1. A.
   Minor Subdivision
2. B.
   Preliminary Plat
3. C.
   Construction Plans
4. D.
   Final Plat
5. E.
   Subdivision Regulation Amendment
6. F.
   Plat of Survey

1. A.
   Subdivision applications for an individual property may be initiated by:

   1. 1.
      The owner of the subject property;
   2. 2.
      An agent authorized by the owner of the property that is the subject of the application, which may include a lessee of the property. Evidence of such authorization shall be the signature of the property owner; or
   3. 3.
      If the property subject to an application is under more than one (1) ownership, all owners or their authorized agents shall join in filing the application.
2. B.
   The City Council may initiate amendments to this Ordinance. If the subject of the amendment is a specific site or project, the City Council may initiate amendments with or without application from the owner.

1. A.
   Each application for an approval, or for an amendment of an approval, shall include all application materials required to be submitted with the application.
2. B.
   A fee shall be submitted for each application as established by resolution of the City Council in the City’s fee schedule.
3. C.
   No application shall be deemed complete for processing until any required fee has been paid.
4. D.
   Application fees are not refundable, except where the Zoning Administrator has determined that an application was accepted in error or when the fee paid exceeded the amount due, in which case the overpayment shall be refunded to the applicant.
5. E.
   Prior to filing an application, applicants shall reach out to neighboring properties to discuss the proposed project. A summary of the communication efforts undertaken shall be submitted with the application in accordance with the good neighbor communication requirements specified in Section 190.01 Common Procedures & Requirements.

In making its decision, the City may determine that technical assistance is needed. The City may request technical assistance from any of the firms with which it contracts. The applicant shall be responsible for the actual costs of such assistance. Actual costs shall be paid by the applicant for building/development application expenses which the City incurs in regard to the review and processing of that application. Such fees shall become due immediately upon notification by the City. The City may withhold any final action on a development application until all fees are paid in full.

1. A.
   Depending on the subdivision request proposed, multiple applications may be required.
2. B.
   City Staff shall determine the order of application review based on the City Code and state requirements. Where possible, applications will be reviewed in tandem.

Applications for a waiver from subdivision regulation requirements, as listed in this Ordinance, shall be reviewed by the City Council using the procedure identified in Subsection 199.02.3 City Council Review Process.

1. A.
   Applicants may request a petition for extension to extend the deadline for recording a subdivision approval.
2. B.
   The petition for extension shall be requested in writing and filed with the Zoning Administrator at least 30 days before the expiration of the original subdivision approval.

   1. 1.
      The request for extension shall state facts showing a good faith attempt to complete the work permitted in the land use approval.
3. C.
   The first petition for extension may be for up to one (1) year after the original expiration of the subdivision approval and may be administratively approved by the Zoning Administrator. After the initial one (1) year extension, any future extensions must be reviewed and granted by the City Council.

1. A.
   Any request for withdrawal of an application shall be submitted in writing to the Zoning Administrator.
2. B.
   In all cases where the applicant has requested withdrawal of an application, the associated fee paid and any costs incurred by the City in the processing of an application shall not be refunded.

1. A.
   Auditor’s Plats

   Whenever the Polk County Auditor requests an Auditor’s plat, all provisions of this Subdivision Ordinance shall apply to such Auditor’s plat. In situations where requirements for a new plat are not applicable to an Auditor’s Plat, the Zoning Administrator will determine those requirements that must be adhered to provided there is on file with the Clerk a copy of the request for such plat by the Polk County Auditor and a letter from said Auditor stating that the plat as submitted meets the requirements for which the Auditor has ordered the plat.

2. B.
   Minor Property Transfer

   Any parcel of land to be transferred from one owner to another adjacent owner that does not constitute a subdivision as defined under Section 195.03 shall be platted as a plat of survey. The proposed division for transfer shall not result in or encourage development that is inconsistent with adjacent development and neighborhood character. If it is determined the plat of survey conforms to all other provisions of this chapter, the City Administrator shall indicate approval with a signature on the plat of survey within 10 days of submittal. The plat of survey shall be recorded with Polk County within 30 days of the City Administrator’s signature or it will become null and void.

1. A.
   Applicability

   This review process applies to the following application:

   1. 1.
      Preliminary Plat
2. B.
   Minor Subdivision Review

   1. 1.
      Submittal

      Any application which adheres to the Planning and Zoning Commission and City Council review process as established herein shall be filed pursuant to Subsection 199.01.3 Application Materials and Fees.

   2. 2.
      Review

      1. a.
         Application Distributed. The Zoning Administrator shall review the application and plans and refer them to City Staff and other applicable agencies for review.
      2. b.
         The Planning and Zoning Commission shall review the application and recommend approval, conditional approval, or denial of the request and shall transmit the application along with its recommendations to the City Council.
      3. c.
         The applicant, or a representative thereof, should appear before the City Council in order to answer questions concerning the request.
      4. d.
         The Planning and Zoning Commission may hold the matter in abeyance if there is inadequate information.
   3. 3.
      Decision

      1. a.
         Following receipt of the Planning and Zoning Commission’s recommendation, the City Council shall review the application and approve, approve conditionally, or deny the amendment application by majority vote.
      2. b.
         The City Council shall state, in writing, its findings for approval or denial.
      3. c.
         Following the decision by the City Council, the Zoning Administrator shall notify the applicant of the Council’s action and reasons thereof.

1. A.
   Applicability

   This review process applies to the following applications:

   1. 1.
      Construction Plans
   2. 2.
      Final Plat
2. B.
   Review Process

   1. 1.
      Submittal

      Any application which adheres to the City Council review process as established herein shall be filed pursuant to Subsection 199.01.3 Application Materials and Fees.

   2. 2.
      Review

      1. a.
         Application Distributed. The Zoning Administrator shall review the application and plans and refer them to City Staff and other applicable agencies for review.
      2. b.
         The City Council shall review the subdivision request. The applicant, or a representative thereof, should appear before the City Council in order to answer questions concerning the request.
   3. 3.
      Decision

      1. a.
         Following review, the City Council shall approve, approve with conditions, or deny the request by majority vote.
      2. b.
         The City Council may hold the matter in abeyance if there is inadequate information.
      3. c.
         The City Council may attach any conditions to the granting of a request as it deems necessary to preserve the intent and purpose of this Ordinance and promote public health, safety, morals, and the general welfare.
      4. d.
         The City Council shall state, in writing, its findings for approval or denial as well as any conditions of approval.
      5. e.
         Following the decision by the City Council, the Zoning Administrator shall notify the applicant of the Council’s action and reasons thereof.

1. A.
   Applicability

   A proposed subdivision may qualify for review as a minor subdivision if the following criteria are met:

   1. 1.
      No public street extension and only minor or no public improvements are required to serve any new lot created.
   2. 2.
      No more than four (4) lots are created by the minor subdivision.
   3. 3.
      Where it is determined that the proposed division of land is in conformance with the adopted Comprehensive Plan, the requirements of this Ordinance, and other policies and ordinances of the City.
2. B.
   A meeting between City Staff and the applicant and/or property owner to discuss the project is required prior to the submittal of an application for minor subdivision.

   1. 1.
      Zoning Administrator shall make a finding that the above criteria are applicable.
   2. 2.
      The Zoning Administrator shall also determine what information must be contained on the preliminary and final plats submitted, if different from the information required for a normal subdivision application.
3. C.
   Applications for a minor subdivision shall be reviewed by the City Council using the procedure identified in Subsection 199.02.3 City Council Review Process.

1. A.
   Applicability. A preliminary plat application shall be submitted to the City when any of the following apply:

   1. 1.
      The applicant is proposing to create three (3) or more lots as part of a subdivision or repeated subdivision;
   2. 2.
      The applicant is proposing to establish or dedicate a public street.
2. B.
   A meeting between City Staff and the applicant and/or property owner to discuss the feasibility and design of the proposed project is recommended prior to the submittal of an application for preliminary plat.
3. C.
   Applications for a preliminary plat shall be reviewed by the City Council using the procedure identified in Subsection 199.02.2 Planning and Zoning Commission and City Council Review Process.

   1. 1.
      Upon submission of an application, the Zoning Administrator may notify adjacent property owners and invite them to obtain information and make comments regarding the proposed platting.
   2. 2.
      The Planning and Zoning Commission shall make a recommendation to approve, conditionally approve, or reject such plat within 45 days after the date of receipt of the application, unless the applicant agrees to extend such deadline.
   3. 3.
      The City Council shall approve, approve with conditions, or deny the preliminary plat by majority vote within 60 days after the date of receipt of the application, unless the applicant agrees to extend such deadline.
4. D.
   An approved preliminary plat may be amended using the review procedure identified in Section 199.04 Planning and Zoning Commission and City Council Review Process.
5. E.
   Expiration of Approval

   1. 1.
      The approval of the preliminary plat shall be null and void unless the final plat is presented to the Council within two (2) years of the date of approval of the preliminary plat by the Council.
   2. 2.
      If the Council gives final plat approval to any integral part of a preliminary plat, the remainder will automatically be extended for a period of one (1) year without the granting of an extension. The preliminary plat is null and void after five (5) years from the original approval of the preliminary plat.

1. A.
   Applications for construction plan review shall be reviewed by the City Council using the procedure identified in Section 199.02.3 City Council Review Process. Construction plans shall not be approved prior to preliminary plat approval.
2. B.
   Construction plans shall be developed in accordance with the approved preliminary plat, this Ordinance, and the City’s adopted standards and specifications.
3. C.
   Construction inspections shall be performed throughout the construction of improvements as specified in the City’s Standards and Specifications. The subdivider shall reimburse the City for inspections performed.

1. A.
   Applicability

   1. 1.
      Only that part of the preliminary plat that is proposed by the subdivider for recording at any one time must be submitted in final form.
   2. 2.
      The final plat may reflect the entire plat or an integral unit thereof.
2. B.
   Review

   1. 1.
      Applications for final plat shall be reviewed by the City Council using the procedure identified in Subsection 199.02.3 City Council Review Process.
   2. 2.
      The final plat shall conform to the preliminary plat approval and to this Code of Ordinances and the required public improvements shall be completed or assurance provided for their completion.
   3. 3.
      The City Council shall approve, conditionally approve, or reject such plat within 60 days after the date of receipt of the application unless the applicant agrees to extend the deadline.
   4. 4.
      The Council shall not consider a final plat until receipt from the subdivider of a title opinion, tax certificate, easements, deeds, lender’s certificates, performance and maintenance bonds, payment of applicable fees and other information to the satisfaction of the City Attorney and Zoning Administrator. 
   5. 5.
      The Clerk shall seal the approved final plat.
3. C.
   Recording

   1. 1.
      The Resolution approving a final plat shall be recorded with the plat.
   2. 2.
      The subdivider shall be responsible for the recordation of the final plat and associated documentation with the Polk County Recorder’s Office.
4. D.
   Approval of the final plat by the Council shall be null and void if the plat is not recorded within 30 days after the date of approval.
5. E.
   Acceptance of Public Improvements

   1. 1.
      Approval of the final plat by the City does not constitute final acceptance by the City of any improvements to be constructed, unless specifically stated in the resolution approving the final plat.
   2. 2.
      Improvements will be accepted only after their construction has been completed and inspected by appropriate City personnel certifying the improvements have been completed in conformance with standards and specifications and all other requirements of the City.
   3. 3.
      The Council may accept all streets, utilities, alleys, easements, parks or other areas reserved for or dedicated to the public. Upon completion of the improvements as required in this Ordinance and upon receipt of utility service locations (if applicable) the Council may accept the improvements by resolution, at which time the City will assume maintenance of the improvements.

1. A.
   Applicability

   Any regulation or provision of this Chapter may be changed and amended from time to time by the City Council.

2. B.
   Proposed amendments to the Subdivision Ordinance shall be reviewed by the Planning and Zoning Commission and City Council using the procedure identified in Subsection 199.02.2 Planning and Zoning Commission and City Council Review Process.