(a) Application Procedure and Requirements. Following the approval of the preliminary plat, the applicant, if he wishes to proceed with the subdivision, shall file with the Commission an application for final approval of a subdivision plat. The application shall:
(1) Be made on forms available at the Zoning Office, together with the specified fee.
(See Schedule of Fees and Forms at the end of Chapter Seven)
(2) Include the entire subdivision, or section thereof, which derives access from an existing state, county or local government highway.
(3) Be accompanied by a minimum of seventeen (17) copies of the subdivision plat and the construction plans, as described in these regulations.
(4) Comply in all respects with the preliminary plat, as approved.
(5) Be accompanied by all formal irrevocable offers of dedication to the public of all streets, City uses, utilities, parks, and easements, in a form approved by the City Attorney, and the subdivision plat shall be marked with a notation indicating the formal offers of dedication as follows:
The owner, or his representative, hereby irrevocably offers for dedication to the City all streets, City uses, easements, parks and required utilities shown in the within subdivision plat and construction plans in accordance with an irrevocable offer of dedication dates......... and recorded in the Office of the County Clerk of Kanawha County.
By..............................................................................
Owner or Representative
Date............................................................................
The applicant shall deliver a full covenant and warranty deed to all such lands in proper form for recording before signing of the final subdivision plat.
(6) Be accompanied by the escrow deposit certification or performance bond, if required, in a form satisfactory to the City Attorney and in an amount established by the Commission upon recommendation of the City and shall include a provision that the principal of the escrow deposit or bond shall comply with all the terms of the resolution of final subdivision plat approval as determined by the Commission and shall include, but not be limited to, the performance of all required subdivision and off-site improvements, and that all improvements and land included in the irrevocable offer of dedication shall be dedicated to the City free and clear of all liens and encumbrances on the premises.
(7) Be accompanied by an inspection fee in an amount to be determined on the basis of the provisions of these Subdivision Regulations, a maximum of two percent (2%) of construction costs or actual costs of inspections not to exceed two percent (2%) of construction costs. Also by written assurance from the public utility companies and improvements districts that necessary utilities will be installed and proof that the applicant has submitted petitions in writing for the creation or extension of any improvement districts as required by the Planning Commission upon preliminary plat approval.
(8) Public Improvements. The Commission may require that all public improvements be installed and dedicated prior to the signing of the subdivision plat by the Chairman of the Commission. If the Commission shall not require that all public improvements be installed and dedicated prior to the signing of the subdivision plat by the Chairman of the Commission, the amount of the bond shall be established by the Commission based upon the recommendation of the City Engineer, which bond shall be submitted by the applicant at the time of application for final subdivision plat approval. The Commission shall require that applicant indicate on the plat all roads and public improvements to be dedicated, all special districts, for water, fire, and utility improvements which shall be required to be established or extended and any other special requirements deemed necessary by the Commission in order to conform the subdivision plat to the Comprehensive Plan.
(b) Submission and Review. Subsequent to the resolution of the Commission, three (3) paper copies of the construction plans, one (1) copy of the original of the subdivision plat shall be submitted to the Zoning Officer for final review. A check payable to the County Clerk in the amount of the current filing fee shall be provided. No final approval shall be endorsed on the plat until a review has indicated that all requirements of the resolution have been met.
(c) Vested Rights. No vested rights shall accrue to any plat by reason of preliminary or final approval until the actual signing of the plat by the Chairman of the Commission. All requirements, conditions, or regulations adopted by the Commission applicable to the subdivision or on all subdivision prior to the time of the signing of the final plat by the Chairman of the Commission and Zoning Officer. Where the Commission has required the installation of improvements prior to signing of the final plat, the Commission shall not modify its conditions unless unforeseen site conditions are discovered.
(Ord. 89-11. Passed 8-21-89.)