§ 114-4. Applicability of chapter; compliance with chapter.

(a)

Application. This chapter shall apply to all lands presently within the incorporated limits of the city, and to any lands that may in the future be annexed to and be made a part of the city.

(b)

Subdivisions to be platted.

(1)

Except as set forth in subsection (2) below, no land shall be subdivided, and no building or structure or any part thereof constructed in any area that has been so subdivided, after effective date of this ordinance unless the land is platted and subdivided pursuant to the provisions of this chapter.

(2)

The platting requirement set forth in subsection (1) above shall be waived upon the occurrence of all of the following:

a.

Unanimous agreement of the city engineer, city building official, and the director of the city's planning department;

b.

The land being divided is not part of a common development scheme and does not share common infrastructure;

c.

Each division of the land is greater than ten acres in size;

d.

No new streets or alleys are being established; and

e.

If so requested by the city, the land owner enters into a developers agreement containing provisions that adequately protect the city from the potential consequences that could arise from allowing the land to be subdivided without compliance with the platting process.

(c)

PUD subdivisions. All PUD subdivisions shall be platted and subdivided pursuant to the provisions of this chapter.

(d)

Compliance with chapter. In order to subdivide land and file a plat thereof, all requirements as set out in this chapter shall be met and the procedures set forth in this chapter shall be followed.