(a) Application. An application for approval of a final plat shall be filed with the Chief Building Official within one year after the Commission's approval of the Preliminary Plan. The application shall include the original tracing of the final plat, the original tracing of the drawings for the required improvements, three blackline prints of each tracing, three sets of specifications and other maps, data and certificates as required and set forth in Section 1174.04 (Final Plat and Data).
(b) The subdivider may apply for final plat approval for only that section of an approved preliminary plan of a subdivision which he proposes to develop and record as the first phase. However, the approval of the preliminary plan 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 the Commission.
(c) Review by Engineer. The Chief Building Official shall transmit two prints of each drawing and the specifications to the Engineer for a determination if:
(1) The final plat conforms to the approved preliminary plan and any special conditions or modification stipulated, and for correctness of mathematical data and computations; and
(2) The designs and details of the improvements as shown on the drawings and specifications for utilities and streets are in conformance with the design standards of these regulations.
(d) The Engineer shall return one copy of the drawings and specifications to the Commission within twenty (20) days indicating his findings and recommendations.
(e) Action by Planning Commission. If the Engineer determines the final plat, drawings and specifications are satisfactory in regard to the above provisions and if the subdivision complies with all other applicable provisions of these Regulations, the Commission shall approve it. The Planning Commission shall review and approve or disapprove the final subdivision plan within thirty (30) days after the application for approval and all required plats, maps, data, and Engineer's recommendation for approval are submitted to the Chief Building Official or within such longer period of time as the applicant may agree in writing.
(f) The Commission shall act upon the final plat, drawings and specifications, either separately or concurrently, but in no event shall it approve the final plat for recording until the improvements are constructed by the subdivider and certified by the Engineer or their construction guaranteed by the approved cash surety. The amount shall be the costs of the improvements as estimated by the Engineer. The form of the surety shall be subject to approval by the Law Director.
(g) Form of Approval. 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 Chairman and Chief Building Official. The Commission shall obtain one duplicate tracing thereof at the subdivider's expense before recording. The reason for disapproval of a plat shall be stated in the records of the Commission.
(h) The approval of the drawings and specifications for the required improvements shall be indicated by a certification to that effect on the original drawings and specifications with the signature of the Engineer. Approval of the improvements as constructed shall likewise be certified by the Engineer.
(i) Recording. The Engineer shall file the approved final plat in the office of the County Recorder. If the final plat needs to be revised after approval, other than minor corrections required by the Engineer, a reapproval shall be required. The approval of the final plat is valid for one year and such final plat shall not be recorded with the County Recorder beyond one year without the reapproval of the Planning Commission.
(j) Effect of Approval and Recording. When drawings and specifications for improvements are approved and construction guaranteed, and the final plat is approved and recorded, construction of improvements may commence, building permits may be issued and lots may be sold and transferred.
(1) The subdivider may proceed with the construction of the required improvements prior to recording of the final plat provided the final subdivision plat and improvement plans have been approved. In such case, the Engineer shall retain the final plat until all improvements are complete and certified by the Engineer or their completion is guaranteed by an approved cash surety and all other conditions have been satisfied. The final plat may be recorded only by the Engineer and shall be at the expense of the subdivider.
(2) Building permits for buildings shall not be issued until all streets and utilities are accepted for public use by Council, or a cash surety guaranteeing the completion of the improvements has been submitted to and approved by the Law Director and accepted by the Municipality.
(Ord. 2016-07-24. Passed 8-3-16.)