(a) Major Subdivision Final Plat Review Required. Whoever subdivides land, having received approval of the improvement plans by the City Engineer, shall submit a final plat to the Commission. After review the Commission may approve, conditionally approve or disapprove the final plat. Whoever subdivides land, having received approval of the final plat by the Commission, shall offer all improvements and/or performance guarantees to the Council. After review the Council may approve, modify, or disapprove the improvements constructed and/or performance guarantees offered. Whoever subdivides land, having received approval of improvements and/or performance guarantees by the Council, shall file the plat with the City Engineer for recording as provided in this Ordinance, and after recording he or she may transfer title to the parcels shown on the final plat. Council shall by separate action accept all streets and required improvements for use and maintenance after all streets and required improvements have been installed by the developer and approved by the City Engineer.
(b) Submission of Major Subdivision Final Plat for Review by Commission. In order to initiate formal review by the Commission, the applicant is required to submit the following materials to the Administrative Official:
(i) One completed and signed copy of an application for Commission Review;
(ii) 20 individually folded copies of the major subdivision final plat;
(iii) Completed and signed checklist;
(iv) One 8-1/2 by 11 inch size, or 11 by 17 inch size, reduced copy of the major subdivision final plat;
(v) Evidence that the plan has been submitted for review to affected and applicable county, state, and federal agencies; and
(vi) The required review fee.
These materials must be submitted to the Administrative Official in sufficient time to allow review by City staff and consultants prior to the Commission meeting at which the review will occur. The plans and required documentation must be submitted to the City on the 20th day of the month prior to the next regularly scheduled meeting for consideration for review by the Commission. The Administrative Official has the authority to determine what is “sufficient time”, based on the scope and complexity of the proposal.
(c) Distribution of Plans. Upon submission of all required application materials and following completion of all items required by the adopted major subdivision final plat review manual, the proposed major subdivision final plat shall be placed on the next open Commission agenda. The major subdivision final plat and application shall be distributed by the Administrative Official to appropriate City officials and the City Engineer and City Planner for review.
(d) Commission Review and Action.
(1) Request for Revisions. Upon review of the major subdivision final plat proposal at a workshop, the Commission may require the applicant to revise the plans or supply additional information. The applicant shall submit any requested revised plans for review prior to formal action being taken. All review fees must be paid prior to any review. It shall be the applicant’s responsibility to consult with City staff and consultants during this revision process. Action on the major subdivision final plat shall remain tabled until the next regular Commission meeting following review of a substantially complete plan at a Commission workshop.
(ii) Final Action. The Commission shall review the major subdivision final plat, together with any reports and recommendations from staff, consultants and other reviewing agencies and any public comments. The Commission shall then make a determination based on the requirements and standards of this Ordinance. The Commission is authorized to table, approve, approve subject to conditions or deny the major subdivision final plat as follows:
(1) Table. Upon determination by the Commission that a major subdivision final plat is not sufficiently complete for approval or denial, or upon a request by the applicant, the Commission may table the item until a later meeting.
(2) Denial. Upon determination that a major subdivision final plat does not comply with the standards and regulations set forth in this Ordinance, or would require extensive revisions to comply with said standards and regulations, the major subdivision final plat shall be denied. If a major subdivision final plat is denied, a written record shall be provided to the applicant listing the reasons for such denial. Failure of the applicant, or the applicant’s designated representative, to attend two or more scheduled meetings shall be grounds for the Commission to deny approval of the major subdivision final plat.
(3) Approval. Upon determination that a major subdivision final plat is in compliance with the requirements of this Ordinance and other applicable ordinances and laws, the major subdivision final plat shall be approved.
(4) Approval subject to conditions. The Commission may approve a major subdivision final plat, subject to one or more conditions necessary to address minor modifications to the major subdivision final plat, ensure that public services and facilities can accommodate the proposed use, protect significant natural features, ensure compatibility with adjacent land uses, or otherwise meet the intent and purpose of this Ordinance.
The Commission may require that the applicant re-submit the major subdivision final plat for final approval by the Commission after conditions have been met. The Commission may waive its right to review the revised plan, and delegate authority to the Administrative Official or staff to review and approve a revised major subdivision final plat on the Commission’s behalf after required conditions have been addressed. The Commission may require that the Administrative Official secure a favorable recommendation from the City Planner and/or City Engineer prior to final approval of the revised plat.
(e) Recording of Major Subdivision Final Plat Action. Commission action on the major subdivision final plat shall be recorded in the Commission meeting minutes, stating the name and location of the project, the proposed use, the most recent plan revision date, and the conditions or grounds for the Commission’s action.
(f) Procedure after Major Subdivision Final Plat Approval.
(i) Approval Expiration. Major subdivision final plat approval becomes null and void if not recorded within 12 months following the final approval of the major subdivision final plat by the Commission. In such a case, the applicant shall file a new application. If the associated major subdivision preliminary plat has not expired, the major subdivision final plat may be resubmitted as a major subdivision final plat. If the associated major subdivision preliminary plat has expired, the major subdivision final plat must be resubmitted as a major subdivision preliminary plat.
(ii) Approval Extensions. Upon written request of the applicant, prior to the expiration of a previously granted approval, the Commission may review the circumstances surrounding a failure to meet the required deadlines. The Commission may grant an extension of up to 12 months to an approval, if it finds that the approved major subdivision final plat continues to adequately represent current conditions on and surrounding the site and that the major subdivision final plat conforms to the standards of this Ordinance in effect at the time of the applicant’s request for an extension.
(iii) Outside Agency Permits or Approvals. The applicant shall be responsible for obtaining all necessary permits or approvals from applicable outside agencies.
(iv) Revocation. An approved major subdivision final plat may be revoked by the Commission if construction on the site is not completed or is not progressing in a manner consistent with the approved plans. In such a case, the major subdivision final plat shall be placed on the agenda of a Commission meeting for a public hearing. The Administrative Official shall cause written notice to be provided to the applicant at least 10 days prior to the meeting and shall publish notice of said hearing no later than five days prior to the date and time. The notice shall reduce all alleged inconsistencies and violations to writing. The Administrative Official, the applicant, and other interested persons shall be allowed to present information and testimony to the Commission at the hearing. If the Commission finds that an inconsistency or violation of the approved major subdivision final plat exists at the time of the hearing, then, by a majority vote of attending members, the Commission may revoke the approval of the major subdivision final plat and order the site returned to its original condition by a date certain. Failure to comply with such an order shall be deemed a violation of this Ordinance and shall be subject to the penalties stated herein.
(g) Council Action. After approval of the major subdivision final plat by the Commission, and when offered by whoever subdivides land, the Council shall act on each of the following:
(i) Council shall review the performance guarantees offered by whoever is subdividing land, so that such performance guarantees are consistent with the requirements in this Ordinance. Council may approve, modify, or disapprove the performance guarantees offered. If all streets and required improvements have been properly installed as attested to by the City Engineer, then no performance guarantees shall be required.
(ii) Council shall review the streets and all other areas intended for public use offered by whoever is subdividing land, so that such items are consistent with the requirements in this Ordinance. Council may accept or reject the items offered upon recommendation of the City Engineer.
(h) Transfer and Recording. After approval of the major subdivision final plat by the Commission and the required Council action, the major subdivision final plat shall be recorded in the office of the applicable County Recorder, by the subdivider or his agents, and at the expense of whoever subdivides. The original tracing of the major subdivision final plat, after it has been recorded, shall be returned to the City Engineer by the subdivider or his agents, where it will be filed and retained in the office of the City Engineer and shall become and remain the property of the City.