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A. Recording Plat: No plat of any subdivision shall be entitled to be recorded in the county clerk's office or to otherwise to have any validity until it shall have been approved in the manner prescribed herein. In the event any such unapproved plat is recorded, it shall be considered invalid, and the city council may institute legal proceedings to have the plat stricken from the records.
B. Sale Of Land In Subdivision: No owner or agent of the owner of any land located within any actual or proposed subdivision shall offer, transfer, sell or agree to sell any land by reference to, exhibit of, or by the use of a plan or plat of a subdivision before such plan or plat has been approved and recorded in the manner prescribed herein; unless such agreement to sell is expressly made contingent upon the proper filing of the plat in question in advance of closing. Any sale or transfer contrary to the provisions of this subsection is void. The description of such lot or parcel by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from the provisions of this title.
C. Construction Of Improvements:
1. Upon approval of the preliminary plat by the city council, the subdivider of any land located within the city can proceed with the submission of all documents and fees for compliance with the PFPI, stormwater design criteria, earth change and all other pertinent ordinances necessary for obtaining construction permits. Upon staff approval, and council's approval on earth change permits, a permit shall be issued allowing the subdivider to proceed with any construction work on such proposed subdivision.
a. Permits can be issued based upon individual scopes of work for each improvement (i.e., complete sanitary sewers, water distribution system, storm sewers, earthwork and detention facility); however, the final plat cannot be filed of record until the final plat has been submitted and approved by the city council; and
(1) All improvements are complete and accepted or approved by the city council; and/or
(2) Security has been provided and approved by the city staff for all of the improvements.
b. If the subdivider wishes to file the final plat prior to the completion and acceptance or approval of all construction improvements, the final plat must have been approved by the city council; and the security for all improvements must be submitted and approved by the city staff.
2. The building official shall not issue building permits for any structure on a lot in a subdivision for which a final plat has not been approved and recorded in the manner prescribed herein, and for which all proposed public improvements have not been accepted by the city council.
3. The city staff shall not sell or authorize to be installed any taps to public water or sewer systems on any lot of a subdivision for which a plat has not been approved and recorded in the manner prescribed herein, and for which all improvements have not been constructed; provided, that all public improvements must be constructed, dedicated and accepted by the city prior to the sale or authorization.
D. Public Services: The city will withhold all public services of whatsoever nature other than police and fire protection, but including the maintenance of streets and the furnishing of water or sewer facilities from all subdivisions which have not been approved, and from all areas dedicated to the public which have not been accepted in the manner prescribed herein. It is further the policy of the city to require the owner to comply with the general principles of design and requirements for subdivisions as set forth herein.
E. Revision Of Plat After Approval: No changes, erasures, modifications or revisions shall be made in any plat of a subdivision after approval has been given by the city council, and endorsed in writing on the plat, unless said plat is first resubmitted to the planning commission and to the city council and receives approval for the changes. (Ord. 854, 9-9-2002)