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(A) Purpose. The purpose of the final plat is to create a record document which accurately describes the subdivided land, both as to accurate dimensions, and as to legal provisions which are pertinent to the subdivision. Much of the reason for this step is to make the transfer of the land more simple and certain. Land sales by reference to a legally filed plat are generally less complicated and more likely to provide the precise legal situation sought. The certainty of such sales derives from the assurance of an accurate survey and processes designed to assure the provision of facilities necessary to service the land.
(B) At the time the final plat and final plat checklist are submitted to the Community Development Department, the subdivider shall take one of the following courses of action:
(1) If the subdivider elects to, deposit the surety bond as specified in § 156.026, he or she shall submit plans for all improvements required under this chapter, such plans to bear the approval of the Planning Commission. Upon completion of a portion of the construction of the required improvements, the Planning Commission may release a portion of the surety bond in the amount of the costs of the constructed improvements, as estimated by the Planning Commission, Secretary or municipal staff. Before any portion of the surety bond may be released, the City Engineer, City Building Inspector or City Manager shall approve the as-built plans and specifications for that portion of the improvements for which the subdivider has requested release of the surety bond;
(2) If the subdivider elects to complete all improvements as specified in the preliminary plat, he or she shall submit the as-built specifications and as-built original tracings of all improvements. If the Secretary of the Planning Commission finds that the as-built plan and specifications comply with requirements, and that the actual construction is as shown in the plans and specifications, he or she shall endorse his or her approval thereon.
(C) All actions of the Planning Commission, whether approving final plats for all or part of an area shown in a preliminary plat shall, in so far as the plat involves dedications to the public, constitute only an authorization for the subdivider to submit the plat to the City Council to which the dedications are proposed. Such Planning Commission actions shall not constitute an acceptance of dedication or a commitment to accept dedication.
(D) Applicability. A final plat shall be required for subdivisions of property and the recording of single lots in accordance with these regulations.
(E) Application procedure and requirements. A final plat for minor subdivisions may be approved by the Community Development Director. A final plat for a major subdivision shall require approval by the Planning Commission. Final plats shall comply to the preliminary plat where applicable. The application shall be accompanied by the following:
(1) Four mylar and four paper copies of the proposed final plat bearing all information specified in these regulations and the following:
(a) The final plat shall be clearly and legibly prepared by a surveyor or engineer. The size of the map shall not be less than 22 inches by 34 inches and shall be drawn to the scale of one inch equals 100 feet, unless the Community Development Director authorizes a different scale in writing.
(b) Notice statement. "Notice: Selling a portion of this addition by metes and bounds is a violation of city ordinance and state law and is subject to fines and withholding of utilities and building permits."
(c) Name of subdivision and the name and number of any larger subdivision of which this tract now subdivided was once a part.
(d) Number of lots and the acreage platted.
(e) Boundary lines. The boundary lines with accurate distances and bearings and the exact location and width of all existing or recorded streets intersecting the boundary of the tract.
(f) Bearing distances. True bearings and distances to the nearest established street lines and monuments, which shall be accurately described on the plat.
(g) Property offered for dedication. The accurate outline of all property which is offered for dedication for public use, and of all property that may be reserved by covenant in the deeds for the common use for the common use of the property owners in the subdivisions, with the purpose indicated thereon.
(h) The exact layout including:
1. Street and alley fines, including their names, bearings, angles of intersection and widths (including widths along the line of any intersecting street):
2. The length of all arcs, radii, internal angles, points of curvature, length, and bearings of the tangents.
3. All easements for rights-of-way provided for public services or utilities and any limitations of the easements.
4. All lot numbers and lines with accurate dimensions in feet and hundredths of feet and with bearings and angles to street and alley lines.
5. The location of the centerline of creeks or drainage ways with accurate dimensions in feet and hundredths of feet with bearings and angles.
(i) The accurate location, material, and size of all monuments approved by the City Engineer.
(j) Building setback lines for residential properties.
(k) Special restrictions including, but not limited to, drainage and floodway, fire lanes, and screening.
(l) In case the subdivision is traversed by water course, channel, stream, or creek, the prior or present location of such water course, channel, stream, or creek shall be shown on the plat and the boundary of the regulatory flood and the ten-year flood. It will be assumed that there is no significant difference between the two and the regulatory flood will be used, unless the owner shows the ten-year flood on the map.
(m) North point, scale, and date.
(n) Legal description according to the real estate records maintained by the County Clerk's office and area calculations.
(o) Location by section, town, range, township, county and state.
(p) Title of document and a vicinity sketch drawn to a scale of a maximum of 2,000 feet to the inch.
(2) Formal irrevocable offers of dedication to the public of all streets, local government uses, utilities, parks, and easements, in a form approved by the City Attorney. The plat shall be marked with a notation indicating the formal offers of dedication.
(3) The improvement agreement and security, if required, in a form satisfactory to the City Attorney and in an amount established by the Planning Commission upon recommendation of the City Engineer and shall include a provision that the property owner shall comply with all the terms of the final plat approval as determined by the Planning Commission.
(4) As-built construction plans, where applicable.
(5) Covenants and deed restrictions, if any.
(6) Accurate legal description.
(7) Certification by a registered public surveyor to the effect that the plat represents a survey made by him or her and that all the monuments shown thereon actually exist, and that their location, size, and material description are correctly shown, and that the survey correctly shows the location of all visible easements and rights-of-way and all rights-of-way, easements and other matters of record affecting the property being platted.
(8) The County Clerk's office and applicable state statutes may require additional information to be submitted or included on the final plat.
(F) Standards for approval. No final plat shall be approved by the Community Development Director, the Planning Commission or the City Council unless the following standards have been met:
(1) The plat substantially conforms to the preliminary plat.
(2) Required public improvements have been constructed and are ready to be accepted, and/or an improvement agreement has been accepted by the city providing for the subsequent completion of improvements.
(3) The plat conforms to applicable zoning and other regulations.
(4) Provision has been made for adequate public facilities under the terms of this chapter.
(5) The plat meets all other requirements of this chapter.
(G) Approval procedure. After review of the final plat, the Community Development Director shall place the final plat for consideration on the agenda of a public meeting of the Planning Commission. Minor plats may be approved by the Community Development Director or referred to the Planning Commission in accordance with these regulations. In the event of disapproval, reasons for disapproval shall be stated. One copy of the final subdivision plat shall be returned to the applicant with the date of approval, conditional approval or disapproval noted on the final plat, and, if the final plat is disapproved, the reasons for disapproval accompanying the final plat.
(H) Appeals. If the Planning Commission disapproves the final plat, the applicant may appeal to the City Council in the manner prescribed in these regulations.
(I) Certificate of compliance. Upon final approval of a final plat required by these regulations, the Planning Commission shall issue to the person applying for approval a certificate stating that the final plat has been approved by the Planning Commission and/or the City Council. For purposes of this section, final approval shall not occur until all conditions of approval have been met.
(J) Signing and recording of final plat.
(1) When an improvement agreement and security are required, the Chairman of the Planning Commission, or the Mayor, if approval has been granted by the City Council, and the Community Development Director or City Engineer shall endorse approval on the final plat after the agreement and security have been approved by the Planning Commission, and all the conditions pertaining to the final plat have been satisfied.
(2) When installation of public improvements is required prior to recordation of the final plat, the Chairman of the Planning Commission or the Mayor, if the plat has been approved by the City Council, and Community Development Director or City Engineer shall endorse approval on the final plat after all conditions of approval have been satisfied and all public improvements satisfactorily completed. There shall be written evidence that the required public improvements have been installed in a manner satisfactory to the city as shown by a certificate signed by the City Engineer stating that the necessary dedication of public lands and installation of public improvements has been accomplished.
(3) It shall be the responsibility of the applicant to file the final plat with the County Clerk. Simultaneously with the filing of the final plat, the applicant shall record such other agreements of dedication and legal documents as shall be required to be recorded by the City Attorney. The final plat, bearing all required signatures, shall be recorded after final approval and within ten working days of its receipt. One copy of the recorded final plat shall be returned to the city prior to the issuance of any building permits.
(K) Effect of approval. Approval of a final plat shall certify compliance with the regulations of the city pertaining to the subdivision of land. An approved and signed final plat may be filed with the county as a record of the subdivision of land and may be used to reference lots and interests in property thereon defined for the purpose of conveyance and development as allowed by these regulations.
(L) Lapse of final plat approval. The approval of a final plat shall be effective for a period of six months from the date that the final plat is approved by the Planning Commission or the City Council, at the end of which time the applicant must have met the requirements for recording of the final plat with the County Clerk. If the applicant has not met the requirements for recording of the final plat with the County Clerk within six months, or an extension is not granted in accordance with these regulations, the final plat approval shall be null and void, and the applicant shall be required to submit a new plat for review subject to the then existing zoning restrictions and subdivision regulations. No certificate of occupancy or change of occupancy permit will be allowed for the property until the applicant has met the requirements for filing of the final plat with the County Clerk.
(Ord. 1573, passed 11-13-07)