The Planning Commission, or its duly authorized representative, shall review the final plat, the improvement drawings and plans, and all other pertinent information, including a determination of conformance to the requirements of these regulations and shall consider the recommendations and/or comments of all city departments and/or other agencies and shall take action on the final plat within 90 consecutive calendar days, after its submission, per state-enabling legislation (KRS 100.281 (1)), unless such time is extended by agreement between the Planning Commission, or its duly authorized representative, and subdivider or developer. One of the following actions shall be taken by the Commission.
(A) Conditional approval -- improvements to be constructed. The Planning Commission may conditionally approve a plat provided that a construction agreement acceptable to the Planning Commission, or its duly authorized representative, and other applicable requirements of Section 7.19 are provided (See Article VII, Section 7.19). Written notice of conditional approval shall constitute formal authorization to the subdivider or developer to construct and install all improvements and shall assure the subdivider that the plat will be fully approved provided that the terms of the construction agreement and these regulations have been met.
(B) Final approval. When final approval of a plat is given, it shall be given in one of two ways:
(1) After construction of improvements. After the subdivider has obtained conditional approval as indicated in Article III, Section 3.6 (A) and has installed all required improvements, to the satisfaction of the Planning Commission, or its duly authorized representative, the Planning Commission, or its duly authorized representative shall certify that the improvements have been satisfactorily installed in compliance with the construction agreement. The Planning Commission then shall give final approval and the City Council shall accept all improvements for maintenance.
(2) Before construction of improvements. The Planning Commission, with approval of the City Council, may give final approval before all required improvements are installed, provided that a construction agreement and a bond acceptable to the city's Legal Counsel and the Planning Commission, or its duly authorized representative, are provided for the purpose of assuring installation of such improvements, in case for some reason, the subdivider or developer is unable to install the required improvements. The amount of the bond shall be based on an estimate made by the subdivider and approved by the Planning Commission, or its duly authorized representative (see Article VII, Section 7.20). Upon determination that all requirements of these regulations have been met, the Planning Commission shall give final approval and shall indicate such approval and date on the original drawing of the final plat.
(C) Disapproval. Should the Planning Commission decide to disapprove the final plat, written notice of such action, including reference to the regulation or regulations violated by the plat or the reasons for disapproval shall be mailed to the subdivider or developer. The action shall be entered on the official records of the Planning Commission.
(Ord. 1971-2, passed 4-6-71)