The final plat shall conform to the preliminary
plat as approved. The subdivider may record as a final plat that portion
of the approved preliminary plat which he proposed to develop immediately,
provided that such portion conforms to all requirements of this chapter.
[Amended 7-12-2016 by Ord. No. 16-15]
Copies of the final plat and other exhibits required for approval,
showing all or any part of a subdivision planned for immediate development,
shall be prepared as specified in this Chapter and shall be submitted
to the Director within one year after approval of the preliminary
plat. Once a preliminary subdivision plat is approved, it shall be
valid for a period of five years, provided the subdivider (i) submits
a final subdivision plat for all or a portion of the property within
one year of approval, and (ii) thereafter diligently pursues approval
of the final subdivision plat. If a subdivider fails to comply with
either condition (i) or (ii), the preliminary subdivision plat shall
be void. The Director shall approve or disapprove the final plat within
60 days after the date of submission.
[Amended 7-12-2016 by Ord. No. 16-15]
When a final subdivision plat has been approved,
executed and acknowledged in accordance with the provisions of this
Chapter, it shall be recorded in the office of the Clerk of the Circuit
Court of the City within 60 days after final approval thereof. Unless
such plat shall be filed for recordation as aforesaid within 60 days
after final approval thereof, such approval shall be withdrawn and
the plat marked "void" and returned to the Director.
[Added 12-14-1982 by Ord. No. 82-45]
A. The boundary lines of any lot or parcel may be removed, eliminated or otherwise vacated as part of an original recorded plat which created such line when a plat is submitted which meets the requirements of §
250-16A through
R of this Chapter. The plat need not be larger than 8 1/2 inches by 14 inches in size. The scale used may vary between one inch equals 10 feet to one inch equals 100 feet, as the Director approves, depending on the size and shape of the area to be included in the vacation and the ability to present all required information in a reasonable manner. Such plat shall be executed by the owner or owners of the property immediately affected by the vacation, as required herein, submitting three black-line copies and one regular transparency copy for signature. Recordation shall occur as provided in this Chapter. Such vacation of lot lines shall be exempt from all requirements of Part
4, Improvements, of this Chapter.
[Amended 7-12-2016 by Ord. No. 16-15]
B. This section shall not apply to any application involving
the relocation or alteration of streets, alleys, easements for public
passage or other public access. No easements or utility rights-of-way
shall be relocated or altered pursuant to this section without the
express consent of all persons holding a legally binding interest
therein.
C. The Director of Planning and Community Development
shall take action to either approve the plat by affixing his signature
to the plat and releasing it for recordation or rejecting the plat
with reasons for said rejection noted in writing and attached to the
plat.
[Added 10-12-2004 by Ord. No. 04-22; amended 7-12-2016 by Ord. No.
16-15]
D. Any decision the Director of Planning and Community
Development made pursuant to this article shall be appealable to the
Planning Commission upon the applicant's written notice to the
Secretary of the Commission for the vacation of a lot or parcel boundary
line. Such appeal shall be heard de novo, and the Commission shall
render a decision within 60 days of the applicant submitting the written
notice.
[Added 10-12-2004 by Ord. No. 04-22; amended 7-12-2016 by Ord. No.
16-15]
[Amended 7-12-2016 by Ord. No. 16-15]
No final subdivision plat shall be recorded unless and until
it has been submitted to and approved by the Director. No Clerk or
Deputy Clerk of the City Circuit Court shall file or record a plat
of subdivision until the Director has approved the plat and unless
the plat is submitted within 60 days of the date of the Director's
final approval.