Chapter 17.20
DIVISIONS OF LAND PROCEDURES AND CRITERIA

Sections:

17.20.010    Applicability.

17.20.020    Preliminary approval.

17.20.030    Installation of improvements.

17.20.040    Final approval.

17.20.010 Applicability.

This chapter shall apply to all divisions of land. (Ord. 1580 § 4, 2017).

17.20.020 Preliminary approval.

A. Any person desiring to divide land shall submit an application prepared using forms and checklists provided by the director. The director shall prepare a submittal checklist providing a list of the application materials that shall be considered the minimum necessary to constitute a complete application.

B. The application procedures for all divisions of land are provided in BLMC Title 14.

C. The city shall not approve a preliminary plat or preliminary short plat unless the city approving authority makes written findings that:

1. The proposal is consistent with the goals and policies of the city’s comprehensive plan;

2. The proposal is found to be consistent with the development code; and

3. The proposal is found to be consistent with the design requirements found in Chapter 17.50 BLMC. (Ord. 1580 § 4, 2017).

17.20.030 Installation of improvements.

A. The applicant shall not begin installation of infrastructure improvements until the city has approved the civil improvement plans, the applicant has requested and the city has approved a developer extension agreement consistent with the requirements of Chapter 13.16 BLMC, and the applicant has paid an inspection fee, as set in Chapter 3.68 BLMC.

B. The city shall not accept the improvements until the improvements have been inspected and found satisfactory, the applicant has provided a bill of sale, and the applicant has posted a surety for 15 percent of the construction cost to guarantee against defects of workmanship and materials for two years from the date of acceptance. (Ord. 1580 § 4, 2017).

17.20.040 Final approval.

A. Any person, having received preliminary plat or preliminary short plat approval, shall obtain final plat or short plat approval within the time frames specified in BLMC 14.10.100.

B. The applicant shall submit for final plat or final short plat using forms provided by the director. The director shall prepare a submittal checklist providing a list of the application materials that shall be considered the minimum necessary to constitute a complete application.

C. The city shall not approve a final plat or final short plat unless:

1. The final plat or short plat is consistent with approved preliminary plat or preliminary short plat to include any conditions attached to the decision issued by the city; and

2. The construction of all improvements required by the city has been completed and accepted by the director; provided, that:

a. The city may accept as a condition of final plat or short plat approval a surety equal to 200 percent of the estimated cost of improvement(s) required by the city; provided, that the city will not accept a surety for water mains, hydrants, sewer mains, storm drains, or street paving. The surety shall be released upon completion of all required improvements and acceptance by the city.

b. If the director determines that installation of improvements required for a short subdivision for commercial uses within a commercial zone is not needed at the time of the approval of the final short plat, the improvements shall be installed in conjunction with the construction of the building(s) located on the property. This condition shall be stated on the final short plat, and shall be binding on all later owners of lots created by the short plat.

D. The director and city engineer shall sign the final plat or short plat documents indicating the city’s approval of the final plat or short plat.

E. Upon recording of a final subdivision or short subdivision, all easements and utilities as shown on the final plat or final short plat shall be deemed dedicated to the public.

F. All streets, stormwater, and utility tracts shall be deeded to the city by either a statutory warranty deed or quit claim deed.

G. It shall be the responsibility of the applicant to file the approved final plat or short plat, bearing on its face all required signatures and certifications, with the county auditor and to complete the platting process and provide an approved copy of the signed and recorded document to the city. (Ord. 1580 § 4, 2017).