§ 153.189 ACTION BY THE CITY COUNCIL.
   (A)   (1)    Within 60 days from the date of submission of an application for final plat approval, or the filing of the last item of required supporting data, whichever date is later, the City Council shall either approve or disapprove the application by resolution unless the Council and the subdivider/developer mutually agree to extend this time limit.
      (2)   Failure to act within the prescribed time limits shall be deemed approval.
   (B)   The City Council shall not approve any final plat unless:
      (1)   The final plat substantially conforms to the approved preliminary plat;
      (2)   The final plat manifests substantial compliance with the Future Land Use Plan and with the design and improvements standards of this chapter;
      (3)   To the Council’s knowledge and belief, the final plat complies with all pertinent requirements of state law; and
      (4)   Either of the following has been met:
         (a)   All required improvements have been completed, inspected, dedicated and accepted; or
         (b)   The subdivider/developer has deposited funds in escrow to guarantee the satisfactory completion and dedication of all required improvements.
   (C)   If the City Council disapproves the final plat, its resolution shall specify the aspects in which the plat fails to meet the above conditions for approval.
   (D)   The City Clerk shall attach a certified copy of the Council’s resolution of approval or disapproval to the final plat. One copy of the resolution and plat shall be retained by the Clerk, one copy shall be filed with the Administrator and one copy shall be given to the subdivider/developer.
   (E)   The City Clerk shall also return the original Mylar of the final plat to the subdivider/ developer, with appropriate signatures of city officials.
      (1)   Within 60 days following approval by the city, the subdivider/developer shall secure all remaining required signatures and cause the final plat to be filed and recorded with the County Recorder of Deeds.
      (2)   The subdivider/developer shall thereafter provide the Building and Zoning Department with one print, one electronic copy and one Mylar reproducible of the recorded plat.
(Ord. 2009-21, § 18.5-4-34, passed 10-5-2009; Ord. 2017-09, passed 5-1-2017)