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DIVISION 1. - GENERALLY#
Sec. 20-85. - Amended plats.#
Amended plats must be filed. When major changes in a plat of subdivision which has been recorded are made, approval of said subdivision shall be vacated and an amended plat thereof approved and filed in accordance with the requirements of this chapter.
(Ord. No. 96-02, § 13-4, 3-18-1996)
Secs. 20-86—20-113. - Reserved.#
DIVISION 2. - PLANS#
Sec. 20-114. - Subdivision plans required.#
Whoever, being the owner or agent of the owner of any land in a subdivision, except for land located in a recorded subdivision, transfers or sells any lots or lands without first preparing a final subdivision plat, and having such plat approved by the city planning commission and by the town council, and recorded in the office of the county recorder, shall be guilty of a misdemeanor, for each lot so transferred or sold. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from such penalties; provided, however, that in subdivisions of less than ten lots, land may be sold by metes and bounds without the necessity of recording a final plat, if all of the following conditions are met: (1)
The subdivision layout shall have first been approved in writing by the planning commission.
(2)
The subdivision is not traversed by the mapped lines of a proposed street as shown on the master plan of the town and does not require the dedication of any land for streets or other public purposes.
(3)
Each lot in the subdivision meets the frontage, width and area requirements of the zoning ordinance.
(Ord. No. 96-02, § 3, 3-18-1996)
Sec. 20-115. - Procedure for obtaining approval of a subdivision which does not require the submission of a final plat (less than ten lots).#
The procedure for obtaining approval of a subdivision with less than ten lots, which does not require the submission of a final plat, is as follows: (1)
Discuss proposed subdivision with town council. Any person wishing to subdivide within the town shall secure from the town council information pertaining to the town's plan of streets, parks, draining, zoning, subdivision of lands, and other master plan requirements affecting the land to be subdivided.
(2)
Vicinity plan. The subdivider shall then prepare a vicinity plan of a scale of not smaller than one inch equals 500 feet and shall submit three copies of the same to the town council. The vicinity plan shall show:
a.
The location of the subdivision;
b.
The general layout of streets, blocks and lots within the area to be subdivided;
c.
The relationship of the proposed streets within the subdivision to existing and planned streets within one-half mile from the outside boundaries of the subdivision; and
d.
The payment of a filing fee in the amount of $100.00, and $25.00 per lot.
(3)
Planning commission approval. The planning commission shall review and shall approve or disapprove the layout of the subdivision, or approve it subject to change or alteration.
(4)
Preliminary plan; engineering drawings. Upon approval of the vicinity plan by the planning commission, the subdivider shall prepare and submit the following information and material to the planning commission.
a.
Three copies of a preliminary plan of the subdivision.
b.
Three copies of engineering drawings showing typical cross sections of streets, location and size of both on-site and off-site water and sewer mains, street profiles, and contours.
(5)
Planning commission approval of preliminary plan.
a.
The planning commission shall review and shall approve or disapprove the preliminary plan, or approve it with modifications within 30 days from the date of the submission of the preliminary plan.
b.
Action of the planning commission shall be retained in the files of the town council, and one copy of the plan shall be returned to the subdivider. If disapproved, the planning commission shall express its reasons therefor.
(6)
Town council approval. The town council shall check the preliminary plan for accuracy of the lot boundaries and shall determine the amount of bond or other performance guarantee which shall be based upon an estimate of the cost of installing the required improvements.
(7)
Performance bond submitted to town. After approval of the preliminary plan by the planning commission, the subdivider shall post a bond or their assurances with the city, guaranteeing that the required improvements will be installed and paid for without cost to the city. Should the subdivider be allowed additional time to install improvements, the same shall be installed within 120 days after notice by the town to do so.
(8)
As-constructed plan. After the improvements have been installed, and prior to the final inspection and release of the bond, as herein provided, as-constructed plans shall be prepared and submitted to the town council, showing the location and details of design of all public facilities installed by the developer.
(9)
Future development of land. Where a subdivider owns or controls more land that he wishes to develop immediately, the planning commission may require that preliminary plan of the whole area, or significant part thereof, be submitted, in which case the subdivider shall indicate on the preliminary plan the portion to be developed for immediate improvement and the portion to be held for future development. Whenever approval for immediate development has been obtained on any part of a preliminary plan, approval of the remaining part of said preliminary plan shall remain in effect for a period of two years.
(Ord. No. 96-02, § 4, 3-18-1996)
Secs. 20-116—20-143. - Reserved.#
DIVISION 3. - PLATS#
Sec. 20-144. - Additional procedures for subdivisions over ten lots.#
Additional procedures for subdivisions over ten lots are as follows: (1)
Filing fee. The payment of a filing fee shall be in the amount of $100.00, and $25.00 per lot.
(2)
Final plat. After the preliminary plan has been approved, the subdivider shall prepare and submit two tracings of the final plat of the subdivision to the town council, together with all accompanying documents, as required by these regulations. One of the tracings may be a process duplicate when approved by the town council.
(3)
Planning commission approval of the final plat. After the final plat has been approved by the town council, it shall be submitted to the planning commission for its approval or disapproval.
(4)
Title report/title insurance. A preliminary title report or copy of a title insurance policy indicating ownership of the property and final plat shall be presented to the town council together with a copy of the performance bond by the subdivider for review regarding ownership of the property, zoning requirements, and sufficiency of bond documents.
(5)
Final plat must be approved by town council and recorded.
a.
The final plat must be approved or disapproved by the town council within 30 days. Upon approval of the final plat by the town council, the subdivider shall submit one copy of the final plat tracing to the county recorder. All final plats must be recorded in the office of the county recorder not less than 30 days from the date of approval of the final plat by the town council.
b.
A final plat of any subdivision which is not recorded within 30 days from the date of approval of the town council shall be null and void unless a longer period of time is approved by the town council.
c.
Approval of the final plat by the planning commission shall not be deemed as acceptance of the dedication of any street, public way or ground. Such acceptance must be obtained from the town council.
(Ord. No. 96-02, § 5, 3-18-1996)