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A. City Review and Approval. Initial review of a proposed short plat application by the city shall be completed and either approved, approved with conditions, or disapproved within the timelines set forth in Chapter 14.04 AMC. Initial approval of a short plat by city officials shall be valid for one year from the date that formal notification is mailed to the applicant. Within said one-year timeframe, the applicant shall refile a final short plat with the city. The public officials approving the final short plat must sign the final short plat, and only after the recording of the final short plat with the county auditor shall the short plat be deemed approved.

B. Final approval of a short plat shall require the signature of the city engineer stating that all improvements specified as part of the preliminary approval have been satisfactorily completed.

C. In the alternative, final approval may be granted subject to applicant’s filing of a performance bond or other suitable surety in an amount equal to one hundred fifty percent of the estimated cost of the improvements as determined by the city engineer. The city attorney shall approve the form, sufficiency, and manner of execution of the bond. The surety shall provide that the specified improvements must be completed within one year from the date of approval or that the city may, after ten days’ written notice to the applicant, execute on the bond or surety. The city may also, but shall not be obligated to, complete all or any part of the specified improvements which are not completed within one year and may execute upon the bond or other surety in order to pay the cost of such completion. The applicant shall be liable for any cost of completion in excess of the bond or surety amount. The performance bond shall not be released until the city engineer is satisfied that all improvements have been satisfactorily completed and until the applicant files a maintenance bond or other suitable surety as provided herein.

D. A maintenance bond, or other acceptable surety, is required from the applicant warranting against defects in labor and materials and guaranteeing the repair or replacement of any improvements which prove defective or fail to survive within two years after final acceptance of the improvements. The surety/bond shall be submitted as a condition of acceptance, and shall be twenty percent of the actual construction cost of the improvements, as determined by the city engineer. The maintenance bond or surety is in addition to any warranty or surety provided to guarantee the installation of required improvements. The city attorney shall approve the form, sufficiency, and manner of execution of the maintenance bond, or other surety, prior to the approval of the final plat. Upon the termination of any warranty period, the city engineer shall authorize the release of the maintenance bond by written notice to the city council, applicant, and the surety.

E. The applicant shall be liable for the costs of installation and construction of the improvements or the repair costs in excess of the performance or maintenance bond or other surety provided.

F. Notice of Return to Applicant for Cause. If a short plat or short plat application is not complete or cannot be approved in its then-present form, a letter shall be sent to the applicant within the timelines and meeting the requirements set forth in Chapter 14.04 AMC to notify the applicant why approval cannot be given in its present form.

G. Effect of Approval. The approval of a short plat shall not be a guarantee that future permits will be granted for any structures or development within said area, and a notation to this effect shall be stated on the face of the short plat.

H. Certificates. The following declarations and certificates must be obtained prior to final approval of a short plat:

1. A declaration of short plat;

2. A certificate giving a full and correct description of the lands divided as they appear on the plat, including a statement that the short plat has been made with the free consent and in accordance with the desires of the owner or owners;

3. Certification of approval by the city planner and city engineer when they find, within their municipal function, that the short plat serves the intent of this title and complies with all adopted recommendations for approval;

4. County and city clerk/treasurer’s certificates indicating all taxes and assessments due and owing have been paid; and

5. The city planner shall require any other certificates that may be deemed appropriate.

The certificates shall be signed and acknowledged before a notary public by all parties having any interest in the lands subdivided.

I. Appeal, if Aggrieved. Any person aggrieved by the decision (i.e., denial, approval, or any conditions of said approval) of the city planner or the city engineer may file an appeal of that decision pursuant to the provisions of Chapter 14.04 AMC. (Ord. 1190-21 § 2 (Exh. A), 2021; Ord. 1016-08 § 2).