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 Community Development Officer at least ten days prior to the Planning Commission meeting at which the same shall be considered. The Community Development Officer 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 city 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 special or adjourned meetings as the Planning Commission 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. All further action on the plat shall be suspended until the subdivider shall respond thereto. Provided there is no further action 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 Lead City Commission, together with the plat and other data as the Planning Commission shall determine; and
(5) If the Planning Commission approves the final plat, the Chairperson and the Secretary shall sign the same.
(B) Submittal to the Lead City Commission:
(1) Upon the adoption of the motion of approval or disapproval by the Planning Commission, the final plat shall come before the Lead City Commission for review;
(2) The Lead City Commission shall have the authority to hold hearings on the final plat as it shall determine and upon notice as it shall provide;
(3) If the Lead City Commission is not satisfied with the final plat as presented, it may: disapprove the same; set forth conditions and requirements as it shall require to be fulfilled before the same is approved; or 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 Lead City Commission no later than 45 days after the action by the Lead City Commission;
(4) If the Lead City Commission 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; and
(5) The action of the Lead City Commission finally determining the matter shall be communicated by the City Finance Officer to the subdivider, and if the plat be disapproved, the City Finance Officer shall set forth the reasons given by the Lead City Commission for that determination.
(Prior Code, § 4-801)