Upon receipt of the final plat application and materials, the Chairman of the Planning Commission shall set a date for Planning Commission review of the final plat and shall notify the owner or subdivider, in writing, of the review date. The Planning Commission's review shall be in accordance with the following provisions:
A. The final plat of the proposed subdivision shall be submitted to the Planning Commission for final approval within two (2) years of the date on which the preliminary plat was approved by the City Council. If not submitted for final approval within such time, the preliminary plat shall be considered as having been disapproved unless the Planning Commission agrees to an extension of time;
B. The Planning Commission shall act upon the final plat within forty-five (45) days after it has been submitted to the Planning Commission Chairman for final approval. The subdivider shall be notified in writing upon approval or conditional approval of the plat by the Planning Commission. If no action on the plat has been taken within the above-specified time and the applicant does not agree to an extension of time for action, the plat shall be deemed to have been approved. Certification by the City Clerk as to the date of the final plat's submission and the failure of the Planning Commission to act thereon within such time shall be sufficient in lieu of written endorsement of approval;
C. If the final plat is disapproved by the Planning Commission, the reasons for such disapproval shall be stated in writing, with reference to specific sections of the comprehensive plan or those ordinances or regulations with which the plat does not comply. A copy of this statement shall be sent to the applicant, along with one (1) of the prints submitted by the applicant;
D. If the plat conforms to all of the requirements provided in this section, one (1) copy of the final plat shall be forwarded to the City Council for its review, along with the written recommendation of the Planning Commission and the signature of the Chairman of the Planning Commission on the approved plat; and
E. No vested rights shall accrue to any plat by reason of preliminary or final approval until the actual signing of the final plat by the Chairman of the Planning Commission. All requirements, conditions, or regulations adopted by the Planning Commission applicable to the subdivision, or on all subdivisions generally, shall be deemed a condition for any subdivision prior to the time of signing of the final plat by the Chairman of the Planning Commission. Where the Planning Commission has required the installation of improvements prior to signing of the final plat, the commission shall not unreasonably modify the conditions set forth in the final approval.
(Code 1991, § 12-444)