§ 50-286. Official submission of final plat (mandatory).

(a)

Two-lot subdivisions. A person subdividing land into two lots may make the final plat his first submission to the town, subject to the limitations as defined in this article (see section 50-284(a)(2) and the definition of subdivision). All others must file both a preliminary plat and final plat. For such two-lot subdivisions, as permitted, three copies of the final plat, drawn in accordance with sections 50-317 and 50-318, and accompanying data shall be submitted to the administrator. Within 30 days of such submission, the administrator shall review the plat for compliance with this article. At his discretion, the administrator may seek the review of the planning commission in accordance with section 50-287(a), in which case, all regulations contained in this section and section 50-287 shall be complied with. If the administrator deems that planning commission review is not necessary for such plat, he may review and forward such plat and written recommendation to the town council within 30 days after his receipt of the final plat. The town council shall review such plat in accordance with section 50-287(b), and the subdivider shall comply with section 50-288.

(b)

Effect of preliminary plat review. For all plats which were submitted for preliminary plat review, subsections (c) through (f) of this section shall apply along with other requirements of this article.

(c)

Time limits for submission. Within six months of planning commission approval of the preliminary plat, a final plat shall be officially submitted to the administrator. However, an extension of time may be granted by the planning commission upon written request. A final plat submitted after this expiration of time for which no time extension has been granted shall be considered as a new preliminary plat and subject to all regulations in effect at the time of submission.

(d)

Conformance to preliminary plat. The final plat shall conform in all respects to the preliminary plat as previously reviewed by the planning commission and shall incorporate all modifications required by the town in its review of the preliminary plat.

(e)

Filing with administrator. Copies of the final plat and all required supporting data shall be officially submitted to the administrator by the applicant or his representative authorized in writing to submit the plat. Plats should fully comply with the requirements of section 50-318.

(f)

Number of copies and contents. Official submission of the final plat by the applicant to the administrator shall consist of the following:

(1)

Four completed copies of the application for review of the final subdivision plat available in the office of the administrator.

(2)

Eleven legible black-line or blue-line paper prints of the final plat which shall comply with this article.

(3)

Five copies of all other required information, including but not limited to the following, if applicable:

a.

All offers of dedication and covenants governing the reservation and maintenance of undedicated open space, which shall bear the certificate of approval of the town attorney as to their legal sufficiency.

b.

Such deed restrictions as may be imposed upon the property as a condition of sale, together with a statement of any restrictions previously imposed which may affect the title to the land being subdivided.

c.

A certificate of appropriate approval of the state health department and/or state water control board, when required for the water supply or sanitary sewage disposal system for a proposed subdivision. If individual on-site sewage disposal systems are to be used, the applicant shall submit health department tentative approval of each lot in the subdivision as having a suitable site for a septic system at the stated lot size. This shall be done on a lot-by-lot basis. This tentative approval does not guarantee the issuance of a permit for a septic system when construction occurs. The state health department reserves the right to withdraw any tentative approval at the time a permit for a septic system is applied for.

d.

State department of transportation approval of roads and drainage systems.

e.

The performance bond, if required, in a form satisfactory to the town attorney and in an amount established by the planning commission upon recommendation of a designated engineer. The bond shall include a provision that the principal of the bond shall comply with all the terms of the final subdivision plat approval as determined by the town and shall include but not be limited to the performance of all required subdivision and off-site improvements or parts thereof. All improvements and land included in the irrevocable offer of dedication shall be dedicated to the town free and clear of all liens and encumbrances on the premises (see section 50-346(d)).

(Ord. of 6-29-1977, § 206)

(Ord. of 6-29-1977, § 206)