A plat of a subdivision with the jurisdiction of Bourbon County shall not be recorded by the County Clerk unless and until it has first been approved by the Planning Commission. The filing and recording of a plat involving the subdivision of lands covered by this chapter shall be without legal effect unless approved by the Planning Commission. Provided, however, that failure to comply with this section shall not invalidate or affect the title to any land within the area of the plat; and provided, further, that if the plat shall bear the seal of the Planning Commission, it shall be presumed to have been approved hereby.
(A) Application for final plat approval. A person desiring the approval of a plat shall submit a written application for a certificate together with three (3) copies of the proposed plat in the form prescribed in Article V to the Planning Commission. Upon receipt of the application, the Planning Commission, if it tentatively approves the application, shall set a date for a hearing, notify the subdivider applicant in writing, and notify, by general publication or otherwise, any person or governmental unit having a probable interest in the proposed plat.
(B) General requirements prerequisite to approval of plat. In determining whether an application for approval shall be granted, the Planning Commission shall determine if the plat provides for:
(1) Coordination of subdivision streets with existing and planned streets or highways;
(2) Coordination with an extension of facilities included in the comprehensive plan;
(3) Establishment of minimum width, depth, and area of lots within the projected subdivision;
(4) Distribution of population and traffic in a manner tending to create conditions favorable to health, safety, convenience, and the harmonious development of the city or county; and
(5) Fair allocations of areas for streets, parks, schools, public and semi-public buildings, homes, utilities, business, and industry. As a further condition of approval of a plat, the Planning Commission shall specify:
(6) The manner in which streets shall be laid out, graded, and improved;
(7) Provision for water, sewage, and other utility services;
(8) Provision for schools;
(9) Provision for essential municipal services; and
(10) Provision for recreational facilities.
(C) Improvements or guarantee thereof. Before approving any subdivision plan for recording, the Planning Commission shall either require that all facilities specified in Articles III and IV shall have been installed in strict accordance with the standards and specifications of the Planning Commission, or that the Planning Commission be assured by means of a proper contract and completion guarantee, as set forth in subsections (D) and (E) below, that the improvements will subsequently be installed by the subdivider.
(D) Agreement to complete improvements. In all cases where the necessary grading, paving, and other street improvements required herein shall not have been installed prior to final approval in strict accordance with the standards and specifications of the Planning Commission, the applicant shall enter into a written agreement with the city in the manner and form approved by the City Attorney, wherein the applicant shall agree, to the extent applicable:
(1) To construct, or cause to be constructed, at his own expense, all streets, bridges, culverts, curbs, gutters, sidewalks, crosswalks, water systems, drainage facilities, street lighting facilities, street signs, monuments, sanitary sewerage, street shade trees and parks, and all other improvements shown on the subdivision plan, all in strict accordance with standards and specifications of the Planning Commission or other appropriate public authority and within the time specified in the agreement.
(2) To make adequate provision with the City Engineer for the inspection of the construction of the aforesaid improvements to assure strict compliance with the city standards and specifications.
(3) To maintain, at his own cost, the streets, bridges, culverts, curbs, gutters, sidewalks, crosswalks, monuments, sanitary sewerage, street shade trees, parks, and other improvements until the same are accepted or condemned for public use by the city or other appropriate public authority, and for a period of one (1) year thereafter to repair and reconstruct the same or any part or one (1) of them when such repair or reconstruction shall be specified by the Planning Commission as necessary by reason of faulty construction, workmanship, or materials.
(E) Conditional approval of final plats. The Planning Commission may approve a plat for a subdivision in which the improvements and installations have not been completed by the applicant as required by this chapter, provided that the subdivider enters into the agreement described and provides a bond which shall:
(1) Run to Bourbon County;
(2) Be in an amount determined by the Planning Commission to be sufficient to complete the improvements and installations in compliance with this chapter; to reimburse the city for reasonable legal, engineering, and inspection fees, and to obtain the easements required by § 72.204;
(3) Be with surety satisfactory to the Planning Commission; and
(4) Specify the time for the completion of the improvements and installations.
Any funds received from these bonds shall be used by the city only for completion of the improvements and installations for which they were provided, and without prior appropriation.
(Ord. passed 11-14-72)