(a) Application to Planning Commission. When filing an application of final plat, upon approval of the preliminary plat, the subdivider shall submit to the City Manager for transmittal to the Planning Commission at least ten days prior to a regular meeting of the Commission , an original final plat plus three copies to meet requirements of subsection (g) hereof. All final plats and other exhibits required for approval shall be submitted to the Commission within one year after approval of the preliminary plat. Otherwise, such approval shall become null and void unless an extension of time is applied for and granted by the Commission.
(b) Action by City Engineer. The City Manager upon receipt of the final plat shall transmit one copy to the City Engineer. The City Engineer shall determine if the final plat meets the requirements of these Land Subdivision Regulations and he shall determine the status of improvements or if approval is requested prior to development of the improvements, he shall estimate the amount of money necessary to complete the improvements and installations. The City Engineer shall report his findings to the Commission at their next meeting.
(c) Planning Commission Review. The Commission shall notify the subdivider in writing of the scheduled place, date, time and agenda of the hearing at which the subdivision is to be considered and shall notify by general publication or otherwise any person or governmental unit having a probable interest in the proposed plat.
(d) Planning Commission Action. After the hearing and within forty days the Commission shall approve or disapprove the final plat.
(1) If the Commission approves, it shall express its approval by resolution or its disapproval by resolution and its reasons thereof and the subdivider provided with a copy.
(2) Approved final plat shall bear the signatures of the Chairman and Secretary of the Commission stating that all plat procedure requirements have been met and the seal of the Commission.
(3) Following review by the Commission, all final plats shall be submitted by the Commission to the City Clerk.
(4) The Commission may approve a final plat for a subdivision in which the improvements and the installations have not been completed as required by these Regulations if the applicant provides a bond in accordance with Section 1319.10. Council shall act as an obligee in accordance with any bonds, escrow agreements or contracts prepared to guarantee the construction of proposed subdivision improvements, in accordance with the provisions described in Sections 1319.08 to 1319.12 and 1323.02.
(e) Title Certificate. No final map shall be approved by the Commission unless a certificate of title is furnished, satisfactory to the City Engineer.
(f) Application Fee. At the time of filing the application of the plat, the subdivider shall pay to the City Clerk for use by the City, a fee to defray the cost of processing such plat and drafting same on the official map of the City. The fee shall be determined based on the City Engineer's estimated cost of processing such plat.
(g) Disposition of Plats. One copy of all final plats submitted for approval shall be retained by the Commission, a one copy by the City Engineer, the original to be filed by subdivider according to Section 1323.01, the third copy shall be returned to the subdivider. The copy retained by the Commission shall be an approved duplicate linen or comparable permanent material.
(h) Review of Decision of Planning Commission by Certiorari. In any case where the Commission disapproves a final plat, any person, firm or corporation, jointly or separately aggrieved by the decision may present to the Circuit Court of the County of Marshall, a petition duly verified, setting forth that the decision is illegal in whole or in part and specifying the grounds of the illegality. Such petition shall be filed in the Circuit Court of the County of Marshall within thirty days after the date of such decision.
(4-24-72)