1165.06 FINAL PLAT APPROVAL.

   (a)    General Provisions. The final plat shall be prepared as specified in these Subdivision Regulations, and shall conform substantially to the preliminary plat as approved. If desired by the allotter, it may constitute only that portion of the approved preliminary plat which the allotter proposes to record and develop at that time, provided that such portion conforms to all requirements of these Subdivision Regulations. The final plat and other exhibits required for approval shall be submitted to the Commission within one year after approval of the preliminary plat; otherwise such approval of the preliminary plat shall become null and void.

   (b)    When Allotter May Install Improvements. The allotter shall have approval of the final plat for record purposes prior to the installation of required improvements. If the allotter elects, he may request approval of the final plat at the same time that he requests approval of the improvement plats.

   (c)    Delivery; City Engineer's Report.

      (1)    The final plat and all other final documents shall first be delivered to the City Engineer, who shall examine the same and attach thereto his written report, specifying in what respects the final plat and documents do not comply with the approval as noted on the file copies of the preliminary plat and documents, and in what respect facts established since the approval of the preliminary plat required deviations, if any, from the preliminary approval, and setting for his recommendations concerning approval of the final plat and documents.

      (2)    Within thirty days after receipt of the final plat and documents, the City Engineer shall file them, together with his report and the file copies of the final plat and documents, with the Commission.

   (d)    Recommendations of Commission.

      (1)    The Commission shall, within forty-five days after receiving the final plat and documents from the Engineer, act thereon as submitted, or modified. If, after considering the final plat and documents, the Commission finds that the final plat and other documents conform with the preliminary plat and proposal of improvements as approved and that the allotter has complied with all provisions of ordinances and statutes entitling him to record such plat, then it shall recommend the same for approval by Council; otherwise, it shall recommend that the plat be rejected. If the Commission finds that facts established since the preliminary approval require a change or modification of the final plat and/or other documents, then it shall recommend approval or rejection accordingly.

      (2)    The recommendation of the Commission shall be by motion adopted by a majority of all its members, duly recorded in its minutes. In the event the recommendation is for rejection of the plat, the Commission shall cite its reasons for such rejection. As soon as the Commission has made its decision, it shall file the final plat, file documents of the final plat, Engineer's report and a copy of the Commission's minutes with the Council Clerk.

   (e)    Council Hearing Set; Notification to Allotter. The Council Clerk shall set the final plat and documents on the agenda at a subsequent meeting of Council, and he shall notify the allotter of the time and place of the meeting by letter at least five days prior thereto.

   (f)    Decision by Council.

      (1)    After consideration and review of the final plat and documents, the Engineer's report and the recommendation of the Commission, Council shall either approve or reject the final plat. If the decision of Council is to reject the plat, the allotter may resubmit his final plat to the Commission and then to Council for their approval in conformity with the decision of Council. The reasons for rejection of the plat shall be set forth in the Council records.

      (2)    The final approval of Council shall be by resolution adopted by a majority of all its members. If the Commission has recommended rejection of the final plat, then Council may reverse the Commission and grant approval only by a three-fourths vote of its members. The vote of each member shall be recorded in the Council minutes.

   (g)    Certification, Recording of Final Approval. Final approval shall be certified by the Council Clerk on the final plat and documents, but only after the final plat has been delivered to the Clerk in all respects ready for recording. The allotter shall file the approved final plat in the office of the Cuyahoga County Recorder and shall pay all filing costs in connection therewith. The approval of the final plat shall expire within sixty days unless within that period the plat has been duly filed and recorded and both Council and the Commission have been so notified by the allotter in writing. If the final plat is revised in any manner after approval a new approval shall be necessary. (Ord. 55-1988. Approved by voters 11-8-88.)