of filing for final approval.
(2) If the preliminary plat conforms substantially to the plat tentatively approved by the city council and meets all conditions laid down for tentative approval, the city council shall give final approval to the preliminary plat.
(3) Final approval of the preliminary plat by the city council shall be effective for a period of 24 months. This period may be extended if applied for in writing by the subdivider and granted by the city council. Written notice of the extension shall be sent by the city council to other approving authorities.
(f) Beginning of construction; conditions. No construction of improvements shall begin until the subdivider has:
(1) Received notice from the city clerk of final approval of the preliminary plat by the city council.
(2) Engineering and utility plans have been approved by the city engineer.
(3) The subdivider has met the performance guarantee requirements as required by section 106-103 of this chapter.
(Code 1985, § 24-7)
106-48—106-60 Reserved.
DIVISION 3. FINAL PLAT
106-61 Preparation and filing.
The final plat shall conform substantially to the approved preliminary plat, may constitute only that portion of the approved preliminary plat which the subdivider has been previously approved to record, and shall conform in all respects to the requirements of the subdivision act. Such final plat shall have been processed in accord with the subdivision act, sections 162 through 165, prior to submission.
(Code 1985, § 24-8(a))
106-62 Requirements for subdivider.
(a) The subdivider shall file an application for final plat approval in duplicate with the city clerk.
(b) The subdivider shall submit all official copies of the final plat together with an additional ten paper prints of the final plat.
(c) The subdivider shall submit the county plat board filing and recording fee required by section 241 of the subdivision act.
(d) The subdivider shall submit an abstract of title, certified to the date of the proprietor’s certificate, to establish recorded ownership interest and other information deemed necessary for the purpose of ascertaining whether the proper parties have signed the plat; or a policy of title insurance currently in force covering all the land included within the boundaries of the proposed subdivision. The city council, in lieu of an abstract of title, may accept on its own responsibility an attorney’s opinion based on the abstract of title as to the ownership and marketability of title to the land.
(Code 1985, § 24-8(b))
106-63 Review and approval procedures.
(a) The city clerk shall place the final plat on the agenda of a regularly scheduled city council meeting to be held within 20 days after the filing of the plat with the clerk’s office.
(b) The city clerk shall, the day after the final plats are filed, forward ten copies of the final plat to the planning administrator, who shall then coordinate a review with the department of public works and services and the city attorney to determine the final plat’s conformance with the approved preliminary plat and the subdivision act.
(c) The planning administrator shall, five days prior to the city council meeting at which the final plat is scheduled for review, transmit the recommendations of the planning division, department of public works and services, public utilities and city attorney, along with seven copies of the final plat, to the city clerk.
(d) The city clerk shall accept the copies of the final plat from the planning administrator, along with the comments and recommendations outlined in subsection (c).
(e) The city council shall, within 20 days from the date of filing of the final plat, accept and review all findings from the city clerk, and shall take either of the following actions:
(1) Approve the plat if it conforms to all provisions of this chapter and the subdivision act, and instruct the city clerk to certify on the plat the city council’s approval and date thereof; the approval of the health department, when required, and the date thereof as shown on the approved preliminary plat; or
(2) Reject the plat and instruct the city clerk to advise the subdivider, in writing, of the reasons for rejection, and return the plat to the subdivider.
(f) Upon approval, the city clerk shall receive the final plat from the city council and shall transcribe a certificate of approval of the city council on the plat and deliver all official copies to the clerk of the county plat board, together with the filing and recording fee required by the subdivision act.
(Code 1985, § 24-8(c))
106-64—106-75 Reserved.
DIVISION 4. DIVISION OF LAND IN RECORDED PLAT
106-76 Applicability.
The provisions of this division shall govern the partitioning or dividing of lots, outlots, or other parcels of land in a recorded plat, subject to provisions of section 263 of the subdivision act.
(Code 1985, § 24-9)
106-77 Land detached.
(a) Land may be detached from one lot, outlot, or parcel of land and added to another lot, outlot or parcel upon application to, and approval by, the city assessor. The fact of such a division shall be noted upon the city assessment roll, and, thereafter, the enlarged lot, outlot or parcel shall be considered to be a single lot, outlot or parcel for tax assessment and all other purposes.
(b) No division of land shall be permitted under this section, unless the remainder of the lot, outlot or parcel from which the part was taken meets the minimum requirements of the zoning ordinance, including requirements as to width, area and open spaces. Prior to approving or denying the request, the city assessor shall forward to the planning administrator a copy of the application. The planning administrator shall review the application for conformance with the zoning ordinance and send his findings to the city assessor.
(Code 1985, § 24-10)
106-78 Division of lots.
(a) A lot, outlot or parcel of land may be divided into more than two, but not more than four, separate lots, outlots or parcels upon application to, and approval by, the planning commission. A survey showing such proposed divisions prepared by a registered civil engineer or land surveyor, and including a proper legal description of each separate lot, outlot or parcel proposed, shall be submitted with the application. The application shall be filed with the planning commission at least 45 days prior to the regular planning commission meeting at which the applicant is scheduled to appear. Should the planning commission approve the requested division, it shall notify the city assessor, and the fact of such a division shall be noted upon the city assessment roll, and, thereafter, the divided portions of the lot, outlot or parcel shall be considered to be separate lots, outlots or parcels for tax assessment and all other purposes.
(b) No division of lots, outlots or parcels of land shall be permitted unless each of the parts into which such lot, outlot or parcel is to be divided meets the minimum requirements of the zoning ordinance, including requirements as to width, area and open spaces. In those cases where water, sewer or other services have been installed within the plat by special assessment, and the lot proposed to be divided has been assessed, no division shall be permitted unless the applicant agrees, in writing, to pay into the special assessment district an additional amount to be determined by the city assessor representing the increased share of the cost of the special assessment district which should be borne by such divided lot, outlot or parcel, due to increased benefits received by such lot, outlot or parcel, when divided into three or four such lots, outlots or parcels.
(c) Any person aggrieved by any action of the city assessor or planning commission under this division shall be entitled to a hearing before the city council. Such hearing shall be requested in writing and shall be held at the next regular meeting of the city council occurring not less than 20 days after filing of the request. The city council may, after hearing, modify or reverse any decision of the city assessor or planning commission.
(Code 1985, § 24-11)