(A) Application.
(1) A final plat shall be submitted to the Secretary of the Planning Commission and the Project Head who shall review the plat and refer the same to the Planning Commission. The application shall include the original tracing of the final plat, three black-on-white prints of the drawings for the required improvements, three sets of specifications and other maps and data and certificates as set forth in § 1250.04.
(2) The developer may apply for final plat approval of only that section of an approved preliminary plan for a subdivision which he or she proposes to develop and/or record as the first stage. However, the preliminary approval of any section shall become null and void if an application for final plat approval is not submitted within one year after approval of the preliminary plan, unless an extension of time is granted by Council, for good cause shown.
(B) Review by City Engineer. The Secretary of the Commission shall transmit two prints of each drawing and the specifications to the City Engineer to determine:
(1) The conformity of the final plat to the approved preliminary plans and any special condition or modification stipulated, and the correctness of mathematical data and computations; and
(2) The conformity of the designs and details of the required improvements, as shown on the drawings and specifications, with any plans for streets and utilities and the construction standards in effect in the city. One copy of each shall be returned to the Commission by the Engineer indicating his or her determinations.
(C) Wetland Study. No final plat shall be approved by the City Engineer unless and until the applicant has provided a wetland study prepared by a Professional Wetland Scientist (PWS) to the Planning Commission and City Council pursuant to the Developer/Builder Procedural Outline of the city. Said study shall be reviewed by the City Engineer to assure the city that there is no violation of any law regulating development on wetlands. Said expert report shall be prepared by a company which is acceptable to the United States Army Corps of Engineers and shall contain verification that said company shall be fully responsible to the city and the developer for the accuracy of the report and opinion contained therein. At the city’s discretion, this requirement shall not be applicable to projects involving the expansion of existing commercial development.
(D) Action by the Planning Commission.
(1) If the Engineer finds that the final plat, drawings and specifications are satisfactory in regard to the aforesaid provisions and if the subdivision complies with all other applicable provisions of these regulations, the Commission shall approve it and return it to Council recommending favorable consideration. Action by the Commission shall be taken within 60 days from the date of referral for approval, on which date all required plats, maps and data were submitted to the Commission or within a mutually agreed upon extension.
(2) Council shall act upon the final plat, maps and data and/or drawings and specifications, either separately or concurrently, but in no event shall it approve the final plat for recording until the construction of improvements is guaranteed as provided in § 1248.13.
(E) Form of Approval.
(1) The approval of the final plat shall be indicated by a certification to that effect on the original tracing of the plat with the signature of the Chairperson and Secretary of the Planning Commission, the Clerk and the President of Council. Council shall obtain one duplicate tracing thereof at the developer’s expense before returning the tracing to him or her. The reason for disapproval of a plat shall be stated in the minutes of Council.
(2) In addition to the plat, drawings and specifications for the required improvements shall be indicated by a certificate to that effect on the original drawings and specifications with the signature of the City Engineer. Approval of the improvements as constructed shall likewise be certified by the signature of the Engineer.
(3) Only when final or revised final plans are acceptable to Council, having first received the recommendation of the Planning Commission, shall final approval be given. In the event that the Planning Commission recommends that said final or revised plans should not be accepted by Council, said plans shall only be approved upon the concurrence of two-thirds of the members of Council.
(F) Recording. No plat or subdivision shall be entitled to be recorded with the County Recorder or have any validity until it has been approved by the city as provided in this chapter. The Planning Commission Secretary shall have the City Engineer record the approved final plat after being reimbursed by the owner for expenses to be incurred. If any such unapproved plat is recorded it shall be considered invalid and the Planning Commission may institute proceedings to have the plat stricken from the records of the County Recorder.
(G) Effect of Approval and Recording.
(1) When drawings and specifications for improvements are approved and the construction is guaranteed, as provided in § 1248.13, the final plat may be approved and recorded, construction of improvements started, building permits issued and lots sold, leased or transferred.
(2) Occupancy permits for a building shall not be issued until streets and utilities are accepted by the city for public use. However, a temporary certificate may be issued upon the condition that the developer assumes all responsibility and posts a sufficient performance guarantee for maintenance of the streets and utilities until they are officially accepted by the city.
(H) Developers Agreement Required. Prior to the issuance of a permit to construct a major subdivision, but subsequent to all other necessary approvals delineated in this Code of Ordinances, every developer of a major subdivision within the city shall execute a Developer’s Agreement to Secure Performance of Development Plans as outlined in Appendix III
following the text of these subdivision regulations.
Ord. 52-90, passed 5-7-1990; Ord. 31-91, passed 5-6-1991; Ord. 80-92, passed 9-21-1992; Ord. 90-98, passed 7-27-1998; Ord. 189-98, passed 3-15-1999; Ord. 220-98, passed 3-15-1999; Ord. 10-16, passed 3-7-2016)