A. Filing Period: At any time prior to expiration and following council approval of a preliminary plat, the subdivider may cause the subdivision to be surveyed and a final plat prepared. Eighteen (18) copies of the final plat shall be presented to the city and commission for review.
B. Commission Review: Within forty five (45) days following submission of a completed application and checklist for final plat approval accompanied by the materials required by this title, the commission shall review the final plat to determine:
1. That the final plat meets all standards established by Idaho Code and this title relating to final plats, which can be modified by the council.
2. That the final plat is essentially the same as the preliminary plat and that the conditions imposed when the preliminary plat was approved have been met. Notwithstanding any other provision of this title, the city engineer, public works director or city council may recommend modification of the preliminary plat up to the time of council approval of the final plat.
3. That the final plat bears the certificates and statements of approval required by this title.
4. That the applicant has submitted a title report from a title insurance company authorized to do business in the state of Idaho, confirms that title of the land in the proposed subdivision is vested in the name of the owner whose signature appears on the plat certificate.
5. That the facilities and improvements required to be provided by the subdivider have been completed, and that the costs incurred by the city and fees have been paid by the subdivider, or that the subdivider has provided an irrevocable letter of credit or other suitable guarantee acceptable to the city, in an amount of one hundred fifty percent (150%) of the estimated cost as approved by the city engineer and with responsible sureties commensurate with improvements remaining to be done, and costs to be paid, securing to the city the construction and installation of the improvements and payment of the costs which will be or have been incurred by the city within the fixed time period established by the council.
6. That the subdivider has provided a standard written warranty that the required water and sewer improvements and facilities will be free from defects in material and workmanship for a period of one year from the date of acceptance of the improvements by the city, secured by a performance bond in the amount of fifty percent (50%) of the actual construction cost of the warranted improvements and facilities. That the subdivider has provided a warranty that the required street improvements will be free from defects in material and workmanship for a period of two (2) years from the date of acceptance of the improvements by the city, secured by a performance bond at the amount of twenty five percent (25%) of the actual construction cost of the warranted improvements for the second year.
C. Commission Action: Following its review, the commission shall determine whether to return the final plat to the subdivider for modification or recommend approval or disapproval to the council. As soon as possible after its review, the commission shall forward its written findings and recommendations to the council.
D. Additions And Deletions: The commission may make additions and deletions to final plat application checklists in accordance with city standards.
E. Council Action: As soon as possible following receipt of the commission's recommendation, the council shall review the final plat and accompanying material. After its review, the council shall thereupon approve, reject, or return the final plat to the commission for further action and notify the applicant of such action in writing. Upon approval of a final plat and filing or posting with the city the irrevocable letter of credit or other guarantee for completion of required improvements and facilities, the applicant shall forward the original to the county recorder for filing one recorded copy to the county assessor; one reproducible mylar original, and if requested, one CAD digital drawing, four (4) print copies of the recorded final plat and one recorded copy to the city clerk to be placed in the clerk's permanent files; one recorded copy to the planning and zoning commission; and one recorded copy to the city engineer. (Ord. 427, 7-30-1998)