9-9 Compliance with Final Plat

Every approved subdivision shall be constructed, developed or otherwise completed according to the provisions of this Ordinance, in conformance to the approved final plat and supplementary documents pertaining to such subdivision. It shall be the responsibility of the subdivider to ensure that such provisions are correctly constructed, installed or otherwise completed. Failure to comply with this provision shall constitute grounds for immediate termination of all work activity associated with such subdivision. Before resumption of work activity, the subdivider shall agree, in writing, to reconstruct, at their cost, those items not in conformance with the provisions of the title before the release of the security guaranteeing improvements. 9-10 Penalties Any plat of a subdivision filed or recorded without the approvals required by this chapter shall be null and void. Any owner or agent of the owner of any land located in a "subdivision", as defined in this chapter, who offers for sale or who transfers or sells any land in that subdivision or any possessory interest therein before a final plat of the subdivision has been approved and recorded as required in this chapter, shall be guilty of a class C misdemeanor and subject to penalty as provided in 1-7 of this Ordinance. A description by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring does not exempt the transaction from a violation or from the penalties or remedies provided in this Ordinance. 9-11 Fees The Subdivider shall be required to pay all application and subdivision related fees as determined by the Bryce Canyon City Fee Resolution. In addition, the subdivider shall reimburse Bryce Canyon City for any attorney and engineer costs related to the subdivision platting, recording and inspection of subdivision improvements. The application fee shall not be refundable, whether the subdivision proposal is approved or denied. 9-12 Planning Commission Approval. The Bryce Canyon City Planning Commission shall: 1. provide notice as required by UCA 20-9a-2. 2. hold a public meeting on a proposed Subdivision application. 3. approve recommendations for only those Preliminary Plats which it finds have been developed in accordance with the standards and criteria specified in this Ordinance and all other ordinances of Bryce Canyon City including, but not limited to, this Ordinance, major road plans, the Bryce Canyon City General Plan, building codes and other applicable rules and regulations. 4. consider the application and all materials submitted, as well as any input or comments received. The Bryce Canyon City Planning Commission may: 1. recommend onsite and offsite improvements, facilities and amenities if they are determined necessary and accompanied by a finding of the Planning Commission that such onsite and offsite improvements, facilities and amenities are required to protect the public health, safety and welfare of the residents of the subdivision, or the residents of Bryce Canyon City. 2. recommend approval of the preliminary subdivision application as presented, recommend approval with revisions and/or conditions or recommend denial of the preliminary subdivision application. The determination of the Bryce Canyon City Planning Commission shall be accomplished by findings of fact. The recommendations of the Planning Commission shall be made in writing to the City Council. 9-13 City Council Approval. The City Council shall: 1. consider each Subdivision application that the Planning Commission recommends. 2. provide notice as required by UCA 20-9a-2 and hold a public meeting. The City Council may: 1. approve the preliminary subdivision application as recommended by the Planning Commission. 2. approve the preliminary subdivision application with revisions, and/or conditions, or 3. deny the preliminary subdivision application. 4. consider the Planning Commission's failure to make a timely recommendation as a negative recommendation. 5. require onsite and offsite improvements, facilities and amenities if they are determined necessary to protect the health, safety and general welfare of the residents of the City, and are found consistent with the intent of this and other related ordinances. Approval of the preliminary subdivision application by the City Council shall: 1. not constitute final approval of the subdivision by the City but allows the applicant to proceed with the preparation of the final subdivision application and all required documents. 2. not authorize the development of land or the issuance of any building permit for the subdivision site or any proposed lots. 3. be effective for a period of one year from the date the preliminary subdivision application is approved by the City Council. If a final subdivision application is not submitted for approval within the one-year period, the preliminary subdivision approval shall be void, and the applicant shall be required to submit a new preliminary subdivision application for review and approval, subject to the related City and State rules and regulations in effect at that time.