(A) Required. After compliance with the provisions of § 154.034 of this chapter, a plat of the subdivision covering all or part of an approved preliminary plat shall be prepared by a licensed surveyor in conformance with the design standards and submitted within one year from the date of preliminary plat approval, unless the time is extended.
(B) Contents, procedures and form.
(1) The final plat shall be on a sheet of approved paper having outside dimensions of 24 inches by 36 inches. The plat shall be drawn so that the plat faces north. All lines, dimensions and markings shall be shown on this final plat;
(2) The subdivision name and the general location of the subdivision shall be shown in the lower right-hand corner of the plat in the space provided;
(3) A north point and scale of the drawing shall be on the final plat;
(4) Accurately drawn boundaries, showing the proper bearings and dimensions of all boundary lines of the subdivision, properly tied to public survey monuments with the basis for bearings shown and clearly defined;
(5) The names, widths, lengths, bearings and curve data on centerlines of proposed streets, alleys and easements; also the boundaries, bearings and dimensions of all portions within the subdivision intended to be dedicated to the use of the public; the lines, dimensions, bearings and numbers of all lots, blocks and parts reserved for any reason within the subdivision. All lots are to be numbered consecutively under a definite system. All proposed streets shall be named or numbered in accordance with and in conformity with the adopted street naming and numbering systems. Each lot shall show the street address assigned thereto by the town;
(6) The description of the boundaries of the subdivision, together with a certification by the subdivider’s surveyor stating that the lots described comply with the requirements of Ch. 155 of this code of ordinances;
(7) The registered professional land surveyor’s certificate of survey;
(8) The owner’s certificate of dedication;
(9) The town engineer’s approval;
(10) A notary public’s acknowledgment;
(11) The Planning Commission’s approval as shown by the signature of the Chairperson of the Planning Commission;
(12) The Town Attorney’s approval;
(13) The Town Council’s approval shown by the signature of the Mayor and attested by the Town Clerk; and
(14) A space for the certification of the County Recorder.
(C) Method of processing. The final plat shall be submitted to the Planning Commission for final approval. The Planning Commission shall circulate the plat for comment and review to all affected departments and districts. The Planning Commission shall have 45 days after the plat is submitted to approve or disapprove the plat. If no action is taken within 45 days, the plat shall be deemed to have been approved by the Planning Commission; except that, such approval shall not operate to waive any requirements of this chapter or any other ordinance of the town. At the time of submission of the final plat, the subdivider shall furnish to the town a complete set of construction plans and profiles, prepared by a licensed professional engineer, of all existing and proposed streets within the subdivision.
(D) Disapproval. If the Planning Commission disapproves the final plat, it shall so notify the subdivider in writing stating the reasons for disapproval based upon the ordinances of the town or of the laws of the state. The written notice shall be delivered or mailed to the subdivider within ten days after the action by the Planning Commission.
(E) Conditional approval. The Planning Commission may approve a final plat subject to written conditions. Before proceeding on the basis of a plat conditionally approved, the subdivider shall agree in writing to the conditions imposed by the Planning Commission.
(F) City Attorney and City Council approval. Following approval by the Planning Commission and the town engineer, the subdivider shall secure the approval of the Town Attorney. The final plat shall then be taken before the Town Council which shall approve the plat if it finds that the plat fully complies with the ordinances of the town and the laws of the state, or that the plat, together with the conditions to which the subdivider has agreed, fully complies.
(G) Recording. The final plat, together with any conditions to which the subdivider has agreed, bearing all official approvals as above required, shall be deposited in the office of the County Recorder for recording at the expense of the subdivider. No lot included in a subdivision shall be sold or exchanged and no offer shall be made to sell or exchange any such lot until the plat is so approved and recorded and until a public disclosure statement has been issued by the state’s Department of Business Regulation.
(H) Form requirements. The forms shall be as determined by the Town Council and on file in the office of the Town Clerk.
(I) Guidelines for approval.
(1) Planning Commission. The Planning Commission shall approve the subdivision if it finds that the subdivision complies with the physical development standards of this chapter, Ch. 155 of this code of ordinances, the laws of the state and the rules and regulations promulgated pursuant thereto; and that the subdivision will have adequate fire protection; that there is a sufficient supply of culinary water to the proposed subdivision; and that the addition of the subdivision will not decrease the pressure in the culinary water system at any point within the town to less than 45 pounds per square inch; that the traffic created thereby will not unduly congest traffic; and that it will not create unreasonable potential for flooding.
(2) Town Engineer. The Town Engineer shall approve the final plat if it is found that the subdivision fully complies with the requirements of this chapter and that the survey description is correct and that the easements are appropriately located.
(3) Town Attorney. The Town Attorney shall approve the final plat if he or she finds that:
(a) There is a current title opinion from a licensed title company showing that the person dedicating the property described on the final plat is the titled owner as shown on the records of the County Recorder;
(b) The bond, escrow, trust deed or letter of credit on deposit with the town is in appropriate form and signed by the necessary parties to the bond, trust deed, deposit escrow or letter of credit;
(c) The subdivider has executed the subdivision agreement required by this chapter; and
(d) The subdivision does not, in his or her opinion, violate any ordinance of the town, or the laws of the state or the rules or regulations promulgated pursuant thereto.
(4) Town Council. The Town Council shall approve the final plat if it finds that all other persons required to approve the plat have given their approval, and that the final plat meets all of the requirements of the town’s ordinances, and that it does not violate any state laws or rules and regulations promulgated pursuant thereto, and that all fees and assessments have been fully paid.
(J) Special fees. Prior to final approval or issuance of a building permit, as determined by the Town Council upon recommendation from the Planning Commission, there shall be collected for each lot the following fees.
(1) For each connection to the town water system, the amount set by resolution of the Town Council for water hookup fees.
(2) For each lot shown on the final plat, an impact fee in the amount set by resolution of the Town Council. These fees may be used by the town for the following purposes.
(a) The fees collected pursuant to this division (J) shall be deposited in a capital improvement fund and used for fire protection, public safety, solid waste, storm drainage, street improvements, lighting, snow removal or recreational capital improvements, with priority given to the needs of the persons residing in the subdivision.
(b) The town may accumulate in separate accounts, revenues for the purpose of acquiring or constructing the capital improvements until such time as there are sufficient revenues to purchase or construct the capital improvements.
(c) The Planning Commission, with the concurrence of the Town Council on application by a subdivider, may postpone the fees required by this division (J), but such fees shall be collected prior to the time, and as a condition, of issuing each building permit. Any fee so postponed shall be subject to any fee increase passed by the Town Council, and the applicant for the building permit shall pay the increased cost.
(Prior Code, § 11-3-6) (Ord. 2001-02, passed 10-3-2001)