§ 213.50 PROCEDURE.

Following the granting by the Commission of primary approval of a plat, the applicant shall notify the Zoning Administrator for the Commission of his intent to seek secondary approval of either all or a portion of the plat. In the event the applicant intends to seek secondary approval of only a portion of the plat, the applicant shall specifically describe and designate such area so as to reasonably identify the same. The applicant shall also at that time file with the Commission staff the plat in the form and with the contents prescribed by this chapter. The Zoning Administrator shall then cause to be scheduled a meeting of the Commission for the purpose of reviewing the plat and determining whether secondary approval shall be granted, and provide notice to the applicant of the date and time of such meeting. No other notice of such meeting need be given, except as required by law. The Zoning Administrator shall then review all submissions made by the applicant to ensure the requirements for secondary approval stated in this chapter have been satisfied and make a recommendation to the Commission for the granting or denial of secondary approval of the plat.
('83 Code, § 1924)



§ 213.51 CONDITIONS.

The Commission will consider secondary approval of a plat only after the applicant has accomplished the following:

(A) Filed with the Commission a complete set of plans and specifications for the development of all street, sewers, water supply and other utilities and facilities in the subdivision in accordance with the requirements of this chapter; and

(B) Installed all the improvements required by this chapter, in accordance therewith and in accordance with the said plans and specifications on file, and delivered to or filed with the Commission all necessary approvals and acceptances from all applicable agencies and authorities; or

(C) In the event all of such improvements have not been so installed, accomplish one of the following:

(1) File with the Commission, for those improvements already installed, if any, all necessary approvals and acceptance from all applicable agencies and authorities.

(2) Execute and post with the Commission and Council a performance or surety bond or irrevocable letter of credit, in accordance with the regulations adopted by the Commission, to insure installation, acceptance and approval of the improvements as shown by said plans and specifications for the subdivision filed with the Commission which bond shall:

(a) Be in an amount determined by the Zoning Administrator and approved by the Commission to be sufficient to complete the improvements and installation in accordance with this chapter.

(b) Provide surety in a form satisfactory to the Commission and Council.

(c) Specify the time for completion of the improvements and installation.

(3) If a performance bond required under this chapter is posted with the Commission by an applicant, any funds received from such performance bond shall be used by the Council only for completion of the improvements for which the bond was provided and for which there was no prior appropriation. The Commission may make, or cause to be made, such improvement and installations. Upon submission by the developer of the document required under the regulations adopted by the Commission, demonstrating that all improvements have been installed in accordance with this chapter, the Commission, or its duly authorized representative, shall release said performance bond and discharge the developer and surety, if any, from further liability or responsibility thereunder.

(D) Paid in full to the Commission all costs incurred for the furnishing of notice required under this chapter and/or by rule of the Commission granting primary approval of the plat by the Commission.

(E) Filed with the Commission the plat in the form and with the contents prescribed hereinafter.
('83 Code, § 1925)