12-752.   Same; plats; approval procedure; fees;dedication of land forpublic purposes; filing of plat; replatting required, when; issuance ofbuilding and zoning permits; filing of plats.(a) The owner or owners of any land located within an area governed byregulations subdividing the same into lots and blocks or tracts or parcels, forthe purpose of laying out any subdivisions, suburban lots, building lots,tracts or parcels or any owner of any land establishing any street, alley, parkor other property intended for public use or for the use of purchasers orowners of lots, tracts or parcels of land fronting thereon or adjacent thereto,shall have a plat drawn as may be required by the subdivision regulations.Such plat shall accurately describe the subdivision, lots, tracts or parcels ofland giving the location and dimensions thereof and the location and dimensionsof all streets, alleys, parks or other properties intended to be dedicated topublic use or for the use of purchasers or owners of lots, tracts or parcels ofland fronting thereon or adjacent thereto. All plats shall be verified by theowner or owners thereof. All such plats shall be submitted to the planningcommission or to the joint committee for subdivision regulation.

      (b)   The planning commission or the joint committee shall determine if theplat conforms to the provisions of the subdivision regulations. If suchdetermination is not made within 60 days after the first meeting of suchcommission or committee following the date of the submission of the plat to thesecretary thereof, such plat shall be deemed to have been approved and acertificate shall be issued by the secretary of the planning commission orjoint committee upon demand. If the planning commission or joint committeefinds that the plat does not conform to the requirements of the subdivisionregulations, the planning commission or joint committee shall notify the owneror owners of such fact.Such notice shall be in writing and shall specify in detail the reasons theplat does not conform to the requirements of the subdivision regulations.If the plat conforms to the requirements of suchregulations, there shall be endorsed thereon the fact that the plat has beensubmitted to and approved by the planning commission or joint committee.

      (c)   The governing body shall accept or refuse the dedication of land forpublic purposes within 30 days after the first meeting of the governing bodyfollowing the date of the submission of the plat to the clerk thereof. Thegoverning body may defer action for an additional 30 days for the purpose ofallowing for modifications to comply with the requirements established by thegoverning body. No additional filing fees shall be assessed during that period.If the governing body defers or refuses such dedication, it shallnotify theowner or owners of the land and theplanning commission or joint committee ofsuch fact. Suchnotice shall be in writing and if the deferral or refusal of the dedication ofland is based upon noncompliance with the requirements established by thegoverning body, the notice shall specify in detail the nature of suchnoncompliance.

      (d)   The governing body may establish a scale of reasonable fees to be paidto the secretary of the planning commission or joint committee by the applicantfor approval for each plat filed with the planning commission or jointcommittee.

      (e)   No building or zoning permit shall be issued for the use or constructionof any structure upon any lot, tract or parcel of land located within the areagoverned by the subdivision regulations that has been subdivided, resubdividedor replatted after the date of the adoption of such regulations by thegoverning body or governing bodies but which has not been approved in themanner provided by this act.

      (f)   Any regulations adopted by a governing body with reference tosubdividing lots shall provide for the issuance of building permits onplatted lotsdivided into not more than two tracts without having to replat such lots. Suchregulations also may authorize and establishconditions for the issuance ofbuilding permits on lots divided into three or more tracts without having toreplat such lots. Such regulations shall provide that lots zoned forindustrialpurposes may be divided into two or more tracts without replatting such lot.Such regulations shall contain a procedure for issuance of building or zoningpermits on divided lots which shall take into account the need for adequatestreet rights-of-way, easements, improvement of public facilities, and zoningregulations if in existence.

      (g)   The regulations shall provide for a procedure which specifies a timelimit within which action shall be taken, and shall further provide, whereapplicable, for the final decision on the issuance of such building permitto be made by the governing body, except as may be provided by law.

      (h)   The register of deeds shall not file any plat until suchplat shall bear the endorsement hereinbefore provided and the land dedicatedfor public purposes has been accepted by the governing body.

      History:   L. 1991, ch. 56, § 12;L. 1997, ch. 147, § 5;L. 2006, ch. 98, § 1; July 1.