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This stage includes the final design of the subdivision, engineering of public improvements and site development, and submittal of the plat and plans by the subdivider for review and for action by the Council. The final plat shall not be denied, if it substantially conforms to the approved preliminary plat and submitted within 12 months of an approved preliminary plat, and further provided that the submitted final plat meets all the requirements of these regulations.
(B) Final plat submittal requirements. Prior to the expiration of the approved preliminary plat, the subdivider shall file a complete final plat with the Planning Division consisting of the following:
(1) Fifteen 24 inch x 36 inch prints of the final plat;
(2) Title report issued not more than 30 days prior to the date of submittal by a state-registered title company;
(3) Electronic submittal and 4 sets of the improvement plans including: paving and street improvement plans, site and drainage improvement plans, utility plans, stormwater pollution prevention plans (SWPPP), and street lights plans. Improvement plans submittal requirements are outlined in § 10-2-17 Civil Engineering Plan Review Checklist, Engineering Standards, Vol. II, Apache Junction City Code;
(4) The subdivider shall file a streetlight improvement district application with Public Works Department prior to the approval of the final plat;
(5) Conditions, covenants and restrictions ("CC&Rs"): the subdivider shall submit 2 copies of the deed restrictions that describe the responsibilities of the unit owners for maintaining common areas and facilities and all other pertinent information and requirements as applicable;
(6) The Director or his or her designee may require an applicant to adhere to all preliminary plat requirements during the final plat process, such as, but not limited to, establishing an HOA and including CC&Rs in its deeds setting forth the perpetual obligation to financially contribute for the maintenance of all community areas such as private roads, pools, and playground and recreational areas;
(7) Payment of the final plat filing fees as set forth in Chapter 4, Fees, Article 4-4, Vol. I, Apache Junction City Code.
(C) Final plat review.
(1) The Planning Division, upon receipt of the final plat and improvement plans submittals, shall immediately record the date of filing and shall review the final plat and improvement plans for completeness.
If complete, the Planning Division shall review the final plat and improvement plans for substantial conformity to the approved preliminary plat and refer copies of the submittal to the following staff and agencies which will be requested to make known their recommendations, in writing, addressed to the Council through the Planning Division and City Manager: see list of reviewing staff and agencies as shown in § 2-2-4(B)(2)(a) for preliminary plat review.
(2) The Planning Division shall assemble the recommendations of the various reviewing offices, prepare a concise summary of recommendations, and submit the summary with the reviewers' recommendations back to the applicant or their representative.
(3) Once the Planning Division has transmitted revisions and recommendations for corrections to the final plat and improvement plans one or more times, and all revisions are not submitted back to the city within 12 months, a new final plat application and fees shall be required to re-initiate the final plat process.
(4) In the event that the Planning Division finds that the final plat does not substantially conform to the preliminary plat as approved by the City Council or the Subdivision Committee, the subdivider shall revise to conform to the preliminary plat or shall be required to submit a new preliminary plat application.
(D) Council hearing and action.
(1) Upon receipt of a request for Council action by the Planning Division, in accordance with procedures established by the City Clerk, the Development Services Director shall place the final plat on the Council agenda of the next regular meeting, whereupon the Council shall consider the application.
(2) Upon approval of the final plat by the City Council, the City Clerk shall transcribe a certificate of approval upon the plat, first making sure that the other certifications required by this section have been duly signed.
(3) When the certificate of approval by the Council has been transcribed on the final plat, the Planning Division shall retain the copy to be recorded until the civil engineering improvement plans have been approved, and the public improvement security has been provided.
(4) The Planning Division shall cause the final plat to be recorded in the office of the County Recorder within which the platted lands lie and the recordation fee shall be paid thereto.
(5) The original Mylar copy of the recorded plat shall be retained by the Planning Division, including the submittal of electronic copies in PDF and DWG format.
(6) If the Council rejects the final plat, the reasons shall be recorded in the minutes and the subdivider shall be notified, in writing, of the reasons for rejection.
(E) See Appendix for final plat conditions.
(F) Final plat recordation (including amended plats).
(1) All the required improvement plans (grading and drainage, paving, utilities, etc.) shall be approved by the city prior to final plat recordation.
(2) When the improvement plans have been approved, the final plat shall be signed by the appropriate city officials to indicate the city's approval, and the city shall cause the plat to be recorded in the appropriate County Recorder's office.
(G) Final plat amendment. One of the 3 following methods shall be utilized to amend a recorded final plat. The developer shall arrange a meeting with Development Services Department staff to determine the method of amendment. Any amendment to the recorded plat may be subject to the currently adopted city codes or state statutes which may have occurred since the recordation of the original plat, as determined by city staff .
(1) Return to the preliminary plat/final plat procedure (major changes). This method shall be utilized when there are proposed changes involving any of the following: zoning, type of lots, number of lots (4 or more), or tracts or common area facilities or a change to the purpose of any tract common areas. Any changes which substantially alters the original approved final plat, as determined by city staff, shall require a preliminary plat and final plat procedure.
(2) Re-plat procedure (moderate changes). This method shall be utilized when there are proposed changes involving any of the following: the configuration of 3 or more lots, lot line adjustments affecting 3 or more lots, roadway alignment, abandonment of public rights-of-way, tracts dedicated for specific purposes, extinguishment of easements, or dedication or rededication of rights-of-way. No preliminary plat is required with this procedure.
(3) Certificate of correction (minor changes). This method shall be utilized when there are minor changes proposed involving any of the following: an adjustment to no more than 2 lots or 1 lot and 1 tract, bearing or distance changes, minor corrections to language of dedication, notes, or legal description. Certificate of correction shall be prepared by a registered land surveyor. Development Services Department staff shall review and approve the certificate of correction prior to recordation at the County Recorder's office (for lot line adjustments, see § 2-5-4).
(H) Final plat vacation. Refer to § 2-1-17 of this Subdivision Regulations.
(Ord. 1503, passed - -2021)