CHAPTER 152:
Subdivisions
Section
General Provisions
152.02 Applicability; bond required
152.04 Compliance with comprehensive plan map
152.06 Required improvements; minimum standards
152.07 Character of development
Procedures for Plat Approval
152.21 Preliminary plat; review and approval
Appendix Table of required design and improvement standards
GENERAL PROVISIONS
152.01 POLICY.
It is the policy of the city to encourage logical and orderly growth for the city. The development of open lands within the city shall be in accordance with the provisions of this chapter.
(’81 Code, § 25.01)
152.02 APPLICABILITY; BOND REQUIRED.
(A) Before any plat, plan, subdivision or re-subdivision of land inside the city is filed with the City Clerk, it shall be approved by the City Council in conformity with this chapter. No transfer of land in the nature of a subdivision as herein defined regard-less of the means by which the land is described shall be exempt from the provisions of this chapter. The filing of any document covered within this chapter without meeting the required provisions shall be deemed a violation of the provisions of this chapter.
(B) Prior to final approval of any plat covered by this chapter by the City Council, the Plat Officer shall make an estimate of the probable costs required to complete the required improvements included in the final plat. Each person seeking Council approval of a plat shall post with the City Clerk at the time the plat is filed a good and sufficient bond in the amount approved by the Council after recommendation by the Plat Officer to insure the completion of the required improvements. The form of the surety shall be approved by the City Attorney, and approved by ordinance by the City Council. In the case of staged projects, sureties may be provided in accordance with a plan approved by the Council provided that no portion of any development shall be filed with the City Clerk unless totally covered by approved surety in the full amount required for that portion being filed.
(’81 Code, § 25.02)
152.03 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CITY ATTORNEY. The City Attorney.
CITY COUNCIL. The City Council.
CITY ENGINEER. The City Engineer.
COUNTY HEALTH DEPARTMENT. The Health Department of the county.
COUNTY HEALTH ORDINANCE. The adopted Health Ordinance of the county.
PLAT COMMITTEE. The Council members composed of Chairman of Street and Alley Committee, Chairman of Water and Sewer Committee, one additional Alderman appointed by the Mayor, City Engineer, City Attorney, and with the Mayor serving as an advisory member but having no voting rights.
PLAT OFFICER. The City Engineer or other person so designated by the City Council.
SUBDIVISION. The division of any lot, tract, or parcel of land into two or more parts, lots or tracts for the purpose, whether immediate or future, of sale, division of ownership or development. This definition includes the resubdivision of previously recorded lands and lots. Division of land for agricultural purposes and where no building construction is involved, in parcels of five acres or more, shall not be included in this definition, unless such SUBDIVISION includes the development of a new road or access easement.
SUBDIVISION STANDARDS. Those specifications for subdivision designs and improvements contained in the Appendix at the end of the chapter.
(’81 Code, § 25.03)
152.04 COMPLIANCE WITH COMPREHENSIVE PLAN MAP.
All new subdivisions shall be in conformance with the comprehensive plan map of the city after its adoption.
(’81 Code, § 25.05(a))
152.05 DESIGN STANDARDS.
(A) Subdivision design and improvement standards. Standards for the design and improvement of subdivisions attached hereto and hereby adopted and all new subdivisions shall conform with these standards except as they may be hereinafter. (’81 Code, § 25.05(b))
(B) Streets.
(1) Streets shall align with existing street systems and in conformance with comprehensive plan map after its adoption.
(2) Through traffic on non-major streets shall be discouraged by design and all intersections shall be 90° plus or minus 10°.
(3) Street jogs with centerline off sets of less than 100 feet shall be avoided.
(4) A 100 foot tangent will be required between all reverse curves.
(C) Easements.
(1) Utility easements shall be required for all subdivisions as directed by the Plat Officer after consultation with the City Engineer.
(2) Existing surface drainage shall be maintained through easements, drainage right-of-ways, and/or designed diversions approved by the City Engineer.
(D) Lots.
(1) Each lot in an subdivision shall have satisfactory access to a public street.
(2) Side lot lines shall be substantially at right angles or to street lines.
(’81 Code, § 25.06)
Penalty, see § 10.99
152.06 REQUIRED IMPROVEMENTS; MINIMUM STANDARDS.
(A) General.
(1) When a preliminary plat of a subdivision has been approved by the Plat Committee, the developer may submit to the Plat Officer plans and specifications for all improvements included in the subdivision. The Plat Officer shall within 30 days of the receipt of the plans and specifications, approve the same if they conform to the requirements of this chapter, or disapprove giving him reasons in writing to the subdivider. Thereafter when the subdivider has met the objections if any, the Plat Officer shall sign the plans and specifications and deliver same to the subdivider.
(2) Before beginning any construction of the improvements outlined in this section on proposed roadways or public utilities pertaining to any subdivision coming under the provisions of this chapter, five complete sets of plans and specifications of such construction, in the form of plats, sketches, or other satisfactory written descriptions shall be filed with the Plat Officer. These shall show such features as road-ways, cross-sections and longitudinal slope for drainage, full description of proposed pavement or street improvement, its grade and slope, dimensions and specifications concerning public utilities to be installed showing proposed position on the ground, specifications of materials and construction, and profile maps of all sanitary and storm sewers showing both ground surface and flow line, and any other pertinent information of similar nature.
(3) Improvements shall be installed within all of the area of any subdivision or portion thereof given final approval and filed for record.
(4) All improvements shall be designed and constructed in conformity with the provisions of this chapter and no construction shall be commenced until this chapter is so complied with.
(B) Minimum Standards.
(1) Permanent markers. Corners and monuments shall be of three-quarter inch iron pipe or five-eights inch iron rod and shall meet the following standards:
(a) Lot corner shall be 24 to 30 inches long with the top set flush with the ground installed on all such corners.
(b) Block corners shall be 24 to 30 inches long with the top set flush with ground and shall be installed on all such corners and on the beginning and end of all curves within each block.
(c) Reference points shall be 24 to 30 inches long placed one foot below the surface on the finished ground elevation at suitable locations throughout the subdivision. There shall be at least as many reference points as there are blocks in the subdivision but not less than two and the distance between successive monuments along any street or reference line shall not be greater than 1,000 feet. Reference point shall be other than and in addition to markers set for block or lot corners.
(2) Roadway. Roadway grading, pavement and curbs and gutters and other required highway appurtenances shall be in conformance with State Motor Fuel Tax Standards for municipal construction.
(3) Sidewalks. Sidewalks if required shall be four inch concrete over a six inch aggregate base with wire fabric reinforcement per city specifications.
(4) Street signs and street lights. Street signs and street lights shall be installed in accordance with city requirements.
(5) Water lines.
(a) Where an approved public water supply is reasonably accessible or procurable, each lot within the subdivided area shall be provided with access to such water supply. The layout shall be designed to form a loop system. No main shall be smaller than six inches and the minimum size for service lines shall be four inches, except that two inch stubs may be extended to serve a maximum of three lots.
(b) Each lot within a subdivision shall be marked with access to the city water supply. The layout shall be in conformance with the City Water Department specifications and be approved by the City Engineer.
(6) Sanitary sewers.
(a) All subdivisions coming under the provisions and having reasonable access to the city sanitary sewer shall provide each lot within the subdivision with access to the sanitary sewer. The design and construction of the sanitary sewer shall be approved by the City Engineer and meet city requirements.
(b) When any subdivision is planned that is not reasonable accessible to a public sanitary sewer, the use of individual sewage treatment systems or a central sewage treatment plant to serve the subdivision must be proposed. The system proposed shall meet the requirements of either the County Health Department or the State EPA depending upon jurisdiction for the type of system proposed. If individual systems are proposed pursuant to County Health Department requirements, the location of the system and appurtenances and any alternative locations shall be shown on the final plat. If a central system is proposed the financing, operation and maintenance shall be approved by the City Council.
(’81 Code, § 25.07) Penalty, see § 10.99
152.07 CHARACTER OF DEVELOPMENT.
(A) The Council shall confer with the subdivider regarding the type and character of development that will be permitted in the subdivision and may agree with the subdivider as to certain minimum restrictions to be placed upon the property to prevent the construction of substandard buildings and control the type of structures, or the use of the lots, which, unless so controlled, would clearly depreciate the character and value of the proposed subdivision and adjoining property.
(B) Subdivision shall fit into and take advantage of natural features of the topography. Existing trees shall be carefully preserved add no tree with a trunk of more than four inches in diameter that is not within a roadway or within an area to be occupied by a building may be removed without a permit issued by the Plat Officer.
(C) Where a subdivision contains parks, common space, ornamental areas or other improvements or facilities which cannot or may not be properly maintained or operated by a public agency, the subdivision restrictions shall include trusteeships and assessment arrangements providing for operation and maintenance and the financing thereof by the property owners within the subdivision.
(’81 Code, § 25.08)
152.08 VARIANCES.
Whenever the tract to be subdivided is of such unusual size or shape or is surrounded by such development or unusual conditions that the strict application of the requirements contained in these regulations would result in real difficulties or substantial hardship or injustice, the City Council, after report by the Plat Committee, may vary or modify such requirements so that the subdivider may develop his property in a reasonable manner, but so that, at the same time, the public welfare and interests of the county are protected and the general intent and spirit of these regulations preserved.
(’81 Code, § 25.09)
PROCEDURES FOR PLAT APPROVAL
152.20 PRELIMINARY CONFERENCE.
Prior to the submission of the preliminary plat, the subdivider shall confer with the Plat Officer to discuss the proposed subdivision to insure its conformity with city plans and procedures, the relation to existing facilities and to insure subdivider is aware of the procedure to be followed in obtaining approval.
(’81 Code, § 25.04(a))
152.21 PRELIMINARY PLAT; REVIEW AND APPROVAL.
Upon completion of the preliminary conference, any person subdividing lands as herein defined shall prepare or have prepared and submit to the Plat Officer a preliminary plat of the proposed subdivision. Such preliminary plat shall conform to and include as a minimum the following:
(A) Copies of plats.
(1) Four copies of a preliminary plat drawn to 100 feet to the inch or larger showing the following:
(a) The overall tract and its internal division with dimensions.
(b) Location sketch or attached location map with sufficient detail to insure the tract can be related easily to existing properties and landmarks.
(c) The locations and ROW widths of any streets, alleys and utility easements. The preliminary plat should include the ultimate development plan even though the subdivider may decide to stage the actual development. Existing facilities including streets and public utilities shall be shown on all sides of proposed subdivision for a distance designated by the Plat Officer but not less than 500 feet.
(d) General surface water drainage plan for both surface and subsurface drainage for the final development plans.
(e) Existing and proposed zoning for the subdivision and the adjoining area as defined in subsection (1)(c) of this division.
(f) The name of the proposed division, its owner(s), north arrow, scale, date and the engineer or surveyor if known.
(g) Typical roadway cross section with street construction details.
(h) Contours of not more than five foot intervals and/or profiles of proposed streets and alleys may be required by the Plat Committee.
(i) The subdivider shall attach specifications of proposed water and sewer facilities.
(2) If the proposed subdivision is to be developed without either city water or sewer or is not to be annexed and is adjacent to either a township, county or state highway, either five or six copies shall be submitted as determined by the Plat Officer.
(B) Upon receipt of the preliminary plat and supporting documents, the Plat Officer shall review the submittal for completeness and accuracy and upon determining that the submittal is complete shall submit copies to the Plat Committee, the County Health Department, if either water or sewer are not to be city facilities and to the proper highway authority if proposed public roads are to be developed and not city maintained or the subdivision is adjacent to an existing public roadway not under city jurisdiction. The Plat Committee shall consider the proposed plat at its next scheduled meeting providing no approval can be given until comments are received from the County Health Department and Highway Authority if because of nature of subdivision, these agencies are involved. Conditional approval may be granted to a preliminary plat subject to prescribed written conditions but shall be deemed disapproved until such time as the conditions are met. If disapproval is given, the Plat Committee shall furnish the subdivider written reasons for such disapproval. The Plat Committee shall consider the negative response of the County Health Department for those plats for which city, water or sewer is not provided as sufficient reason to disapprove a preliminary plat. The Plat Committee may consider a negative response from the Highway Authority as sufficient reason for disapproval.
(C) When a preliminary plat has been approved by the Plat Committee, the subdivider may proceed with the final plat or plats for all or sections of the area covered by the preliminary plat. The preliminary plat shall be considered to be valid for six months after its approval for final plats covering the entire area and two years for those portions not included in a final plat for a portion of the preliminary plat area filed within six months of initial approval. The Plat Committee upon receipt of a written request may in its discretion, extend such period of validity.
(’81 Code, § 25.04(b))
152.22 FINAL PLAT.
(A) Upon approval of the preliminary plat the subdivider may proceed with the preparation of the final plat.
(B) The final plat shall be submitted to the Plat Officer and shall contain the following information: The original and four copies of the final plat at a scale of one inch equal to 100 feet or larger on a material meeting the approval of the Plat Officer. The plat shall include the following:
(1) The title or name by which the subdivision is to be identified, north point, the scale of the map, and the name of the state registered professional engineer or state licensed or registered land surveyor responsible.
(2) A definite legal description and identification of the tract being subdivided. This description shall be sufficient for the requirements of title examination. The plat shall be a descriptive diagram drawn to scale, and shall show by reference that the subdivision is a particular portion or part of a previously filed plat or recognized grant or partition, which diagram and description shall show as being included in the subdivision, at least all of the smallest unit of the last filed subdivision, plat, or grant, out of which the instant subdivision is divided, or so much thereof as is owned by the subdivider.
(3) The boundaries of the subdivided property, the location or designation of all streets, alleys, parks, and other areas intended to be dedicated or deeded to the public use with proper dimensions. The boundaries of the subdivision shall be indicated by a heavy line and shall be tied by dimension to the established centerline of all existing boundary streets.
(4) The location of all adjacent streets and alleys, with their names and the names of adjoining subdivisions with exact location and designation by number of lots and blocks.
(5) All lot, block and street boundary lines, with blocks and lots numbered or lettered consecutively. Building lines and easements shall be shown and shall be defined by dimension. The actual width of all streets shall be shown, measured at right angles, or radially, where curved. All principal lines shall have the bearing and any deviations from the norm shall be indicated.
(6) Accurate dimensions, both linear and angular, of all items on the plat; the boundary survey on the site shall close within one in 10,000. Linear dimensions shall be expressed in feet and decimals of a foot; angular dimensions may be shown by bearings. Curved boundaries shall be fully described and all essential information given; circular curves shall be defined by actual length of radius and not by degree of curve. Complete dimensional data shall be given on fractional lots.
(7) The location and description of all lot and block corners and permanent survey reference monuments.
(8) A certificate of ownership in fee of all land embraced in the subdivision, and of the authenticity of the plat and dedication signed and acknowledged by all owners of any interest in the land. The acknowledgement shall be in the form required in the conveyance of real estate. Approval and acceptance of all lien holders shall be included.
(9) A certificate by the responsible surveyor or engineer in charge, duly authenticated, that the plat is true and correct and in accordance with a determination of surveys actually made on the ground.
(10) A copy of the final restrictive covenants to govern the nature of the use of the property in the subdivision shall be submitted.
(’81 Code, § 25.04(c))
APPENDIX. REQUIRED SUBDIVISION DESIGN AND IMPROVEMENT STANDARDS.
|
Descriptions |
Low-Density Residential Area— Over 20,000 sq. ft. per Dwelling Unit |
Medium-Density Residential Area— 6,000 to 20,000 sq. ft. per Dwelling Unit |
High-Density Residential Area— Less than 6,000 sq. ft. per Dwelling Unit |
Commercial and Industrial Areas |
|
|---|---|---|---|---|---|
|
For rights-of-way |
|
|
|
|
|
|
|
Right-of-way width (ft.) minor streets |
50 |
50 |
50 |
66 |
|
|
Alley width if provided (ft.) |
20 |
20 |
24 |
24 |
|
|
Easements— total (ft.) |
10 |
10 |
10 |
10 |
|
|
Maximum block length (ft.) |
1,500 |
1,000 |
1,000 |
N.A. |
|
|
Minimum block length (ft.) |
500 |
500 |
400 |
N.A. |
|
|
Maximum cul-de-sac length (ft.) |
1,500 |
1,000 |
750 |
None |
|
|
Minimum cul-de-sac radius (ft.) |
40 |
50 |
50 |
None |
|
For improvements |
|
|
|
|
|
|
|
Pavement width (ft.) back to back of curb |
22 |
28 |
36 |
36 |
|
|
Maximum grade (percent) |
10 |
8 |
6 |
4 |
|
|
Minimum grade (percent) |
0.5 |
0.5 |
0.5 |
0.5 |
|
|
Minimum sight distance (ft.) |
150 |
150 |
150 |
200 |
|
|
Sidewalk width (ft.) |
0 |
4 |
5 |
10 |
|
|
Sidewalk distance from curb (ft.) |
— |
6 |
6 |
0 or 6 |
|
|
Curb and gutter required |
No |
Yes |
Yes |
Yes |
|
|
Public water required |
Yes |
Yes |
Yes |
Yes |
|
|
Public sanitary sewer required |
No |
Yes |
Yes |
Yes |
|
|
Storm drainage required |
Yes |
Yes |
Yes |
Yes |
|
For lots |
|
|
|
|
|
|
|
Minimum building line (ft.) |
35 |
30 |
25 |
25 |
|
|
Minimum lot width at building line (ft.) |
80 |
60 |
50 |
N.A. |
|
|
Minimum lot depth (ft.) |
135 |
100 |
100 |
N.A. |
|
|
Minimum lot depth (ft.) |
three times width |
three times width |
three times width |
N.A. |
|
|
Minimum average lot width for corner lots (ft.) |
85 |
85 |
85 |
N.A. |
|
|
Rights-of-way radius on corner lots (ft.) |
20 |
20 |
30 |
30 |
(’81 Code, § 25.05(b) Exhibit B)