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(a) Submission. Following approval of the preliminary plan, and the application for improvement plans, applicants may apply for plat review.
(1) Prior to approval, the applicant shall submit the items specified in the subdivision submission requirements to the Planning Commission Secretary in accordance with the rules and regulations of the Planning Commission after all of the improvements have been satisfactorily installed.
(2) In addition to the subdivision submission requirements, the applicant shall also provide the Planning Commission Secretary with the following:
A. Certification by the Municipal Engineer that all improvements required by the Subdivision Regulations and as designated in the approved improvement plans have been satisfactorily installed;
B. Certification by the Municipal Engineer that the applicant has deposited the cash bond for pavement guarantee required by Section 1222.07 and that a letter of credit, or surety bond without an expiration date, has been established to secure the installation of the concrete sidewalks;
C. Certification by the Municipal Engineer that the applicant has submitted as-built improvement plans;
D. Certification by the Municipal Engineer that the sanitary sewers have been satisfactorily tested and video taped;
E. Certification by the Municipal Engineer that the developer has paid all required engineering and inspection fees and other expenses due;
F. Certification by the Fire Chief that the fire hydrants have been satisfactorily installed and tested;
G. Certification by the Director of Finance that full payment has been made to the Recreation Trust Fund pursuant to Chapter 1224;
H. Certification by the applicant that all current real estate taxes and current installments of special assessments due on the property contained in the subdivision have been paid;
I. Certification by the Municipal Engineer that agreements and other required legal instruments not on the plat have been furnished and will be concurrently recorded at the County with the plat; and
J. Certification by the Director of Finance that the full payment has been made to the Street Tree Fund pursuant to Section 1222.14.
(3) If an application for plat review (either for the entire area of the preliminary plan or a portion therefore) is not submitted to the Planning Commission Secretary within 18 months of the preliminary plan approval, such approval of the preliminary plan shall be rendered null and void unless an extension of time is applied for and granted by the Planning Commission.
(c) Time Requirement for Planning Commission Action. The Planning Commission shall, within 45 days from the date the application is initially heard by the Commission, or within such further time as may be consented to by the applicant, either approve, approve with conditions or disapprove the plat.
(d) Notification of Planning Commission Action.
(1) The Planning Commission Secretary shall notify the applicant of the Planning Commission's action by mailing written notice by first class mail to the last known address given by the applicant. Such notice will state whether the plat was approved, approved with conditions or disapproved. A copy of this notice shall be maintained in the applicants file located in the Planning Department.
(2) If the application is approved by the Planning Commission, the Planning Commission Secretary shall give written notice to the Clerk of Council of such approval.
(e) Action by Council.
(1) After the Clerk of Council receives written notice of approval from the Planning Commission Secretary, the Clerk shall place the plat on the agenda of the next regularly scheduled meeting of the City Council for such action as is deemed appropriate.
(2) Appropriate legislation, which incorporates the total acreage, number of sublots and the subdivision phase number, if applicable, shall be drafted by the Clerk of Council for consideration by Council.
(3) Provided that all conditions imposed by the Planning Commission for approval, if any, have been met, Council, by its second regularly scheduled meeting following receipt of the written notice of approval by the Planning Commission from the Planning Commission Secretary, shall pass legislation which commences approval of the plat or shall disapprove the plat at such meeting, or disapprove the same at a later meeting prior to the completion of passage of such approving legislation.
(4) The Clerk of Council shall give written notice to the Planning Commission Secretary of the action taken by Council on the plat. The Planning Commission Secretary shall then notify the applicant of the Council's action by mailing written notice by first class mail to the last known address given by the applicant. A copy of this notice shall be maintained in the applicant's file located in the Planning Department.
(f) Effect of Approval. Approval of the plat by the Planning Commission and Council shall constitute acceptance of the subdivision. No material changes or revisions shall be made to an approved plat unless it is resubmitted and approved by the Planning Commission and Council pursuant to these subdivision procedures.
(g) Recording of Plat.
(1) Before an approved plat can be recorded, it shall be signed by the Planning Commission Secretary, the Municipal Engineer, the Clerk of Council and the Director of Law. Any plat recorded which has not been approved according to the regulations in this chapter shall be considered invalid.
(2) Plat approval shall expire within 120 days after City Council approval is effective unless the plat has been duly filed and recorded, by the applicant as required by law, and the original tracing of the plat has been filed with the Planning Commission Secretary.
(Ord. 52-99. Passed 3-22-99; Ord. 120.03. Passed 6-9-03)