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The planning director shall approve or deny the final plat for the middle housing land division. Approval shall be based on compliance with the following criteria, unless specifically exempt from compliance through a code provision applicable to a special area zone or overlay zone:

(1) The city surveyor has approved the final plat for compliance with applicable platting requirements in accordance with state law.

(2) Streets, bicycle paths, accessways, and alleys for public use have been dedicated without any reservation or restriction other than reversionary rights upon vacation.

(3) Public improvements as required by this land use code or as a condition of tentative plan approval are completed, or:

(a) A performance bond or suitable substitute as agreed upon by the city and applicant has been filed with the city finance officer in an amount sufficient to assure the completion of all required public improvements; or

(b) A petition for public improvements and for the assessment of the real property for the improvements has been signed by the property owner seeking the partition and the petition has been accepted by the city engineer.

(4) Public assessments, liens, and fees with respect to the middle housing land division have been paid, or:

(a) A segregation of assessments and liens has been applied for and granted by the city, or

(b) An adequate guarantee in a form acceptable to the city manager has been provided assuring the liens, assessments and fees will be paid prior to recording the final plat.

(5) All conditions of tentative middle housing land division approval have been met and the final plat substantially conforms to the provisions of the approved tentative middle housing land division.

(Section 9.8198 added by Ordinance No. 20667, enacted May 24, 2022.)