(A) Discussion of requirements. Following the approval of the sketch plat, the applicant, if he wishes to proceed with the subdivision, shall file with the Plan Commission an application for final approval of a subdivision plat.
(B) Application. The application shall:
(1) Be presented to the Administrator at least four weeks prior to a regular meeting of the Commission in order that a public hearing may be scheduled and the required 15-day notice given. The date of the regular meeting of the Commission at which the public hearing is held for final approval, including any adjourned date thereof, shall constitute the official submittal date of the plat for the purposes of these regulations;
(2) Be made in duplicate on forms available at the office of the Administrator;
(3) Be accompanied by a fee of $100;
(4) Be accompanied by a minimum of four copies of the final plat which shall comply in all respects with the sketch plat, as approved;
(5) Be accompanied by a minimum of three copies of complete final construction plans, as described in these regulations;
(6) Be accompanied by all formal irrevocable offers of dedication to the public of all streets, utilities, parks, easements, and other town government uses, in a form approved by the Town Attorney. In addition, the subdivision plat shall be marked with a notation indicating the formal offers of dedication as follows:
The owner, or his representative, hereby irrevocably offers for dedication to the Town of Albany all the streets, local government uses, easements, parks and required utilities shown on the subdivision plat and construction plans.
Signature______________________
Date____________
(7) Be accompanied by a full covenant and warranty deed to all lands offered for dedication in proper form for recording, together with a title policy for the Town Board in the sum to be determined by the Town Attorney before signing of the final subdivision plat;
(8) Be accompanied by a performance bond in a form satisfactory to the Town Attorney and in an amount established by the Plan Commission upon recommendation of the Town Board. It shall include a provision that the principal of the bond shall comply with all the terms of the resolution of final subdivision plat approval as determined by the Commission and shall include, but not be limited to, the performance of all required subdivision and off-site improvements, and that all improvements and land included in the irrevocable offer of dedication shall be dedicated to the town free and clear of all liens and encumbrances on the premises;
(9) Be accompanied by stamped No. 10 envelopes addressed to each owner of property immediately adjacent extending 100 feet therefrom, or of that directly opposite thereto extending 100 feet from the street frontage of such opposite property owners as are correct within the knowledge of the applicant as shown on the latest tax assessment roll;
(10) Be accompanied by an inspection fee in an amount to be determined on the basis of the provisions of these regulations;
(11) Be accompanied by a written assurance that street name signs shall be installed by the applicant according to the approved standards set forth in these regulations, or accompanied by a fee of $40 for each street sign shown in the construction plans, in which case the street signs shall be installed by the town.
(C) Endorsements by other public authorities. The final subdivision plat shall be properly endorsed by appropriate health and housing authorities to assure the Commission that the plan is in compliance with all rules, regulations, and requirements of local, state and federal authorities.
(D) Notice of public hearing. Upon receipt of formal application and all accompanying material, the Administrator shall:
(1) Call a public hearing for the next scheduled meeting of the Plan Commission to be held at least two weeks after the date of the application;
(2) Submit a notice for publication in one newspaper of general circulation to be published at least 15 days prior to the public hearing and mail notice to all property owners; and
(3) Maintain file copies of the plat and construction plans for public review prior to the hearing.
(E) Public hearing and determination.
(1) At the public hearing, the Commission will give an opportunity to any interested persons to examine or comment upon the plat and construction plans.
(2) After the public hearing, the Commission shall, within 30 days after closing of the public hearing, approve, modify and approve, or disapprove the subdivision application by resolution which shall set forth in detail any conditions to which the approval is subject, or reasons for disapproval. In the final resolution the Commission shall stipulate the period of time when the performance bond shall be filed or the required improvements installed, whichever is applicable. In no event shall a performance bond be submitted later than 30 days from the date of final resolution, together with all required documents. In no event shall the period of time stipulated by the Commission for completion of required improvements exceed two years from the date of the final resolution.
(3) One copy of the final subdivision plat shall be returned to the subdivider with the date of approval, conditional approval, or disapproval, noted thereon, and the reasons therefore, in writing, accompanying the plat.
(F) Submission for final review.
(1) Subsequent to the resolution of the Plan Commission, three paper copies of the construction plans, three copies of the subdivision plat on tracing cloth, reproduction mylar, or sepia paper, and two copies of the subdivision plat on paper shall be submitted to the Administrator for final review.
(2) A check payable to the County Recorder in the amount of the current filing fee shall be provided.
(3) No final approval shall be endorsed on the plat until a review has indicated that all requirements of the resolution have been met.
(G) Vested rights.
(1) No vested rights shall accrue to any plat by reason of final approval until the actual signing of the plat by the Chairman of the Plan Commission.
(2) All requirements, conditions, or regulations adopted by the Commission applicable to the subdivision, or on all subdivisions generally, shall be deemed a condition for any subdivision prior to the time of signing of the final plat by the Chairman and Administrator.
(3) Where the Commission has required the installation of improvements prior to signing of the final plat, the Commission shall not unreasonably modify the conditions set forth in the final approval.
(H) Signing of plat.
(1) When a bond is required, after the inspection fee has been paid, the Plan Commission shall endorse approval on the plat upon approval of the bond by the Town Board, provided all the conditions of the resolution pertaining to the plat have been satisfied.
(2) When installation of improvements is required, the Plan Commission shall endorse approval on the plat after all conditions of the resolution have been satisfied and all improvements satisfactorily completed. There shall be written evidence that the required public facilities have been installed in a manner satisfactory to the Town Board as shown by a certificate signed by the Town Engineer and Town Attorney that the necessary dedication of public lands and improvements has been accomplished.
(I) Recording of plat.
(1) The Administrator will sign the reproducible mylar, tracing cloth or sepia prints of the subdivision plat and return two copies to the applicant. A signed copy of the construction plans shall also be returned.
(2) It shall be the responsibility of the Administrator to file the plat with the County Recorder within 30 days of the date of signature. Simultaneously with the filing of the plat, the Administrator shall record the agreement of dedication together with such legal documents as shall be required to be recorded by the Town Attorney.
(J) Sectionalizing of plats.
(1) Prior to granting final approval of a plat, the Commission may permit the plat to be divided into two or more sections and may impose such conditions upon the filing of the sections as it may deem necessary to assure the orderly development of the plat. The Commission may require that the performance bond be in such amount as is commensurate with the section or sections of the plat to be filed and may defer the remaining required performance bond principal amount until the remaining sections of the plat are offered for filing.
(2) The developer may also file in irrevocable offers to dedicate streets and public improvements in the sections offered to be filed and defer filing offers of dedication for the remaining sections until such sections, subject to any conditions imposed by the Commission, shall be granted concurrently with final approval of the plat.
(3) In the event of approval of sectionalizing, the entire approved subdivision plat including all sections shall be filed within 90 days after date of final approval with the Administrator and such sections as have been authorized by the Commission shall be filed with the County Recorder. Such sections must contain at least 10% of the total number of lots contained in the approved plat.
(4) The approval of all remaining sections not filed with the County Recorder shall automatically expire unless such sections have been approved for filing by the Commission, all fees paid, all instruments and offers of dedication submitted, and performance bonds approved and actually filed with the County Recorder within three years of the date of final approval of the subdivision plat.
(Ord. - -, passed - -80)