(A) Submittal package. The Subdivider shall prepare and submit a Final Plat to the Department of Engineering and Development Services staff for approval.
(1) The Final Plat shall include, at a minimum, the information listed in the Final Plat Application Checklist provided by the Department of Engineering and Development Services, as may be amended from time to time.
(2) Final Plat approval shall not be considered until all required on-site improvements have been completed, inspected, and approved by the proper officials, all fees paid, and a complete submittal package containing all documentation required by this chapter has been received by the Town.
(3) Partial submittals shall not be accepted.
(B) Conformance with the Preliminary Plat. The Final Plat shall substantially conform to the Preliminary Plat as previously approved by the Department of Engineering and Development Services staff.
(1) The Final Plat shall incorporate all modifications required by the staff in its review of the Preliminary Plat.
(2) However, the Final Plat may be submitted in sections, each covering a reasonable portion of the entire proposed subdivision as shown on the approved Preliminary Plat.
(C) Sixty-day time limit for review and response.
(1) Staff shall review and act upon the Final Plat within 60 days of the date of receipt of the complete submittal.
(2) The 60-day time limit may be extended by mutual agreement of the affected parties.
(D) Approval. If the Final Plat and all supplementary data comply with all applicable requirements of this chapter, the plat shall be approved, in writing, by the Director of the Department of Engineering and Development Services, or his or her designee, on a reproducible copy of the Final Plat.
(E) Disapproval.
(1) If the Final Plat is disapproved, the reasons for such action shall be provided, in writing, by the Director of the Department of Engineering and Development Services, or his or her designee.
(2) If applicable, any modification required by staff after Preliminary Plat review, as a prerequisite to approval of the Final Plat, shall be noted on the Final Plat.
(F) Appeals. Approval or disapproval of the Final Plat by the Director of the Department of Engineering and Development Services, or his or her designee, may be appealed by any party of interest tothe Planning Commission for review.
(1) Submittal of the appeal shall be made no later than 15 days after the decision for approval has been rendered, and shall be accompanied by a written explanation of the basis of the appeal.
(2) Failure to meet the filing deadline shall be considered a waiver of the right to appeal.
(3) The Commission shall act upon the appeal request within 60 days of the meeting at which the request is scheduled to be considered, which shall be the next meeting for which the normal 28-day application deadline can be met.
(4) The decision of the Commission shall be final.
(5) An appeal from the decision of the Commission may be taken to Circuit Court within 30 days after actual notice of the decision.
(G) Materials and workmanship certification/ as- built certification. Materials and workmanship certification/as-built certification, as set forth in Appendix B, § 8, of this chapter, is required before Final Plat approval or issuance, and shall accompany the permit in non-subdivision areas where improvements are made.
(H) Two-year warranty.
(1) The developer shall execute an agreement guaranteeing the required public street improvements against defect in workmanship and materials for two years after acceptance of such improvements by the Town, as documented by the date of recording the initial plat with the RMC office.
(2)
The agreement shall be submitted to the Director of the Department of Engineering and Development Services, or his or her designee.
(3) Along with the Director's recommendation, the Town may require a cash bond or other acceptable surety, in an amount to be determined by the Director, in addition to the agreement.
('81 Code, §§154.12, 156.013 and 156.016) (Ord. passed 6-9-92; Am. Ord. 97001, passed 2-11-97; Am. Ord. 02045, passed 7-9-02; Am. Ord. 13027, passed 6-11-13; Am. Ord. 16082, passed 10-11-16; Am. Ord. 21041, passed 5-11-21)