(A) Filing.
(1) After the preliminary plat has been approved, the final plat shall be submitted for review as set forth in the divisions which follow. The city may agree to review the preliminary and final plat simultaneously. The final plat shall incorporate all changes, modifications, and revisions required by the city. Otherwise, it shall strictly conform to the approved preliminary plat.
(2) The application for final plat shall be accompanied by electronic and print copies of a preliminary plat and supportive information in conformity with requirements of this chapter and application checklists.
(B) Approval of the City Council.
(1) The final plat shall be submitted to the Zoning Administrator for distribution to the City Council and appropriate city staff. The city staff shall examine the final plat and prepare a recommendation to the Council. The Council shall certify final approval within 60 days if the applicant has complied with all conditions and requirements of applicable regulations and conditions and requirements of the preliminary plat approval.
(2) If approved, the final plat and development agreement shall be approved by resolution, which resolution shall provide for the acceptance of all agreements for basic improvements, public dedication, and other requirements as indicated by the City Council. If disapproved, the grounds for any refusal to approve a plat shall be set forth in the proceedings of the Council and reported to the person or persons applying for such approval.
(C) Development agreement. Before a final plat is approved by the City Council and prior to recording or registering a final plat, the owner or subdivider of the land covered by the plat shall execute and submit to the Council an agreement, which shall be binding on his, her, or their heirs, personal representatives, and assigns, which embodies the terms and conditions of the approval given by the Council, including, but not limited to, requirements set forth in this chapter and which controls the installation of all required improvements. The agreement will require all improvements in compliance with approved engineering standards and applicable regulations. Said development agreement shall provide for the supervision and inspection of the construction by the City Engineer and shall provide for the fees and securities in connection to the improvements.
(D) Existing special assessments. When any existing special assessments which have been levied against the property described are to be divided and allocated to the respective lots in the proposed plat, city staff shall:
(1) Estimate the clerical cost of preparing a revised assessment role;
(2) File the same with the County Auditor; and
(3) Make such division and allocation.
(E) Recording final plat.
(1)
If the final plat and development agreement are approved by the City Council, the applicant shall record them with the County Recorder within 365 days after the approval or approval of the final plat shall be considered void, unless a request for a time extension is submitted in writing and approved by the Council. The applicant shall, immediately upon recording, furnish the Zoning Administrator with a print and reproducible tracing of the final plat showing evidence of the recording.
(2) A final plat will not be released by the city for recording purposes until the applicant has satisfied applicable ministerial requirements of this chapter, including payment of fees, execution of a developer’s agreement, deposit of surety, letters of credit, Mylar copies of the final plat, easement and deed documents, and all other requirements of approval by resolution.
(3) No building permits shall be let for construction of any structure on any lot in the plat until the construction plans have been approved by the city, the city has received evidence of the plat and development agreement being recorded by the county and the provisions of the subdivision’s development agreement have been satisfactorily met.
(F) Recording of multiple-phased plats. If a preliminary plat is final platted in stages, unless otherwise provided for in the development contract, all stages must be final platted into lots and blocks (not outlots) within three years after the preliminary plat has been approved by the City Council. If the final plats are not approved and recorded in accordance with this time frame, the preliminary plat approval shall be considered void, unless a request for time extension is submitted in writing and approved by the Council prior to the expiration of the three-year period.
(G) Extension. Within 30 days of the deadline of recording of the final plat, the applicant may file with the Zoning Administrator a written request that said deadline be extended six months beyond the date the extension is granted. The Zoning Administrator shall place the request on the agenda of a regularly scheduled City Council meeting to be held within 30 days of the extension filing if in their opinion no change has occurred in any land use restriction or the Comprehensive Plan, or any other official control affecting the use, development density, lot size, lot layout, or dedication or platting required or permitted by the preliminary plat.
(Ord. 772, passed 3-14-2022)