§ 25-69. Processing of final plat.

(a)

Whenever the final plat has been submitted to the staff, which final plat conforms in general to an approved preliminary plat, and the provisions of section 25-66, the commission shall have the final authority to approve the final plat.

(b)

The staff shall transmit the final plat to the subdivision review committee for their review. The recommendation of the subdivision review committee shall be transmitted to the planning commission prior to the next scheduled planning commission meeting where zoning and subdivision matters are discussed.

(c)

The staff may cause the developer's engineer and/or surveyor to check the final plat for correctness, charging the cost to the developer if the plat is found to be in error, and the preparer fails to make the necessary correction.

(d)

Failure of the planning commission to act within forty-five (45) calendar days from receipt of application shall be deemed approval of final plat, and waives all further plat requirements of these rules and regulations. Such failure to act shall be so noted by the staff on the plat to be filed for record.

(e)

The basis for disapproval of the final plat shall include any of the following:

(1)

Failure to install improvements according to detailed plans and specifications as previously approved by the planning commission.

(2)

Failure to comply with any written agreements or conditions of approval.

(3)

Failure to post satisfactory guarantee of improvements as described above in section 25-66(3).

(f)

If the final plat is disapproved, the applicant shall be so notified in writing and the reasons therefore shall be enumerated.

(g)

Final approval of the final plat shall be indicated by the chairman of the planning commission by execution of a certificate of final plat approval on the plat upon receipt of one (1) of the following:

(1)

A formal letter submitted by the city engineer stating that all improvements and installations to the subdivision have been completed in accordance with the plans and specifications previously approved by the planning commission. The city engineer shall have ten (10) calendar days to review the final plat and on-site improvements, determine conformance or nonconformance, and notify the director of planning and the developer of his findings.

(2)

A performance bond shall:

a.

Be with the city.

b.

Be in the amount determined by the city engineer to be sufficient to complete the improvements and installations for the subdivision in compliance with these rules and regulations.

c.

Be with surety by a company entered and licensed to do business in the state.

d.

Specify the time for completion of the improvements and installations.

e.

Be filed in the city clerk's office.

f.

Be presented only in the form in section 25-66(3)b.

(h)

Approval of final plat by the commission shall be deemed acceptance of any dedication shown on the plat. These dedications shall be accepted by the city or county as prescribed by law.

(i)

No street or alley, which shall be dedicated to public use by the proprietor of ground in the city, shall be deemed a public street or alley, or to be under the care or control of the city council, unless the dedication shall be accepted and confirmed by an ordinance especially passed for that purpose.

(Subdivision Regulations, § II(G))