§ 16.12.040. Approval of final plat.

A.

The final plat shall conform substantially to the preliminary plat as approved, and, if desired by the subdivider, it may constitute only that portion of the approved preliminary plat which he or she proposes to record and develop at the time, provided however, that such portion conforms to all requirements of these regulations.

B.

Any large deviations from the preliminary plat that were not recommended or approved previously by the planning commission must be resubmitted for their approval.

C.

1.

The subdivider shall file with the planning commission at least four weeks prior to its regular meeting, a final plat drawn with ink on transparent linen or mylar for signature and ultimately four black linen or paper prints of the final plat, and fifteen (15) paper prints of the final plat to be distributed as follows:

Four linen:

three county clerk

one town zoning administrator

Fifteen (15) paper prints:

Four town planning commission

Five mayor and commission

One state highway administration

One county health department

One county planning department

One county division of public works

One town manager

One town inspector

2.

Agency comments from the county planning department, state highway administration, county health department, county division of public works, the town manager and town inspector must be obtained prior to submittal of the final plat to the planning commission. All agency comments will be circulated with the final plat to the planning commission two weeks prior to the meeting at which final plat approval will be considered.

D.

1.

If it is found by the planning commission that the final plat is in conformance with all applicable regulations, it shall approve the plat.

2.

Upon approval of the final plat the town zoning administrator will obtain the signature of the mayor on the mylar. The signature of the mayor shall mean that the town is satisfied that the requirements of these regulations have been complied with. Reasons for the disapproval of any plat shall be stated upon the records of the planning commission.

E.

Recording the Final Plat. If approved, the developer shall then file two black line linen prints with the clerk of the court of Frederick County and shall distribute the other prints as follows:

one state highway administration

one county health department

one county planning department

one county division of public works

one town manager

one town inspector

one town zoning administrator

The signed mylar shall be returned to the town zoning administrator to be filed. Approval of the final plat by the planning commission shall not be deemed to constitute or effect an acceptance by the public of the dedication of any street or other proposed public way or space shown on such plat.

F.

Guarantee of Improvements. In the event that public improvements are required to be installed in any subdivision, the mayor and commission, after approving and signing the recording plat, shall retain said plat. The mayor or town clerk or the mayor and commission shall write a letter to the developer stating that the plat has been approved and that it will be made available for recording simultaneously with the receipt by the mayor and commission of proof that one of the approved guarantees noted below will become effective simultaneously with the recording of the plat. The zoning certificate will not be issued on any lot until the requirements of Chapter 16.12 have been met.

1.

Completion of public improvements in the area to be developed from point of ingress into the development to and in front of the lot in question prior to the issuance of a zoning certificate;

2.

Funds placed in escrow with an escrow agent satisfactory to the mayor and commission, with an agreement between the escrow agent and the town that the funds would be released from escrow in part from time to time as requested by the developer to pay invoices for work completed in the installation of the public improvements from point of ingress into the development to and in front of the lot in question prior to the issuance of a zoning certificate;

3.

An irrevocable letter of credit or similar agreement from a lending institution or any recognized lender satisfactory to the mayor and commission, guaranteeing payment for the installation of the public improvements from point of ingress into the development to and in front of the lot in question prior to the issuance of a zoning certificate.

(Ord. 99-05 (part); Ord. 96-08: prior code Appx. B Art. VI § 6.4)