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Buena Vista City Zoning Code

ARTICLE XIV

- PROCEDURES FOR SUBDIVISION PLAT APPROVAL

Sec. A-140. - Platting authority.

The Commission shall be the official platting authority.

Sec. A-141. - Pre-application review.

Whenever the subdivision of a tract of land within the jurisdiction of the Commission is proposed, the subdivider should consult early and informally with the Zoning Enforcement Officer for advice and assistance. The subdivider may submit sketch plans and data showing existing conditions within the site and in its vicinity and the proposed layout and development of the subdivision. The Zoning Enforcement Officer shall return within 15 days the submitted sketch to the subdivider and shall inform the subdivider where the plans do not comply with the regulations set forth in the ordinance. No fee shall be charged for the pre-application review and no formal application shall be required.

Sec. A-142. - Procedure for preliminary plat approval.

Prior to the cutting or grading of any street or the making of any street improvements or the installation of utilities, the subdivider shall submit to the Commission a preliminary plat of the proposed subdivision in accordance with the following:

142.1.

Application for preliminary plat approval. Following the pre-application review of a proposed subdivision, the subdivider shall submit to the City Council, at least ten days prior to the next regular meeting of the Commission, a letter requesting review and approval of a preliminary plat and other documents, as specified in section A-143 herein.

142.2.

Review of preliminary plat. The Zoning Enforcement Officer shall check the plat for conformance to the rules and regulations of this ordinance and report his findings and recommendations to the Commission, who shall review the application and make a written recommendation to the City Council to approve or disapprove such application. The City Council shall hold a public hearing on the application and approve or disapprove such application.

142.2.1.

Preliminary approval. Following the hearing of the preliminary plat and other related material, the City Council may express preliminary approval noting the conditions of such approval on three copies of the preliminary plat with one copy being returned to the subdivider, one copy to the office of the Building Inspector for the City Council and one copy to be added to the records of the City Council. Approval of a preliminary plat does not constitute approval of a final plat. It indicates only approval of the layout as a guide to the preparation of the final plat.

142.2.2.

Expiration time. Preliminary approval shall expire and be of no further effect 12 months from the date of the preliminary approval unless final plat approval has been given on at least one lot of the development.

142.2.3.

Disapproval. Following the hearing of the preliminary plat and other related material, the City Council may find reasons detrimental to the public safety, health, and general welfare, or in conflict with adopted plans of the City Council which required the disapproval of the preliminary plat. A statement of the reasons for disapproval shall be made on two copies of the preliminary plat with one copy being added to the records of the City Council. The applicant may reapply for preliminary plat approval in accordance with section 142.1 herein.

142.2.4.

Automatic approval. Failure of the City Council to act on the preliminary plat within 30 days after submission thereof, without due cause, shall be deemed to be approval of the plat and a certificate of preliminary approval shall be issued by the City Council on demand; provided, however, that the subdivider may waive this requirement and consent to an extension of time.

Sec. A-143. - Preliminary plat specifications.

143.1.

Scale. The preliminary plat shall be clearly and legibly drawn at a scale not smaller than 200 feet to one inch.

143.2.

Sheet size. Sheet size shall not be greater than 18 inches by 24 inches. If the complete plat cannot be shown on a sheet of this size, it may be shown on more than one sheet with an index map on a separate sheet of a reduced scale.

143.3.

Ground elevations.

The preliminary plat shall show elevations based on the datum plane of the U.S. Coast and Geodetic Survey, with a contour interval of five feet [or less if determined by the City Council].

The City of Buena Vista also reserves the right to require ground elevation on any plat of one lot or more submitted for approval.

143.4.

Information to be provided on preliminary plat. The preliminary plat shall contain the following information:

(1)

Name and address of owner of record and/or subdivider.

(2)

Proposed name of subdivision and its acreage.

(3)

North point and graphic scale and date.

(4)

Vicinity map showing location in relation to obvious geographic locations.

(5)

Exact boundary lines of the tract by bearing and distance.

(6)

Names of owners of record of adjoining land with its approximate acreage.

(7)

Existing streets, utilities and easements on and adjacent to the tract, including the size and width of each.

(8)

Proposed layout including streets, alleys and easements with both dimensions and proposed street names.

(9)

Block letters and lot numbers.

(10)

Provisions for water supply, sewerage and drainage.

(11)

Minimum building front yard setback lines.

(12)

Such typical street cross sections and centerline profiles as may be required.

(13)

Location of streams, lakes, and swamps and land subject to flooding as determined from past history flooding.

(14)

Existing zoning district classifications of the proposed subdivision and of adjoining properties.

(15)

Inscription stating "NOT FOR FINAL RECORDING."

143.5.

Certificate of preliminary approval. A certificate of approval of the preliminary plat by the City Council shall be inscribed on the plat as follows:

"In that all the requirements of Preliminary Approval having been fulfilled, this subdivision plat was given Preliminary Approval by the Buena Vista City Council on ________ 20___. This Preliminary Approval does not constitute approval of the Final Plat. This Certificate of Preliminary Approval shall expire and be null and void on ________ 20___.

_____
Date
_____
Mayor
_____
Clerk, City of Buena Vista"

 

143.6.

Initiation of installing physical improvements. After receiving a certificate of preliminary approval by the Commission, the subdivider may then proceed to grade the streets and install all improvements required under this ordinance and any other applicable regulations of the City Council. In lieu of the completion of all improvements prior to submission of the final plat, the subdivider may post a performance bond with the Treasurer of the City Council in an amount and with surety conditions satisfactory to it, providing for and assuring to the City Council the actual construction and installation of such improvements within the period of time specified by the City Council and stated in the bond.

Sec. A-144. - Final plat procedure.

After completion of the physical development of the subdivision or the posting of a performance bond, the subdivider shall submit to the City Council a final plat in accordance with the following procedures:

144.1.

Application for final plat approval. After the preliminary plat of a proposed land subdivision has been given preliminary approval by the City Council, the subdivider may, within one year or within such additional time as may be granted by the City Council, submit to the Zoning Enforcement Officer, at least ten days prior to the next regular meeting of the City Council, the following:

144.1.1.

A letter requesting review and approval of the final plat.

144.1.2.

Four printed copies of the final plat with signed certifications and other documents as specified in section A-145 herein.

144.1.3.

A final plat filing fee will be charged in accordance with the City of Buena Vista Fee Schedule at the time of filing the final plat.

144.2.

Review of the final plat. The Zoning Enforcement Officer shall check the plat for conformance with the tentatively approved preliminary plat and with regulations of this ordinance.

144.2.1.

The Zoning Enforcement Officer shall present the request for a final approval of the plat along with all related documents, as well as his recommendation to the Commission, who shall meet and make a recommendation to the City Council, who shall hold a meeting, and either approve or disapprove the final approval of the plat. If the City Council approves the plat, the Zoning Enforcement Officer shall write "Approved by City Council, this _______ day of ________." on the various copies of the final plat and shall sign the same as Zoning Enforcement Officer. No approval of the final plat shall be given unless all conditions of the preliminary approval have been met and fully complied with.

144.2.2.

Disapproval. The City Council may find the final plat in conflict with the tentatively approved preliminary plat, or with [an] ordinance requiring the disapproval of said plat. The disapproval shall be placed on two copies of the final plat with one copy being returned to the subdivider and one copy being added to the records of the City Council.

144.2.3.

Automatic approval. Failure of the City Council to act on the final plat within 30 days after submission thereof shall be deemed to be approval of the plat and certificate of final approval shall be issued by the City Council on demand; provided, however, that the subdivider may waive this requirement and consent to an extension of time.

Sec. A-145. - Final plat specifications.

145.1.

Conformance with the preliminary plat. The final plat shall conform to the conditions of the tentatively approved preliminary plat.

145.2.

Original tracing specifications. The final plat shall be clearly and legibly drawn on any acceptable tracing material as required by the Office of the Clerk of the Superior Court of Marion County. The scale shall be 100 feet or 50 feet to the inch on a sheet size of not greater than 18 inches by 24 inches. If the complete plat cannot be shown on one sheet of this size, it may be shown on more than one sheet with an index at a reduced scale.

145.3.

Additional specifications. The final plat shall conform with the Georgia Plat Act and shall contain the following information:

(1)

Name and address of owner of record and of subdivider.

(2)

North point and graphic scale and date.

(3)

Vicinity map showing location and acreage of the subdivision.

(4)

Names and [addresses of] owners of record of adjoining land with its appropriate acreage.

(5)

Location of streams, lakes, and swamps and land subject to flood as determined from past history of flooding.

(6)

Bearing and distance to permanent points on the nearest existing street lines or benchmarks or other permanent monuments [not less than three] shall be accurately described on the plat.

(7)

Municipal and county lines shall be accurately tiled to the lines of the subdivision by distance and angles when such lines traverse or are reasonably close to the subdivision.

(8)

The closest land lot corner shall be accurately tied to the lines of the subdivision by distance and angles.

(9)

Land lot and land district numbers shall be shown.

(10)

Exact boundary lines of the tract determined by a field survey, giving distances to the nearest one-tenth foot and angles to the nearest minute shall be balanced and closed with an apparent error of closure not to exceed one in 5,000.

(11)

Name of subdivision, exact locations, widths, and names of all streets and alleys within and immediately adjoining the new subdivision shall be shown on the plat.

(12)

Street right-of-way lines shall show angles of deflection, angles of intersection, radii, and lines of tangents.

(13)

Lot lines shall be shown with dimensions to the nearest one-tenth.

(14)

Lots shall be numbered in numerical order and blocks letter alphabetically.

(15)

Each lot shall have a house number.

(16)

Location, dimension, and purposes of any easements and any areas to be reserved or depicted for the public use shall be shown on the plat.

(17)

Accurate location, material, and description of monuments and markers shall be described on the plat.

(18)

Minimum building front yard setback lines shall be shown.

145.4.

Surveyor's certification. A signed certification by a registered land surveyor certifying to the accuracy of the survey and stamp shall be placed on the final plat as follows:

"The field data upon which this map is based have a closure precision of one foot in _______ feet and an angular error of _______ per angle point, and was adjusted using the _______ rule.

This map or plat has been calculated for closure and is found to be accurate within one foot in _______ feet.

The linear and angular measurements shown on this plat were obtained by using a _____ and _____.

By: ___________
Georgia Registered Land Surveyor No. _____"

 

145.5.

Owner's certification. A signed certification of ownership shall be placed on the final plat as follows:

"Owner's Certification:

State of Georgia, County of Marion.

The undersigned certifies that he is the owner of the land shown on this plat and acknowledges this plat and allotment to be his free act and deed and dedicates the public use forever all areas shown or indicated on this plat as streets, alleys, easements, or parks.

_____
Date
_____
Owner's Name"

 

145.6.

Certificate of approval by the City Council. A signed certification of the City Council shall be placed on the final plat as follows:

"We certify that the owner, or his agent, has completed the construction and installation of the streets, drainage, utilities and other improvements in accordance with the laws and specifications of the City of Buena Vista, Georgia; or has posted a performance bond in lieu thereof.

_____
Date
_____
Building Official, City of Buena Vista, GA
_____
City Clerk, City of Buena Vista, GA"

 

Sec. A-146. - Certification of final approval by the City Council.

Certification of final approval by the City Council shall be placed on the final plat only after every item in sections A-144 and A-145 of this ordinance has been complied with and shall state the following:

"I certify that all requirements for final approval of this plat have been fulfilled in accordance with the ordinances of the City of Buena Vista, Georgia, and the requirements of the Buena Vista Planning Commission.

_____
Date
_____
Chairperson, Commission"

 

Sec. A-147. - Recording of final plat.

Upon the approval of a final plat by the City Council, the owner or his agent shall have the final plat recorded in the Office of the Clerk of the Superior Court prior to the sale of any lot in the subdivision. Upon recording of the approved final plat, a copy of any private covenants or deed restrictions shall be provided by the subdivider for the records of the Commission.