(a) PURPOSE. A final subdivision plat is a record of the approved subdivision, as surveyed in the field. It shows property lines and other dimensions important to the developer in selling lots and to the public in maintaining accurate records of street lines, easements, utility locations and other property information. Review and approval of final subdivision plats is required in order to determine if lots, dedications and improvements comply with the approved preliminary subdivision plat (if one was required) and with all applicable regulations.
(b) APPLICABILITY. The final subdivision plat approval procedures of this section must be followed for all proposed land divisions that do not qualify as exempt subdivisions under the Illinois Plat Act. For subdivisions other than minor subdivisions (See Sec. 35-2108), review and approval of a preliminary subdivision plat is required before the filing of an application for final subdivision plat approval.
(c) REVIEW CRITERIA. In order to be approved, the applicant must demonstrate that the proposed final subdivision plat:
(1) Is in substantial compliance with the approved preliminary subdivision plat (if one was required) and with any conditions of approval placed on the preliminary subdivision plat; and
(2) Complies with all applicable regulations of this Code and other laws and ordinances, unless previously waived or modified by the entity with jurisdiction.
(3) A final subdivision plat may not be approved until an improvement plan (if one was required) has been approved in accordance with Sec. 35-2109 and:
a. All required improvements have been completed; or
b. A performance guarantee has been provided in accordance with Sec. 35-4209; and
c. Necessary title assurances have been given.
(d) DECISION-MAKER. The zoning administrator is authorized to take final action to approve or deny applications for final subdivision plat approval except those that involve dedications of land or public improvements to the City. Only the City Council is authorized to take action on final plats that include offers to dedicate land or improvements to the City. Such action shall be in accordance with 65 ILCS 5/11-12-8.
(e) APPLICATION AND REVIEW PROCEDURES.
Application requirements, processing procedures and decision-making are described in Table 35-2100.1 and Sec. 35-2101, with the following modifications:
(1) Effect of Approval; Recording. Once a final plat has been approved, it must be recorded with the Rock Island County Recorder of Deeds. Once the approved final plat has been recorded, lots may be offered for sale and conveyed, and permits may be issued for building and construction on such lots. The Rock Island County Recorder of Deeds may not record any final plat of a subdivision located within the subdivision jurisdiction of the City of Moline until that final plat has been approved by the City.
(2) Validity. If an approved final plat is not recorded with the Rock Island County Recorder of Deeds within 90 days of the date of approval by the City, the final plat approval shall lapse and be null and void.
(3) Appeals. The applicant may appeal a decision of the zoning administrator to deny final subdivision plat approval by filing a written appeal with the zoning administrator. Such appeals must be filed within 10 days of the date of the decision being appealed. If an appeal is filed, the plan commission shall consider the final plat application as a new matter and take final action using the same requirements and criteria that apply to final subdivision plat decisions made by the zoning administrator.
(4) Acceptance of Dedications.
a. Only the City Council is authorized to accept offers to dedicate land or improvements to the City.
b. All facilities and improvements proposed to be dedicated to the public must be maintained by the property owner until the offer of dedication has been officially accepted by the City or other authorized pubic authority. In order to ensure proper maintenance of streets and other public improvements, a maintenance guarantee may be required. (See also Sec. 35-4210)
c. The City may not accept an offer of dedication of any improvements until the City engineer or a competent professional approved by City and retained by the developer has certified to the City, by completing and filing with the City clerk a document, stating that such improvements have been constructed in accordance with the requirements of this Code and any other applicable standards.