Article 3 Procedure for Subdivision Approval

Article 3.  Procedure for Subdivision Approval

§12-301   PROCEDURE; PRE-APPLICATION.  Prior to the subdivision of any land, the subdivider or his agent shall discuss informally with the City Engineer the property proposed for subdivision, with reference to these Subdivision Regulations and procedures; the zoning regulations and controls, and the Comprehensive Plan.  Two (2) copies of a Sketch Plan of the proposed subdivision shall be submitted to the City Engineer for the purpose of Classification and preliminary discussion.  From the Sketch Plan the City Engineer shall determine whether the proposed subdivision is a major subdivision, minor subdivision or a replat.  If the proposed subdivision is found to be a major subdivision, the applicant may proceed under section 12-302.  If the proposed subdivision is found to be a minor subdivision or replat, applicant may proceed under section 12-304.  (Amended by Ord.  No.  87-109, 6/1/87)

§12-302 PROCEDURE; MAJOR SUBDIVISIONS, PRELIMINARY PLAT SUBMISSION.  The subdivider shall cause to be prepared a preliminary plat of any proposed major subdivision and shall submit six (6) copies of said preliminary to the City Engineer for his review.  If the preliminary plat meets all the requirements of these Subdivision Regulations, the Zoning Regulations, and the Comprehensive Plan, the City Engineer may approve the preliminary plat.  If the City Engineer finds that the proposed preliminary plat does not meet all requirements of the Subdivisions Regulations, Zoning Regulations and Comprehensive Plan, the City Engineer shall place the matter on the agenda of a Planning Commission meeting and shall give the applicant at least (10) day written notice of the meeting by regular United State Mail.  If the City Engineer should fail to act on a preliminary plat for a period of sixty (60) days the applicant may request the matter be placed on the agenda of the Planning Commission meeting.  (Amended by Ord.  No.  87-109, 6/1/87)

§12-303   PROCEDURE; MAJOR SUBDIVISION; PRELIMINARY PLAT, MEETING.  At any meeting of the Commission which a preliminary plat shall come on for approval, the Commission shall first be given a written or oral report from the City Engineer of the items in the preliminary plat which is his opinion are not in compliance with these Subdivision Regulations, the Zoning Regulations or the Comprehensive Plan or why additional time is required by his office to study the proposed preliminary plat before determining compliance or non-compliance.  The subdivider or his duly authorized representative shall then be given the opportunity to discuss with the Commission the preliminary plat.  The Commission may approve the preliminary plat, may disapprove the preliminary plat and notify the subdivider of the changes and modifications which must be incorporated into the plat before it can be approved, resubmit the matter to the City Engineer for further study or may table the matter until its next meeting, at which time action must be taken.  Any preliminary plat which is disapproved may be modified and resubmitted to the City Engineer (subdivisions with four or less lots which front on existing streets).  (Amended by Ord.  No.  87-109, 6/1/87)

§12-304  PROCEDURE; MINOR SUBDIVISION PLAT AND REPLAT, SUBMISSION.  Within five (5) months after classification of the Sketch Plan as a minor subdivision (subdivisions with four or less lots which front on existing streets) by the City Engineer, the subdivider shall submit two (2) unsigned copies of the final plat to the City Engineer for review.  The plat shall conform to the layout shown on the Sketch Plan plus any recommendations made by the City Engineer.  Said application shall also conform to the requirements of Article 4, Section 12-402 pertaining to minor subdivisions.  The City Engineer may recommend such changes in the final plat for review within five (5) months of approval of the Sketch Plan shall require resubmission of the Sketch Plan for reclassification by the City Engineer.  (Amended by Ord.  No.  87-109, 6/1/87)

§12-305   PROCEDURE; FINAL PLAT SUBMISSION.  Prior to submitting the final, signed plat to the Commission for its approval, the subdivider shall furnish all data and information as listed in the Chapter which are necessary for a detailed engineering consideration of the improvements required to the City Engineer.  For final plat approval, the subdivider shall within six (6) months of the approval of the preliminary plat for major subdivisions and of the Sketch Plan for minor subdivisions and replats submit to the Commission six (6) copies of the final plat.

The final plat shall conform in all important respects with the preliminary plat as previously reviewed by the City Engineer or Commission and shall contain all modifications and revisions specified by the Commission.  Upon the official submission of the final plat for consideration at a regular meeting, the Commission shall give notice that a public hearing will be held on such plat.  Such notice shall be given in a newspaper of general circulation in the Municipality at least ten (10) days before the hearing.

The Commission may approve the final plat or may disapprove the final plat and notify the subdivider of the changes and modifications which must be incorporated into the plat before it can be approved.  (Amended by Ord.  No.  87-109, 6/1/87)

§12-306   PROCEDURE; FINAL PLAT ACCEPTANCE.  When the final plat has been passed favorably by the Commission it shall be sent to the Governing Body for approval.  Upon approval by the Governing Body, it shall be deemed to have received final approval and shall be

properly signed by the Mayor, Council and Planning Commission.  If the final plat is not duly recorded within ninety (90) days after endorsement by the Commission and approval by the Governing Body, said plat shall be considered null and void; Provided, two (2) extensions of ninety (90) days each may be granted if the Commission determines that circumstances demand.  The signing of the final plat shall constitute final approval for the platting of the area in question, and the owner shall cause such plat to be recorded in the office of the County Register of Deeds and shall file satisfactory evidence of such recording in the Office of the Municipal Clerk before the Municipality shall recognize the plat as being in full force and effect.  Approval of the final plat by the Governing Body shall not be deemed to constitute or effect an immediate acceptance by the Municipality or County of any dedication of any street or other public ground shown on the final plat.  Such acceptance shall be made only upon inspection as provided in Article 5 of this Chapter.  Receipt of the duly certified final plat by the subdivider is authorization that he may proceed with the installation and construction of the required improvements.  (Amended by Ord.  No.  87-109, 6/1/98)

§12-307  RECORDING OF PLAT.  In no case shall the requirement of filing and recording a plat for subdivision be waived.


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