12-749.Same; subdivision regulations; adoption and amendment; notice and
hearing.
(a) Following adoption of a comprehensive plan, a city planning commission may
adopt and amend regulations governing the subdivision of land. A city planning
commission shall apply subdivision regulations to all land located within the
city and may apply such regulations to land outside of but within three miles
of the nearest point of the city limits provided such land is within the same
county in which the city is located and does not extend more than 1/2 the
distance between such city and another city which has adopted regulations under
this section. A county planning commission may establish subdivision
regulations for all or for parts of the unincorporated areas of the county.
(b) Subdivision regulations may include, but not be limited to,
provisions for:
(1) Efficient and orderly location of streets; (2) reduction of vehicular
congestion; (3) reservation or dedication of land for open spaces; (4) off-site
and on-site public improvements; (5) recreational facilities which may include,
but are not limited to, the dedication of land area for park purposes; (6)
flood protection; (7) building lines; (8) compatibility of design; (9)
stormwater runoff, including consideration of historic and anticipated
100-year rain and snowfall precipitation records and patterns; and (10) any
other services, facilities and improvements deemed appropriate.
(c) Subdivision regulations may provide for administrative
changes to land
elevations designated on a plat. Such regulations may provide for plat
approval conditional upon conformance with the comprehensive plan. Such
regulations may provide for the payment of a fee in lieu of dedication of land.
Such regulations may provide that in lieu of the completion of any work or
improvements prior to the final approval of the plat, the governing body may
accept a corporate surety bond, cashier's check, escrow account, letter of
credit or other like security in an amount to be fixed by the governing body
and conditioned upon the actual completion of such work or improvements within
a specified period, in accordance with such regulations, and the governing body
may enforce such bond by all equitable remedies.
(d) Before adopting or amending any subdivision regulations, the
planning
commission shall call and hold a hearing on such regulations or amendments
thereto. Notice of such hearing shall be published at least once in the
official city newspaper in the case of a city or in the official county
newspaper in the case of a county. Such notice shall be published at least 20
days prior to the hearing. Such notice shall fix the time and place for such
hearing and shall describe such proposal in general terms. In the case of a
joint committee on subdivision regulations, such notice shall be published in
the official city and official county newspapers. The hearing may be adjourned
from time to time and at the conclusion of the same, the planning commission
shall prepare its recommendations and by an affirmative vote of a majority of
the entire membership of the commission adopt the same in the form of proposed
subdivision regulations and shall submit the same, together with the written
summary of the hearing thereon, to the governing body. The governing body
either may: (1) Approve such recommendations by ordinance in a city or
resolution in a county; (2) override the planning commission's recommendations
by a 2/3 majority vote; or (3) may return the same to the planning commission
for further consideration, together with a statement specifying the basis for
the governing body's failure to approve or disapprove. If the governing body
returns the planning commission's recommendations, the planning commission,
after considering the same, may resubmit its original recommendations giving
the reasons therefor or submit new and amended recommendations. Upon the
receipt of such recommendations, the governing body, by a simple majority
thereof, may adopt or may revise or amend and adopt such recommendations by the
respective ordinance or resolution, or it need take no further action thereon.
If the planning commission fails to deliver its recommendations to the
governing body following the planning commission's next regular meeting after
receipt of the governing body's report, the governing body shall consider such
course of inaction on the part of the planning commission as a resubmission of
the original recommendations and proceed accordingly. The proposed
subdivision regulations and any amendments thereto shall become effective upon
publication of the respective adopting ordinance or resolution.
History: L. 1991, ch. 56, § 9;
L. 1997, ch. 72, § 2; July 1.
12-749.Same; subdivision regulations; adoption and amendment; notice and
hearing.
(a) Following adoption of a comprehensive plan, a city planning commission may
adopt and amend regulations governing the subdivision of land. A city planning
commission shall apply subdivision regulations to all land located within the
city and may apply such regulations to land outside of but within three miles
of the nearest point of the city limits provided such land is within the same
county in which the city is located and does not extend more than 1/2 the
distance between such city and another city which has adopted regulations under
this section. A county planning commission may establish subdivision
regulations for all or for parts of the unincorporated areas of the county.
(b) Subdivision regulations may include, but not be limited to,
provisions for:
(1) Efficient and orderly location of streets; (2) reduction of vehicular
congestion; (3) reservation or dedication of land for open spaces; (4) off-site
and on-site public improvements; (5) recreational facilities which may include,
but are not limited to, the dedication of land area for park purposes; (6)
flood protection; (7) building lines; (8) compatibility of design; (9)
stormwater runoff, including consideration of historic and anticipated
100-year rain and snowfall precipitation records and patterns; and (10) any
other services, facilities and improvements deemed appropriate.
(c) Subdivision regulations may provide for administrative
changes to land
elevations designated on a plat. Such regulations may provide for plat
approval conditional upon conformance with the comprehensive plan. Such
regulations may provide for the payment of a fee in lieu of dedication of land.
Such regulations may provide that in lieu of the completion of any work or
improvements prior to the final approval of the plat, the governing body may
accept a corporate surety bond, cashier's check, escrow account, letter of
credit or other like security in an amount to be fixed by the governing body
and conditioned upon the actual completion of such work or improvements within
a specified period, in accordance with such regulations, and the governing body
may enforce such bond by all equitable remedies.
(d) Before adopting or amending any subdivision regulations, the
planning
commission shall call and hold a hearing on such regulations or amendments
thereto. Notice of such hearing shall be published at least once in the
official city newspaper in the case of a city or in the official county
newspaper in the case of a county. Such notice shall be published at least 20
days prior to the hearing. Such notice shall fix the time and place for such
hearing and shall describe such proposal in general terms. In the case of a
joint committee on subdivision regulations, such notice shall be published in
the official city and official county newspapers. The hearing may be adjourned
from time to time and at the conclusion of the same, the planning commission
shall prepare its recommendations and by an affirmative vote of a majority of
the entire membership of the commission adopt the same in the form of proposed
subdivision regulations and shall submit the same, together with the written
summary of the hearing thereon, to the governing body. The governing body
either may: (1) Approve such recommendations by ordinance in a city or
resolution in a county; (2) override the planning commission's recommendations
by a 2/3 majority vote; or (3) may return the same to the planning commission
for further consideration, together with a statement specifying the basis for
the governing body's failure to approve or disapprove. If the governing body
returns the planning commission's recommendations, the planning commission,
after considering the same, may resubmit its original recommendations giving
the reasons therefor or submit new and amended recommendations. Upon the
receipt of such recommendations, the governing body, by a simple majority
thereof, may adopt or may revise or amend and adopt such recommendations by the
respective ordinance or resolution, or it need take no further action thereon.
If the planning commission fails to deliver its recommendations to the
governing body following the planning commission's next regular meeting after
receipt of the governing body's report, the governing body shall consider such
course of inaction on the part of the planning commission as a resubmission of
the original recommendations and proceed accordingly. The proposed
subdivision regulations and any amendments thereto shall become effective upon
publication of the respective adopting ordinance or resolution.
History: L. 1991, ch. 56, § 9;
L. 1997, ch. 72, § 2; July 1.
12-749.Same; subdivision regulations; adoption and amendment; notice and
hearing.
(a) Following adoption of a comprehensive plan, a city planning commission may
adopt and amend regulations governing the subdivision of land. A city planning
commission shall apply subdivision regulations to all land located within the
city and may apply such regulations to land outside of but within three miles
of the nearest point of the city limits provided such land is within the same
county in which the city is located and does not extend more than 1/2 the
distance between such city and another city which has adopted regulations under
this section. A county planning commission may establish subdivision
regulations for all or for parts of the unincorporated areas of the county.
(b) Subdivision regulations may include, but not be limited to,
provisions for:
(1) Efficient and orderly location of streets; (2) reduction of vehicular
congestion; (3) reservation or dedication of land for open spaces; (4) off-site
and on-site public improvements; (5) recreational facilities which may include,
but are not limited to, the dedication of land area for park purposes; (6)
flood protection; (7) building lines; (8) compatibility of design; (9)
stormwater runoff, including consideration of historic and anticipated
100-year rain and snowfall precipitation records and patterns; and (10) any
other services, facilities and improvements deemed appropriate.
(c) Subdivision regulations may provide for administrative
changes to land
elevations designated on a plat. Such regulations may provide for plat
approval conditional upon conformance with the comprehensive plan. Such
regulations may provide for the payment of a fee in lieu of dedication of land.
Such regulations may provide that in lieu of the completion of any work or
improvements prior to the final approval of the plat, the governing body may
accept a corporate surety bond, cashier's check, escrow account, letter of
credit or other like security in an amount to be fixed by the governing body
and conditioned upon the actual completion of such work or improvements within
a specified period, in accordance with such regulations, and the governing body
may enforce such bond by all equitable remedies.
(d) Before adopting or amending any subdivision regulations, the
planning
commission shall call and hold a hearing on such regulations or amendments
thereto. Notice of such hearing shall be published at least once in the
official city newspaper in the case of a city or in the official county
newspaper in the case of a county. Such notice shall be published at least 20
days prior to the hearing. Such notice shall fix the time and place for such
hearing and shall describe such proposal in general terms. In the case of a
joint committee on subdivision regulations, such notice shall be published in
the official city and official county newspapers. The hearing may be adjourned
from time to time and at the conclusion of the same, the planning commission
shall prepare its recommendations and by an affirmative vote of a majority of
the entire membership of the commission adopt the same in the form of proposed
subdivision regulations and shall submit the same, together with the written
summary of the hearing thereon, to the governing body. The governing body
either may: (1) Approve such recommendations by ordinance in a city or
resolution in a county; (2) override the planning commission's recommendations
by a 2/3 majority vote; or (3) may return the same to the planning commission
for further consideration, together with a statement specifying the basis for
the governing body's failure to approve or disapprove. If the governing body
returns the planning commission's recommendations, the planning commission,
after considering the same, may resubmit its original recommendations giving
the reasons therefor or submit new and amended recommendations. Upon the
receipt of such recommendations, the governing body, by a simple majority
thereof, may adopt or may revise or amend and adopt such recommendations by the
respective ordinance or resolution, or it need take no further action thereon.
If the planning commission fails to deliver its recommendations to the
governing body following the planning commission's next regular meeting after
receipt of the governing body's report, the governing body shall consider such
course of inaction on the part of the planning commission as a resubmission of
the original recommendations and proceed accordingly. The proposed
subdivision regulations and any amendments thereto shall become effective upon
publication of the respective adopting ordinance or resolution.
History: L. 1991, ch. 56, § 9;
L. 1997, ch. 72, § 2; July 1.