A. Before any final plat, which has been recommended for approval by the zoning and planning commission, is presented to the town council, engineering design plans and a subdivision improvement agreement or bond as described herein shall be reviewed in detail by the mayor, town engineer, and town attorney.
B. Approval of a subdivision plat, by the town council, is contingent on the provision of appropriate capacity of water and sewer.
C. If the final plat/replat application is approved, or approved with contingencies, the application shall be forwarded to the council for consideration. If the application is denied, it will be forwarded to the council with a "do not pass" recommendation. If no action is taken by the commission within thirty (30) calendar days of receipt of the application, it will be forwarded to the council with no recommendation. If the application is tabled, it shall be considered at the next regular commission meeting, and a recommendation made.
D. The application shall be considered at a council meeting to be held within thirty (30) calendar days of the commission meeting. If necessary, an agreement with the Wardwell water and sewer district must be signed prior to final council approval. The commission's recommendations shall be presented to the council. The owner will be given the opportunity to discuss the application with the council and other comments regarding the final plat/replat.
E. The council shall then take one of the following actions:
1. Approve,
2. Approve with contingencies,
3. Deny, or
4. Table the application.
F. If the application is tabled, it shall be considered by the council within thirty (30) calendar days of tabling, and a final determination made, or, upon request by the owner, the application may be tabled further. If the application is approved, or approved with contingencies, the mayor of the town and the clerk shall sign the final plat/replat as approved. If the application is denied, the application shall be considered to be finally denied.
G. No final plat, when submitted as part of an annexation, shall be approved if more than eighteen (18) months has elapsed between second reading and third reading of the ordinance approving and annexing the accompanying plat. At the end of eighteen (18) months from the date of final plat approval by the council on second reading of the ordinance, such plat shall be void, unless an extension not exceeding six (6) months is granted by the council upon written request of the subdivider.
H. No final plat/replat of a subdivision shall be approved if more than eighteen (18) months has elapsed following approval of the preliminary plat. At the end of eighteen (18) months from approval of a preliminary plat, if no final plat has been submitted; unless an extension not to exceed six (6) months is granted by the council upon written request of the subdivider; the preliminary plat shall be void and a new application, including fees, must be submitted as provided in chapter 3 of this title and this chapter.
I. No final plat shall be approved by the town council unless it is possible without undue delay, for the subdivider to supply or guarantee the following improvements:
1. Corners: Subdivision corners and one-sixteenth (1/16) corners shall be set with two inch (2") diameter brass caps. These caps shall be set in concrete and marked as follows:
a. Subdivision corners shall show the number of the corner, the elevation of the corner, the identifying initial of the surveyor or the company making the survey, and the license number of the surveyor making the survey or certifying the survey.
b. One-sixteenth (1/16) corners shall be properly marked for identification as to location, shall carry the true elevation, shall be referenced if subject to destruction, and again shall show the proper identification of the certifying surveyor.
c. Block and lot corners, points of tangency (PTs) and points of curve (PCs) of all curves shall be marked by a five-eighths inch by eighteen inch (5/8" x 18") iron rod with an identification cap showing location of each corner and the license number of the certifying surveyor.
Upon completion of construction of the sidewalks, the points of intersection (PIs) and the points of return (PORs) of all blocks shall be referenced in the walk by an iron pin. Also, the PCs and PTs of all curves shall be so referenced in the walk.
2. Public Utilities: Public water, sanitary sewer, storm sewers, and fire hydrants shall be installed in accordance with design and construction requirements established herein and approved by the town engineer, town fire chief, and Wardwell water and sewer district.
3. Surface Improvements: Surface improvements (sidewalks, curbs and gutters, culverts, bridges, streets, alleys, street signs and other such necessary improvements) after construction, will be subject to inspection and approval by the town engineer. All required improvements shall be completed in accordance with grades officially approved by the town.
4. Completion Time: Before the town council shall accept a final plat, the subdivider or owner shall have laid out and constructed all improvements specified by the town council for completion at such time; or in lieu thereof, the subdivider or owner (if other than the subdivider) shall have entered into a written agreement with the town wherein the subdivider/owner shall agree to make such improvements when required by the town council. (Ord. 2012-04, 7-17-2012)