[R.O. 1991 § 425.250; Ord. No. 2901-14 § 1, 8-5-2014]
The intent of this Article is to provide the procedures and structure for all applications for plat submission. The procedures herein are designed to allow staff the earliest opportunity to make recommendations to the applicant that will ensure the proposal will comply with the Comprehensive Plan, Chapter 400, Zoning Regulations, and infrastructure plans for the City of Smithville and give the applicant the broadest design opportunities that are in compliance with those plans.
[R.O. 1991 § 425.255; Ord. No. 2901-14 § 1, 8-5-2014]
Prior to the filing of an application for plat approval, the applicant and/or the applicant's engineer, surveyor or land-planning consultant shall confer with the Community Development Director and/or the Development Review Committee to discuss, in general, the procedures and requirements for subdivision approval pursuant to these regulations and, more specifically, the tentative development plans of the applicant. The applicant should provide a sketch of the proposed plat that identifies the major features to be requested. Discussion should focus on applicable provisions of these regulations, physical features of the proposed development, the availability of public facilities and services, the timing and placement of public improvements and any Comprehensive Plan, Official Map and major street plan requirements for land use, parks, schools and public open spaces. The Community Development Director shall preliminarily determine whether a preliminary plat application should or will be necessary. Within ten (10) days of the meeting, the Community Development Director shall provide the applicant notice of any technical studies that will be submission requirements as a result of the proposed development. If the proposed development will be completed in one (1) single phase, the Director shall also notify the applicant of those provisions of 425.275 (A)(4) that will be required for the initial staff review submittal.
[R.O. 1991 § 425.260; Ord. No. 2901-14 § 1, 8-5-2014]
The Community Development Director, City Engineer, Planning and Zoning Commission or Board of Aldermen may require applicants for subdivision, development or permit approval to submit such technical studies as may be necessary to enable the Planning and Zoning Commission or Board of Aldermen to evaluate the application. Examples of technical studies that may be required shall include, but not be limited to, traffic studies, engineering studies, geological or hydrologic studies, environmental impact assessments or noise studies. The persons or firms preparing the studies shall be subject to the approval of the Community Development Director.
[R.O. 1991 § 425.265; Ord. No. 2901-14 § 1, 8-5-2014]
The applicant shall pay for all costs associated with any required technical studies, including, but not limited to, the City's review of such studies, as well as reimburse the City for any and all expenses associated with any notices and/or mailings provided as a result of any application herein.
[R.O. 1991 § 425.270; Ord. No. 2901-14 § 1, 8-5-2014]
A. 
The minor plat filing procedure is limited to those plats that require City approval, but do not implicate the full subdivision process. No person shall record a deed or other document adjusting the property boundary not otherwise approved by the procedures of this Section in the manner described herein. The following minor plats may be submitted for approval:
1. 
Lot line adjustments.
2. 
Property ownership divisions in "R-2" zoned property authorized by Section 400.130(F)(4).
3. 
Property ownership divisions in "R-3" zoned property authorized by Section 400.150(F)(4).
B. 
All such requests for minor plat approval shall provide all information necessary to enable the proposal to be properly evaluated, shall be accompanied by a filing fee in accordance with Section 425.090 and the preliminary record of survey showing the proposed new parcel boundaries and including complete legal descriptions.
C. 
After investigation and receipt of reports of other departments or affected agencies, the Director shall approve the minor plat or approve it subject to conditions or exactions necessary to conform to zoning and building ordinances or to facilitate relocation of existing utilities, infrastructure or easements, or to assure that the record of survey map is properly recorded, provided it is found in writing that the proposed minor plat conforms to local zoning and building ordinances. Such plat shall include a signature line for the City of Smithville with a certification that the plat complies with City ordinances.
[R.O. 1991 § 425.275; Ord. No. 2901-14 § 1, 8-5-2014]
A. 
After reaching the preliminary conclusions regarding the requirements for the proposed subdivisions and it is determined that the proposal will be completed in more than one (1) phase, the applicant shall submit a preliminary plat application, together with any supplementary information necessary to the Community Development Director.
1. 
Submission of a preliminary plat application shall include the following items:
a. 
Filing Fee. The filing fee in accordance with Section 425.090 shall accompany the filing of each preliminary plat. The preliminary plat shall not be accepted for filing until the filing fee therefor has been paid.
b. 
Number Of Copies. The applicant shall submit five (5) full-sized (minimum size is twenty-four (24) inches by thirty-six (36) inches) copies of the preliminary plat for use by staff during the initial submission review. After completion of staff review and any required revisions have been made, the applicant shall submit five (5) full-sized copies of the revised preliminary plat and five (5) full-sized copies of a vicinity map (if not on the preliminary plat) showing the location of the subdivision, twelve (12), eleven-inch-by-seventeen-inch copies of the same, as well as provide a digital copy in both AutoCAD and PDF formats. These revised or additional plans shall be filed with the Community Development Director at least twenty (20) days prior to a regular Planning and Zoning Commission meeting at which the preliminary plat is to be considered.
c. 
The applicant shall submit with the initial submission of the preliminary plat a complete list of the names and mailing addresses of all owners of record of all land within two hundred (200) feet of the property being proposed for subdividing or resubdividing in Word format, as well as the legal description of the property included in the application in Word format.
d. 
Preliminary plats shall contain:
(1) 
The proposed name of the subdivision. (The name shall not duplicate or too closely resemble the name or names of any existing subdivision.)
(2) 
The location of the boundary lines of the subdivision and reference to the section or quarter section lines.
(3) 
The legal description of the entire tract to be subdivided and reference of the legal description to at least one (1) corresponding point designated in the Missouri State Plane Coordinate System.
(4) 
The names and addresses of the applicant(s), developer(s) and owner(s) of record and the name, address and seal of the engineer, architect, land planner or land surveyor who prepared the plat.
(5) 
Scale of the plat; one (1) inch equals one hundred (100) feet or larger.
(6) 
Date of preparation and north point on each map, sheet or plan.
(7) 
Existing conditions within two hundred (200) feet:
(a) 
Location, width and name of platted streets or other public ways, railroads and utility rights-of-way, parks and other public open spaces and permanent buildings within or adjacent to the proposed subdivision.
(b) 
All existing sewers, water mains, gas mains, culverts or other underground installations, within or adjacent to the proposed subdivision, with pipe size and manholes, grades and location.
(c) 
Names of adjacent subdivisions together with arrangement of streets and lots and owners of adjacent parcels of unsubdivided land.
(d) 
Topography (unless specifically waived) with contour intervals of not more than two (2) feet, referred to City or USGS datum; where the ground is too flat for contours, spot elevations shall be provided.
(e) 
Location of watercourses, bridges, wooded areas, lakes, ravines and such other features as may be pertinent to the subdivision.
(8) 
The general arrangements of lots and their approximate size.
(9) 
Location and width of proposed streets, alleys, pedestrianways and easements.
(10) 
The name(s) of the proposed streets. The names shall not duplicate other existing or proposed streets, unless it is an extension of an existing street.
(11) 
The general plan of sewage disposal, water supply and drainage.
(12) 
Location and size of proposed parks, playgrounds, churches, school sites or other special uses of land to be considered for reservation or dedication for public use.
(13) 
General layout of adjacent unsubdivided property to show how streets and other public facilities in the proposed subdivision relate to the unsubdivided property.
(14) 
The location of lots, streets, public highways, alleys, parks and other features, with accurate dimensions in feet and decimals of feet with the length of radii on all curves, and other information necessary to reproduce the plat on the ground. Dimension shall be shown from all curbs to lot lines. Lot dimensions at the building setback line shall be shown.
(15) 
A description of each of the proposed phases of development, with each phase clearly identified on all maps, drawings and plans.
(16) 
The location of any and all temporary improvements for safe ingress and egress and access to all areas of each phase or phases of development on all maps, drawings and plans.
(17) 
Each phase shall provide for the logical progression of streets and utilities, including, but not limited to, sanitary sewers, stormwater management, electric, water, gas, cable television and street lighting.
e. 
Development Agreement Submittals. Technical Studies identified by the Community Development Director following the preapplication meeting as required studies shall be submitted with the preliminary plat. Such initial studies may include, but not be limited to, traffic studies, sanitary sewer studies, storm sewer/water quality studies and waterline studies.
2. 
Development Review Committee And Schedules. Once the applicant has submitted a complete preliminary plat application, staff shall begin review of each of the submittals, including any required technical studies. Upon making initial determinations of the studies, staff shall schedule a Development Review Committee meeting with the applicant. The Development Review Committee meeting with the applicant shall include discussion concerning the technical studies, and include a proposed development agreement time line for improvement installation in accordance with the proposed phasing plan submitted by the applicant.
3. 
Guidelines For Review. The Planning and Zoning Commission shall consider the following criteria in making a recommendation on the preliminary plat:
a. 
The plat conforms to these regulations and the applicable provisions of Chapter 400, Zoning Regulations, and other land use regulations.
b. 
The plat represents an overall development pattern that is consistent with the goals and policies of the Comprehensive Plan.
c. 
The development shall be laid out in such a way as to result in:
(1) 
Good natural surface drainage to a storm sewer or a natural watercourse.
(2) 
A minimum amount of grading on both cut or fill and preservation of good trees and other desirable natural growth.
(3) 
A good grade relationship with the abutting streets, preferably somewhat above the street.
(4) 
Adequate lot width for the type or size of dwellings contemplated, including adequate side yards for light, air, access and privacy.
(5) 
Adequate lot depth for outdoor living space.
(6) 
Generally regular lot shapes, avoiding acute angles.
(7) 
Adequate building lots that avoid excessive grading, footings or foundation walls.
d. 
The plat contains lot and land subdivision layout that is consistent with good land planning and site engineering design principles.
e. 
The location, spacing and design of proposed streets, curb cuts and intersections are consistent with good traffic engineering design principles.
f. 
The plat is served or will be served at the time of development with all necessary public utilities and facilities, including, but not limited to, water, sewer, gas, electric and telephone service, schools, parks, recreation and open space and libraries in the form of a development agreement.
g. 
The plat shall comply with the stormwater regulations of the City and all applicable storm drainage and floodplain regulations to ensure the public health and safety of future residents of the subdivision and upstream and downstream properties and residents. The Commission shall expressly find that the amount of off-site stormwater runoff after development will be no greater than the amount of off-site stormwater runoff before development.
h. 
Each lot in the plat of a residential development has adequate and safe access to/from a local street.
i. 
The plat is located in an area of the City that is appropriate for current development activity; it will not contribute to sprawl nor to the need for inefficient extensions and expansions of public facilities, utilities and services.
j. 
If located in an area proposed for annexation to the City, the area has been annexed prior to, or will be annexed simultaneously with plat approval.
k. 
The applicant agrees to dedicate land, right-of-way and easements, as may be determined to be needed, to effectuate the purposes of these regulations and the standards and requirements incorporated herein.
l. 
All applicable submission requirements have been satisfied in a timely manner.
m. 
The applicant agrees, in the form of a development agreement, to provide additional improvements, which may include any necessary upgrades to adjacent or nearby existing roads and other facilities to current standards and shall include dedication of adequate rights-of-way to meet the needs of the City's transportation plans.
4. 
Preliminary Plats — Action By Commission — Public Hearing. Within sixty (60) days after the submission of a preliminary plat, the Planning and Zoning Commission shall hold a public hearing on the preliminary plat application, except that the sixty-day period may be extended with the consent of the applicant. Notice of the hearing shall be provided in accordance with the requirements for rezoning applications. After such public hearing, the Planning and Zoning Commission shall recommend to the Board of Aldermen its approval or disapproval of the plat. Action by the Planning and Zoning Commission shall be conveyed to the applicant in writing within ten (10) days after the official Planning and Zoning Commission meeting that the plat was considered. In cases where the recommendation is for the disapproval of the plat, the applicant shall be notified of the reason for such action and what requirements shall be necessary to obtain the recommendation of approval of the Planning and Zoning Commission.
5. 
Preliminary Plats — Action By Governing Body.
a. 
If the Planning and Zoning Commission rejects or withholds approval of a plat, the applicant may request that said plat be submitted to the Board of Aldermen, and the Planning and Zoning Commission shall forward the proposed plat, together with its recommendation, stating the reason or reasons for the action taken. If the Planning and Zoning Commission recommends approval of a plat, said plat shall be placed on the next available meeting of the Board of Aldermen.
b. 
The Board of Aldermen shall review the application, the plat, the record of the public hearing and the Commission's recommendation and may approve, conditionally approve or disapprove the preliminary plat. The Board shall base its review and decision on the criteria contained in Subsection (A)(3) herein and such other factors as it deems relevant and applicable and then may make such finding and determinations as are deemed proper.
6. 
Effect Of Preliminary Plat Approval. The approval of the preliminary plat by the Board confers upon the applicant, for a period of twenty-four (24) months from the date of the approval, the right to proceed to final plat approval and to develop the subject tract or parcel pursuant to the terms and conditions pursuant to which the preliminary plat approval was granted by the Board. The Planning and Zoning Commission may, before the expiration of a period of six (6) months from Board approval, due to substantial justification or change in the area or applicable codes and regulations, require the redesign and/or resubmission of the preliminary plat. Only the Commission may extend the two-year period and only if the applicant has applied in writing for an extension and the Commission determines that a longer period should be granted due to unusual circumstances. If no final plat on any portion of a subdivision for which preliminary approval has been granted is approved within said two-year period or such longer period as the Commission may expressly allow, a resubmission of the preliminary plat (or a revised preliminary plat) shall be required pursuant to the then-current subdivision regulations and any other applicable land use regulations or requirements. In the event that a final plat for any portion is approved according to these provisions but then no construction occurs on any of the lots for a period of seven (7) years, and subsequently a new application for final plat approval is submitted on any subsequent phase, the new final plat shall be made compliant with the then-current subdivision regulations and any other applicable land use regulations or requirements. After approval of a preliminary plat, the applicant may proceed to prepare and file a construction plan as may be required for all public facilities and utilities to be provided and may submit the proposed final plat to the Commission for action.
[R.O. 1991 § 425.280; Ord. No. 2901-14 § 1, 8-5-2014]
After reaching the preliminary conclusions regarding the requirements for the proposed subdivision at the preapplication conference and it is determined that the proposal will be completed in one single phase, the applicant shall submit an initial draft of the proposed final plat that includes those items identified by the Community Development Director following the preapplication conference. Staff shall then conduct an initial review of the submittal(s) and submit to the applicant a staff recommendation concerning the compliance of the initial draft submittal with applicable Comprehensive Plan and zoning requirements. Upon receipt of the staff report, the applicant may then submit a final plat application in accordance with Section 425.285.
[R.O. 1991 § 425.285; Ord. No. 2901-14 § 1, 8-5-2014]
A. 
All applications for final plat shall be in accordance with these regulations:
1. 
All requests for a final plat shall submit the proposed plat application together with any supplementary information necessary to the Director.
2. 
All applications for final plat approval shall include the following items:
a. 
Filing Fee. A filing fee in accordance with Section 425.090 shall be paid with the initial application. The proposed plat shall not be accepted for filing until the filing fee therefor has been paid.
b. 
Number Of Copies. The applicant shall initially submit five (5) full-sized (twenty-four-inch-by-thirty-six-inch) copies of the proposed plat for use by staff during the initial submission review by the Development Review Committee. After completion of staff review and all required revisions have been made, the applicant shall submit five (5) full-sized copies of the revised plat and five (5) full-sized copies of a vicinity map (if not on the plat) showing the location of the subdivision, twelve (12), eleven-inch-by-seventeen-inch copies of the same, as well as provide a digital copy in both AutoCAD and PDF formats. These revised or additional plans shall be filed with the Director at least twenty (20) days prior to a regular Planning and Zoning Commission meeting at which the plat is to be considered. Failure to timely submit revised copies of the plat will be considered a request for an extension of time and delay the item on the Commission agenda.
3. 
Information. The final plat shall be sized and laid out to meet the standards for recording the document in accordance with the County Recorder's office in which the subdivision is located, and show and contain the following information:
a. 
Name of subdivision (not to duplicate or too closely resemble the name of any existing subdivision).
b. 
Location of section, township, range, County and State, including the descriptive boundaries of the subdivision based on an accurate traverse, giving angular and linear dimensions which must be mathematically correct. The allowable error of closing on any portion of the plat shall be one (1) foot in five thousand (5,000).
c. 
The location of existing monuments or bench marks shall be shown and described on the final plat. Location of such monuments shall be shown in reference to existing official monuments or the nearest established street lines, including the true angles and distances to such reference points or monuments.
d. 
The State plane coordinates tied to the Clay County Assessor's geographic information system (GIS).
e. 
The location of lots, streets, public highways, alleys, parks and other features, with accurate dimensions in feet and decimals of feet with the length of radii on all curves and other information necessary to reproduce the plat on the ground. Dimension shall be shown from all curbs to lot lines.
f. 
Lots shall be numbered clearly. Blocks shall be numbered or lettered clearly in the center of the block.
g. 
The exact locations, widths and names of all streets and alleys to be dedicated.
h. 
Boundary lines and description of the boundary lines of any area other than streets and alleys which are to be dedicated or reserved for public use.
i. 
Building setback lines on the front and side streets with dimensions.
j. 
Name, signature and seal of the licensed engineer or registered land surveyor preparing the plat.
k. 
Scale of the plat (scale to be shown graphically and in feet per plat scale inch), date of preparation and north point.
l. 
Statement dedicating all easements, streets, alleys and all other public areas not previously dedicated.
m. 
The following certificates, which may be combined where appropriate:
(1) 
A certificate signed and acknowledged by all parties having any record, title or interest in the land subdivided and consenting to the preparation and recording of said subdivision map.
(2) 
A certificate signed and acknowledged as above, dedicating or reserving all parcels of land shown on the final plat and intended for any public or private use, including those parcels which are intended for the exclusive use of the lot owners of the subdivision, their licensees, visitors, tenants and servants.
(3) 
A certificate signed by the registered land surveyor responsible for the survey and final map. His/her seal shall accompany the signature of the said surveyor.
(4) 
The acknowledgement of a notary in the following form:
Notary Public
State of ____________, County of ____________, SS.
Be it remembered that on this ____________ day of ____________, 20___, before me, a notary public in and for said County and State, came ____________ to me personally known to be the same person who executed the foregoing instrument of writing and duly acknowledged the execution of same. In testimony whereof, I have hereunto set my hand and affixed my notarial seal the day and year above written.
(SEAL)
My Commission Expires: ____________
(5) 
The acknowledgement of the City in one of the following:
(a) 
For multi-phase subdivisions, the following certificate(s) shall be included:
(i) 
The certificate of the Planning and Zoning Commission in the following form:
The preliminary plat of subdivision was submitted to and approved by the Smithville Planning and Zoning Commission on the ____________ day of ____________, 20___.
(SEAL)
Chairman
(SEAL)
Secretary
(ii) 
The approval of the plat by the Board of Aldermen in the following form:
This final plat approved by the Board of Aldermen of Smithville, Missouri, this ____________ day of ____________, 20___.
(SEAL)
Mayor
ATTEST:
, City Clerk
(b) 
For single-phase subdivisions, the following certificate(s) shall be included:
(i) 
The certificate of the Planning and Zoning Commission in the following form:
The final plat of ____________ subdivision was submitted to and approved by the Smithville Planning and Zoning Commission on the ____________ day of ____________, 20___.
(SEAL)
Chairman
(SEAL)
Secretary
(ii) 
The approval of the plat by the Board of Aldermen in the following form:
This final plat approved ____________ by the Board of Aldermen of Smithville, Missouri, this ____________ day of ____________, 20___.
(SEAL)
Mayor
ATTEST:
, City Clerk
(6) 
A blank space for noting entry on the transfer record in the following form:
Entered on transfer record this ____________ day of ____________, 20___.
County Recorder
n. 
The following additional data and documents shall be submitted with the final plat:
(1) 
A title report by an abstract or a title insurance company, or an attorney's opinion of title, showing the name of the owner of the land and all other persons who have an interest in or an encumbrance on the plat. The consent of all such persons shall be shown on the plat.
(2) 
A certificate showing that all taxes and special assessments due and payable have been paid in full. If such taxes have been protested as provided by law, monies or other sufficient escrows guaranteeing such payment of taxes in the event the protest is not upheld may be placed on deposit with such officials or Governing Bodies to meet this requirement.
(3) 
A copy of any restrictive covenants applicable to the subdivision.
(4) 
Certification from the engineer or surveyor platting said area that all permanent monuments as required have been set.
(5) 
Engineered drawings of construction plans for required improvements as specified in Section 425.330.
o. 
The applicant shall submit, with the initial submission of the plat, a complete list of the names and mailing addresses of all owners of record of all land within two hundred (200) feet of the property being proposed for subdividing or resubdividing, as well as the legal description of the property included in the application in Word format.
4. 
Guidelines For Review — Single-Phase Subdivisions. The Planning and Zoning Commission shall consider the following criteria in making a recommendation on the plat:
a. 
The plat conforms to these regulations and the applicable provisions of Chapter 400, Zoning Regulations, and other land use regulations.
b. 
The plat represents an overall development pattern that is consistent with the goals and policies of the Comprehensive Plan.
c. 
The development shall be laid out in such a way as to result in:
(1) 
Good natural surface drainage to a storm sewer or a natural watercourse.
(2) 
A minimum amount of grading on both cut or fill and preservation of good trees and other desirable natural growth.
(3) 
A good grade relationship with the abutting streets, preferably somewhat above the street.
(4) 
Adequate lot width for the type or size of dwellings contemplated, including adequate side yards for light, air, access and privacy.
(5) 
Adequate lot depth for outdoor living space.
(6) 
Generally regular lot shapes, avoiding acute angles.
(7) 
Adequate building lots that avoid excessive grading, footings or foundation walls.
d. 
The plat contains lot and land subdivision layout that is consistent with good land planning and site engineering design principles.
e. 
The location, spacing and design of proposed streets, curb cuts and intersections are consistent with good traffic engineering design principles.
f. 
The plat is served or will be served at the time of development with all necessary public utilities and facilities, including, but not limited to, water, sewer, gas, electric and telephone service, schools, parks, recreation and open space and libraries.
g. 
The plat shall comply with the stormwater regulations of the City and all applicable storm drainage and floodplain regulations to ensure the public health and safety of future residents of the subdivision and upstream and downstream properties and residents. The Commission shall expressly find that the amount of off-site stormwater runoff after development will be no greater than the amount of off-site stormwater runoff before development.
h. 
Each lot in the plat of a residential development has adequate and safe access to/from a local street.
i. 
The plat is located in an area of the City that is appropriate for current development activity; it will not contribute to sprawl nor to the need for inefficient extensions and expansions of public facilities, utilities and services.
j. 
If located in an area proposed for annexation to the City, the area has been annexed prior to, or will be annexed simultaneously with plat approval.
k. 
The applicant agrees to dedicate land, right-of-way and easements, as may be determined to be needed, to effectuate the purposes of these regulations and the standards and requirements incorporated herein.
l. 
All applicable submission requirements have been satisfied in a timely manner.
m. 
The applicant agrees to provide additional improvements, which may include any necessary upgrades to adjacent or nearby existing roads and other facilities to current standards and shall include dedication of adequate rights-of-way to meet the needs of the City's transportation plans.
5. 
Guidelines For Review — Subdivisions With An Approved Preliminary Plat.
a. 
The final plat shall conform as closely as possible to the approved preliminary plat with no substantial deviations from said plat. All improvements and facilities to be provided by the developer shall be approved by the Director and installed prior to the issuance of any building permit or adequate security in lieu of making improvements shall be provided in accordance with Section 425.340 of these regulations. The developer shall offer all required dedications and easements before the Board may approve the final plat.
b. 
Prior to submitting the final plat to the Board, the Development Review Committee shall review the plat for substantial deviation from the approved or conditionally approved preliminary plat. If the final plat is found to deviate substantially from the approved preliminary plat, the applicant must submit a new final plat eliminating all such deviations. If the applicant decides to not eliminate the deviations, the applicant must submit a new preliminary plat, and such new preliminary plat will be subject to the subdivision or other applicable land development regulations in effect at the time of the new submittal. Substantial deviations may include, but are not necessarily limited to, the following:
(1) 
A change in the location or design of a public street or sidewalk;
(2) 
A change in the layout of lots or blocks;
(3) 
A change in access to lots;
(4) 
A change in areas, streets, rights-of-way or easements to be reserved or dedicated;
(5) 
A change in the drainage plan which increases the runoff from the tract;
(6) 
A change in the public utilities and facilities to be provided;
(7) 
A change in the number and/or size of lots; and
(8) 
A change in the extent of buffering between the proposed subdivision and adjacent areas and/or land uses.
c. 
Appeal Of Substantial Deviation Determination. In the event that the applicant disagrees with the determination that a substantial deviation from the preliminary plat exists, the applicant may appeal the determination to the Planning and Zoning Commission. As a condition to filing such appeal, the applicant consents to extend the time for completing the review of the application. The Commission shall review the application and make its own determination whether a substantial deviation has occurred at the next available meeting. If the Planning and Zoning Commission determines that no substantial deviation exists, the application will proceed to the next Board meeting for final plat action. If the Planning and Zoning Commission determines that a substantial deviation exists, they shall forward its finding and recommendation of denial of the application, and the application will proceed to the next Board meeting for final plat action.
6. 
Board Action. Within sixty (60) days after the submission of a final plat, the Board shall approve or disapprove the plat; otherwise the plat is deemed approved by the Board, except that the sixty-day period may be extended with the consent of the applicant. Action by the Board shall be conveyed to the applicant in writing within ten (10) days after the official Board meeting, at which time the plat was considered. In case the plat is disapproved for a substantial deviation from the preliminary plat, the applicant shall be notified of the reason for such action and what requirements shall be necessary to meet the approval of the Board.
7. 
Effective Date. The approval of the final plat shall be effective for thirty-six (36) months, except that the Board may, after a minimum period of six (6) months due to substantial justification or change in the area or applicable codes and regulations, require the redesign and/or resubmission of a preliminary plat.
[R.O. 1991 § 425.290; Ord. No. 2901-14 § 1, 8-5-2014]
Within ninety (90) days following the final plat approval by the Board, and in compliance with Section 425.320, three (3) reproducibles of the final plat shall be filed by the City Clerk with the County Recorder of Deeds; after acknowledgment by the County Recorder of Deeds, one (1) copy shall be retained by the Recorder and two (2) returned to the City Clerk, one (1) copy to be retained by the Clerk and the other to be transmitted to the Community Development Director. The applicant shall bear all expenses in connection with the filing of the final plat, and the Clerk shall not be required to file the plat until the applicant has paid the required filing fee.