§ 42-18. Same—Action on final plat.

(a)

The municipal planning commission shall act on a final plat within 30 days after the date the application for final plat is declared complete and considered filed by the city manager, unless such time is extended by agreement with the subdivider. If the municipal planning commission fails to act on the final plat within the prescribed period, the municipal planning commission, on request, shall issue a certificate stating the date the plat was declared and considered filed and that the municipal planning commission failed to act on the plat within the 30-day period. The certificate is effective in place of the endorsement required for the filing of the plat.

(b)

A subdivider may obtain approval of a section or phase of a subdivision, provided that the application conforms to the phasing indicated on the preliminary plat and meets all the requirements of this article with reference to such section or phase in the same manner as is required for a complete subdivision. If a final plat is approved by the planning and zoning commission in sections or phases, each record plat of each section is to carry the name of the entire subdivision, but is to bear a distinguishing letter, number or subpart. Block numbers shall run consecutively throughout the entire subdivision, even though such subdivision may be finally approved in sections or phases.

(c)

The planning and zoning commission shall determine whether the final plat is in proper form, that it is consistent with the zoning regulations, that it conforms with the provisions of this chapter and to the preliminary plat. Thereafter, the planning and zoning commission shall take action to approve, conditionally approve or disapprove such final plat. A notation of the action taken and requisite reasons therefore shall be entered in the records of the planning and zoning commission.

(d)

The city council will consider action taken by the planning and zoning commission within 30 days from the date of the action taken by planning and zoning. The city council must approve or disapprove the final plat with or without special conditions for final approval.

(e)

Final plats that are disapproved by the city council shall be returned to the subdivider by the city manager with an attached statement of the reasons for such action.

(f)

Any subdivider aggrieved by a finding or action of disapproval by the city council to the final plat, shall have the right to amend or modify its final plat to substantially conform with the preliminary plat and the requirements of this chapter and resubmit to the city council within 30 days from the date of such disapproval, but any appeal must be taken within 30 days of such action and not thereafter.

(Ord. No. 05-1162, § 9(C), 3-28-2005; Ord. No. 12-1193, § 2, 9-10-2012; Ord. No. 15-1212, § 2(Exh. 1), 7-13-2015)