§ 42-44. Where subdivision is unit of a larger tract.

Where the proposed subdivisions constitute a larger tract owned by the subdivider, which is intended to be subsequently used as additional units of the same subdivision, the preliminary and final plats shall be accompanied by a layout of the entire area, showing the tentative proposed layout of streets, how the streets will connect to existing streets, what access will be left for future development, blocks, drainage, storm water detention facilities, sewage, retention of green areas, and other improvements for such areas. The overall layout, if approved by the municipal planning commission and city council, shall be attached to and filed with a copy of the final plat. Therefore, plats of overall layout, unless changed by the municipal planning commission or city council, shall be approved. However, except where the subdivider agrees to such change, the municipal planning commission or city council may change such approved overall layout only when the municipal planning commission or city council finds:

(1)

That adherence to the previously approved overall layout will hinder the orderly subdivision of other land in the area in accordance with the provisions of this chapter; or

(2)

That adherence to the previously approved overall layout will be detrimental to the public health, safety or welfare, or will be injurious to other property in the area.

(Ord. No. 05-1162, § 17, 3-28-2005; Ord. No. 12-1193, § 2, 9-10-2012)