§ 35.16.17. Conveyance Plat.  


Latest version.
  • A.

    Purpose.

    A Conveyance Plat may be used solely for the purpose of subdividing land and the recording of same, or recording a single existing lot or parcel created by other means. A Conveyance Plat may be used to convey the property or interests therein; however, a Conveyance Plat does not constitute approval for development of the property. A Conveyance Plat is an interim step in the subdivision of land and shall contain a notation that indicates that no development is intended.

    B.

    Applicability.

    A Conveyance Plat may be used in lieu of a Final Plat to record the subdivision of property, provided that no portion of the development is intended for immediate development.

    C.

    Filing.

    No Final Plat processed and approved in association with a Conveyance Plat shall be filed without the concurrent filing of the associated approved Conveyance Plat.

    35.16.17.1. Effect of Approval.

    A.

    Conveyance Plat approval and acceptance by the City does not relieve the owner from obligations, including fees, required by other sections of this or any other Chapter of the City Code pertaining to the improvement of the property or extension of services as required to make the property suitable for development.

    B.

    Neither reservation nor dedication of right-of-way shall relieve the property owner from any obligation for street construction or assessments associated with public street improvement programs. Easements for access, utilities and drainage may be recorded on Conveyance Plats.

    C.

    No Building Permits shall be issued nor development begin, nor permanent utility service provided for land which has only received approval as a Conveyance Plat. This information shall be set forth in bold type on the Plat.

    D.

    A Conveyance Plat may be vacated, replatted or superseded in total or in part by thorough compliance with the procedures and requirements of this Subchapter.

    35.16.17.2. Conveyance Plat Requirements.

    A.

    Application.

    The property owner shall submit an application for a Conveyance Plat, together with other supporting documents and fees, to the Director in accordance with the requirements of the Application Criteria Manual. Conveyance plats that qualify as minor plats may be approved by the Chairman of the Development Review Committee. A Conveyance Plat shall contain such information that may be required by the Development Review Committee which is reasonably necessary to review and determine whether the proposed development and required facilities meet the requirements of this Subchapter and as required by the Application Criteria Manual.

    B.

    Standards for Approval.

    The Planning and Zoning Commission shall approve the Conveyance Plat if the Plat complies with the following statements:

    1.

    Reservation of rights-of-way. Conveyance plats must identify any future rights-of-way for public thoroughfares and streets specified on the City's thoroughfare plan. The identification of the right-of-way does not grant any right or interest in the property to the City or other entity. The final alignment may be adjusted upon Final Platting in order to meet engineering design standards.

    2.

    Dedication of rights-of-way. Dedication of right-of-way shall be required where a Conveyance Plat is used to record the remainder of a tract created by the Final Platting of a portion of the property. The required right-of-way dedication shall be limited to that which is necessary to provide access to the property proposed for Final Plat approval and to complete turn lanes, intersections and transitions in road pavement width resulting from development of property proposed for Final Plat approval.

    C.

    Approval Procedure.

    1.

    Conveyance plats shall be approved provided they comply with all requirements of this Subchapter. The Planning and Zoning Commission must approve, approve with conditions that insure compliance with the requirements of this Subchapter or deny a Conveyance Plat no later than thirty (30) days from the date of application. A Conveyance Plat qualifying as a minor Plat shall be reviewed and acted upon by the Development Review Committee.

    2.

    Signing and filing. After the approval of the Conveyance Plat by the Planning and Zoning Commission or Development Review Committee, the property owner or his engineer shall submit filing fees and the required number of copies for filing to the City for filing with the county. Having submitted all copies and fees, the owner may request a delay of filing for up to one hundred eighty (180) days from the date of approval. Any Conveyance Plat which has not been filed with the county within one hundred eighty one (181) days of the date of approval shall be void. Prior to filing with the county, the property owner may withdraw and void a Conveyance Plat. Any Conveyance Plat withdrawn or voided must be resubmitted under current regulations and procedures and reapproved by the Planning and Zoning Commission or Development Review Committee and filed with the county. Prior to filing, the chairperson of the Planning and Zoning Commission or the Development Review Committee, whichever is applicable, shall sign the Conveyance Plat. The City Engineer shall forward one (1) copy of the recorded Conveyance Plat to the property owner.