12-752.Same; plats; approval procedure; fees;
dedication of land for
public purposes; filing of plat; replatting required, when; issuance of
building and zoning permits; filing of plats.
(a) The owner or owners of any land located within an area governed by
regulations subdividing the same into lots and blocks or tracts or parcels, for
the purpose of laying out any subdivisions, suburban lots, building lots,
tracts or parcels or any owner of any land establishing any street, alley, park
or other property intended for public use or for the use of purchasers or
owners 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 of
land giving the location and dimensions thereof and the location and dimensions
of all streets, alleys, parks or other properties intended to be dedicated to
public use or for the use of purchasers or owners of lots, tracts or parcels of
land fronting thereon or adjacent thereto. All plats shall be verified by the
owner or owners thereof. All such plats shall be submitted to the planning
commission or to the joint committee for subdivision regulation.
(b) The planning commission or the joint committee shall determine if the
plat conforms to the provisions of the subdivision regulations. If such
determination is not made within 60 days after the first meeting of such
commission or committee following the date of the submission of the plat to the
secretary thereof, such plat shall be deemed to have been approved and a
certificate shall be issued by the secretary of the planning commission or
joint committee upon demand. If the planning commission or joint committee
finds that the plat does not conform to the requirements of the subdivision
regulations, the planning commission or joint committee shall notify the owner
or owners of such fact.
Such notice shall be in writing and shall specify in detail the reasons the
plat does not conform to the requirements of the subdivision regulations.
If the plat conforms to the requirements of such
regulations, there shall be endorsed thereon the fact that the plat has been
submitted to and approved by the planning commission or joint committee.
(c) The governing body shall accept or refuse the dedication of land for
public purposes within 30 days after the first meeting of the governing body
following the date of the submission of the plat to the clerk thereof. The
governing body may defer action for an additional 30 days for the purpose of
allowing for modifications to comply with the requirements established by the
governing body. No additional filing fees shall be assessed during that period.
If the governing body defers or refuses such dedication, it shall
notify the
owner or owners of the land and the
planning commission or joint committee of
such fact. Such
notice shall be in writing and if the deferral or refusal of the dedication of
land is based upon noncompliance with the requirements established by the
governing body, the notice shall specify in detail the nature of such
noncompliance.
(d) The governing body may establish a scale of reasonable fees to be paid
to the secretary of the planning commission or joint committee by the applicant
for approval for each plat filed with the planning commission or joint
committee.
(e) No building or zoning permit shall be issued for the use or construction
of any structure upon any lot, tract or parcel of land located within the area
governed by the subdivision regulations that has been subdivided, resubdivided
or replatted after the date of the adoption of such regulations by the
governing body or governing bodies but which has not been approved in the
manner provided by this act.
(f) Any regulations adopted by a governing body with reference to
subdividing lots shall provide for the issuance of building permits on
platted lots
divided into not more than two tracts without having to replat such lots. Such
regulations also may authorize and establish
conditions for the issuance of
building permits on lots divided into three or more tracts without having to
replat such lots. Such regulations shall provide that lots zoned for
industrial
purposes may be divided into two or more tracts without replatting such lot.
Such regulations shall contain a procedure for issuance of building or zoning
permits on divided lots which shall take into account the need for adequate
street rights-of-way, easements, improvement of public facilities, and zoning
regulations if in existence.
(g) The regulations shall provide for a procedure which specifies a time
limit within which action shall be taken, and shall further provide, where
applicable, for the final decision on the issuance of such building permit
to be made by the governing body, except as may be provided by law.
(h) The register of deeds shall not file any plat until such
plat shall bear the endorsement hereinbefore provided and the land dedicated
for 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.
12-752.Same; plats; approval procedure; fees;
dedication of land for
public purposes; filing of plat; replatting required, when; issuance of
building and zoning permits; filing of plats.
(a) The owner or owners of any land located within an area governed by
regulations subdividing the same into lots and blocks or tracts or parcels, for
the purpose of laying out any subdivisions, suburban lots, building lots,
tracts or parcels or any owner of any land establishing any street, alley, park
or other property intended for public use or for the use of purchasers or
owners 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 of
land giving the location and dimensions thereof and the location and dimensions
of all streets, alleys, parks or other properties intended to be dedicated to
public use or for the use of purchasers or owners of lots, tracts or parcels of
land fronting thereon or adjacent thereto. All plats shall be verified by the
owner or owners thereof. All such plats shall be submitted to the planning
commission or to the joint committee for subdivision regulation.
(b) The planning commission or the joint committee shall determine if the
plat conforms to the provisions of the subdivision regulations. If such
determination is not made within 60 days after the first meeting of such
commission or committee following the date of the submission of the plat to the
secretary thereof, such plat shall be deemed to have been approved and a
certificate shall be issued by the secretary of the planning commission or
joint committee upon demand. If the planning commission or joint committee
finds that the plat does not conform to the requirements of the subdivision
regulations, the planning commission or joint committee shall notify the owner
or owners of such fact.
Such notice shall be in writing and shall specify in detail the reasons the
plat does not conform to the requirements of the subdivision regulations.
If the plat conforms to the requirements of such
regulations, there shall be endorsed thereon the fact that the plat has been
submitted to and approved by the planning commission or joint committee.
(c) The governing body shall accept or refuse the dedication of land for
public purposes within 30 days after the first meeting of the governing body
following the date of the submission of the plat to the clerk thereof. The
governing body may defer action for an additional 30 days for the purpose of
allowing for modifications to comply with the requirements established by the
governing body. No additional filing fees shall be assessed during that period.
If the governing body defers or refuses such dedication, it shall
notify the
owner or owners of the land and the
planning commission or joint committee of
such fact. Such
notice shall be in writing and if the deferral or refusal of the dedication of
land is based upon noncompliance with the requirements established by the
governing body, the notice shall specify in detail the nature of such
noncompliance.
(d) The governing body may establish a scale of reasonable fees to be paid
to the secretary of the planning commission or joint committee by the applicant
for approval for each plat filed with the planning commission or joint
committee.
(e) No building or zoning permit shall be issued for the use or construction
of any structure upon any lot, tract or parcel of land located within the area
governed by the subdivision regulations that has been subdivided, resubdivided
or replatted after the date of the adoption of such regulations by the
governing body or governing bodies but which has not been approved in the
manner provided by this act.
(f) Any regulations adopted by a governing body with reference to
subdividing lots shall provide for the issuance of building permits on
platted lots
divided into not more than two tracts without having to replat such lots. Such
regulations also may authorize and establish
conditions for the issuance of
building permits on lots divided into three or more tracts without having to
replat such lots. Such regulations shall provide that lots zoned for
industrial
purposes may be divided into two or more tracts without replatting such lot.
Such regulations shall contain a procedure for issuance of building or zoning
permits on divided lots which shall take into account the need for adequate
street rights-of-way, easements, improvement of public facilities, and zoning
regulations if in existence.
(g) The regulations shall provide for a procedure which specifies a time
limit within which action shall be taken, and shall further provide, where
applicable, for the final decision on the issuance of such building permit
to be made by the governing body, except as may be provided by law.
(h) The register of deeds shall not file any plat until such
plat shall bear the endorsement hereinbefore provided and the land dedicated
for 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.
12-752.Same; plats; approval procedure; fees;
dedication of land for
public purposes; filing of plat; replatting required, when; issuance of
building and zoning permits; filing of plats.
(a) The owner or owners of any land located within an area governed by
regulations subdividing the same into lots and blocks or tracts or parcels, for
the purpose of laying out any subdivisions, suburban lots, building lots,
tracts or parcels or any owner of any land establishing any street, alley, park
or other property intended for public use or for the use of purchasers or
owners 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 of
land giving the location and dimensions thereof and the location and dimensions
of all streets, alleys, parks or other properties intended to be dedicated to
public use or for the use of purchasers or owners of lots, tracts or parcels of
land fronting thereon or adjacent thereto. All plats shall be verified by the
owner or owners thereof. All such plats shall be submitted to the planning
commission or to the joint committee for subdivision regulation.
(b) The planning commission or the joint committee shall determine if the
plat conforms to the provisions of the subdivision regulations. If such
determination is not made within 60 days after the first meeting of such
commission or committee following the date of the submission of the plat to the
secretary thereof, such plat shall be deemed to have been approved and a
certificate shall be issued by the secretary of the planning commission or
joint committee upon demand. If the planning commission or joint committee
finds that the plat does not conform to the requirements of the subdivision
regulations, the planning commission or joint committee shall notify the owner
or owners of such fact.
Such notice shall be in writing and shall specify in detail the reasons the
plat does not conform to the requirements of the subdivision regulations.
If the plat conforms to the requirements of such
regulations, there shall be endorsed thereon the fact that the plat has been
submitted to and approved by the planning commission or joint committee.
(c) The governing body shall accept or refuse the dedication of land for
public purposes within 30 days after the first meeting of the governing body
following the date of the submission of the plat to the clerk thereof. The
governing body may defer action for an additional 30 days for the purpose of
allowing for modifications to comply with the requirements established by the
governing body. No additional filing fees shall be assessed during that period.
If the governing body defers or refuses such dedication, it shall
notify the
owner or owners of the land and the
planning commission or joint committee of
such fact. Such
notice shall be in writing and if the deferral or refusal of the dedication of
land is based upon noncompliance with the requirements established by the
governing body, the notice shall specify in detail the nature of such
noncompliance.
(d) The governing body may establish a scale of reasonable fees to be paid
to the secretary of the planning commission or joint committee by the applicant
for approval for each plat filed with the planning commission or joint
committee.
(e) No building or zoning permit shall be issued for the use or construction
of any structure upon any lot, tract or parcel of land located within the area
governed by the subdivision regulations that has been subdivided, resubdivided
or replatted after the date of the adoption of such regulations by the
governing body or governing bodies but which has not been approved in the
manner provided by this act.
(f) Any regulations adopted by a governing body with reference to
subdividing lots shall provide for the issuance of building permits on
platted lots
divided into not more than two tracts without having to replat such lots. Such
regulations also may authorize and establish
conditions for the issuance of
building permits on lots divided into three or more tracts without having to
replat such lots. Such regulations shall provide that lots zoned for
industrial
purposes may be divided into two or more tracts without replatting such lot.
Such regulations shall contain a procedure for issuance of building or zoning
permits on divided lots which shall take into account the need for adequate
street rights-of-way, easements, improvement of public facilities, and zoning
regulations if in existence.
(g) The regulations shall provide for a procedure which specifies a time
limit within which action shall be taken, and shall further provide, where
applicable, for the final decision on the issuance of such building permit
to be made by the governing body, except as may be provided by law.
(h) The register of deeds shall not file any plat until such
plat shall bear the endorsement hereinbefore provided and the land dedicated
for 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.