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Purpose: This section establishes the process to approve formal plats for recording with the Johnson County register of deeds.

A. Applicability

1. This section applies to any formal plat application. Final plat applications are filed after the preliminary plat is approved.

2. The applicant may file a final plat without first seeking preliminary plat approval provided the following are met:

a. The applicant must strictly observe all requirements of this title and may not request a modification of any standards established in Chapter 18.30.

b. Information required to be submitted with a preliminary plat within Section 18.40.150 and Chapter 18.94 will be provided with the final plat.

c. Use of this provision is not applicable for multi-phase developments unless otherwise determined by the Planning Official.

The Planning Commission will deny the plat if it does not conform to all applicable requirements within the statutory period for approving a plat. (Ord. 22-22 § 9, 2022)

B. Initiation

An application for final plat approval is filed with the Planning Official.

C. Completeness Review

See § 18.40.040 Completeness Review.

D. Decision

1. The Planning Commission will consider the final plat without a public hearing, unless the applicant requests a public hearing.

2. The Planning Commission may approve, approve with conditions, or deny the final plat.

3. The Planning Commission shall render its decision within 60 days after its first meeting after the plat is submitted to the Planning Official. If the Planning Commission fails to timely render its decision, the plat is deemed approved.

4. If the final plat is approved or the Planning Commission fails to render a timely decision, the Planning Official shall issue a certificate upon demand.

5. If the Planning Commission finds that the plat does not conform to subsection E below, it shall notify the owner or owners of that fact. The notice shall be in writing and shall specify in detail the reasons the plat does not conform to subsection E.

6. If the plat conforms to subsection E, the Planning Commission chair shall endorse on the plat the fact that the plat has been submitted to and approved by the Planning Commission. The secretary of the Planning Commission shall attest the chair's signature.

7. After the final plat is approved, the applicant shall submit it to the Governing Body for review if land is proposed to be dedicated for public purposes. The Governing Body shall approve or disapprove the dedication of land for public purposes within thirty (30) days after the first meeting of the Governing Body following the date of the submission of the plat to the City Clerk. The Governing Body may defer action for an additional thirty (30) days for the purpose of allowing for modifications to comply with the requirements established by the Governing Body. No additional filing fees shall be assessed during that period. The Governing Body shall advise the Planning Commission of its reasons for any deferral or disapproval of any dedication. Acceptance of lands and easements dedicated for public purposes that are approved by the Governing Body shall be endorsed on the plat by the Mayor. The City Clerk shall attest the Mayor's signature. (Ord. 02-54 § 2, 2002)

8. No plat shall be filed with the Register of Deeds office unless it bears the endorsement that the land dedicated to public purposes is approved by the Governing Body.

9. All conditions to approval of a subdivision by the Planning Commission or the acceptance of dedications of land by the Governing Body, and all waivers granted by the Planning Commission, shall be clearly stated on the final plat prior to its recording. (Ord. 02-54 § 2, 2002)

E. Approval Criteria

1. The Planning Commission shall approve a final plat if it determines that:

a. The final plat substantially conforms to the approved preliminary plat and any applicable conditions of approval.

b. The plat conforms to all applicable requirements of the Municipal Code, subject only to approved waivers.

2. If the applicant chooses not to submit a preliminary plat, the final plat is subject to the criteria for approving a preliminary plat and to subsection 1, above.

F. Subsequent Applications

1. A new plat application showing major modifications and/or revisions to the withdrawn or denied plat application may be submitted at any time.

G. Scope of Approval

1. After the Governing Body endorses its acceptance of lands and easements dedicated for public purposes, the final plat shall be recorded with the Register of Deeds of Johnson County as provided by law. No plat shall be recorded with the Register of Deeds prior to its endorsement by the Mayor.

2. After the applicant provides public improvements assurances and records the final plat, the applicant may construct the improvements shown on the plat and proceed to the building permit approval process.

H. Recordkeeping

1. Final plats shall be recorded with the Register of Deeds office within two (2) years following Governing Body approval of land dedicated to public purposes. Final plats which are not timely recorded are null and void.

2. No plat shall be recorded before the applicant submits satisfactory assurances for construction of public improvements.

I. Final Plat Extensions

1. Requests for final plat extension shall be made in writing to the Planning Official prior to the two (2) year expiration date provided above. Final plat extensions may only be granted by one of the following:

a. The Planning Official may administratively grant a one (1) year extension if no changes are made to any City ordinance, regulation or approved plans that would require a change in the final plat. The applicant may appeal the Planning Official’s denial of an extension to the Planning Commission.

b. The Planning Commission, upon appeal from the Planning Official’s decision to deny a final plat extension, may grant the one (1) year extension upon finding that the extension will not impact the City’s ability to administer current ordinances or regulations.

2. Final plat extensions are subject to all current excise taxes and/or development fees at the time of the extension approval. (Ord. 22-22 § 9, 2022; Ord. 15-16 §3, 2015)