1109.05 MAJOR SUBDIVISION; FINAL PLAT.
(a) Application. An application for approval of a final plat shall be filed with the Secretary of the Commission within one year after the Council's approval of the preliminary plan and authorization to proceed unless the Commission extends the time. The application shall include the original tracing of the final plat, the original tracing of the drawings for the required improvements, three black-line prints of each tracing, three sets of specifications and other maps, data and certificates as required and set forth in Section 1115.04.
The developer may obtain approval of the plat prior to the installation of the required improvements. Alternatively, he may apply for approval of the final plat and include drawings and specifications of required improvements and concurrently furnish an approved performance guarantee bond or cash surety that he will install the improvements thereafter. Such bond or surety shall be in the form as set forth in subsection (c) hereof.
The developer may apply for final plat approval for only that section of an approved preliminary plan of a subdivision for which he proposed to develop and record as the first stage; however, the approval of any section 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.
(b) Review by the Engineer. The Secretary of the Commission 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 plans and any special conditions or modifications stipulated, and for correctness of mathematical data and computations; and
(2) The designs and details of the required improvements as shown on the drawings and specifications for utilities and streets are in conformance with the approved standards of the City. One copy of the drawings and specifications shall be returned to the Commission within ten days indicating his findings and recommendations.
(c) Action by the 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. Action shall be taken within one month after the meeting at which the application for approval and all required plats, maps and data were submitted to the Commission, or within one month after an extension of time set by the Commission. 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 either are constructed by the developer or their construction guaranteed by an approved performance guarantee bond or a cash surety. The amount shall be the costs of the improvements as estimated by the Engineer. The form of the bond shall be subject to approval by the Law Director. After the final plat has been approved by the Commission, it shall be submitted to Council for its approval prior to recording.
(d) 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 Secretary of the Commission and of the Clerk of Council. The Commission shall obtain one duplicate tracing thereof at the developer's expense before returning the tracing to him. The reason for disapproval of a plat shall be stated in the records of the Commission or the minutes of Council.
The approval of the drawing and specifications for the required improvements shall be indicated by a certification to that effect on the original drawings and specification with the signature of the Engineer. Approval of the improvements as constructed shall likewise be certified by the Engineer.
(e) Recording. The Engineer shall file the approved final plat in the office of the County Recorder. The approval of the Commission and Council shall expire within sixty days unless within that period the plat shall have been duly filed and recorded and the Commission and Council so notified by the developer in writing. If the final plat is revised in any manner after approval, a new approval will be necessary.
(f) 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.
The developer 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 performance guarantee bond or a cash surety and all other conditions have been satisfied. If the improvements are not completely installed within one year from the date of approval, the approval shall lapse and the developer must resubmit the final plat before proceeding with any aspect of development. The final plat may be recorded only by the Engineer and shall be at the expense of the developer.
Occupancy permits for building 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 and accepted by the City.
(Ord. 1991-18. Passed 5-12-92.)