APPENDIX D – SUBDIVISION REGULATIONSAPPENDIX D – SUBDIVISION REGULATIONS\Chapter 1.08 - PRELIMINARY PLAT

(a)   A preliminary plat of the proposed subdivision shall be prepared by the subdivider or his agent and submitted to the Planning Commission prior to preparation of a final plat for record. The Planning Commission shall satisfy itself that the proposed street pattern and land use will conform to the City Comprehensive Plan, and zoning ordinance and other local standards;

(b)   Ten (10) sealed and signed copies of the preliminary plat, and all supporting information, shall be submitted to the Planning Commission at least twenty (20) days before the meeting date at which consideration is requested.

(c)   The preliminary plat shall be drawn to a maximum scale of one inch to one hundred feet (1” = 100') and shall contain the following information:

(1)   The proposed name of the subdivision and the names of any adjacent subdivisions;

(2)   The boundary lines of the tract with approximate dimensions and any section lines in and around the project area;

(3)   The location, dimensions and alignment of existing and proposed streets, sidewalks, easements, utilities, landscaping and other information necessary to provide an accurate depiction of conditions at the property;

(4)   The layout and sizes of proposed lots and tracts;

(5)   The proposed use of land, whether for single family, multi-family, commercial, industrial, parks, schools, open spaces, etc.;

(6)   Topography of the area contained in, and immediately surrounding, the plat shown by two foot (2') contour intervals by a recent physical or aerial survey;

(7)   All platted or existing streets and property lines on land adjacent for a distance of not less than four hundred feet (400');

(8)   The names, addresses and phone numbers of the subdivider, the firm responsible for preparation of the plat, north arrow, scale, date of preparation and any revisions, and space for endorsement by the City Engineer and Chairman of the Planning Commission;

(9)   A legal description of the property;

(10) A vicinity map (1” = 1000' max.) showing the location of the property in relation to the city;

(11) The location of the 100-year floodplain or a note indicating that no part of the development is within the floodplain;

(12) The approximate grades of the proposed streets;

(13) All existing easements on, or adjacent to, the site;

(14) The location, size, material and elevation of any utilities that will, or may, be extended;

(15) All proposed building setback lines;

(16) The proposed lot and block numbers;

(17) Any streams, ponds, or other water features;

(18) A schedule of proposed lots to include the number of lots in each zoning classification, the size of each lot, the maximum, minimum and average lot sizes, the gross area of the site, and the area to be dedicated for public use;

(19) A benchmark on, or adjacent to the site, with a description and elevation;

(20) The limits of any proposed project phases;

(21) In addition to the information required above, each preliminary plat submittal shall include the following supplemental information:

       A digital copy of the plat drawn to state plane coordinates;

       A stormwater study that addresses detention requirements and the preliminary sizing of system elements;

       An affidavit of ownership demonstrating the authority of the developer to request the platting of the property;

       A cover letter with a brief summary of the project;

       A preliminary grading plan on a sheet separate from the preliminary plat;

       Any technical studies that may be applicable.  This may include traffic, noise, light, etc.;

       Letters and/or comments from the affected utility companies regarding their ability and willingness to serve the proposed development;

       An analysis of the expected demand of the development on the water and wastewater systems;

The following schedule of fees is hereby adopted and shall be paid by all persons submitting preliminary plats for approval by the Planning Commission:

(a)   Base fee two hundred fifty dollars ($250.00), plus: five dollars ($5.00) per lot.

(b)   The minimum total fee shall be three hundred dollars ($300.00). This fee shall be paid at the time the preliminary plat is submitted and shall apply to the filing of the preliminary plat and the final plat, provided that the final plat includes the same area to be subdivided as the preliminary plat. If the final plat is submitted in segments, then the above fee schedule shall again apply to all submittals except the first.

Review costs shall be paid by all persons, partnerships or corporations at the time of submittal of the preliminary, which include all labor, payroll and administrative overhead, and any other applicable expenses.  The minimum review cost shall be as follows:

NUMBER OF LOTS IN SUBDIVISION                FEE

10 or fewer                                                           $100.00

11 to 50                                                                 $100.00 plus $5.00 for each lot over 10

51 or more                                                            $350.00 plus $3.00 for each lot over 50

Cost over and above the foregoing shall be paid in full at the approval or denial as an integral part thereof.

Actual cost of project observation shall be paid for by all persons or corporations submitting plats or development plans for approval by the Planning Commission, which shall include all labor, payroll and administrative overheads, transportation and expenses. A minimum cost (to be paid after approval of improvements and prior to construction thereof) shall be 5% of project construction cost. Reasonable estimated project construction cost shall be submitted by the developer in sufficient detail to provide for evaluation by the city and to establish initial payment. Project  observation cost shall be adjusted at the completion of the project to reflect actual final project construction cost.

(a)   The Planning Commission shall approve or deny the preliminary plat as submitted or may approve the plat as submitted subject to specified changes.  Any motion to deny or approve with conditions shall include the reasons for denial or the conditions of approval, as appropriate.

(b)   Conditional approval shall not constitute a final acceptance of the plat, but authorizes preparation of the final plat. No grading for streets or construction of improvements shall take place in the subdivision prior to approval, endorsement, and recording of the final plat and the submittal to and approval of all infrastructure and improvement plans by the City Engineer or authorized representative.

(c)   The preliminary plat shall be approved for a one-year period or upon the approval of a final plat for the same parcel of land or any part thereof. If a final plat is not approved for a portion or all of the land covered under the preliminary plat within one year, the preliminary plat shall be ruled null and void.  The Planning Commission may, upon written request by the developer, extend the approval by an additional one-year period provided the request is submitted for consideration at a regularly scheduled meeting prior to the end of the initial one-year period. 

(a)   Lot Split: Objective

(1)   The objective of this Article is to provide for the division of:

A.    An unplatted tract or platted lot of record as of November 1, 1999, that has not been divided since November 1, 1999, or

B.    A lot within a subdivision that has been platted since November l' 1999, but that has not been subsequently divided into not more than two lots or tracts without having to comply with the Preliminary and Final Plat requirements

(2)   Above lot splits shall be subject to the guidelines established in Lot Split: Application and any further divisions of the lot or tract shall be platted in compliance with the requirements of Preliminary and Final Plats.

(b)   Lot Split: Definition

       An existing lot may be divided by a lot split into not more than two parts which singularly or combined with an adjoining lot results in two lots which meet the minimum size and area requirements of the zoning district in which the lots are located. The new lots cannot, thereafter, be further subdivided without replatting

(c)   Lot Split Application

(1)   A written application for a lot split shall be made to the Planning Department. Each application shall be submitted with 3 copies of a plot plan, certified by a licensed land surveyor or engineer, at a scale of 1 inch equals 40 feet and contain the following information:

A. Location of the existing lot within the subdivision (if any) as related to the nearest existing streets:

B. Location of existing easements and utilities:

C. Dimensions of the divided portions:

D. Location and width of accessways, existing and proposed;

E. Dimensions of all existing structures and their locations with respect to the existing lot lines:

F. Signature of the owner(s): A certificate that all taxes and special assessments due and payable have been paid. In the case of unpaid special assessments, a proposed redistribution of such unpaid special assessments which meets the City's requirements and is acceptable to the City Clerk.

(d)   Lot Split: Planning Department Review

(1)   Upon receipt of the application, the Planning Department shall review it for compliance with these regulations. If the application and the plot plan comply with all applicable regulation, the lot split shall be approved by the Planning Department and shall bear the signature of the Planning Director. The applicant shall file the approved lot split with the Franklin County Registrar of Deeds. A copy of the filed request must be returned to the City Clerk, which will make and distribute additional copies to the Building Inspector, Planning Department, City Superintendent, and Franklin County Zoning Administrator.

(2)   The Planning Director shall, in writing either approve, with or without, conditions, or disapprove the lot split within 15 days after determination that the application is complete. The Planning Director shall determine whether or not an application is complete and shall not determine that an application is complete until all application requirements have been met by the applicant and until the Planning Director has been provided with a copy of any recorded right-of-way dedication.

(e)   Lot Split: Requirements

(1) The division of lots pursuant to this chapter shall comply with the Comprehensive Plans, any major street and road plans, applicable zoning laws, these regulations and all other applicable regulations. No lot split shall be approved if:

A. A new street or alley is needed or proposed;

B. There is less street or road right-of-way than required by this chapter;

C. An easement requirement has not been satisfied;

D. The lot split will result in a tract without direct access to a street or road;

E. The lot split would result in a lot, which due to location of flood plain, bodies of water, excessive slope, or other natural constraints, would not contain adequate buildable area for its intended use;

F A lot or parcel of substandard size will be created, except where a lot split will result in the substandard-sized portion being recombined with an adjoining standard-sized, platted lot, and where this recombination is duly filed and recorded with the Franklin County Register of Deeds; or.

G. The lotfsplit will result in a substantial increase in service requirements (utilities, school, traffic control, street, etc.) and will constitute a significant deviation from the criteria upon which ratification of any original plat was granted.

(f)   Lot Split: Exception

(1) A duplex dwelling may be split into two lots if the original lot is a minimum of 80 feet wide and 115 feet deep. In the case of nonrectangular lots, the width shall be measured at the front building line. The following items shall be additionally required for such a split:

A. File a lot split application with the Planning Department;

(If the lot split does not follow the definition of a lot split a replat application has to filed)

B. Lot and structures must meet all district regulations;

C. Require performance standards for exterior maintenance; and

D. Limit accessory structures to not cover more than 6 percent of total lot or 375 sqft per duplex lot split.

(2) Any duplex dwelling which has been previously split into two lots and the structure is destroyed shall be allowed to replace the structure on the split lots which would otherwise be 100 small as individual lots. All setback requirements between the split lots shall be waived and a similar structure shall be allowed to be rebuilt to replace the destroyed structure, even if the split lots are owned separately. All other zoning regulation and set back requirements will be enforced, including but not limited to the set back requirements of adjacent lots. If an individual lot owner does not want to replace a similar duplex structure on split lots and attempts to build a different type of structure, all setback requirements shall be enforced, including those between the split lots.

(g)   Lot Split: Building Permit , No building permit shall be issued for any site, which contains a division of a platted lot of record, unless such division has been approved in the manner provided in this chapter.

(h)   Lot Split: Appeal

Appeals of a Planning Department decision may be made to the Board of Zoning Appeals.