§ 155.077 EFFECT OF APPROVAL, WITH OR WITHOUT REQUIREMENTS, OF A FINAL SUBDIVISION PLAT APPLICATION AND EFFECTIVE PERIOD.
   (A)   The approval of a final subdivision plat application, with or without requirements, by the Land Use Authority, as applicable, shall constitute final approval of the subdivision by the city.
   (B)   After a final plat has been approved by the Land Use Authority, as applicable, and the final plat has been circulated by the applicant(s) and is signed by the designated officers, and others, as required by § 155.078 of this chapter, the approved final plat, and any other required materials, shall be presented to the Department for recordation in the office of the County Recorder.
   (C)   After the approved final plat, and any other materials (including, but not limited to, escrow agreements, improvement completion assurance agreements, development agreement and the like), as applicable, have been recorded in the office of the County Recorder, and the required subdivision improvements have been constructed necessary for the issuance of building permits, the applicant(s) may apply for building permits consistent with the final plat approval and city requirements for such permits.
   (D)   The applicant(s) is required to pay all fees, including, but not limited to, application fees, copies, and recording fees of all documents associated with the approved final plat.
   (E)   As provided by the Act, the continuing validity of a final subdivision plat approval is conditioned upon the applicant(s) proceeding after approval to implement the approval with reasonable diligence. For the purposes of this chapter, the approval of a final subdivision plat application shall be effective for a maximum period of one year from the date of approval by the Land Use Authority, as applicable, at the end of which time the applicant(s) shall have submitted the approved final plat to the Department for recordation. If the approved final plat is not received by the Department within one year of approval, the final plat shall be declared void and of no effect.
   (F)   Notwithstanding the requirements of this section, the Land Use Authority, as applicable, may extend the period to submit the approved final subdivision plat to the Department for recordation upon a request from the applicant(s) and a finding by the Land Use Authority of extenuating circumstances. The Land Use Authority may extend the period to record the final subdivision plat, as determined, but shall not extend the period required to submit the approved final subdivision plat to the Department for recordation beyond 18 months from the date of approval of the final subdivision plat.
   (G)   The applicant(s) shall submit a request for an extension, pay filing fees and provide a written request for an extension to the Department a minimum of four weeks before the approved final subdivision plat is due to expire. An extension request shall provide:
      (1)   The reasons for the request;
      (2)   An updated title report, updated engineer’s estimate and updated financial guarantee agreement; and
      (3)   Be accompanied by the extension request application fee(s).
   (H)   Prior to the Land Use Authority action on an extension request, such request shall be reviewed by the Department and a Department recommendation provided to the Land Use Authority.
(Prior Code, § 25.04.110) (Ord. 20-03, passed 3-19-2020)