All subdivision plats shall receive their second and last consideration as final plats. No developer shall sell or agree to sell any lot until after a final plat has been approved. The following procedure shall be required for all final plats.
(A) Design plans. The developer shall have a registered surveyor or engineer prepare a final plat in conformance with the format, design and improvement requirements of these regulations. The final plat is a legal record of the subdivisions as surveyed in the field and must agree with the approved preliminary plan; except that, final plans covering a portion of the approved preliminary plat may be submitted.
(B) Time lapse. Unless a time extension has been requested by the developer and granted by the Commission, all final plats shall be submitted within 12 months of the approval date of the preliminary plat If a time period in excess of 12 months elapses, the preliminary plat must be re-submitted and approved before final plat approval can be considered.
(C) Material to be submitted. The developer must submit the following final plat materials. For maximum assurance that a plat will be considered at a certain Commission meeting, the plat materials must be submitted at least 14 days prior to such meeting.
(2) Bond for physical improvements. The Commission shall have no obligation to allow developers to post surety bonds in lieu of completed physical improvements, but it may permit said bond if it so desires. When bonds are permitted, the developer shall submit his or her cost estimates to the administrative official to cover the full cost of all physical improvements. The developer shall then post a surety bond with the staff, running to the Planning Commission for and on behalf of the Planning commission. A time period of one year shall be allowed for construction of the improvements.
(D) Distribution and review of plats. The Commission’s staff shall make copies of the final plat available to all concerned city and county agencies. The plats will be reviewed and the administrative official will summarize all recommendations for presentation in the Commission.
(E) Planning Commission review. The Commission shall consider no final plats for action until the staff has reviewed them. After review and recommendations by the administrative official, the Commission will review all recommendations and then decide upon its own recommendation that may include approval of the plat, conditional approval with conditions noted postponement or disapproval.
(F) Notification of action. After Commission action, the administrative official shall mark two copies of the plat in conformance with Commission’s action. The administrative official shall notify the developer of the Commission’s action and request him or her to pick up his or her plat.
(1) Approval. The Chairperson of the Commission has signed means the final plat or his or her authorized representative and may be recorded. After recording, the developer may sell or agree to sell lots by reference to the approved and recorded final plat, Commission approval shall not be deemed to constitute or effect an acceptance by the city or county of the dedication of any street or other proposed space offered for dedication, since such acceptance is the prerogative of the city and county legislative bodies.
(2) Conditional approval. The developer may proceed as outlined above in division (F)(1) above, but only after he has met the conditions attached to the approval.
(3) Postponement. The Commission has deterred action until some fixture Commission meeting in order that certain clarification can be made in regard to the plat.
(4) Disapproval. Complete denial of the final plat. To request review and action, the developer must revise his or her plat to conform to Commission requirements and resubmit a new set of final plats.
(G) Recording final plat. Within 90 days of the Commission’s approval, unless a time extension has been granted by the Commission previous to the expiration date, a certified copy of the final plat shall be filed for recording in the County Clerk’s office. The Commission’s action is also voided if the certified plat is altered in any manner (except for Commission requirements) between the date of the Commission approval and recording.
(H) Release of bond. If a surety performance bond has been permitted by the Commission, its release shall be approved by the Commission after all improvements, in the opinion of the administrative official, have been satisfactorily completed.
(I) Private engineer’s inspection. Before the surety performance bond is released, the developer’s engineer must certify that all physical improvements have been completed and are in full conformance with the Commission’s regulations.
(Ord. passed 10- -1977; Ord. passed 1-6-1998; Ord. passed 11-12-2001)