§ 12-42. Final plat application procedure.

(a)

Twenty (20) copies of the final plat, folded to eight and one-half (8½) inches by eleven (11) inches in size, at a scale of one (1) inch equals one hundred (100) feet, and three (3) prints at a scale of one (1) inch equals two hundred (200) feet, of the final plat, accompanied by an application form supplied by the planning commission, a filing fee to be established by the governing authority by resolution, together with copies of any deed restrictions where such restrictions are too lengthy to be shown on the plat, shall be submitted to the planning commission. Application shall be made no later than the second Monday of the month to be heard at the next meeting of the planning commission.

(b)

When the final plat conforms to the approved preliminary plat, and the requirements of this chapter have been accomplished, the final plat shall be approved by the planning commission, and the plat thereupon submitted to the governing authority for its review and final determination. When the final plat does not conform to the approved preliminary plat, the planning commission shall submit its recommendations to the governing authority for approval or disapproval of the final plat. The subdivider or his agent must be present at the planning commission meeting scheduled to hear the submitted application unless otherwise advised by the director of the planning commission.

(c)

If the subdivision improvements required in chapter 4 of this title have not already been installed as explained in subsection 12-40(f), the subdivider may either:

(1)

Proceed to install the required improvements before the subdivision may be recorded and lots sold; or

(2)

A performance bond must be provided to cover the costs of the required improvements and the subdivision may be recorded immediately and lots sold.

Once the improvements have been installed, a maintenance bond must be provided as described in subsection 12-97(d), after which the performance bond is released.

(d)

After approval of the final plat by the governing authority and required improvements are installed or appropriate arrangements have been made therefor, a cloth-backed original plat shall be recorded in the office of the chancery clerk within one (1) year and, if not filed, such plat shall have no validity and shall not be recorded without concurrence of the planning commission. A cloth-backed copy of the recorded plat shall be provided to the planning commission for its official records.

(e)

Any land dedicated to the city for park purposes in a subdivision shall be conveyed to the city free and clear of all encumbrances at the same time the plat of subdivision is filed, such deeds to be without restrictions or covenants except requirement that the land be used for park purposes without reversion and without references to the subdivision, if any, on which the land is shown.

(Ord. No. 29, art. IV(G), 4-5-83; Ord. of 6-18-89(2), § 3; Ord. of 12-8-95(2), § III; Ord. of 4-16-96(4), § II)