(A) Submittal: Upon completion of all improvements as required by this title, the subdivider shall submit to the city the original tracing on reproducible Mylar and six (6) copies of the final plat within one year of the full tentative approval of the preliminary plat. The final plat shall be considered to include "as-built" plans of completed improvements or complete engineering construction plans for the proposed improvements unless substantial changes have been approved by the city engineer. However, if approval of the preliminary plat must be obtained from another approving authority subsequent to approval by the city council, the final plat shall be resubmitted within one year of such approval. The failure to submit a final plat for record within the time specified shall operate as a revocation of the tentative approval of the preliminary plat, and the subsequent subdivision of the same property shall proceed only upon a new application to the city.
(B) Exceptions; Requirements: In some instances, the city may allow the asphalt portion of the pavement to be placed at a later time, to allow for home builder construction traffic to wear on the stone base instead of the final surface. In these cases, the plan commission and the city council may at their discretion agree to accept the final plat without the asphalt construction being completed with the following requirements:
1. The asphalt pavement must be constructed by the developer within one year of final plat approval.
2. The subdivider's deposit of ten percent (10%) of the construction cost of the pavement, to act as a guarantee to the city, shall be made for a period of one year following completion of the asphalt construction.
3. Surety shall be submitted to the city which shall:
(a) Apply to the city mayor and city council;
(b) Be in the amount of one hundred ten percent (110%) of the pavement improvements to the subdivision not in place at the time of the submittal of the final plat, said amount to be determined by the city's consulting engineer assigned to review the project;
(c) Be in one of the following forms:
(1) Surety bond by a company licensed to do business in the state;
(2) Cash;
(3) An irrevocable letter of credit;
(d) Specify the time for the completion of the asphalt pavement. The time limit for completion shall be no longer than one year.
(C) Review Of Final Plat: The final plat shall then be referred to the city engineer and plan commission for review, who shall prepare a certificate showing:
1. That technical details of the plat itself have been checked and found satisfactory;
2. That all required improvements have been satisfactorily completed.
3. That a quit claim deed has been provided at final approval for all dedicated lands other than public rights of way (i.e., parks, detention basins).
(D) Approval Or Rejection Of Final Plat: The final plat and appropriate recommendations shall then be referred to the city council within forty five (45) days of its submission to the city. The city council shall approve or reject the final plat within thirty (30) days, unless the time is extended by agreement with the subdivider. In the event that the city council rejects the final plat, the reasons for rejection shall be stated in the minutes of the council meeting, and a copy thereof or a written statement of the reason for the rejection shall be supplied the subdivider by the city clerk.
(E) Recording The Final Plat: The city clerk shall, upon payment by the subdivider to the clerk of the estimated cost of recording, record the plat in the office of the county recorder of the appropriate county. A copy of the supporting documents transmitted with the final plat, after recording, shall remain on file in the office of the city clerk with one copy to the plan commission, five (5) copies with the city mayor. The final plat, with copy of the approval thereof by the city council and all supporting documents, shall be delivered to the subdivider. Fees as approved by the city council shall apply. See subsection 10-2-3(A) of this title. (Ord. 455, 4-21-1997)