1244.07  FINAL PLAT.
   Following the conditional approval by the Planning Commission of a preliminary plat, and subject to the provisions of these Regulations, the developer shall prepare for record purposes, and for dedication of public streets and other public places, a final plat of the proposed subdivision, as set forth in this section.
   (a)   Submittal of Data.  A written application for approval of the final plat of a subdivision, together with fourteen copies of the final plat, improvement plans, supplementary material and other exhibits required for approval as specified below, shall be submitted to the Planning Commission at least ten days prior to the date of the meeting at which it is to be considered.
   (b)   Contents Generally.  The final plat of a subdivision shall contain all requirements stipulated in the preliminary plat as conditionally approved, and, if desired by the developer, may constitute only that portion of the preliminary plat which he or she proposes to record and develop at the time, provided, however, that such portion conforms to all the requirements of these Regulations.
   (c)   Specific Contents.  Final plats, "As-Built" plans, and data prepared for final approval and recording shall include:
      (1)   The final plat drawn in ink on mylar on sheets twenty-four inches wide by thirty-six inches long at a scale of 100 feet to one inch.  Where necessary, the plat may be on several sheets accompanied by an index sheet showing the entire subdivision at an appropriate scale.  For large subdivisions the final plat may be submitted for approval progressively in contiguous sections satisfactory to the Planning Commission and the City Engineer.  The final plat shall show the following:
         A.   Primary control points, approved by the City Engineer, or descriptions and "ties" to such control points, to which all dimensions, angles, bearings and similar data on the plat shall be referred;
         B.   Tract boundary lines, right-of-way lines of streets, easements and other rights of way, and property lines of residential lots and other sites, with accurate dimensions, bearings or deflection angles, and radii, arcs and central angles of all curves;
         C.   Names and right-of-way width of each street or other right of way;
         D.   The location of the termini of existing and proposed streets on adjoining property with such dimensions as are necessary to show their relation to streets being dedicated in the proposed subdivision;
         E.   Location, dimensions and purposes of any easements;
         F.   Number identification of each lot or site;
         G.   Purpose for which sites, other than residential lots, are dedicated or reserved;
         H.   Minimum building setback line on all lots and other sites in accordance with the Zoning Codes or otherwise allowed by the approved preliminary plat;
         I.   Location and description of all monuments used or established in determining the boundaries, as well as those set at boundary corners, and the locations of street monuments which shall later be set by the developer.
         J.   Names of record owners of adjoining unplatted land;
         K.   Reference to recorded subdivision plats of adjoining platted land by record name, date, volume and page numbers as recorded;
         L.   Certification by surveyor or engineer preparing the plat, verifying the data shown thereon, and definitely identifying the lands proposed to be dedicated for public use, with proper dedicatory clauses as provided by law;
         M.   Certification of title showing that the applicant is the land owner;
         N.   Statement by owner dedicating streets, rights of way and any sites for public use and acceptance by Council;
         O.   Title, scale, north arrow and date;
         P.   Final approval paragraph for execution by the Planning Commission, with dates and the signature of the Chairperson and Secretary, and a paragraph for acceptance by Council, with the ordinance or resolution number, the date and the signature of the Council President and Clerk.  Unless all of the improvements herein required in these Regulations have been installed, the clause reciting the approval of Council shall state clearly that the plat for record is approved by Council for record purposes only and that such approval does not constitute the acceptance for public use of any streets or other lands which the plat indicates shall be dedicated to such use.
      (2)   "As-Built" documentation showing the actual dimensions of the improvements constructed including;
         A.   Video tapes of all storm and sanitary sewers and their connections.
         B.   Plans and profiles of all storm and sanitary sewers showing locations of manholes; elevations of pipe inverts at manholes; and size, type and slope of all pipes.
         C.   A contour map showing the final elevations of all streets, sidewalks, rights-of-way, building pads and swales.
      (3)   A certificate by the City Engineer certifying that the developer has complied with one of the following alternatives:
         A.   All improvements have been installed in accordance with the requirements of these Regulations and with the action of the Planning Commission giving conditional approval of the preliminary plat; or
         B.   That the balance remaining in the construction agreement account is sufficient to complete the improvements.
      (4)   Protective covenants and deed restrictions subject to developers desired amenities and control in a form for recording; and
      (5)   Homeowners Association documentation including but not limited to Declaration of Covenants and Articles of Incorporation.  A perpetual Homeowners Association is mandatory in any Subdivision where there exists any common area, private street(s), stormwater facility, landscape entrance or any other features requiring routine maintenance such as removal of debris, grass cutting, etc.  The Homeowners Association Documentation shall address but not be limited to the following provisions:
         A.   Liability insurance coverage on any and all common areas;
         B.   All common areas, swales, stormwater facilities and any other facilities shall be inspected and maintained by the Homeowners Association twice yearly on May 1 and November 1 and periodically throughout the year to ensure that the facilities are operational.  A written report shall be submitted to the Service Director;
         C.   Mandatory membership by all homeowners in the subdivision;
         D.   Mechanism for assessments and collection of unpaid assessments through liens.
         E.   Special restriction regarding any easements on land within the subdivision pursuant to Codified Ordinance 1481.07(g);
         F.   Provision requiring hiring of Property Manager to act in place of President of Board/or Board of Trustees if no property owner(s) fill the position(s).
         G.   The articles of incorporation or other formal document(s) created and filed with the Secretary of State establishing said Homeowners Association, shall designate the Homeowners Association as a perpetual organization which shall not be dissolved voluntarily until such time as the current Residential Zoning in place at the time of the establishment of the Homeowners Association is changed to a different use.
      (6)   Other data, certificates, affidavits, endorsements or deductions as may be required by the Planning Commission in the enforcement of these Regulations.
   (d)   Filing of final plat. The filing of the final plat for recording with the County Recorder shall be done by the City Engineer. All costs charged for recording shall be paid for by the developer.
(Ord. 1970-232.  Passed 9-15-71; Ord. 98-114. Passed 9-1-98; Ord. 02-160. Passed 4-1-03; Ord. 10-82.  Passed 7-6-10.)