Ord 2010-049 - Laserfiche WebLink

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a) The following land divisions are exempt from the requirements of this Article that apply to subdivision plats: (1) Sale, inheritance, or gift of land by metes and bounds of tracts upon which no improvements, development, subdivision or alteration is intended; (2) Use of existing cemeteries complying with all State and local laws and regulations; (3) A division of land created by order of a court of competent jurisdiction; (4) A division of land that results in the creation of two or more parcels, each of which is greater than five acres inside the City limits, or each of which is greater than ten acres within the City's extraterritorial jurisdiction, when each parcel has direct access to an existing public street, and no dedication of public facilities is required under this Land Development Code in connection with the division; and (5) Creation of a remainder tract. (6) Acquisition of land for governmental purposes by dedication, condemnation, or easement. SECTION 3. Section 1.6.6.3, Subdivision Improvement Agreement, subsection (a), is amended to read as follows: (a) Obligations under Agreement. Whenever public improvements to serve the development are deferred until after Final Subdivision Plat or Final Development Plat approval, the property owner shall enter into a subdivision improvement agreement by which the owner covenants to complete all required public improvements, including residential lot improvements for drainage or erosion control, and common area improvements, no later than two years following the date upon which the Final Subdivision Plat or Final Development Plat is approved. The agreement shall be subject to review and approval by the City Attorney, and shall be approved by the Planning and Zoning Commission with approval of the Final Subdivision Plat or Final Development Plat. The agreement shall contain the following provisions: (1) Covenants to complete the improvements; (2) Covenants to warranty the improvements for a period of one year following acceptance by the City; (3) Covenants to provide a maintenance bond in the amount of 20 4-00 percent of the costs of the improvements for such period; (4) Provisions for participation in the costs of the improvements by the City,