(A) Discussion of requirements. Following the approval of the sketch plat in the case of a minor subdivision, or of the preliminary plat in the case of a major subdivision, the applicant, if he wishes to proceed with the subdivision, shall file with the Plan Commission an application for final approval of a subdivision plat.
(B) Application. The application shall:
(1) Be made in duplicate forms available at the office of the Administrator.
(2) Be presented to the Administrator at least ten days prior to a regular meeting of the Commission to provide sufficient time for staff and technical committee review, and the legal ten days notice if required locally.
(3) Be accompanied by a minimum of three copies of the final plat which shall comply substantially with the sketch plat or preliminary plat, as approved, whichever is applicable, depending upon the classification of the subdivision.
(4) Be accompanied by a minimum of three copies of complete final construction plans, as described in these regulations. Should any modification of these plans be made in the actual construction of these improvements, “as built” drawings shall be submitted upon completion.
(5) Be accompanied by all formal irrevocable offers of dedication to the public of all streets, utilities, parks, easements, and other local government uses in a form approved by the Town Attorney. In addition, the subdivision plat shall be marked with a notation indicating the formal offers of dedication as follows:
The owner, or a representative, irrevocably offers for dedication to the town all the streets, local government uses, easements, parks, and required utilities shown on the subdivision plat and construction plans.
Signature
Date
(6) Be accompanied by a general warranty deed to all lands offered for dedication in proper form for recording.
(7) Be accompanied by a performance bond or other instrument in a form satisfactory to the Town Attorney and in an amount established by the Plan Commission upon recommendation of the Town (See § 152.32 (E) of this section). It shall include a provision that the principle of the bond shall comply with all the terms of the resolution of final subdivision plat approval as determined by the Commission and shall include, but not be limited to, the performance of all required subdivision and off-site improvements, and that all improvements and land included in the irrevocable offer of dedication shall be dedicated to the town free and clear of all liens and encumbrances on the premises.
(C) Endorsements by other public authorities. The final subdivision plat shall be properly endorsed by appropriate authorities to assure the Commission that the plat is in compliance with all rules, regulations, and requirements of local and state authorities.
(D) Approval procedure. Upon receipt of formal application and all accompanying material, the Administrator shall:
(1) Assign a docket number and place the application for final approval on the agenda of the next scheduled meeting of the Plan Commission providing the submittal of the application is in compliance with division (B)(2), above, two weeks after the date of the application.
(2) Maintain file copies of the plat and construction plans for public review prior to the meeting.
(E) Consideration and determination.
(1) At the meeting the Commission will give an opportunity to any interested persons to examine or comment upon the plat and construction plans.
(2) One copy of the final subdivision plat shall be returned to the subdivider with the date of approval, conditional approval, or disapproval, noted thereon, and the reasons therefore, in writing, accompanying the plat.
(F) Submission for final review.
(1) Subsequent to the approval of the Plan Commission, three paper copies of the construction plans, three copies of the subdivision plat on tracing doth, reproducible mylar, or sepia paper, and two copies of the subdivision plat on paper shall be submitted to the Commission for the required signatures. The permanent copies, with signatures, will be made available to the County Recorder, Plan Commission, and applicant. All copies shall be of a size as acceptable for filing in the office of the County Recorder, but shall not be larger than 18 x 24 inches.
(2) No final approval shall be endorsed on the plat until a review has indicated that all requirements of Commission approval have been met.
(G) Vested rights.
(1) No vested rights shall accrue to any plat by reason of preliminary or final approval until the actual signing of the plat by the President of the Plan Commission, and attest action by the Secretary.
(2) All requirements, conditions, or regulations adopted by the Commission applicable to the subdivision, or on all subdivisions generally, shall be deemed a condition for any subdivision prior to the time of the signing of the final plat by the President and attested to by the Secretary.
(3) Where the Commission has required the installation of improvements prior to signing of the final plat, the Commission shall not unreasonably modify the conditions set forth in the final approval.
(H) Signing of plat.
(1) When a bond is required, the President and the Secretary shall endorse approval on the plat only after the bond has been approved by the Town Council, and all the conditions of the approval pertaining to the plat have been satisfied.
(2) When installation of improvements is required, the President and the Secretary shall endorse approval on the plat after all conditions of the resolution have been satisfied and all improvements satisfactorily completed. There shall be written evidence that the required public facilities have been installed in a manner satisfactory to the local government as shown by a certificate signed by the Town Engineer and Town Attorney that the necessary dedication of public lands and improvements has been accomplished.
(I) Recording of plat. The President and Secretary will sign the reproducible mylar, tracing cloth, or sepia prints of the subdivision plat and return two copies to the applicant, one of which is to be recorded with the County Recorder. A signed copy of the construction plans shall also be returned. It shall be the responsibility of the subdivider to file the plat with the County Recorder within 30 days of the date of signature. Simultaneously with the filing of the plat, the subdivider shall record the agreement of dedication together with the legal documents required to be recorded by the Town Attorney.
(J) Sectionalizing of plats.
(1) Subsequent to granting preliminary approval of a major subdivision plat, the Commission may permit the plat to be divided into two or more sections and may impose such conditions upon the filing of the sections as it may deem necessary to assure the orderly development of the plat. The Commission may require that the performance bond or other instrument be in an amount commensurate with the section or sections of the plat to be filed and may defer the remaining required performance bond principal amount until the remaining sections of the plat are offered for final approval. The same policy shall apply to installation of improvements.
(2) The developer may also file irrevocable offers to dedicate streets and public improvements in the sections offered to be filed and defer filing offers of dedications for the remaining sections until the sections, subject to any conditions imposed by the Commission, shall be granted final approval.
(3) In the event of approval of sectionalizing, the sections authorized by the Commission shall be filed with the County Recorder. The sections must contain at least 10% of the total number of lots contained in the entire plat.
(4) The approval of all remaining sections not filed with the County Recorder shall automatically expire unless such sections have been approved for filing by the Commission, all fees paid, all instruments and offers of dedication submitted, and performance bonds approved and actually filed with the County Recorder within two years of the date of preliminary approval of the subdivision plat unless extended by the commission. (See § 152.32 (G) of this subchapter).
(Ord. 93-Z-03, passed 3-8-93)