§ 20-98. Review and approval.

(a)

The council shall consider the final plat within 20 days after the filing of the application.

(b)

A minimum of five days notice of the time and place the final plat shall be considered shall be sent by mail to the record owners of land located within or adjoining the plat.

(c)

The council shall, by resolution, approve, approve with conditions, or deny the final plat, stating in writing its reasons for such approval, approval with conditions, or denial. Such reasons shall be based on the standards in article V of this chapter and conditioned on compliance with the requirements in subsection (e) of this section.

(d)

Council may deny approval of the plat only if all the provisions of this Code have not been met.

(e)

In lieu of completing all or a portion of all improvements, final plat approval may be granted with the specific consent of the council; provided that as a condition of such approval, the applicant shall deposit with the city a true copy of an agreement showing that the applicant has deposited with a bank or other agent acceptable to the city, cash, certified check, irrevocable bank letter of credit, bond or other form of surety, such as a special assessment approved by council in an amount sufficient to guaranty the city the satisfactory construction, installation, completion and dedication of required improvements.

(1)

The amount of such deposit shall represent 100 percent of the estimated construction costs of completion of the required improvements, as determined by the city engineer. The applicant shall be responsible for providing a cost estimate to the city engineer for review. Said cost to include necessary design costs, permitting fees, construction costs, contingencies and other such customary project costs.

(2)

Such deposit shall comply with all statutory requirements and shall be satisfactory to the city attorney as to form, sufficiency and manner of execution as set forth in this chapter.

(3)

The city shall not accept dedication of required improvements, nor release or reduce the guaranty or surety until:

a.

The applicant has certified in a manner approved by the city attorney that the improvements have been completed and are free and clear of all liens and encumbrances;

b.

The city engineer has certified that the required improvements have been satisfactorily completed as required by this chapter; and

c.

The applicant shall have provided certification indicating that construction of required improvements has been satisfactorily completed. This certification shall include evidence of inspections as required by the land division act and by the city.

(4)

The guaranty or surety shall be reduced and refunded upon actual completion of required improvements and then only to the ratio that the completed improvement bears to the total improvements for the plat. In no event shall the surety be reduced below ten percent of the principal amount before final acceptance of all improvements by the council.

(5)

Building permits shall not be issued for construction of buildings or structures as regulated by the state construction code, except for signs permitted by chapter 46, pertaining to zoning, or structures authorized by the city council, prior to the completion and acceptance of the requirement improvements.

(6)

One Mylar copy, after state approval, and three paper copies of the final plat shall be provided to the city.

(7)

Two paper copies of as-built plans for all completed improvements shall be provided to the city.

(f)

A certificate shall be signed by the city clerk signifying approval by the city council of any plat, subdivision or site condominium. The certificate shall show the date of the meeting at which the approval was made and the date the certificate was signed by the city clerk. The certificate shall also include a statement that the plat was reviewed by the city council and that the plat, subdivision or site condominium is in conformance with all applicable provisions of the act.

(g)

If the plat, subdivision or site condominium is rejected, the clerk shall give the reasons, in writing, as set forth in the minutes of the meeting, to the proprietor.

(Prior Code, § 5.521; Ord. No. 98-09, 7-20-1998; Ord. No. 2000-01, 2-21-2000; Ord. No. 2010-10, § 10, 8-2-2010)