(a) Application. An application for approval of a final plat shall be submitted in writing to the office of the Director of Planning. Such application shall be reviewed by the Planning Commission as soon as the workload of the Planning Commission shall permit, but in no case shall the Planning Commission be required to review a plat unless the same is submitted at least five days prior to the meeting at which the plan is scheduled to be reviewed. The application shall include the original tracing of the final plat, the original tracing of the drawings for the required improvements, four black-on-white prints of each of these tracings, four sets of specifications and other maps, data and certificates as set forth in Section 1131.04
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Upon review of the plans and specifications by the Director of Engineering and subject to the further requirements of subsection (b) to (g) hereof the developer may obtain conditional approval of the plat by the Commission and may install the required improvements before applying for final plat approval. Alternatively, the developer may apply for approval of the final plat and drawings and specifications of the required improvements concurrently and furnish performance guarantees that he will install the improvements thereafter. Subject to approvals required herein, the developer may construct parts of the improvements before approval of the final plat and furnish performance guarantees in accordance with Section 1129.14, for the construction of the remaining improvements.
The developer may apply for final plat approval of only that section of an approved preliminary plan of a subdivision which he proposes to develop and/or record as the first stage. However, the preliminary approval shall become null and void if an application for final plat approval is not submitted within one year after approval of the preliminary plan, unless an extension of time is granted by the Commission. Preliminary approval of a phased development or a development to be built in more than one section shall continue in full force and effect as long as the developer is actively conducting any phase, but such preliminary approval shall expire, unless an extension of time is granted by the Commission, if the developer ceases all work on the development for a period of more than one year.
(b) Review by Director of Engineering. The Director of Planning shall transmit two prints of the final plat and the drawings and the specifications to the Director of Engineering for determination as to whether:
(1) The final plat conforms to the approved preliminary plans and any special conditions or modification stipulated, and for correctness of mathematical data and computations; and
(2) The designs and details of the required improvements as shown on the drawings and specifications are in conformance with all master plans for streets and utilities and the construction standards in effect in the City.
(c) Action by Commission. If the Director of Engineering determines that the final plat, drawings and specifications are satisfactory in regard to the aforesaid provisions and if the subdivision complies with all other applicable provisions of these Land Planning and Subdivision Regulations, the Commission shall approve it. Action shall be taken within one month after the meeting at which the application for approval and all required plats, maps, and data were first heard by the Commission, or within a mutually agreed upon extension; otherwise the plat shall be deemed to have received Commission approval. In no event shall there be approval of the final plat, drawings or specifications either by the Commission or by failure of the Commission to act within the required time limits unless the Engineer has prior thereto approved the final plat, drawings and specifications.
Should an issue arise that, in the opinion of the Planning Commission or the Planning Director, requires a hearing on or in interpretation of any land planning or subdivision regulation, it may be referred to the applicable Council committee for resolution.
(d) Form of Approval. The approval of the final plat shall be indicated by a certification to that effect on the original tracing of the plat with the signature of the chairman and clerk of the Commission. The Director of Planning shall obtain one duplicate tracing thereof at the developer's expense before returning the tracing to him. The reason for disapproval of a plat shall be stated in the records of the Commission.
The approval of the drawings and specifications for the required improvements shall be indicated by a certificate to that effect on each of five sets of black-on-white prints of the original drawings and specifications with the signature of the Director of Engineering. Approval of the improvements as constructed shall likewise be certified by the Director of Engineering, upon receipt of the original tracings "as constructed" date noted thereon.
(e) Council Action. Council shall act upon the final plat and/or drawings and specifications, either separately or concurrently, but in no event shall it approve the final plat for recording until the improvements are constructed or their construction guaranteed.
(f) Recording. The plat shall be filed and recorded in the Office of the County Recorder by an authorized representative of the City within ten days after approval by Council if Council's approval was for recording purposes only or within ten days after the compliance by the developer with all conditions contained in the ordinance accepting the plat for recording purposes only, whichever is later.
(g) Effect of Approval and Recording. If drawings and specifications for improvements are approved, the construction of the improvements may be started. Upon completion of construction of all improvements in accordance with the plans as approved by the Director of Engineering, the final plat may be approved and recorded, building permits may be issued and lots may be sold, leased or transferred.
If drawings and specifications for improvements are approved and construction guaranteed, the final plat may be approved and recorded for record purposes only, construction of improvements started and lots may be sold, leased or transferred. No building permits shall be issued until all improvements are complete in accordance with the plans as approved by the Director of Engineering.
Occupancy permits for a building shall not be issued until streets and all required utilities are accepted by the City for public use. However, a temporary certificate may be issued upon the condition that the developer assumes all responsibility for maintenance of streets and utilities until they are officially accepted by the City.
(Ord. 1986-54. Passed 11-6-86.)