This chapter, and ordinances supplemental or amendatory thereto, shall be known as the “Subdivision Control Code” or “this chapter” throughout.

(Prior Code, § 154.01) (Ord. 1978-6, passed 4-4-1978)

   The purposes of this chapter are to promote the health, safety and general welfare of the residents of the city; to assist orderly, efficient and integrated development of the city; to promote an adequate, efficient and safe street and road system; to assure planning for and provision of an adequate and safe water supply and sewage disposal system; to provide for adequate utilities and public improvements; to prevent loss and injury from fire, floods and other hazards, to safeguard the interests of the public, homeowner and subdivider; and to protect the natural resources of the city.

(Prior Code, § 154.02) (Ord. 1978-6, passed 4-4-1978)

   The regulations established by this chapter shall apply to all subdivisions or parts of subdivisions or lands defined in § 154.004 of this chapter, lying wholly or partly within the city or its official planning jurisdiction.

(Prior Code, § 154.03) (Ord. 1978-6, passed 4-4-1978)

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ALLEY. A minor public way, primarily for vehicular access to the rear or side of properties otherwise abutting on a street.

   BLOCK. An area of land within a subdivision which is entirely bounded by streets, highways, railways or waterways, or the exterior boundaries of the subdivision.

   BOARD OF PUBLIC WORKS. The Board of Public Works and Safety of the city.

   BUILDING SETBACK LINES (FRONT YARD SETBACK). A line on a plat between which line and the adjacent street line, buildings or structures may not be erected.

   COMMISSION. The City Plan Commission.

   DISPOSITION. A contract of sale resulting in the transfer of equitable title to an interest in subdivided land; an option to purchase an interest in subdivided land; a lease or an assignment of an interest in subdivided land; or any other conveyance of an interest in subdivided land.

   DWELLING UNIT OR UNITS. A place of residence that may be located in either a single or multiple dwelling unit building.

   EASEMENTS. Areas other than streets and alleys which are reserved, conveyed or dedicated for specialized or limited purposes.

   EVIDENCE. Any map, table, chart, contract or any other document of testimony prepared or certified by a qualified person to attest to a specific claim or condition which evidence must be relevant and competent and must support the position maintained by the subdivider.

   FLOOD or FLOODWATER. The water of any watercourse which is above the banks or outside the channel and banks of such watercourse.

   FLOOD HAZARD AREA. Any floodplain, floodway or floodway-fringe district, or any combination thereof as shown on the zoning map of the city; provided, such area, for purpose of participation in the National Flood Insurance Program under the Federal Insurance Administration only, shall include any area designated as a flood hazard area on the most current Federal Insurance Administration Flood Hazard Boundary Map, as revised from time to time, in addition to area otherwise designated as a flood hazard area by Ch. 150 of this code of ordinances.

   FRONT YARD SETBACK. A line on a plat between which line and the adjacent street line, buildings or structures may not be erected.

   IMPROVEMENT PLAN. A map, engineering drawing, text or other supporting materials detailing the improvements required or proposed for a subdivision and showing how these will be constructed or provided.

   LOT. A parcel of portion of land separated from other parcels or portions by description as on a subdivision or record of survey map or by metes and bounds for purpose of sale, lease, separate use or building development.

   MASTER PLAN. A complete plan or any part of such plan for the development of the city as prepared and adopted by the City Plan Commission.

   NECESSARY LAND. The land to be dedicated for school or park purposes shall mean that amount of suitable acreage which is required by the Commission or Board of Public Works in connection with the formulas and standards provided in this chapter.

   PLAT. A map and supporting materials of certain described land, prepared in accordance with the subdivision regulations as an instrument for recording of real estate interests with the County Recorder.

   PRIMARY PLAT. The map or maps of a proposed subdivision and specific supporting materials, drawn and submitted in accordance with the requirements of this chapter to permit the evaluation of the proposal prior to detailed engineering and design.

   PUBLIC HEARING or HEARING. A hearing, held by the Plan Commission, pursuant to notice stating the matter to be heard, the time and place of the hearing, published in a newspaper of general circulation in the city, unless otherwise designated by statute, at least seven days prior to the date set for the hearing, for the purpose of affording the public an opportunity to be heard with regard to such matter. In the event that any applicable statute specifies a different manner of notice or is otherwise in conflict, the requirements of the statute shall control and shall be followed in lieu of these notice requirements.

   SKETCH PLAN. A drawing of a proposed subdivision, drawn and submitted in accordance with the requirements of § 154.050 of this chapter in order for the Plan Commission to evaluate the design characteristics and feasibility of a proposed subdivision at an early state in the planning.

   STREET. A public thoroughfare which affords principal means of vehicular access to abutting property whether indicated as a street, highway, thoroughfare, drive, parkway, expressway, road, avenue, boulevard, land or otherwise.

   SUBDIVIDER or DEVELOPER. Any person, firm, partnership, joint venture, association or corporation who shall participate as owner, promoter, developer or sales agent, in the planning, platting, development, promotion, sale or lease of a subdivision.

   SUBDIVISION or SUBDIVIDED LAND. Any parcel of land in the city or its official planning jurisdiction including land to be used for condominiums, apartments or any other multiple dwelling units unless such land when previously subdivided was accompanied by a filing which complied with the provisions of this chapter with substantially the same density, or which is divided into two or more parcels, separate interests or interests in common, unless exempted under divisions (1) or (2) below.

      (1)   The terms SUBDIVISION and SUBDIVIDED LAND, as defined in this section, shall apply to the division of any parcel of land, shown as a unit, as part of a unit or as contiguous units on the last preceding transfer of ownership, into two or more parcels or lots for the purpose, whether immediate or future, of transfer of ownership or improvement of one or more of these parcels of land for residential, commercial or industrial structures or groups of structures. All divisions of land meeting the above described definition of a SUBDIVISION or SUBDIVIDED LAND shall have a plat recorded in the office of the County Recorder.

      (2)   Unless the method of disposition is adopted for the purpose of evading this chapter, the terms SUBDIVISION and SUBDIVIDED LAND, as defined in this section, shall not apply to any division of land:

         (a)   Created by order of any court in this state or by operation of law;

         (b)   Created by lien, mortgage, deed of trust or any other security instrument;

         (c)   Created by a security or unit of interest in any investment trust regulated under the laws of the state or any other interest in any investment entity;

         (d)   Created as cemetery lots; or

         (e)   Created by the acquisition of an interest in land in the name of a husband and wife or other persons in joint tenancy or as tenants in common and such interest shall be deemed for purposes of this section as only one interest.

(Prior Code, § 154.04)

   (A)   Any subdivider desiring to subdivide or lay out any subdivision of land situated within the corporate limits of the city or its official planning jurisdiction shall, prior to the sale of any lot, lots or lands in such proposed subdivision, obtain final approval of the subdivision and record in the office of the County Recorder, a correct final plat of subdivision, in the manner and form hereinafter prescribed.

   (B)   A subdivider desiring the approval of a plat for the subdivision of any lands, as referred to above, shall make application as set forth in this chapter.

   (C)   The Plan Commission is authorized in specific cases to grant variance from the terms of this chapter which will not be contrary to the public interest, where owing to special conditions, fully demonstrated by the facts presented, a literal enforcement of the provisions of this would result in unnecessary hardships and so that the spirit of the chapter shall be observed and substantial justice done.

(Prior Code, § 154.10) (Ord. 1978-6, passed 4-4-1978)

   (A)   Filing of sketch plan. A sketch plan of a proposed subdivision, conforming with the requirements of § 154.050 of this chapter, shall be filed in the office of the City Building Inspector.

   (B)   Zoning Administrator action. The Zoning Administrator will hold an executive meeting with the City Engineer, City Building Inspector and applicant to review the proposed plan. The Zoning Administrator shall review the sketch plan and communicate suggestions, recommendations and a prospective schedule to the subdivider..

(Prior Code, § 154.11) (Ord. 1978-6, passed 4-4-1978)

   (A)   Filing of primary plat. A primary plat, conforming with the requirements of §§ 154.065 through 154.069 of this chapter, shall be filed in the office of the City Building Inspector, together with the appropriate filing fee. Ten copies of the primary plat shall be filed. The City Building Inspector shall refer the preliminary plan to the Plan Commission.

   (B)   Referral and review. Upon receipt of the complete primary plat, the City Building Inspector shall distribute copies of the primary plat to any agency or person affected by or interested in the proposed subdivision. The agency or person shall make recommendations or comments to the Plan Commission within ten days after receipt. Recommendations shall be in writing and filed in the office of the City Building Inspector, who shall refer them to the Plan Commission at its meeting for consideration of the plan as provided in division (C) below.

   (C)   Public hearing. Upon receipt of the primary plat and recommendations or comments from agencies or persons to whom copies of the primary plat were distributed pursuant to division (B) above, the Plan Commission shall set a date for a public hearing on the primary plat, notifying the applicant-subdivider in writing of the date, time and place. Notice of the meeting shall be published in the manner described in § 154.004 of this chapter. The public hearing may be continued if the Plan Commission, in its discretion, deems it necessary to afford all interested persons an opportunity to be heard or if it is necessary for the Plan Commission to make an informed and reasoned judgment on the primary plat.

   (D)   Plan Commission action. Within 90 days after the filing of a primary plat, unless the time is extended by agreement of the subdivider, the Plan Commission shall approve or disapprove the primary plat. The decision of the Plan Commission shall be recorded in the minutes of the meeting. If the primary plat is disapproved, the reason for the disapproval shall be recorded in the minutes of the meeting in clear and concise terms, together with a clear and concise statement of what, if any, changes to the primary plat will render the plan acceptable. A copy of the Plan Commission minutes, containing the approval of a primary plat shall be referred to the Board of Public Works for its information and to the subdivider, upon written request. If the Plan Commission does not take action within 90 days from the date the primary plat is filed or within the period of any extension, the primary plat shall be deemed approved and the subdivider may proceed in the manner hereinafter provided.

(Prior Code, § 154.12) (Ord. 1978-6, passed 4-4-1978)

   (A)   General. After the approval of the primary plat but before the commencement of any construction work or the filing of the final plat, the subdivider shall file three complete copies of a secondary plat, conforming with the requirements of § 154.080 of this chapter, in the office of the City Building Inspector, who shall refer the plan to the Plan Commission, Board of Public Works and City Engineer, who shall make recommendations to the Board.

   (B)   Subject to provisions in this section, if a subdivider wishes to present a secondary plat of an approved larger primary plat in sections, the subdivider shall be allowed such flexibility with the following conditions:

      (1)   The secondary plat shall be treated as a separate plat both for review and fee purposes.

      (2)   Submittals, required improvement and design considerations shall be consistent throughout.

      (3)   Subdivider shall present all relevant information with each application or section. No reference to prior submittals will be allowed.

      (4)   No needed improvements from an early section shall be promised in future phases without providing a surety bond to the City Board of Works consistent with the required improvements.

      (5)   Subdivisions shall maintain a consistent name and section description, for example “Cottonwood Subdivision - Section 1”, “Cottonwood Subdivision - Section 2” and the like.

      (6)   Transfer of any prior approvals for a primary plat or secondary plat from one subdivider to a successor subdividor is subject to Plan Commission and Board of Works approval.

   (C)   Action on secondary plat. The Plan Commission and the Board of Public Works shall each inspect the secondary plat for compliance with the provisions of this chapter, standard engineering practices and any other applicable ordinances, statutes, rules or regulations.

      (1)   The City Engineer shall, within ten working days after the receipt of a copy of the improvement plan, approve or disapprove the same, with regard to plans and specifications for stormwater, sanitary sewer and water lines only. In the event the City Engineer disapproves these portions of the improvement plan, he or she shall record the reasons in clear and concise language and shall also issue a clear and concise statement of what, if any, changes will render these portions of the secondary plat acceptable.

      (2)   After the City Engineer has approved the secondary plat and a copy of the notice containing such approval has been received by the Plan Commission and Board of Works, the Plan Commission and Board of Works shall within 30 days meet for the purpose of considering the secondary plat. The Plan Commission and Board of Works shall determine whether the plan conforms with the approved primary plat and whether the secondary plat complies with all applicable requirements of this chapter, all other ordinances, statutes, rules or regulations. The decision of the Plan Commission and Board of Works shall be recorded in the minutes of the meeting at which the secondary plat is considered and shall be stated in clear and concise terms. In the event the secondary plat is disapproved by the Plan Commission or Board of Works, the reasons shall be stated in clear and concise terms, together with a statement of what changes in the plan, if any, will render the plan acceptable. A copy of the minutes shall be delivered to the subdivider, upon written request. If the Plan Commission or Board of Works does not take action on the secondary plat within 30 days from the date the notice of approval from the City Engineer to the Plan Commission and Board of Works, the secondary plat shall be denied.

(Prior Code, § 154.13) (Ord. 1978-6, passed 4-4-1978)

   (A)   Time for filing. A final plat which complies with the requirements of §§ 154.095 through 154.097 shall be filed in the office of the City Building Inspector, within 18 months from the date of the Plan Commission’s and Board of Works’ approval of a secondary plat, whichever is later.

   (B)   Installation of improvements or bond required. All improvements required to be installed in any subdivision shall be installed prior to the filing of a final plat, or in the event all improvements shall not have been installed at such time, a bond, together with sufficient and satisfactory surety in the manner and form hereinafter specified, shall be filed simultaneously with the final plat. The bond and surety shall be sufficient to pay the cost of installing any and all improvements not installed at the time of the filing of the final plat. If all of the required improvements have been installed, a certification of such fact shall be endorsed by the City Engineer on the final plat.

   (C)   Bond and surety requirements. A bond shall:

      (1)   Run to the city;

      (2)   Be in an amount determined by the Board of Works to be sufficient to complete the improvements and installations in compliance with this chapter and any ordinance of the city;

      (3)   Be with surety satisfactory to the Board of Works; and

      (4)   Specify the time for the completion of the improvements and installations.

(Prior Code, § 154.14) (Ord. 1978-6, passed 4-4-1978)

   (A)   Notice of intent to file bond. In the event the subdivider desires to file a bond, with surety thereon, in lieu of completing the installation of all required improvements prior to filing a final plat for approval, he or she shall notify the City Building Inspector in writing of such intention within 90 days from the date of the Plan Commission’s approval of the secondary plat. The City Building Inspector shall refer such notice to the City Engineer who shall prepare a cost estimate of the cost of installation of all required improvements based upon the information and specifications supplied by the subdivider in the primary plat and the secondary plat. Within 30 days from the receipt of the notice, the City Engineer shall deliver the cost estimate to the City Building Inspector, who shall refer the cost estimate to the Board of Works.

   (B)   Determination of amount of bond. The Board of Works shall, within 30 days from the date of receipt of the cost estimate by the City Building Inspector, meet and determine the amount of the bond which shall be filed by the subdivider based upon the City Engineer’s cost estimate and any other relevant factors. The determination of the amount of the bond shall be recorded in the minutes of the Board of Works and a copy of the minutes shall be mailed to the subdivider. The subdivider shall then file a final plat and a bond, in satisfactory form, in the amount determined by the Board of Works, together with surety thereon satisfactory to the Board of Works, in the office of the City Building Inspector, who shall refer the bond and surety to the Board of Works for approval of the surety on the bond.

   (C)   Approval of surety on bond. If the Board of Works determines that the surety on the bond filed by the subdivider is satisfactory, a certification shall be endorsed on the surety document or shall be appended thereto and the approval shall be recorded in the minutes of the Board of Works. The bond and surety shall be filed by the City Building Inspector in the office of the City Clerk-Treasurer. If the Board of Works disapproves the surety, its action shall be recorded in the minutes of its meeting together with a statement in clear and concise language specifying the reason or reasons for the disapproval and what, if anything, can remedy the defect of the surety as submitted. A copy of such minutes, in the event the surety is disapproved, shall be mailed by the City Building Inspector to the subdivider, who shall cure such defects and resubmit the surety for approval by the Board of Works. In the event the Board of Works disapproves the surety, the City Building Inspector shall not consider the final plat until such time as the surety on the bond is approved. In the event the Board of Works approves the surety on the bond, the City Building Inspector shall proceed with consideration of the final plat. No final plat shall be considered or approved by the Plan Commission until the required bond has been filed by subdivider and the surety has been approved by the Board of Works.

   (D)   Approval of final plat. In the event the Board of Works approves the surety on the subdivider’s bond, the Plan Commission shall commence its consideration of the subdivider’s final plat and shall either approve or disapprove the final plat within a reasonable time. If the Plan Commission approves the final plat, it shall affix the signature of its president thereto, which signature shall be attested to by the Secretary, and such approval shall be recorded in the minutes of the Plan Commission meeting at which the final plat was approved. If the Plan Commission disapproves the final plat, it shall record its reasons in clear and concise language in the minutes of the meeting of the Plan Commission at which the final plat was disapproved and shall mail a copy of the minutes to the subdivider.

   (E)   Installation of improvements in event of default by subdivider. In the event that a subdivider does not complete work included under a surety bond within two years of the approval of the final plat, the Board of Works may notify the subdivider of its intention of proceeding with the work. The subdivider shall within 180 calendar days of said notice, install all of the improvements and execute all dedications required by his or her covenants. In the event the subdivider fails to install such improvements, the city shall proceed upon the subdivider’s bond and shall install such improvements. In the event that the subdivider’s bond is insufficient to pay the cost of all of such improvements, the subdivider shall be responsible for the payment of the cost for such improvements in excess of that amount covered by the proceeds of the bond.

(Prior Code, § 154.15) (Ord. 1978-6, passed 4-4-1978)

   (A)   After the Plan Commission has approved a secondary plant and the subdivider has completed the required improvements for the subdivision or a section thereof, the final plat, along with any protective or restrictive covenants and any homeowner’s or landowner’s association declaration, shall be recorded in the office of the County Recorder. In the event a plat is in sections, each section shall be recorded upon being approved.

   (B)   The final plat shall not be released by the City Building Inspector until a copy of record as-built drawings have been received and approved by the Zoning Administrator and City Engineer.

(Prior Code, § 154.17) (Ord. 1978-6, passed 4-4-1978)

   In the event an existing subdivision or parcel is resubdivided so that the street alignment, utility services, development density, lot design or drainage will be changed, the area constitutes a new subdivision and the procedure for filing preliminary and final plats as outlined in this chapter is applicable and shall be followed.

(Prior Code, § 154.20) (Ord. 1978-6, passed 4-4-1978)

   The Plan Commission may withdraw any recommendation or approval by the Plan Commission of a plan or plats if and when it is determined that the information and specifications provided by the subdivider upon which such decision was based, is false, inaccurate or not being complied with and any authority by virtue of such prior decision, shall terminate.

(Prior Code, § 154.21) (Ord. 1978-6, passed 4-4-1978)

   Except as otherwise provided, approval of a primary plat shall be effective for 18 months only. Thereafter, approval of the primary plat shall have expired unless a final plat has been submitted to the Plan Commission prior thereto, or a mutually agreed upon extension has been granted by the Plan Commission, which extension shall be recorded in the minutes of the Plan Commission meeting in clear and concise terms.

(Prior Code, § 154.22) (Ord. 1978-6, passed 4-4-1978)

   The Plan Commission may require as a condition to the approval of a final subdivision plat, the dedication or reservation of lands, payment of fees in lieu thereof, or a combination of both, for park and recreational purposes. Dedication requirements shall be accomplished by conveying said lands to the city by a duly recorded legal instrument upon approval of the final plat, and the deposit of such fees into a special park fund established for this purpose, as the Plan Commission shall have determined is in accordance with the limitations, principles and standards enumerated herein.

(Prior Code, § 154.23) (Ord. 1978-6, passed 4-4-1978)

   Every sketch plan shall be legibly drawn and shall contain the following information:

   (A)   Adequate information to readily determine the location of the proposed subdivision including property boundaries, true north, a site sketch and indication of scale; (Scale should be one inch equals 50 feet to a maximum of one inch equals 200 feet.)

   (B)   Significant natural and human-made features on the site and the vicinity including existing topographic contours at five-foot intervals drawn from available data such as the United States Geological Survey (USGS) maps;

   (C)   The approximate number of lots, lot size, layout and acreage of the proposed subdivision;

   (D)   Zoning of the property and the contemplated use of the property as it pertains to the zoning;

   (E)   The name, address and phone number of the owner and developer of the property;

   (F)   Any further information that the applicant feels would be vital to the proposed division of property; and

   (G)   Relevant site characteristics and analysis applicable to the proposed subdivision including the following, which shall be submitted by the subdivider with the sketch plan:

      (1)   Reports concerning streams, lakes, topography and vegetation;

      (2)   Reports concerning geologic characteristics of the area significantly affecting the land use and determining the impact of such characteristics on the proposed subdivision; and

      (3)   Maps and tables concerning suitability of types of soil in the proposed subdivision, in accordance with the national cooperative soil survey.

(Prior Code, § 154.30) (Ord. 1978-6, passed 4-4-1978)

   A primary plat shall consist of the following:

   (A)   A primary plat statement;

   (B)   A primary plat site sketch;

   (C)   A primary plat drawing; and

   (D)   A preliminary cross-section plan.

(Prior Code, § 154.40) (Ord. 1978-6, passed 4-4-1978)

   A primary plat plan statement shall be typewritten, on eight and one-half inch by 11-inch bond paper, double spaced, dated and signed by the subdivider, and containing the following information in clear and concise language:

   (A)   The name of the proposed subdivision, which name shall be different from any existing subdivision in the city;

   (B)   A metes and bounds or other legal description of the tract of land to be subdivided;

   (C)   The names, addresses and telephone numbers of the owner or owners of the land, the subdivider, and the engineer or surveyor who will be responsible for the designing of the subdivision lay- out;

   (D)   The proposed restrictive covenants, if any, and any proposed homeowner’s or landowner’s association declaration;

   (E)   A description of the types of structures proposed to be constructed in the subdivision, for example, single-family residences, duplexes, apartments and the like;

   (F)   If the subdivision is proposed incidental to or involves participation by the subdivider in any federal housing program, a statement describing the project, its intended purpose, the federal administrative agencies involved and the federal law and administrative rules pertaining thereto;

   (G)   If the subdivision, or a portion thereof is intended for occupancy by individuals or families of a certain income group pursuant to a federal housing project or program, a complete description and explanation from which it can be determined whether the proposed subdivision conforms to the master plan and Ch. 150 of this code of ordinances;

   (H)   A statement of the total acreage of the proposed subdivision to the nearest half-acre, and the percentage of the total subdivision area which will be devoted to lots, streets, common area and to any other type of specific use; and

   (I)   Reports concerning streams, lakes, topography, vegetation and geologic characteristics which significantly affect the land use of the area which the proposed subdivision would comprise and showing the impact of such characteristics on the proposed subdivision. Maps and tables concerning the suitability of types of soil in the subdivision area in accordance with the national cooperative soil survey shall be appended to comprise a part of the preliminary plan statement.

(Prior Code, § 154.41) (Ord. 1978-6, passed 4-4-1978)

   The preliminary site sketch shall be legibly drawn to a scale of 100 feet to one inch; except that, when use of this scale results in a drawing having a dimension in excess of 30 inches, a scale of 200 feet to one inch may be used, showing the following:

   (A)   The location of the proposed subdivision in relation to contiguous property and identifying the location of the subdivision by section, township and range;

   (B)   North point and scale references;

   (C)   Location, names, present width and grades of adjacent or abutting roads, streets highways and public ways or railroads;

   (D)   Existing features pertaining to the subdivision area, particularly, the following shall be shown:

      (1)   The location of all existing structures, with an indication as to whether they are to remain on the property or are to be removed;

      (2)   The location of all easements, telephone lines, gas lines, power lines and other features located within the proposed subdivision and within 500 feet of its boundaries;

      (3)   The location of all sewer lines, water mains, culverts or other underground facilities within the subdivision tract or within 500 feet thereof, indicating the pipe size, grades and exact locations as obtained from public records; and

      (4)   The location of boundary lines of adjacent tracts of unsubdivided and subdivided land, showing the owner’s names as shown from public records.

   (E)   The approximate location of all areas subject to inundation by the regulatory flood or storm water overflow and the location, width and direct flow of all water sources.

(Prior Code, § 154.42) (Ord. 1978-6, passed 4-4-1978; Ord. 1981-5, passed 6-16-1981)

   The primary plat shall be legibly drawn to a scale of 100 feet to one inch; except that, when the use of this scale results in a drawing have a dimension in excess of 30 inches, a scale of 200 feet to one inch may be used, showing the following:

   (A)   The boundary lines of the subdivision tract, together with accurate distances and angles and the exact location of all existing and recorded streets intersecting the boundary of the tract;

   (B)   Angles or referenced bearings (true north, grid north, magnetic north or assumed bearing) and distances to the nearest established street line or existing official monuments which shall be accurately described;

   (C)   The location, names, widths and approximate grades of all roads, streets, highways, public ways and rights-of-way in the proposed subdivision or to be offered for dedication;

   (D)   The location and proposed width of all easements for drainage, sewer and public utilities. In the event there is intended to be any limitations on any easements, such limitations shall be described in the primary plat plan statement;

   (E)   The location and dimensions of all lots and lot numbers;

   (F)   The location and dimension of all property which is proposed to be offered for dedication for public use and the description and location of any property that may be reserved by deed, covenant or restrictions for the common use of property owners of the subdivision;

   (G)   The location of building setback for front, side and rear yards, showing dimensions and location;

   (H)   Location of street lights;

   (I)   The name of the proposed subdivision;

   (J)   The name and address of the subdivider; and

   (K)   Certificate by a registered professional engineer and/or registered land surveyor.

(Prior Code, § 154.43) (Ord. 1978-6, passed 4-4-1978)

   The preliminary cross-section plan shall be legibly drawn and shall show the typical cross-sections and proposed grades for streets, highways and alleys and the details of all curbs, gutters, sidewalks and other improvements proposed to be located within the subdivision. Such drawings shall be of such scale to show all details clearly.

(Prior Code, § 154.44) (Ord. 1978-6, passed 4-4-1978)

   (A)   A complete final grading plan of the portion of the subdivision to be recorded;

   (B)   Profiles drawn to scale showing ground and grade elevations of all streets, highways, walkways, alleys, sanitary and storm sewers, and drainage ways;

   (C)   Detailed plans and specifications for street grading and construction of pavement section, curbs, gutters and sidewalks where required;

   (D)   Detailed plans and specifications for drainage structures and flood-control provisions;

   (E)   Detailed plans and specifications for sewer lines and water lines; and

   (F)   Detailed plans and specifications for power systems, including location and easements to be used.

(Prior Code, § 154.50) (Ord. 1978-6, passed 4-4-1978)

   (A)   The final plat shall be drawn in India ink or other substantial solution on a reproducible medium with outer dimensions of 24 inches by 36 inches, and shall be at a scale of 100 feet to one inch or larger.

   (B)   The final plat shall show the following:

      (1)   The boundary lines of the subdivided tract, together with accurate distances and angles and the exact location of all existing and recorded streets intersecting the boundary of the tract;

      (2)   Angles or referenced bearings, (true north, grid north, magnetic north or assumed bearing) and distances to the nearest established street line or existing official monuments, which shall be accurately described on the plat;

      (3)   An accurate metes and bounds description of the tract;

      (4)   Street names;

      (5)   The length of all arcs and radii, central angles, internal angles, points of curvature and tangency, and the length of all tangents;

      (6)   All easements for rights-of-way for public services and utilities and any limitations on such easements;

      (7)   Lot numbers and dimensions;

      (8)   Street lines with accurate dimensions in feet and hundredths and with angles to street, alley and lot lines;

      (9)   Location, type, material and size of all monuments and lot markers;

      (10)   The accurate outline of all property offered for dedication for public use with the purpose indicated. All property that may be reserved by deed, covenant or restrictions for the common use of property owners of the subdivision;

      (11)   Building setback line locations and dimensions with regard to front, side and rear yards;

      (12)   Restrictions of all types which run with the land;

      (13)   Name of the subdivision;

      (14)   Name and address of the subdivider;

      (15)   North point, scale and date;

      (16)   Certification of title showing that the subdivider is the landowner;

      (17)   Certificate by a registered professional engineer or registered land surveyor;

      (18)   Certificate of dedicator of public lands;

      (19)   Certificate for approval by the City Plan Commission and Board of Public Works; and

      (20)   Other data: a notation stating total acreage, benchmarks and date of survey.

(Prior Code, § 154.60) (Ord. 1978-6, passed 4-4-1978)

   (A)   Perpetual drainage easements and protective covenants in form for recording, if required; and

   (B)   Other data, certificates, affidavits or documents as may be required by the Plan Commission in the enforcement of these regulations.

(Prior Code, § 154.61) (Ord. 1978-6, passed 4-4-1978)

   (A)   (1)   In the event that the Plan Commission has authorized the subdivider, pursuant to § 154.021 of this chapter, to submit a final plat in sections for final approval, the final plat requirements of § 154.095 of this chapter shall be complied with in full at the time the subdivider requests final approval of the first section.

      (2)   However, the final plat drawing shall clearly indicate and identify each section.

   (B)   In addition to the complete final plat plan described in division (A) above, such final plat drawing shall be accompanied by a separate drawing of the individual section for which final approval is sought and the drawing shall be in the same manner and form described in § 154.095 of this chapter and shall contain the same information required therein.

   (C)   (1)   After the first final plat section has been approved, when final approval of the remaining sections is desired, the subdivider shall file only a final plat for the section for which final approval is sought.

      (2)   It shall clearly identify the section and shall be drawn in the same manner and form described in § 154.095 of this chapter and shall contain the information required therein.

(Prior Code, § 154.62) (Ord. 1978-6, passed 4-4-1978)

   The subdivider shall install permanent reference monuments and lot and block monuments as required in § 154.143 of this chapter.

   (A)   A subdivision shall comply substantially with the master plan and the zoning ordinance of the city, with particular respect to street right-of-way, utility easements and public open space.

   (B)   A subdivision shall be designed so as to avoid casting an undue burden on the street system, storm drainage system or other municipal facilities, utilities and services on or adjacent to the tract.

   (C)   A proposed subdivision shall be designed so as to be coordinated with adjoining subdivisions with respect to alignment of streets and utility and drainage easement rights-of-way and reservation of open space.

   (D)   Subdivision design and layout shall give consideration to the preservation of wooded areas, streams, unusually attractive topography and other desirable natural landscaped features.

(Prior Code, § 154.90) (Ord. 1978-6, passed 4-4-1978)

   (A)   The width of the local streets shall be at least 30 feet and shall meet the standards of construction as prescribed herein.

   (B)   The minimum right-of-way width of streets shall be 60 feet.

   (C)   Alleys shall be discouraged in residential districts but should be included in commercial areas where needed for loading and unloading or access purposes and where platted shall have right-of-way of at least 20 feet in width.

   (D)   The centerlines of streets should intersect as nearly at right angles as possible.

   (E)   At intersections of streets and alleys, property line corners shall be rounded by arcs of at lease 25 feet of radii.

   (F)   At intersections of streets, the property line corners shall be rounded by arcs with radii of not less than 25 feet.

   (G)   The smaller angle or intersection of two streets shall not be less than 60 degrees.

   (H)   Intersections of more than two streets at one point shall be prohibited and intersections shall not be located closer than 200 feet from each other.

   (I)   Cul-de-sac streets may be permitted when they form a part of a logical design. They shall terminate in a circle with a minimum property line diameter of 120 feet, and a minimum pavement diameter of 90 feet or other open terminal area providing equivalent turning space. Any street over 1,000 feet in length, as measured to the center of the cul-de-sac, that terminates in a circle, shall have a minimum property line of 140 feet and a minimum pavement diameter of 110 feet or other open terminal area providing equivalent turning space. No parking allowed in the cul-de-sac. Greenspace may be permitted in the center of the cul-de-sac. The greenspace to be maintained by the developer or homeowner’s association.

   (J)   Where limited access or parkways or other special type of designed streets are involved, the Commission may apply special standards to be followed in their design.

   (K)   Visibility on curved streets may be maintained along the centerline as follows:

      (1)   Primary arterials: to be determined by the Commission, but generally not less than 400 feet;

      (2)   Secondary arterials: 300 feet;

      (3)   Collector streets: 250 feet; and

      (4)   Local streets: 200 feet.

   (L)   Curvature measured along the centerline shall have a minimum radius as follows:

      (1)   Primary arterialize: 1,000 feet;

      (2)   Secondary arterials: 800 feet;

      (3)   Collector streets: 600 feet; and

      (4)   Local streets: 500 feet.

   (M)   No residential driveways shall connect to existing collector streets.

(Prior Code, § 154.91) (Ord. 2000-05, passed 4-4-2000)

   Names of new streets shall not duplicate names of existing streets. New streets which are extensions of or in alignment with existing streets shall bear the names of such existing streets.

(Prior Code, § 154.92) (Ord. 1978-6, passed 4-4-1978)

   Where required, sidewalks, curbs and gutters shall be constructed according to current city standards and subject to the following general specifications.

   (A)   Sidewalks eight feet in width are required along all commercial streets.

   (B)   Sidewalks five feet in width are required on both sides of all residential streets. Sidewalks shall be constructed adjacent to the outer edge of the right-of- way.

   (C)   Sidewalks of a width acceptable to the Plan Commission shall also be required through the center of long blocks, to connect cul-de-sac streets and to provide access to school, park, playground and river areas.

   (D)   If approved by the Plan Commission, sidewalks may be eliminated on one or both sides of streets in subdivisions with lots larger than one acre or where the Plan Commission finds them impractical.

(Prior Code, § 154.93) (Ord. 1978-6, passed 4-4-1978; Ord. 2000-05, passed 4-4-2005)

   (A)   Blocks shall not exceed 1,320 feet in length unless unusual instances justify greater length.

   (B)   Blocks shall be of sufficient width to allow two tiers of lots of appropriate depth.

   (C)   (1)   In blocks of over 750 feet in length, the Commission may require at or near the middle of the block, a public walk connecting adjacent streets or other public areas.

      (2)   Such walks shall be at least five feet in width and shall be intended for the use of pedestrians only.

(Prior Code, § 154.94) (Ord. 1978-6, passed 4-4-1978)

   (A)   All lots shall abut on a street.

   (B)   Side lines generally shall be at right angles to straight street lines and radial to curved street lines.

   (C)   Lot dimensions and areas shall not be less than the minimum required by Ch. 150 of this code of ordinances for the district in which the subdivision is located.

   (D)   Where lots are to be used for commercial purposes, provisions shall be made in the subdivision for off-street parking as required by Ch. 150 of this code of ordinances.

(Prior Code, § 154.95)

   Where alleys are not provided, easements shall be provided for utilities. Such easements shall generally be located along rear or side lot lines, in which case a minimum width of 20 feet, ten feet on either side of the lot line shall be provided, or if such easement is within a lot, total minimum width of 20 feet shall be provided. Easements shall be laid out so that a proper continuity may be had for utilities from block to block.

(Prior Code, § 154.96) (Ord. 1978-6, passed 4-4-1978)

   Building setback lines shall conform to those established by Ch. 150 of this code of ordinances; except that, the Commission may approve greater setbacks.

(Prior Code, § 154.97) (Ord. 1978-6, passed 4-4-1978)

   (A)   Monuments shall be of bronze encased in concrete. The minimum monument shall be standard weight one-half inch nominal diameter pipe, 30 inches long, driven with the ground and surrounded on all sides by not less than five inches of concrete to a depth of not less than 12 inches. In soft, marsh ground and other unusual conditions or locations, the City Engineer may prescribe special monuments to be installed. The top of any pipe may be open or sheared but must be cut off perpendicular to its length and driven without being seriously deformed or battered on top. On all pipe monuments, the center of the pipe will be considered the center of the monument.

   (B)   Monuments shall be placed:

      (1)   So that the center of the monument coincides exactly with the intersection of the lot or property line at that point and shall be set so that the top of the monument is level with the surface of the surrounding ground;

      (2)   At the intersection of all angles in the boundary line of the survey;

      (3)   At the intersection of street property lines;

      (4)   At the beginning and ending of all curves where streets and alleys are so laid out; and

      (5)   At all angles in property lines of streets and alleys.

   (C)   The corners of all lots not marked by monuments shall be marked by galvanized or wrought iron pipe or iron or steel bars at least two feet in length and not less than one-half inch in diameter, the top of the pipe or bar to be set level with the surrounding ground.

   (D)   All monuments shall be subject to the inspection and approval of the City Engineer and shall be installed prior to recording of the final plat, or guaranteed by a bond as provided in § 154.020 of this chapter.

(Prior Code, § 154.98) (Ord. 1978-6, passed 4-4-1978)

   (A)   It is the policy of the city to cooperate with other government entities, subdividers or groups of residents to secure adequate recreational opportunities for the neighborhood and the city.

   (B)   The amount and location of land to be dedicated, or the fees to be paid, shall bear a reasonable relationship to the use of park and recreation facilities by the future inhabitants of the subdivision. They shall be based on population densities characteristic for the several types of current residential development as determined by the Plan Commission.

      (1)   Basic formula for parks and recreation:

         (a)   Single-family residences: 3.5 persons, 610 square feet per dwelling unit;

         (b)   Duplexes and town houses: 3.2 persons, 553 square feet per dwelling unit; and

         (c)   Multi-family apartments: 2.4 persons, 419 square feet per dwelling unit.

      (2)   The total acreage of park and recreation space needed to meet the standards set forth shall be the cumulative amount of square feet or acres determined for the respective number of dwelling units in each category which are included in the final subdivision plat filed with the Plan Commission for approval.

(Prior Code, § 154.99) (Ord. 1978-6, passed 4-4-1978)

   (A)   Amount of fee. 

      (1)   Where fees are required to be paid in lieu of land dedication, such fees shall be based on the current market value of land in that subdivision as determined by an appraisal acceptable to the Plan Commission or by agreement at the time of the preliminary plan approval.

      (2)   The amount of such fees shall be a sum equal to the fair market value of the amount of land which would otherwise be required for dedication according to the foregoing formula.

      (3)   In the case of a combination of fee payment and land dedication, the amount of fee shall represent a sum equal to the fair market value of that land portion which remains after the acreage of dedicated land is deducted from the total acreage requirement which has been determined by the Plan Commission.

   (B)   Content of appraisal. If the subdivider objects to the appraisal, he or she may, at his or her expense, obtain an appraisal of the property by a qualified real estate appraiser which may be accepted by the Plan Commission if found reasonable.

   (C)   Use of fees for smaller subdivisions.

      (1)   Dedication of land for park or recreational purposes may not be required in subdivisions containing 20 parcels or less, but payment of fees in lieu thereof may be required.

      (2)   Fees shall be applied to acquisition of park and recreational facilities in the city.

(Prior Code, § 154.100) (Ord. 1978-6, passed 4-4-1978)

   The park land, fees or combination thereof are to be used only for the purpose of providing park or recreational sites and facilities which serve present and future residents of the city.

(Prior Code, § 154.101) (Ord. 1978-6, passed 4-4-1978)

   The City Engineer, or other person designated by the Board of Public Works, shall make inspections of all improvements installed in any subdivision. In such regard, no water mains, sewer lines or other lines which shall be connected to any city water main, sewer line or other drain, shall be covered until such have been inspected as herein provided. The subdivider shall notify the City Engineer as hereinafter provided.

(Prior Code, § 154.110) (Ord. 1978-6, passed 4-4-1978)

   (A)   The subdivider shall notify the City Engineer upon completion of each stage of subdivision construction and he or she shall not proceed with further construction until he or she has received authorization from the City Engineer.

   (B)   Any required inspections shall be made by the City Engineer not later than one week following the notification.

(Prior Code, § 154.111) (Ord. 1978-6, passed 4-4-1978)

   In order to provide uniformity in the processing of subdivision plats, the following forms shall be used on final plats which will then be used for record plats.

   (A)   City Plan Commission approval.

 

 

   (B)   Board of Public Works and Safety approval.

 

 

   (C)   Registered engineer or surveyor’s certificate. Each final plat submitted to the Commission for approval shall carry a certificate signed by a registered engineer or registered land surveyor in substantially the following form:

 

 

   (D)   Certificate of dedication. Each final plat submitted to the Commission shall include a dedication form in substantially the following form:

 

 

(Prior Code, § 154.120) (Ord. 1978-6, passed 4-4-1978)

   A collector street serves internal traffic movement within an area of the city, such as a subdivision and connects this area with the major arterial system.

(Prior Code, § 154.140)

   (A)   Minimum requirements for road and street improvements shall be in accordance with applicable provisions of current Standard Specifications of the State Highway Commission, or as approved by the City Engineer.

   (B)   The following are specifications for the three major types of construction materials for both types of streets:

 

   (C)   (1)   All curb and gutter construction shall be in conformity and compliance with the specifications shown in the following drawing and specifications, and methods, materials and workmanship, including subgrade, shall conform to all other applicable provisions thereof and all other applicable provisions contained in the city code of ordinances not in conflict with any provision of this section. (Reinforcing bars shall be overlapped a minimum of eight inches.) Typical cross-section for combined concrete curb and gutter: six-inch curb back height with four-inch radium.

      (2)   All construction methods, materials and workmanship including subgrade shall conform to the city or the State Highway Standard Specifications.

(Prior Code, § 154.141) (Ord. 1978-6, passed 4-4-1978; Ord. 1979-2, passed 1-16-1979)

   It is unlawful for any person to offer to sell, to contract to sell or to sell any subdivision or any part thereof, until a final plat or record of survey has been duly recorded or filed in the office of the County Recorder in full compliance with the provisions of this chapter and the statutes of the state.

(Prior Code, § 154.150) (Ord. 1978-6, passed 4-4-1978) Penalty, see § 154.999

   (A)   Any person, firm or corporation owning any lands which have been sold in violation of the provisions of this chapter shall not be entitled to a building or improvement location permit for improvements erected on said lot, lots or lands as required by Ch. 150 of this code of ordinances.

   (B)   Any person, firm or corporation violating any of the provisions of this chapter upon conviction shall be fined in a sum not less than $10, nor more than $500.

(Prior Code, § 154.999) (Ord. 1978-6, passed 4-4-1978)