§ 25-4-37. INFRASTRUCTURE CONSTRUCTION OR FISCAL SECURITY FOR PLAT APPROVAL.

(A)

Before the Land Use Commission or council may approve a plat, the subdivider shall:

(1)

construct the streets, utilities, and drainage facilities in compliance with the requirements of this title; or

(2)

provide fiscal security under Section 25-1-112 (Fiscal Security) for subdivision improvements that serve the public interest as determined under Subsection (B) or (C).

(B)

After receiving the recommendation of the director, the Land Use Commission shall determine the subdivision improvements that serve the public interest, except as provided in Subsection (C).

(C)

If the council may approve a plat, after receiving the recommendation of the director, the council shall determine the subdivision improvements that serve the public interest.

(D)

Fiscal security provided under this section may be used by the City to construct the subdivision improvements that serve the public interest.

Source: Section 13-2-406; Ord. 990225-70; Ord. 010607-8; Ord. 031211-11.