After the preliminary plat has been approved, and the subdivider determines to proceed to secure approval of all or a part thereof as a final plat, the final plat shall be submitted as follows.
(A) Submittal to Planning Commission.
(1) The final plat shall be submitted to the City Engineer at least ten days prior to the Planning Commission meeting at which the same shall be considered. The City Engineer shall prepare a report thereon setting out whether or not the final plat is in substantial agreement with the preliminary plat and, if not, in which particulars it varies therefrom, and whether or not it conforms to the requirements of state law and the city’s ordinances and that the final plat meets all the conditions attached to the final approval of the preliminary plat.
(2) The Planning Commission shall consider the final plat at the meeting at which it is submitted, and may consider it at a special or adjourned meetings as it shall determine are necessary.
(3) The Planning Commission shall have the authority to recommend approval or disapproval of the final plat. If it shall determine that it cannot approve it unless certain conditions are attached, it shall by motion set forth the conditions for approval and forthwith send a copy of the conditions to the subdivider, and all further action on the plat shall be suspended until the subdivider shall respond thereto; provided that, if no further action is taken by the subdivider within a period of three months from the date of the adoption of the conditions, the plat shall be deemed to be disapproved.
(4) Final action by motion on the final plat shall be communicated forthwith to the subdivider by the Secretary of the Planning Commission, and a copy of the motion shall be sent to the Council, together with the plat, and other data as the Commission shall determine.
(5) If the Planning Commission approves the final plat, the Chairperson and Secretary shall sign the same.
(B) Submittal to the Council.
(1) Upon the adoption of the motion of approval or disapproval by the Planning Commission, the final plat shall come before the Council for review. The City Council shall either approve or deny an application for a final plat within 60 days after the completed application is filed, unless the applicant agrees to a longer time. The failure of a vote to decide an appeal or approve an application shall not be deemed to be a denial of the application. A motion to deny the application must be adopted. The facts upon which the decision is based and the reasons for the decision shall be stated in writing at the time of the decision.
(2) The Council shall have the authority to hold hearings on the final plat as it shall determine, and upon the notice as it shall provide.
(3) If the Council is not satisfied with the final plat as presented, it may:
(a) Disapprove the same;
(b) Set forth conditions and requirements as it shall require to be fulfilled before the same is approved; or
(c) Refer the same to the Planning Commission for further action as it shall determine. Upon the referral, the Planning Commission shall act thereon at the next meeting and report back to the Council no later than 45 days after the action of the Council.
(4) If the Council shall determine to accept the plat, it shall by resolution so determine, and the resolution shall provide for the acceptance of all streets, alleys, easements or other public ways, parks and other spaces dedicated to public purposes.
(5) The action of the Council finally determining the matter shall be communicated by the City Administrator to the subdivider and, if the plat be disapproved, the City Administrator shall set forth the reasons given by the Council for the determination.
(2002 Code, § 7.75) (Ord. 325, effective 12-11-1965)