§ 400-1.28. Subdivisions.  


Latest version.
  • A. 
    Purpose. The provision of adequate data concerning on- and off-site land use, environmental conditions, utility requirements, traffic impact, and the adequacy of streets, stormwater management, parks, fire, police, emergency services, libraries, public sewer and water facilities is vital to ensure the continued health, safety and welfare of the City's residents. The City may require the submission of key planning and engineering information and may require the submission of project-specific reports or studies, such as an environmental impact report or a traffic impact study.
    B. 
    Applicability. The owner of a tract of land located within the City who divides the tract in two (2) or more parts to lay out a subdivision of the tract, including an addition to a municipality, to develop buildings or lots, or to lay out streets, alleys, squares, parks, or other parts of the tract intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to the streets, alleys, squares, parks, or other parts, must have a plat of the subdivision prepared. A division of a tract under this Subsection includes a division regardless of whether it is made by using a metes and bounds description in a deed of conveyance or in a contract for a deed, by using a contract of sale or other executory contract to convey, or by using any other method. The division of a tract of land for any of the purposes specified herein does not require a transfer of title of all or part of the tract.
    C. 
    Subdivision Approval, Generally.
    1. 
    Pre-Application Conference and Concept Plan (Optional) — Submitted to the Zoning Administrator for review and comment;
    2. 
    Preliminary Plat — Submitted to the Zoning Administrator for action by the Planning and Zoning Commission and the Board of Aldermen; and
    3. 
    Final Plat — Submitted to the Zoning Administrator for action by the Planning and Zoning Commission and the Board of Aldermen.
    D. 
    Assurance For Completion Of Public Improvements.
    1. 
    A Final Plat shall not be accepted until the required public improvements have been completed and accepted and a maintenance bond has been furnished.
    2. 
    In lieu of completing the required improvements, the City may accept a financial assurance in the form of a bond, letter of credit, or other such assurance approved by the City Attorney. Any such assurance shall be in an amount estimated by the City as sufficient to secure to the City the satisfactory construction, installation and dedication of the incomplete portion of required improvements.
    3. 
    After the completion of the public improvements as required by these regulations in acceptable manner, and as a guarantee that all public improvements have been done in a satisfactory manner, the subdivider shall provide a maintenance bond to the City in the amount of fifty percent (50%) of the total estimated cost of the required improvements as determined by the Zoning Administrator. The maintenance bond shall be required for two (2) years following the City's issuance of a Certificate of Final Acceptance. The bond shall be filed with the City Clerk in an amount acceptable to the Zoning Administrator and in such form as accepted by the City Attorney. Approval of the bond form and submittal of the as-built drawings are minimum prerequisites to the issuance of a Certificate of Final Acceptance.
Ord. No. 985, 7-5-2018