14-2-4 FINAL SUBDIVISION PLAT (PLANNING AND ZONING COMMISSION)

1. APPLICATION PROCEDURE AND REQUIREMENTS. Following the approval of the concept plat in the case of a minor subdivision, or of the preliminary plat in the case of a major subdivision, the applicant, if he wishes to proceed with the subdivision, shall file with the Planning and Zoning Commission an application for final approval of a subdivision plat. The application shall: a. Be made on forms available at the Office of the Administrative Assistant to the Planning and Zoning Commission, together with a fee based on the number of lots together with an additional fee for reproduction of plans as specified on the fee schedule. b. Include the entire subdivision, or section thereof, which derives access from an existing state, county or City highway. c. Be accompanied by a minimum of six (6) copies of the subdivision plat and the construction plans, as described in these regulations. d. Comply in all respects with the concept plat or preliminary plat, as approved, whichever is applicable, depending upon the classification of the subdivision and shall include the following: 1. Precise Location – Legal Description of Land, Lot Division - Dist. and Bearings. 2. Landscaping Plan. 3. Engineering, Plan and Profiles and CrossSections. 4. Submit Restrictive Covenants (Approval of Restrictive Covenants must be given by Wellington City Attorney). 5. Record any requirements easements in the office of the County Recorder. 6. A time schedule for the completion of landscaping, parking, street improvements and other improvements and amenities which are guaranteed by bonds or other securities. e. Be presented to the Administrative Assistant to the Planning and Zoning Commission at least seven (7) days prior to a regular meeting of the Commission in order that a public notice may be posted. The date of the regular meeting of the Commission in at which the public notice on final approval, including any adjourned date thereof, is closed, shall constitute the official submitting date of the plat for the purposes of these regulations. f. Be accompanied by all formal irrevocable offers of dedication to the public of all streets, City uses, utilities, parks, and easements, in a form approved by the City Attorney; and the subdivision plat shall be marked with a notation indicating the formal offers of dedication as follows: The owner, or his representative, hereby irrevocably offers for dedication to the City all the streets, City uses, easements, parks and required utilities shown in the within subdivision plat and construction plans in accordance with an irrevocable offer of dedication dated _______, and recorded in the County Recorder’s Office. By ___________________________ OWNER OR REPRESENTATIVE Date _________________________ The applicant shall deliver a full covenant and warranty deed to all such lands in proper form for recording, together with a title policy for the City in the sum not less than ten thousand ($10,000) dollars, which sum shall be determined by the City Attorney before signing of the final subdivision plat. g. Be accompanied by the performance bond, if required, in a form satisfactory to the City Attorney and in an amount established by the Planning and Zoning Commission upon recommendation of the City and shall include a provision that the principal of the bond shall comply with all the terms of the resolution of final subdivision plat approval as determined by the Planning and Zoning Commission and shall include, but not be limited to, the performance of all required subdivision and offsite improvements, and that all improvements and land included in the irrevocable offer of dedication shall be dedicated to the City free and clear of all liens and encumbrances of the premises. h. Be accompanied by an inspection fee in an amount to be determined on the basis of the provisions of these regulations and by written assurance from the public utility companies and improvement districts that necessary utilities will be installed and proof that the applicant has submitted petitions in writing for the creation or extension of any improvement districts as required by the Planning and Zoning Commission upon preliminary plat approval. The applicant shall also pay a fee as specified for each street sign shown in the construction plans, which street signs shall be installed by the City. ENDORSEMENT OF HEALTH AUTHORITIES. The final subdivision plat shall be properly endorsed by the Health Department or Health Officer with respect to all sewer and water facilities and that same comply with all rules, regulations, and requirements of City, regional, state, and national authorities. The Planning and Zoning Commission shall, within sixty (60) days after submission of final plat, approve, modify, and approve, or disapprove the subdivision application by resolution which shall set forth in detail any conditions to which the approval is subject, or reasons for disapproval. The Planning and Zoning Commission may require that all public improvements be installed and dedicated prior to the signing of the subdivision plat by the Chairman of the Planning and Zoning Commission. If the Planning and Zoning Commission shall not require that all public improvements be installed and dedicated prior to signing of the subdivision plat by the Chairman of the Planning and Zoning Commission, the amount of the bond shall be established by the Planning and Zoning Commission based upon the recommendation of the City Engineer, which bond shall be submitted by the applicant at the time of application for final subdivision plat approval. In the final resolution the Planning and Zoning Commission shall stipulate the period of time when the performance bond shall be filed or the required improvements installed, whichever is applicable. In no event shall a performance bond be submitted later than six (6) months from the date of final resolution, together with all required documents and completion of required procedures. In no event shall the period of time stipulated by the Planning and Zoning Commission for completion of required improvements exceed two (2) years from the date of the final resolution. One copy of the final subdivision plat shall be returned to the sub-divider with the date of approval, conditional approval, or disapproval, noted thereon, and the reasons therefore accompanying the plat. 4. SUBMISSION AND REVIEW. Subsequent to the resolution of the Planning and Zoning Commission, three (3) paper copies of the construction plans, and on (1) copy of the original of the subdivision plat on tracing cloth, and/or reproduction mylar, and two (2) copies of the subdivision plat on sepia paper and two (2) copies of the subdivision plat on paper shall be submitted to the Administrative Assistant for final review. A check payable to the County Recorder in the amount of the current filing fee shall be provided. No final approval shall be endorsed on the plat until a review has indicated that all requirements of the resolution have been met. 5. VESTED RIGHTS. No vested rights shall accrue to any plat by reason of preliminary or final approval until the actual signing of the plat by the Chairman of the Planning and Zoning Commission. All requirements, conditions, or regulations adopted by the Planning and Zoning Commission applicable to the subdivision or on all subdivisions generally shall be deemed a condition for any subdivision prior to the time of the signing of the final plat by the Chairman of the Planning and Zoning Commission. Where the Planning and Zoning Commission has required the installation of improvements prior to signing of the final plat, the Planning and Zoning Commission shall not unreasonably modify the conditions set forth in the final approval.