1972.12.18 ORD 1972-110 - Laserfiche WebLink

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902. Public Sites and Open Spaces. 902.01. Consideration of the Public Property. The subdivider shall consult with the planning commission, at the time his sketch plan is under consideration, to secure their recommendation as to the location of any property that should be dedicated to the public, such as parks, playgrounds or other public property. The plan shall show the location and dimensions of all areas to be dedicated in this manner. 902.02. Public Sites to be Reserved. Where a pro- posed drainage way, park, playground, school site or other public site, as shown on the Comprehensive Development Plan, is embraced in part or in whole by the boundary of a proposed subdivision and such public sites are not dedi- cated, such sites shall be reserved and no action taken towards approval of a plan or plat for a period not to exceed ninety (90) days to allow the proper governmental agency the opportunity to consider and take actions towards acquisition of such public ground or park by purchase or other methods. 902.03. In all new subdivisions a minimum of seven percent (7%) of the gross area subdivided shall be dedicated for public recreation space or other public use. The dedicated percent of the gross area subdivided shall be in addition to property dedicated for streets, alleys, ease- ments, or other public ways. No areas may be dedicated for public use until such areas have been approved by the governing body as suitable and necessary for the public health, safety, convenience, and general welfare. When the subdivision is too small for practical dedication of public land or if no land in the subdivision is suitable for such use, the subdivider may be required to pay a fee of fifty dollars ($50.00) per lot created or a fee equal to ten percent (10%) of the market value of the land prior to subdivision, which ever is larger. The market value of the land shall be determined by utilization of tax assessment records. Lots created in any manner that are larger than five (5) acres and three hundred (300) feet in width may be subject to the above requirements if in the opinion of the governing body the lots will not be resubdivided. 903. Complete Neighborhoods. 903.01. Upon receiving a report from the planning commission, the governing body may grant a variance from the provisions of these regulations in the case of a subdivision large enough to constitute a more or less self-contained neighborhood, provided that the community receives adequate safeguards to insure development accord- ing to a plan submitted by the subdivider. Said plan shall not be in conflict with the Comprehensive Development Plan and shall in the opinion of the governing body be a desirable community development and shall provide ade- quate public open space and any improvements necessary for the circulation, recreation, light, air and service needs of the tract when fully developed and populated. 904. Planned Unit Developments. 904.01. Upon receiving a report from the planning commission, the governing body may grant a variance from the provisions of these regulations in the case of a planned unit development, as defined in the Zoning Ordinance, 13 provided that the council shall find that the proposed development is fully consistent with the purpose and intent of these regulations. This provision is intended to provide the necessary flexibility for new land planning and land development trends and techniques. 905. Minor Subdivisions. 905.01. In the case of a subdivision resulting in three (3) or less parcels, situated in a locality where conditions are well defined, the governing body may exempt the subdivider from complying with some of the requirements of these regulations. In the case of a request to subdivide a lot which is a part of a recorded plat, or where the subdivision is to permit the adding of a parcel of land to an abutting lot or to create not more than three (3) new lots, and the newly created property lines will not cause any resulting lot to be in violation of these regulations or the Zoning Ordinance, the division may be approved by the governing body, after submission of a survey by a registered land surveyor showing the original lot and the proposed subdivision. 906. Resubdivision. 906.01. In the case of a request to divide a lot which is a part of a recorded plat where the division is to permit the adding of a parcel of land to an abutting lot or to create two lots and the newly created property line will not cause the other remaining portion of the lot to be in violation with this regulation or the Zoning Ordinance, the division may be approved by the governing body after submission of a survey by a registered land surveyor showing the original lot and the proposed subdivision. 907. Land Division. 907.01. In any case where the division of land into two or more lots or parcels for the purpose of transfer of ownership or building improvement is not specifically provided for in the provision of these regulations, a description of such land division shall be filed with the clerk. No building permit shall be issued for any construc- tion, enlargement, alteration, or repair, demolition or moving of any building or structure on any lot or parcel resulting from such division, until such division has been approved by the governing body. Prior to the consideration of such division by the governing body, they shall require that a certified survey be submitted. 908. Registered Land Surveys. 908.01. All Registered Land Surveys shall be filed subject to the same procedure as required for the filing of a plan for platting purposes. The standards and requirements set forth in these regulations shall apply to all Registered Land Surveys. Unless the governing body shall approve, a Registered Land Survey shall not be used to divide a parcel of land into lots for the purpose of transfer of ownership or building development, if any of the tracts do not have the required frontage on a dedicated public street. 909. Metes and Bounds. 909.01. Conveyances by metes and bounds shall be prohibited where the lot or lots involved are less than five (5) acres in area or have a width of less than three hundred (300) feet at the building setback line.