(A) Purpose.
The purpose of a Final Plat is to assure that:
(1) The
proposed subdivision and development of the land to which the Plat
applies is consistent with all standards of this GDC pertaining to
the adequacy of public facilities;
(2) Public
improvements to serve the subdivision or development have been installed
and accepted by the City, or that provision for such installation
has been made; and
(3) All
other requirements and conditions have been satisfied or provided
for to allow the Final Plat to be recorded.
(B) Exceptions.
A Final Plat is not required when a Minor Plat is submitted (see Section
3.22 of this Chapter
3).
(Ordinance 6773 adopted 5/19/15)
(A) Application
Submission and Processing.
A complete application for Final Plat approval shall be submitted and will be processed in accordance with Section
3.06 of this Chapter
3 and the City’s Development Application Packet, as amended.
(B) Review
Process.
A Final Plat application shall be reviewed by the DRC and the Planning Director, in accordance with the procedures set forth in the City’s Development Application Packet, as amended. The Planning Director shall schedule the Final Plat application for Plan Commission consideration in accordance with Section
3.04 of this Chapter
3.
(C) Accompanying
Documents.
Before filing an application for a Final Plat, an applicant must submit required Site Engineering Drawings and a Working Plat. The Working Plat shall be reviewed and must have achieved acceptable status in accordance with the procedures set forth in the City’s Development Application Packet, as amended. Approval of the Final Plat application and approval of the Site Engineering Drawings are separate approvals. The approvals are governed by Division 3 of Article 2 of this Chapter
3 for the Final Plat, and by Division
1 and Division 3 of Article 6 of this Chapter
3 for the Site Engineering Drawings and Subdivision Improvement Agreements, respectively.
(D) Prior
Approved Preliminary Plat.
The Final Plat and all accompanying
data shall conform to the Preliminary Plat (if one was required) as
approved, incorporating all conditions imposed or required by the
Planning Director (or by the Plan Commission on appeal), if applicable.
(Ordinance 6773 adopted 5/19/15; Ordinance 7055, sec. 8, adopted 5/7/19)
(A) Review
and Determination.
The Plan Commission shall review the
Final Plat application, findings of the DRC, and any other information
submitted with the application or supplied by City staff. From all
such information, the Commission shall determine whether the Final
Plat application complies with this GDC and the City’s Development Application Packet, as amended.
(B) Action
by Plan Commission.
The Plan Commission shall either approve the Final Plat as submitted by the applicant or deny the Final Plat, using the standards set forth in Section
3.17 of this Chapter
3.
(C) Appeal.
The applicant may appeal a decision of the Plan Commission to deny a Final Plat to the City Council. The appeal shall be processed and decided in accordance with applicable provisions of Article 1, Division
1 of Chapter
5 of this GDC.
(Ordinance 6773 adopted 5/19/15; Ordinance 7107, sec. 40, adopted 12/3/19)
The following criteria shall be used to determine whether the
application for a Final Plat shall be approved or denied:
(A) Final
Plat with Prior Approved Preliminary Plat:
(1) The
Final Plat conforms to the approved Preliminary Plat (as may have
been amended);
(2) The Site Engineering Drawings conform to the requirements of Article 6, Division
1 of this Chapter
3, specifically, and Articles 3, 4 and 5 [Articles 4, 5 and 6] of this Chapter
3, generally, and have been approved by the Director of Engineering;
(3) Where
public improvements have been installed, the improvements conform
to the approved Site Engineering Drawings and have been approved for
acceptance by the Director of Engineering;
(4) Where public improvements have been deferred, a Subdivision Improvement Agreement has been executed in conformity with Article 6, Division 3 of this Chapter
3;
(5) The
final layout of the development meets all standards for adequacy of
public facilities contained in this GDC;
(6) All required easements, the design of all lots, and the provision of required monumentation are in accordance with Article 5, Division
12 of this Chapter
3;
(7) The
Final Plat meets all applicable county standards, when the proposed
development is located in whole or in part in the extraterritorial
jurisdiction of the City and in the county;
(8) The
Final Plat conforms to design requirements and construction standards
as set forth in the Technical Standards, as amended;
(9) The
Final Plat conforms with applicable criteria and checklist(s) in the
City’s Development Application Packet, as amended, and as may
have been provided to the applicant through the Planning Department;
and
(10) The first phase, and each subsequent phase, of a phased development
is capable of being developed and fully functional independent of
any other phase and in full conformance with the City’s Technical
Standards.
(B) Final
Plat with no Prior Approved Preliminary Plat:
(1) The Final Plat conforms to all criteria for approval of a Preliminary Plat (as if one had been required, see Section
3.10 of this Chapter
3); and
(2) The
Subdivision Improvement Agreement, if applicable, has been approved
by the Director of Engineering and executed in conformity with Article
6, Division 3 of this Chapter.
(Ordinance 6773 adopted 5/19/15; Ordinance 7107, sec. 41, adopted 12/3/19)
(A) For
Single- and Two-Family Residential Projects.
The approval
of a Final Plat:
(1) Supersedes
any prior approved Preliminary Plat for the same land.
(2) Authorizes the applicant to seek approval and issuance of Building Permits for individual lots (refer to Article 1, Division
4 in Chapter
4 of this GDC).
(3) Authorizes
the applicant to sell individual lots when all required public improvements
have been constructed, inspected and accepted by the City, and when
the Final Plat has been filed for record at the applicable county.
(B) For
Other Types of Development Projects.
The approval of
a Final Plat:
(1) Supersedes
any prior approved Preliminary Plat for the same land (if applicable).
(2) Authorizes the applicant to seek approval and issuance of a Site Permit (refer to Article 1, Division
3 in Chapter
4 of this GDC) and Building Permit (refer to Article 1, Division
4 in Chapter
4 of this GDC).
(3) Authorizes the applicant to install improvements in public rights-of-way in conformance with approved Site Engineering Drawings and under a Subdivision Improvement Agreement (refer to Article 6, Division 3 of this Chapter
3), if applicable.
(4) Authorizes
the applicant to sell individual lots when all required public improvements
have been constructed, inspected and accepted by the City, and when
the Final Plat has been filed for record at the applicable county.
(Ordinance 6773 adopted 5/19/15)
(A) Procedure.
The applicant shall supply to the Planning Department the required
number of signed and executed copies of the approved Final Plat that
will be needed to file the Plat, upon approval, at the applicable
county (in the county’s required format) within six months (that
is, 180 calendar days) following the approval date. The Final Plat
shall bear the notarized signatures of the property owner(s) and the
notarized seal of the Registered Professional Land Surveyor who prepared
the Plat.
(1) Signatures.
Following approval of the Final Plat and the submission of copies
for signatures, the Planning Director shall obtain the final two signatures
from the chairperson of the Plan Commission and the City Secretary
for execution of the Final Plat.
(2) Recording.
The Final Plat shall then be returned to the applicant for recording
at the applicable county. Failure to properly record the Final Plat
with the applicable county within six months (that is, 180 calendar
days) following approval will cause the Final Plat to become null
and void, and the applicant shall be required to re-initiate the platting
process.
(B) Submittal
of Final Plat Where Improvements Have Been Installed.
Where all required public improvements have been installed prior to recording of the Final Plat, the applicant shall meet all requirements in accordance with Articles 4, 5 and 6 of this Chapter
3.
(C) Submittal
of Final Plat Where Improvements Have Not Been Installed.
(1) Where only a portion (or none) of the required public improvements have been completed in connection with an approved Final Plat, with prior approved Preliminary Plat prior to its filing for record at the applicable county, the applicant shall submit and execute a Subdivision Improvement Agreement in conformance with Article 6, Division 3 of this Chapter
3, and only if such Subdivision Improvement Agreement is approved by the City may the applicant then submit the Final Plat for filing at the applicable county.
(2) For a Final Plat with no prior approved Preliminary Plat, the Final Plat recordation shall be done in accordance with Subsection
3.19(A) above. Improvements must be installed and accepted to obtain a Certificate of Occupancy unless improvements are deferred per Section
3.102 of this Chapter
3.
(3) No Building Permit shall be issued until the Final Plat for the property is approved by the City and filed for record at the applicable county (see Article 1, Division
4 in Chapter
4 of this GDC).
(Ordinance 6773 adopted 5/19/15; Ordinance 7107, sec. 42, adopted 12/3/19)
(A) No Expiration
After Recordation.
There is no expiration of a Final
Plat after it is approved by the City and recorded with the applicable
county.
(B) Expiration
if Not Recorded.
If an approved Final Plat is not timely recorded pursuant to Section
3.19 above then it shall become null and void.
(Ordinance 6773 adopted 5/19/15)
Replat or Amending Plat. Revisions may only be approved as a Replat (Section
3.39 of this Chapter
3) or Amending Plat (Section
3.40 of this Chapter
3).
(Ordinance 6773 adopted 5/19/15)