(A) Final plats generally.
(1) Purpose. The purpose of a final plat is to ensure:
(a) Consistency with standards. That the proposed subdivision and development of the land is consistent with all standards of development pertaining to the adequacy of public facilities;
(b) Provide for public improvements. That public improvements to serve the subdivision or development have been installed and accepted by the town, or that provisions for such installation has been made;
(c) Other requirements and conditions. That all other requirements and conditions have been satisfied or provided for, to allow the final plat to be approved recorded; and
(d) Meets all other standards of development. Ensure that the subdivision meets all other standards of development to enable initiation of site preparation activities for any lot of tract subject to the final plat.
(2) Exceptions. A final plat is not required when a minor subdivision plat is submitted (refer to § 154.296, minor subdivision plat).
(3) Ownership. Proof of ownership required.
(a) The applicant shall furnish with the application a current title commitment issued by a title insurance company authorized to do business in state, a title opinion letter from an attorney licensed to practice in the state, or some other acceptable proof of ownership, identifying all persons having an ownership interest in the property subject to the final plat.
(b) The final plat shall be signed by each owner, or by the representative of the owners authorized to sign legal documents for the owners, effectively denoting that they are consenting to the platting of the property and to the dedications and covenants that may be contained in the final plat.
(4) Prior approved preliminary plat required. The final plat and all accompanying data shall conform to the approved preliminary plat or as the preliminary plat may have been subsequently amended.
(5) Maintenance bond required.
(a) Per requirements established and maintained by the Town Engineer, the applicant shall furnish maintenance bonds to the town for public improvements.
(b) Maintenance bond value shall be set at 120% of the approved estimated cost for the to the town for public improvements and will be held for a minimum of three years. Estimated cost shall be approved by the Town Engineer.
(B) Review and approval action.
(1) The Zoning Administrator shall:
(a) Initiate review of the final plat and materials submitted;
(b) Request written comments from other municipal departments and/or outside agencies, if deemed necessary; and
(c) Upon determination that the application is ready to be acted upon, schedule the final plat for consideration on the agenda of the next available Planning Commission meeting.
(2) The Planning Commission shall:
(a) 1. Review the final plat application, the findings of the Zoning Administrator, and any other information available.
2. From all such information, the Planning Commission shall determine whether the final plat conforms to the regulations of this chapter.
(b) Act within 60 calendar days following the application’s official filing date, unless the applicant submits a waiver of right to 60-day action. If no decision is rendered by the Planning Commission within the 60-day period or such longer period as may have been agreed upon, the final plat, as submitted, shall be deemed to be approved by the Planning Commission.
(c) Take one of the following actions:
1. Approve the final plat;
2. Approve the final plat with conditions, which shall mean that the final plat shall be considered to have been approved once such conditions are fulfilled; or
3. Deny the final plat.
(3) The Town Board of Trustees shall:
(a) 1. Review the final plat application, the findings of Zoning Administrator, the decision from the Planning Commission, and any other information available.
2. From all such information, the Town Board of Trustees shall determine whether the final plat conforms to the regulations of this subdivision regulations.
(b) 1. Act within 60 calendar days following the action of the Planning Commission on the final plat, unless the applicant submits a waiver of right to 60-day action.
2. If no decision is rendered by the Town Board of Trustees within the 60-day period or such longer period as may have been agreed upon, the final plat, as submitted, shall be deemed to be approved.
(c) Take one of the following actions:
1. Approve the final plat;
2. Approve the final plat with conditions, which shall mean that the final plat shall be considered to have been approved once such conditions are fulfilled; or
3. Deny the final plat.
(C) Criteria for final plat approval and recordation. The following criteria shall be used to determine whether the final plat application shall be approved, approved with conditions or denied:
(1) Prior approved preliminary plat.
(a) The final plat conforms to the approved preliminary plat;
(b) All conditions imposed at the time of approval of the preliminary plat, if any, have been satisfied;
(d) Where public improvements have been installed, the improvements conform to the approved construction plans and have been approved by the building inspector;
(e) The final layout of the subdivision or development meets all standards for adequacy of public facilities contained in this chapter;
(f) The final plat conforms to design requirements and construction standards as set forth in this chapter;
(g) The final plat is consistent with the zoning of the property; and
(h) The final plat conforms to all requirements of this chapter.
(2) Final plat recordation.
(a) Prior to approval of the final plat, [missing text?]
(b) After approval of the final plat, the Zoning Administrator shall procure the appropriate signatures on the plat. The Zoning Administrator shall cause the final plat to be recorded with the appropriate County Clerk upon receiving the appropriate signatures.
(3) Revisions to final plat.
(1) Any final plat that has been approved by the Town Board of Trustees, but not recorded with the County Clerk, which is found to contain erroneous descriptions or are otherwise defective, may be corrected by the applicant and approved by the Zoning Administrator.
(2) Once the final plat has been filed and recorded with the County Clerk, revisions may only be processed and approved as a replat or amending plat.
(Ord. 382, passed 7-8-2021)