1115.06 MAJOR SUBDIVISION: FINAL PLAT.

   (a)    Application. An application for approval of a final plat shall be filed with the secretary of the Planning and Zoning Commission within one year after 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-on-white prints of each tracing, three sets of specifications and other maps, data and certificates as required and set forth in Section 1121.04.

   The developer may obtain conditional approval of the plat and install the required improvements before applying for approval of the final plat, or alternatively, he may apply for approval of the final plat and drawings and specifications of required improvements concurrently and furnish a performance guarantee bond, a surety bond or security in such form as may be approved by Council, in the amount of 100 percent of the estimate of all the improvements guaranteeing that he will install all the improvements thereafter within two years of the approval of the final plat unless an extension of time is granted by Council. If approved, the developer may construct sections of the improvements before approval of the final plat and furnish a performance guarantee bond, a surety bond or security for the construction of the remaining improvements.

   If, however, after two years, or after the period of extension granted by Council, the improvements have not been installed, Council may authorize the work to be completed and may then proceed against the developer and its surety for reimbursement.

   The developer may apply for final plat approval for only that section of an approved preliminary plan of a subdivision which he proposes 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 Municipal Engineer. The secretary of the Planning and Zoning Commission shall transmit two prints of each drawing and the specifications to the Municipal Engineer for determination if:

      (1)    The final plat conforms to the approved preliminary plans and any special conditions or modification 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 are in conformance with the plans for utilities and streets and constructed in conformance with the approved standards of the Municipality. One copy of the drawings and specifications shall be returned to the Commission within ten days, indicating the Engineer's findings and recommendations.

   (c)    Planning Commission Action. If the Engineer determines that the final plat, drawings and specifications are satisfactory in regard to the aforesaid 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 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 are constructed by the developer or their construction guaranteed by an approved surety bond. The amount of the bond shall be the estimated costs of the improvements, as estimated by the Engineer. The form of the bond shall be approved by the Law Director.

   (d)    Approval; Disapproval. The approval of the final plat shall be indicated by a certification to that effect on the original tracing of the plat with the signatures of the chairman and secretary of the Commission. 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.

   The approval of the drawings and specifications for the required improvements shall be indicated by a certification to that effect on the original drawings and specifications with the signature of the Municipal Engineer. Approval of the improvements as constructed shall likewise be certified by the Engineer.

   (e)    Recording. The developer shall file the approved final plat in the office of the County Recorder. The approval of the Commission shall expire within sixty days unless within that period, the plat has been duly filed and recorded and the Commission so notified by the developer in writing. If the final plat is revised in any manner after approval, a new approval shall be necessary.

   (f)    Approval and Recording. If drawings and specifications for improvements are approved and construction guaranteed, the final plat may be approved and recorded, construction of improvements started, building permits issued, and lots may be sold, leased or transferred.

   Occupancy permits for a building shall not be issued until streets and utilities are installed for public use.

(Ord. 69-38. Passed 4-20-70.)