The final plat application shall be considered to be officially submitted when the Community Development Department has received the application and has determined that the application is complete. The application is complete if the fee and processing escrow and all information required by this chapter for a final plat application have been submitted. The Community Development Department shall make a determination of completeness within 15 days and notify the applicant in writing if the application is incomplete. The notice shall describe the missing information. If the application is complete, the timeline for approval in § 1001.057(3)d. begins upon the submittal of a complete application.
(1) The Planning and Zoning Board shall consider the final plat and the Community Development Department shall forward the Planning and Zoning Board recommendations to the City Council. The following requirements shall be met before consideration of the final plat by the Planning and Zoning Board:
(a) The final plat shall substantially conform to the approved preliminary plat and phasing plan;
(b) For plats that consist solely of individual single family residential lots, final plat applications for subsequent phases shall not be approved until building permits have been issued for 40% of lots in the preceding phase. This division applies only when the preceding phase consists of 40 or more lots; and
(c) Conditions attached to approval of the preliminary plat shall be substantially fulfilled or secured by the development agreement, as appropriate.
(2) The following requirements shall be met before consideration of the final plat by the City Council:
(a) The final plat shall substantially conform to the approved preliminary plat and phasing plan;
(b) For plats that consist solely of individual single family residential lots, final plat applications for subsequent phases shall not be approved until building permits have been issued for 40% of lots in the preceding phase. This division applies only when the preceding phase consists of 40 or more lots;
(c) City attorney approval of the status of title/property ownership related to the final plat;
(d) Completed development contract;
(e) Conditions attached to approval of the preliminary plat shall be fulfilled or secured by the development agreement, as appropriate; and
(f) All fees, charges and escrow related to the preliminary or final plat shall be paid in full.
(3) The City Council shall act on the final plat by resolution.
(4) The resolution shall include findings of fact supporting the approval or denial and shall be entered in the proceedings of the City Council.
(5) The lack of a simple majority Council vote to affirmatively approve the final plat shall be a denial of the requested application.
(6) The City Council shall take action on the application for a final plat within 60 days following submittal of an application completed in accordance with the regulations of this chapter if the applicant has complied with all conditions and requirements of applicable regulations and all conditions and requirements upon which the preliminary approval is expressly conditioned either through performance or the execution of appropriate agreements assuring performance. This period may be extended if an extension is agreed to by the applicant.
(Ord. 04-03, passed 2-24-2003; Am. Ord. 02-09, passed 2-23-2009.)
Cross-reference:
City fee schedule, see § 218.01