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Lake Como City Zoning Code

§ 17-13.7

Submission of Final Plat for Major Subdivision and Site Plan Approval.

[Ord. No. 90-535]
A final plat is required of all major subdivision and development proposals requiring site plan review.
a. 
Procedure for Submission of Final Plat.
1. 
A final plat shall be submitted to the Administrative Officer within three years after the date of the preliminary approval or extension. The final plat and all supporting drawings and documents shall be submitted at least three weeks prior to the regular Planning Board meeting. Applications submitted two weeks before the meeting may be heard at the discretion of the Planning Board.
2. 
When applying to the Board for final approval, the applicant shall carry out the following steps:
(a) 
Incorporate all changes or modifications required by the Board in the approval of the preliminary plat.
(b) 
Pay the required fees pursuant to Section 7-15.
(c) 
Submit to the Administrative Officer copies of the final plat and three copies of the application for final approval. (For subdivisions, include the original tracings).
(d) 
Submit three copies of deeds of dedication for all properties, including street rights-of-way which are offered to the Borough for dedication.
(e) 
In cases involving subdivision approval, submit a statement by the Borough Engineer that he is in receipt of a map showing all improvements in exact locations and elevations, certifying the accuracy of the details of the plat, identifying these portions already installed and those to be installed, and that the applicant has complied with one or both of the following:
(1) 
Installed all improvements in accordance with the requirements of these regulations; or
(2) 
Posted a performance guarantee in a form and amount acceptable to the Borough Council, according to the provisions of Section 17-15.
b. 
Action by the Borough.
1. 
Taking into consideration any action by the County Planning Board, the Board shall take formal action, either approving or disapproving the final plat application, within 45 days of its complete and proper submission to the Administrative Officer. If the Board approves the plat, a notation to that effect shall be made on each plat and shall be signed by the Chairman and Secretary of the Board.
2. 
Failure of the Board to act within 45 days or a mutually agreed upon extension shall be deemed to be favorable approval, and the Secretary of the Board shall issue a certificate or letter to that effect.
3. 
The final subdivision plat shall be filed by the applicant with the County Recording Officer within 95 days from date of approval. No approved plat shall be accepted for filing by the County Recording Officer unless it has been duly approved by the Borough Planning Board and the County Planning Board (or acting Chairman and acting Secretary) and the County Planning Director or his representative. In the event of a failure to file within the 95 days, the approval of the major subdivision shall expire, and any further proceedings shall require the filing of a new plat. The Borough Council, for good cause shown, may extend the time for filing for an additional time period not to exceed 95 days. If approval has expired, a final plat may be resubmitted to the Planning Board if it is done so within three years of the date of preliminary plat approval. The applicant must submit a sketch plat as in the first instance if three years have elapsed since the date of preliminary plat approval.
c. 
Effect of Final Approval. Final approval shall confer upon the representative. In the event of a failure to file within the 95 days, the approval of the major subdivision shall expire, and any further proceedings shall require the filing of a new plat. The Borough Council, for good cause shown, may extend the time for filing for an additional time period not to exceed 95 days. If approval has expired, a final plat may be resubmitted to the Planning Board if it is done so within three years of the date of preliminary plat approval. The applicant must submit a sketch plat as in the first instance if three years have elapsed since the date of preliminary plat approval. Final approval shall confer upon the applicant the following rights for a two year period from the date of final approval:
1. 
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer, whether conditionally or otherwise, shall not be changed.
2. 
If the developer has followed the standards prescribed for final approval, the Board may extend the period of protection for extensions of one year each, not exceeding three such extensions.