(A) Filing of final plat. The owner or subdivider of a subdivision shall file 12 printed copies of the final plat not later than six months after the date of approval of the preliminary plat; otherwise, the preliminary plat and final plat will be considered void unless an extension is requested, in writing, by the subdivider and for good cause granted by the Council. The final plat shall be in such form and contain such information as required in state law and § 158.024 of this chapter.
(B) Conformance to preliminary plat.
(1) The final plat shall conform to the preliminary plat, as approved, including any conditions thereof. The Council may allow the subdivider to submit a final plat which includes only a portion of the approved preliminary plat.
(2) City staff shall examine the final plat to determine whether it conforms to the preliminary plat, as approved, including, but not limited to, compliance with all requirements deemed necessary to preserve neighborhood aesthetics or to protect the health, safety and welfare of neighboring landowners and the future residents within the subdivision.
(3) City staff shall determine whether the final plat, as submitted, conforms with the terms of the Council approval of the preliminary plat, including, but not limited to, compliance with all requirements deemed necessary to preserve neighborhood aesthetics and to protect the public health, safety and welfare of neighboring landowners and future residents within the subdivision, and shall report its findings to the Council. If city staff, in its sole discretion, determines that a final plat contains significant deviations from what was contemplated during preliminary review and recommendation, which shall be forwarded to the Council together with the recommendation from city staff.
(C) Approval or disapproval. Upon receipt of the recommendation from staff and, if applicable, the Planning and Zoning Commission, the Council may approve or disapprove the final plat and authorize that it be signed by the Mayor and the City Administrator; provided that all other requirements are met.
(D) Plat opinion; title insurance. The final plat shall adhere to all requirements of the City Attorney, including all requirements contained in the City Attorney’s plat opinion, which shall be a prerequisite of the city’s execution of the final plat. The subdivider shall also have issued, at its sole expense, a title insurance policy in the name of the city in an amount acceptable to the city so as to ensure for the dedications made on the final plat.
(E) Recording of final plat. If the final plat is approved, the subdivider shall, within six months, record it with the County Recorder’s office or the county’s Examiner of Titles and, within ten days of recording, furnish the city with a reproducible copy of the final plat showing evidence of the recording; otherwise, the approval of the final plat shall be void, and the City Administrator shall so notify the County Recorder’s office or the county’s Examiner of Titles.
(F) Re-approval. In the event the plat is not recordable as approved or the subdivider fails to record within the time prescribed herein, the Council may re-approve the final plat upon payment of the plat reapproval fee as specified in the Table of Special Ordinances of this code of ordinances and the following terms and conditions:
(1) The subdivider proves to the satisfaction of the Council that the delay was caused by conditions beyond the control of the subdivider;
(2) The extension of time requested has or will have no adverse effect on the city or property owners of the city; and
(3) The Council shall set the time limit of the extension requested, but in no event shall it exceed six months.
(Prior Code, § 1202.07) (Ord. 792, passed 05-29-2007; Ord. 844, passed 05-20-2010; Ord. 860, passed 10-06-2011; Ord. 972, passed 02-10-2020)