§ 62-35. FINAL PLATS.  


Latest version.
  • (A) Requirements.
    (1) Final plats shall be prepared and submitted as provided in the Subdivision Act.
    (2) A written application for approval and the recording fee shall accompany all final plats.
    (3) The subdivider shall submit proof of ownership of the land included in the final plat in the form of an abstract of title certified to the date of the proprietor's certificate or a policy of title insurance currently in force.
    (B) Submission to approving authorities. The subdivider shall submit the final plat and as-built engineering plans, where required for approval, to the City Clerk and all agencies enumerated in the Subdivision Act for certification of approval.
    (C) Actions.
    (1) Departmental.
    (a) The involved city departments shall examine the plat within 20 days of receipt thereof, for conformance to the following:
    1. The provisions of the Subdivision Act;
    2. The provisions of this chapter;
    3. The preliminary plat, as approved;
    4. City standards, rules and regulations.
    (b) The time for review and recommendations by the city may be extended by agreement with the subdivider.
    (2) Planning Commission.
    (a) The Planning Commission shall examine the plat within 40 days of receipt and forward it to the City Council and recommend that the City Council approve or disapprove the plat. If a recommendation to disapprove is forwarded, the reasons for disapproval shall accompany the plat.
    (b) Recommendations for approval of the plat by the City Council shall be accompanied by a copy of the minutes of the Planning Commission in which approval was recommended.
    (3) City Council.
    (a) The City Council shall review the final plat and the report from the departments and the Planning Commission at its next regular meeting or at a meeting to be called within 20 days from receipt of submission of the plat and reports from the Planning Commission.
    (b) The City Council shall approve the plat or disapprove it. If disapproved, it shall give the subdivider its reasons in writing.
    (c) The City Council shall instruct the City Clerk to record all proceedings in the minutes of the meeting, which shall be open for inspection, and to sign the city certificate on the approved plat on behalf of the City Council, signifying approval of the plat by the City Council. The certificate shall show the date of the meeting at which the approval was made and the date the certificate was signed by the Clerk.
    (4) Guarantee for construction of improvements and facilities required by the city. (See §§ 62-86et seq.)
    (a) The City Council may require all improvements and facilities to be completed before it approves the final plat.
    (b) If improvements and facilities are not required to be completed by the City Council before plat approval, the final plat shall be accompanied by a contract between the subdivider and the City Council for completion of all required improvements and facilities.
    (c) Performance of the contract shall be guaranteed by cash deposit, certified check, surety bond or irrevocable bank letter of credit.
    (d) The City Council shall not require a guarantee duplicating any guarantee required by another governmental agency.
    (e) Such surety shall be rebated or credited to the account of the proprietor as the work progresses, as included in a written agreement between the city and the subdivider.
    (f) If the developer shall fail to complete the city improvements required by the city within the period of time stated in the written agreement for the completion of public improvements, the City Council may proceed to have such work completed from the remaining security funds available to it for such purpose.
    (1993 Code, § 62-35)