Section 25-33 Tract spilt--Generally.


    (a) In order to facilitate the orderly subdivision of large tracts of land for separate parcel sale, the tract split procedure may be used, by which subdivision authorization is given administratively, and ordinary subdivision plat preparation, review and commission or council approval is not required. The tract split procedure is not intended to and does not exempt property from normal subdivision platting and improvement requirements for its development, in accord with these and other applicable regulations. It may, however, provide a means by which those platting and public improvement responsibilities can be placed primarily with the developer of such land, parcel by parcel, at the time such development actually occurs, rather than at the time of initial large-tract subdivision into suitably smaller parcels for separate sale.

    (b) Application for approval of a tract split shall be made to the director. The application shall:

    (1)    Be on forms supplied by the director;

    (2)    Be accompanied by drawings, sketc.hes or written information and documentation sufficient to demonstrate compliance with the definition of "tract split" in section 25-3, and the requirements of paragraph (c) of this section, section 25-54, and all other requirements of this chapter.

    (c) Upon filing of an application for approval of a tract split, the director shall examine the same, in the nature of a concept review, and consult with other city departments as he may deem necessary. No tract split shall be approved by the director unless he determines that the proposed tract split meets the following criteria:

    (1)    The property shall be divided into not more than five (5) parcels.

    (2)    Adequate provision shall be made for future subdivision of the resultant parcels for development, for the opening of future streets to serve the parcels, and for the extension of utilities or related public improvements and facilities, in accordance with normal requirements.

    (3)    Resultant parcel configuration shall not adversely affect development of the balance of the tract or parcels, nor of adjoining properties, nor be in conflict with any provision of the comprehensive plan, zoning ordinance, or other provision of these regulations.

    (d) The director shall approve or disapprove the request, and notify the subdivider in writing of such action within fourteen (14) calendar days of filing of the application.

    (e) The director, on approval of a tract split, shall certify to the recorder of deeds that the survey required hereunder complies with all the provisions of this chapter.

    (f) If the director disapproves the tract split or fails to approve or disapprove the same within fourteen (14) days, the subdivider may within five (5) days after the expiration of such fourteen-day period, request the director to transmit the tract split to the commission for its approval or disapproval. The request shall be in writing and dated and signed by the subdivider or his duly authorized agent. Upon such written request, the director shall transmit the tract split to the commission. The commission shall approve or disapprove the tract split at its next regular meeting which is not less than seven (7) days after the date shown on the written request to the director to transmit the tract split to the commission.

    (g) The commission shall forward the tract split and its recommendation thereon to the city council for consideration at the council's next regular meeting which is not less than three (3) days after the date of the commission's consideration. The city council shall approve or disapprove the tract split at the regular meeting. Failure of the city council to act within the time prescribed shall be deemed approval.

    (h) Except as may otherwise be provided, no permit for street or utility extension, nor permit for building development, shall be issued for any of the resultant parcels, unless or until such parcel or portion thereof has been platted in accordance with this chapter.

(Code 1964, § 19.540; Ord. No. 10099, § 1, 3-5-84)