1105.04 FINAL PLAT PROCEDURES.

   The following procedures shall be followed for a final plat for a major subdivision:

   (a)   Application Submittal. Subsequent to approval of a preliminary plat, a applicant desiring to create a major subdivision shall prepare and submit to the Planning and Zoning Director a final plat application including all information required by these Regulations. The final plat application shall be submitted at least ten (10) business days prior to the Planning Commission meeting at which the final plat application is to be reviewed.

      A final plat shall be prepared for the entire property approved within the area of the preliminary plat, except if the Planning Commission approves the submittal of final plat applications for development of the subdivision in phases. Unless the preliminary plat has been extended pursuant to Section 1105.03(f), final plats for subsequent phases of the subdivision must comply with regulations in effect at the time of the application of the final plat.

   (b)   Timely Submittals by Applicant. In all phases of application, review, and action regarding a subdivision plat, the applicant shall be responsible for timely submittal of information or exhibits requested by the Commission and City Staff in order to permit thorough and timely review action.

   (c)   Acceptance for Study. At the first meeting of the Planning Commission at which the final plat application is presented, the Commission shall determine if the application complies with all application requirements and, if it does comply, shall accept the application for study. When an application is accepted for study by the Planning Commission, the application is deemed ready for review and is officially filed.

If the application does not comply, the Commission shall inform the applicant of the reasons for non-compliance and shall deny official filing and acceptance for study. Official filing and acceptance for study shall be delayed until the applicant submits a complete application complying with all application requirements.

   (d)   Planning Commission Review and Action. The Commission shall, within sixty (60) days after the meeting at which the final plat application is officially filed and accepted for study, make a recommendation to City Council to approve or conditionally approve the final plat, or the Commission shall disapprove the final plat, stating the reasons for disapproval. If the Commission disapproves the plat, the applicant may appeal to City Council. Notwithstanding the foregoing time limit for taking action, the Planning Commission may delay making a recommendation upon application by the applicant.

   (e)   City Council Review and Action. If the Planning Commission approves or conditionally approves the final plat, the Clerk of the Planning Commission shall forward the recommendation of the Planning Commission to City Council within five (5) business days. City Council shall consider the recommendation and shall approve, conditionally approve, or disapprove the final plat. No action which differs from the recommendation of the Planning Commission shall take effect unless approved by more than two-thirds (2/3) of the number of the members of Council.

      (1)   Final plat approval shall be effective for eighteen (18) months after approval by City Council after which time the approved plat shall be void, unless construction of the improvements has been initiated. Construction of improvements shall be completed within four (4) years after approval of the final plat by City Council. Subsequent to written request by the applicant, the Planning Commission may grant extensions of final plat approval of up to twelve (12) months each.

      (2)   Approval of a final plat shall not authorize recording of the plat, but shall authorize the applicant and the Director of Engineering, Utilities, and Inspection to negotiate and execute the development agreement, to make required amendments to the improvement plans, to take other actions required prior to the recording of the plat, and to proceed with construction in conformance with these Regulations.

         (Ord. 2004-013. Passed 3-22-04.)