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The planning director shall approve or deny the subdivision final plat. 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) Streets, roads, and alleys for public use are dedicated without any reservation or restriction other than reversionary rights upon vacation.

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

(a) A performance bond or suitable substitute as agreed upon by the city 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 subdivision, and the petition has been accepted by the city engineer.

(3) Conservation areas, including natural resource buffers and tree preservation areas, have been designated as required by this land use code or as a condition of tentative approval; and a performance bond, or suitable substitute as agreed upon by the city has been filed with the city finance officer in an amount sufficient to assure the implementation of any natural resource protection or restoration requirements of the tentative subdivision approval.

(4) Public assessments, liens, and fees with respect to the subdivision have been paid, or a guarantee acceptable to the city manager has been provided assuring the liens, assessments, and fees will be paid prior to recordation.

(5) All conditions of tentative approval have been met and the final plat substantially conforms with the provisions of the approved tentative plan.

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

(Section 9.8565, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02; amended by Ordinance No. 20513, enacted July 8, 2013, effective August 9, 2013.)