(A) Major subdivision defined. For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
MAJOR SUBDIVISION. Pursuant to R.C. Chapter 711, the creation of more than five parcels, inclusive, after the tract of record has been completely subdivided or which involve the opening, widening or extension of a street or road or easement of access.
(B) Pre-application conference. Applicants interested in securing a major subdivision approval are strongly encouraged to establish a conference with the Subdivision Administrator prior to submitting an overall development plan to the Planning Commission. The purpose of this meeting is to discuss, early and informally, the purpose and the effect of the subdivision regulations, as well as the procedures and requirements for subdivision approval. The Subdivision Administrator may provide the applicant or their respective agent(s) with information relative to existing comprehensive land use plans, major thoroughfare or transportation plans, zoning ordinances and floodplain management regulations, or other pending issues currently of concern. The pre-application conference should be considered a conceptual review and a courtesy provided by the Planning Commission, and not part of any formal approval process.
(C) Overall development plan. The developer shall submit to the Planning Commission an overall development plan showing all contiguous land owned by the developer and how all of the land is proposed to be used for development. The purpose of the overall development plan is to provide the Planning Commission with sufficient information to evaluate the concept of a proposed major subdivision at an early stage in the process so as to allow such alterations in plans as may be necessary prior to the applicant incurring the costs required in the preparation of formal plats.
(1) Applications. Applications for overall development plan review and/or approval shall be available at the office of the Planning Commission. All submittals shall comply with this section.
(2) Overall development plan contents. The applicant shall submit to the Planning Commission an overall development plan legibly drawn at a suitable scale (no smaller than one inch equals 100 feet) on 24 inches by 36 inches paper and containing the following information:
(a) Name for file identification. The proposed development shall be given a name for identification purposes, such name being unique to the incorporated areas of the village in order to avoid duplication and confusion with previously recorded plats. Also included shall be the names, addresses and telephone numbers of the applicant, developer, professional surveyor and professional engineer that surveyed the land and prepared the plan;
(b) Location and description of property. The plan should document the location of property by quarter-section number, total acreage, township and range, and the boundary lines of the tract to be subdivided, as well as the scale, a north arrow and the date of preparation. The subdivision name, quarter-section number, township and range numbers and township name shall be in bold one-inch letters at top of plan;
(c) Preliminary inventory and analysis. The proposed subdivision should be presented in relation to existing community facilities, street transportation modes, shopping centers, manufacturing establishments, residential developments, educational/recreational facilities and other existing human-made features, as well as location of wooded areas and other significant topographic and naturally occurring features within and adjacent to the plan for a minimum distance of 400 feet. Also included shall be the names of adjacent subdivisions and the names of owners of adjacent parcels of unplatted land;
(d) Existing/proposed rights-of-way. The layout of existing and proposed road and railroad rights-of-way, easements, corporation, section lines and township lines, as well as building setback lines with dimensions to street right-of-way lines. Label names (or designation) and widths of all rights-of-way or easements;
(e) Existing utilities. The location of utilities adjacent to the proposed subdivision or the location of the nearest sources of water and outlets for public facilities for the disposal of sanitary and storm water from within the proposed subdivision showing their connections with the existing system(s) shall be documented in the plan;
(f) Topography. The overall development plan submittal shall include copies of the 400 scale Village Engineer’s aerial photography with topography annotated to reflect the boundaries of the proposed subdivision and the watershed to be affected;
(g) Flood hazard areas and environmental constraints. If any part of the proposed subdivision is subject to flooding, a line indicating the special flood hazard, or wetland shall be shown on the plan. Other natural features of significant public interest sensitive to improvements shall also be indicated (archeological, cultural, historical, HAZMAT);
(h) Zoning. The current zoning classification of the tract as well as those adjacent parcels within 400 feet shall be indicated on the plan;
(i) Building site access. The plan shall reveal the proposed means of vehicular access from the existing public right-of-way to the tract to be subdivided without trespass upon adjoining properties. The plan shall indicate any bridges culverts or cross-over pipe installations required to provide access to a building site;
(j) Proposed development. The plan shall document the proposed development with respect to and in consideration of division (C)(2)(c) through this division (C)(2)(j) inclusive. The plan should address the layout, proposed names or designations and widths of proposed streets, alleys and easements. Included shall be the layout, numbers and the approximate dimensions and square footage of proposed lots and typical section of proposed street. Development designed to be completed in phases shall identify the geographic area by placing a bold line around area designated as “Phase I”; and
(k) Location map. A location map at a scale of not less than 2,000 feet to the inch shall be shown on the plan. This map shall show the location of all adjacent streets, tract lines and the nearest existing thoroughfares. It shall also show the most advantageous connections between the streets in the proposed subdivision and those of neighboring areas. The subdivision shall be to scale on this map;
(3) Submission to the Ohio Department of Transportation. Before any plan is approved affecting any land within 300 feet of the center line of a proposed new street or a street for which changes are proposed as described in the certification to local officials by the Ohio Department of Transportation of any land within a radius of 500 feet from the point of intersection of said center line with any public road or highway, the developer shall give notice, by registered or certified mail to the Ohio Department of Transportation. The Planning Commission shall not approve the plan for 120 days from the date the notice is received by the Ohio Department of Transportation. If acquisition at this time is not in the public interest, or upon the expiration of the 120-day period, or any extension thereof agreed upon by the Ohio Department of Transportation and the property owner, the Planning Commission shall, if the plan is in conformance with all provisions of these regulations, approve the plan.
(4) Overall development plan filing.
(a) The developer shall forward five copies of the overall development plan to the Planning Commission for purposes of study and recommendation. Said plans, correspondence and supplementary data shall be presented to the Planning Commission.
(b) The developer shall submit the overall development plan three weeks prior to a scheduled Planning Commission meeting in order to allow for enough time for the required review process.
(5) Subdivision Administrator review and report. Upon receipt of a filed overall development plan, and upon determining that the application is complete, the Subdivision Administrator shall forward the application with the Subdivision Administrator’s report to the Planning Commission for its review and action. The Subdivision Administrator’s report shall reference all concept approval recommendations, the conclusions of reviewing offices and agencies and shall set forth his or her recommendations to the Planning Commission in a regulatory compliance report.
(6) Planning Commission consideration and action.
(a) Following receipt by the Subdivision Administrator of a complete application for overall development plan approval, the application, accompanied by the Subdivision Administrator’s regulatory compliance report, shall be placed on the Planning Commission agenda for consideration at the next regularly scheduled meeting. The Subdivision Administrator shall send written notice of the date, time and location of the meeting to all affected public agencies.
(b) Within 30 days of the submission to the Planning Commission of the complete application for overall development plan approval, the Planning Commission shall approve or disapprove the overall development plan or approve it with modifications, unless such time is extended by written agreement of the applicant.
(c) The decision of the Planning Commission shall be in writing and as the basis for its action the Planning Commission shall take into consideration:
1. The conformity of the overall development plan with the purposes, objectives, standards and criteria of these regulations; and
2. The conformity of the overall development plan with all other applicable laws and rules as determined by concept review and reports requested from other offices and agencies having jurisdiction.
(d) If the decision of the Planning Commission on the overall development plan is for disapproval, the Planning Commission shall in its motion, as part of the record, state the reason or reasons for such disapproval, including the rules or provisions with which the overall development plan does not comply. The refusal to approve shall be endorsed on the application and a copy of the plan shall be made a part of the record of the Planning Commission.
(e) When the overall development plan is approved by the Planning Commission, five prints or copies of the plan shall be provided to and endorsed by the Planning Commission with one forwarded to the Village Engineer, one held by the Planning Commission, and one returned to the developer.
(7) Time limit to approved development plan. The approval of the overall development plan shall be effective for the maximum period of 36 months and shall guarantee that the terms under which the approval was granted will not be affected by changes to these regulations.
(8) Filing. The overall development plan shall be considered officially filed on the day the application packet is received by the Planning Commission and shall be so dated. A filing fee shall be charged as indicated in § 152.163 to cover the cost of the review process.
(9) Final approval of overall development plans by Village Council. Upon approval of the overall development plan by the Planning Commission, the same shall be submitted to the Village Council no later than the next regular meeting after the approval of the overall development plan by the Planning Commission. Once submitted, it shall be placed upon the regular agenda of the Council. A vote shall be called upon the following question: “Shall the action of the Planning Commission in approving the overall development plan be affirmed?” A negative vote of two-thirds of the members elected to the Council would reverse the action of the Planning Commission and remand the matter back to the Planning Commission for further consideration. An affirmative vote or a negative vote of less than two- thirds of the members elected to the Council will affirm the overall development plan with no further action required.
(D) Construction drawings. The purpose of the construction drawings is to provide the Planning Commission with sufficient detailed construction information to evaluate a major subdivision. The plan should show all of the information needed to enable the Planning Commission to determine whether the proposed construction meets the standards and requirements of these regulations.
(1) Construction drawings contents. The developer shall submit construction drawings to the Planning Commission legibly drawn at a scale as designated in the following sections. The drawings shall be submitted on sheets 24 inches by 34 inches in size. Match lines shall be drawn when more than one sheet of each type is presented. All labeling and dimensioning shall be no smaller than eight-point type. The construction drawings shall contain the following information.
(a) Title sheet. The title sheet shall include the name of the subdivision, quarter-section number, township and range numbers, township name, the addresses and telephone numbers of the owner(s) of record, the developer, the professional engineer and the date of the boundary survey. Also included shall be a location map of the property showing the boundary lines, accurate to scale, of the tract to be subdivided. The title sheet must designate the scale of the location map as well as all other scaled sheets and have a north directional arrow as well as a signature block. The title sheet shall have on it the following note:
“Note: The minimum requirements for construction shall be in accordance with the current volume of Construction and Materials Specifications of the State Department of Transportation and the Allen County Standard Construction Drawings.”
(b) Site plan.
1. The site plan shall document the location, width and names of all existing or platted streets or other public ways within or adjacent to the tract and other important features such as road and railroad rights-of-way, existing/proposed easements, section lines, corporation and township lines, pipe lines, pole lines, high tension lines, bridges, waterways, buildings, cemeteries, as well as noting building setback lines with dimensions to street right-of-way lines. The site plan also shall document existing topography with contours at two-foot intervals if the slope of the ground is 15% or less; and not greater than five feet where the slope is more than 15%; for a distance of 100 feet into the adjacent properties; existing and proposed sewers (sanitary and storm), water lines and fire hydrants, open ditches, natural drainage courses, culverts and other underground structures and utility poles and lines within and adjacent to the tract; streams, buildings, wooded areas or other features likely to affect the plan. All contours shall be on U.S.G.S. datum. Scale of site plan shall be no smaller than one inch equals 100 feet.
2. The site plan shall delineate the layout, identification numbers, dimensions and square footage of proposed lots. Also required for compliance purposes is the calculated square footage of irregular or panhandle lots without their narrow appendages.
(c) Drainage plan. The drainage plan shall reveal the proposed lot drainage, grading and watershed in order to eliminate the possibility of exceeding existing sewer capacity and potential flooding. The drainage plan shall comply with the data requirements and drainage calculations pursuant to the Appendix C as well as stormwater design specifications.
(d) Plan and profile sheets. The plan and profile sheets shall be prepared in accordance with applicable design standards of §§ 152.050 through 152.066 showing all pertinent elevations, grades and locations of proposed roadways, sewers, waterlines and their appurtenances. Documented shall be the scale and directional arrow. Also to be documented shall be the radii, internal angles, points of curvature, tangent bearings, lengths of arcs and lengths and bearings of chords of all applicable streets within the proposed development. Plan scale shall be no smaller than one inch equals 20 feet.
(e) Cross-section sheets. Cross-sections of all roadways will be required at intervals of every 100 feet. Cross-sections will also be required at all existing and proposed manholes, cross-over pipes under roadways and at catch basins.
1. The cross-sections shall be taken during an actual field survey of the existing land surface extending from the centerline of the proposed roadway to ten feet beyond the proposed right-of-way lines.
2. Cross-sections shall show existing and proposed land surfaces, roadside ditches and all above-ground and below-ground improvements including waterlines, sewers, manholes, catch basins, culverts with their necessary elevations, grades and designations.
3. Cross-sections shall be drawn to horizontal and vertical scales of one inch equals five feet.
(f) Typical section sheet. The typical section of the proposed roadway shall show proposed construction items and all pertinent dimensions and shall be drawn to horizontal and vertical scales of one inch equals five feet.
(g) Construction details sheet. All standard construction drawings, (roadways, storm sewers, waterlines and sanitary detail drawings) that apply to the proposed subdivision shall appear on this sheet.
(2) Submission of construction drawings.
(a) The developer shall forward five copies of the overall development plan to the Planning Commission for purposes of study and recommendation.
(b) The developer shall submit the construction drawings three weeks prior to a regularly scheduled Planning Commission meeting in order to allow time for the required review process.
(3) Subdivision Administrator review and report. Upon receipt of the filed construction drawings, and upon determining that the application is complete, the Subdivision Administrator shall forward the application with the Subdivision Administrator’s report to the Planning Commission for its review and action. The Subdivision Administrator’s report shall reference all concept approval recommendations, the conclusions of reviewing offices and agencies and shall set forth their recommendations to the Planning Commission in a regulatory compliance report.
(4) Planning Commission consideration and action.
(a) Following receipt by the Subdivision Administrator of a complete set of construction drawings, the plans shall be placed on the agenda for consideration at the next regularly scheduled meeting. The Subdivision Administrator shall send written notice of the date, time and location of the meeting to all affected public agencies and the political subdivision in which the proposed subdivision is located.
(b) Within 30 days of the submission to the Planning Commission of the complete set of construction drawings, the Planning Commission shall approve or disapprove the construction drawings or approve with modifications, unless such time is extended by written agreement of the applicant.
(c) The decision of the Planning Commission shall be in writing and as the basis for its action the Planning Commission shall take into consideration:
1. The conformity of the construction drawings with the purposes, objectives, standards and criteria of these regulations; and
2. The conformity of the construction drawings with the overall development plan and with all other applicable laws and rules as determined by concept review and reports requested from other offices and agencies having jurisdiction.
(d) If the decision of the Planning Commission on the construction drawings is for disapproval, the Planning Commission shall in its motion, as part of the record, state the reason or reasons for such disapproval, including the rules or provisions with which the construction drawings do not comply. The refusal to approve shall be endorsed on the application and a copy of the plan shall be made a part of the record of the Planning Commission.
(e) When the construction drawings are approved by the Planning Commission, five prints or copies of the plan shall be provided to and endorsed by the Planning Commission with one forwarded to the Village Engineer, one held by the Planning Commission, and one returned to the developer.
(5) Approval period. The approval of the construction drawings shall be effective for a period of 12 months and shall guarantee that the terms under which the approval was granted will not be affected by changes to these regulations. The Planning Commission may extend the approval period upon receiving a letter from the developer, subject to re-submittal for review and payment of the fees for another 12-month period.
(6) Preconstruction meeting. A meeting shall be held, before construction begins, with all governing agencies and utility companies. The consultant is to make notification to agencies and bring copies of the approved construction drawings.
(7) Regulations governing improvements. The drawings and specifications of improvements in the proposed subdivision shall be a set of construction and utility plans prepared by a professional engineer, registered in the state. The plans shall include typical sections, plans and profile views, construction details, design calculations and estimates of quantities. All typical sections and major engineering details to be used on any particular street shall be approved in advance by the appropriate government agencies before the Planning Commission approves the plans. Construction drawings with all approved revisions shall be received by the appropriate government agencies before construction may begin. Prior to granting of approval of the final plat, the developer shall have installed the minimum required improvements for the subdivision or if the required improvements have not been installed, the developer shall file a performance bond in the amount of 100% of the estimated construction cost of the installation of the improvements. The bond shall be in the form as established by the Planning Commission, and shall be subject to the approval of the Planning Commission, or shall have furnished a performance bond of the amount of the estimated construction cost of the ultimate installation and the initial maintenance of the improvements. Before the performance bond is accepted, it shall be approved by the Council of the village.
(8) Completion of construction.
(a) Upon completion of the construction as shown on the drawings, the Planning Commission may conditionally accept the improvements made by the owner or developer.
(b) This acceptance is conditioned upon:
1. The posting of a maintenance bond; and
2. Submission of a set of as-built drawings.
(9) Maintenance bond.
(a) The developer shall guarantee all of the required subdivision improvements for a period of two years from the date such improvements are given conditional approval. This guarantee shall include any and all defects and deficiencies in workmanship and materials. The developer shall be responsible for the cost of all labor, materials, equipment and other incidentals required to maintain, repair and replace any or all of such improvements and to maintain them in good and proper condition, excluding ordinary wear and tear and damage by utility companies, but including filling trenches and restoring lawns, yards, streets, sewers, waterlines, pipelines, and other original installations during the two-year guarantee period. In the event the developer fails to make such maintenance, repairs or replacements within 30 days after notice in writing by the Planning Commission, or in the event of an emergency which may endanger life or property, the Planning Commission may authorize maintenance, repairs or replacements to make, or cause to be made, such maintenance, repairs or replacements at the expense of such developer.
(b) In order to indemnify the village for the expense of any such repairs or replacements made by or at the direction of a government agency, a guarantee shall be made by filing with the village satisfactory evidence of one of the following as a bond in an amount equal to 10% of the construction cost of all installations of improvements, or a minimum of $10,000, whichever is larger:
1. A maintenance bond;
2. A certified check; or
3. A certificate of deposit or an irrevocable letter of credit made out to the Planning Commission.
(10) Removal of maintenance bond. The village will release the maintenance bond at the end of the two-year maintenance period provided there are no outstanding problems that need to be corrected.
(11) Final approval of construction drawings by Village Council. Upon approval of the construction drawings by the Planning Commission, the same shall be submitted to the Village Council no later than the next regular meeting after the approval of the construction drawings by the Planning Commission. Once submitted, it shall be placed upon the regular agenda of the Council. A vote shall be called upon the following question: “Shall the action of the Planning Commission in approving the construction drawings be affirmed?” A negative vote of two-thirds of the members elected to the Council would reverse the action of the Planning Commission and remand the matter back to the Planning Commission for further consideration. An affirmative vote or a negative vote of less than two-thirds of the members elected to the Council will affirm the construction drawings with no further action required.
(E) Final plat.
(1) The subdivider shall submit a final plat of the subdivision. If the construction drawings have been previously approved, or conditionally approved, the final plat shall conform to the construction drawings or incorporate required changes as the case may be. The final plat shall be prepared by a professional surveyor, registered in the state.
(2) The purpose of a final plat is to ensure that all conditions, engineering plans and other requirements have been completed or fulfilled and that required improvements have been installed, or guarantees properly posted for their completion, prior to recording the final plat of the subdivision.
(a) Final plat application. The developer having received approval or conditional approval of the construction drawings of the proposed subdivision may submit an application for approval of a final plat to the Planning Commission prior to the next meeting date of the Planning Commission. An application shall be considered officially submitted and filed when the Subdivision Administrator finds that the application is complete.
(b) Final plat contents.
1. The final plat shall conform to the overall development plan and construction drawings. The final plat and the supplementary information shall be prepared by a professional surveyor. The final plat shall be submitted on Mylar. It shall be drawn at a scale of not less than 100 feet to the inch, and shall be 18 inches by 23 inches in size with a two-inch margin on the left side (18-inch side) for binding. All labeling and dimensioning shall be no smaller than eight-point type. Each sheet shall be numbered and the relation of one sheet to another clearly shown.
2. The final plat submission shall consist of:
a. The final plat;
b. The dedicator’s plat; and
c. The covenants, restrictions and statements.
a. Name and description of property. The name of the subdivision, location by quarter-section, range and township, or by other survey number, date, north arrow, scale and acreage. If the development lies in more than one section, acreage is to be broken down by section. The name, address and telephone number of the developer and the professional surveyor who prepared the plat, and appropriate state registration number and seal shall also be provided. In addition, a signature block shall be provided as required in §§ 152.140 through 152.147;
b. Boundaries. Plat boundaries based on accurate traverse, with angular and linear dimensions related to original section stones or established section corners shall be provided. All dimensions, linear and angular, shall be determined by an accurate control survey. The minimum boundary survey requirements on the final plat and dedicator’s plat shall be as required by the Standards Governing Conveyances of Real Property in Allen or Hancock County, Ohio and The Minimum Standards for Boundary Surveys in the State of Ohio (effective May 1, 1980) as issued by the State Board of Registration for professional engineers and surveyors, as provided for in R.C. § 4733.07. The plat shall document bearings and distances to the nearest established street lines or other recognized permanent monuments;
c. Streets and lot lines. Exact locations, rights-of-way, and names of all streets within and adjoining the plat, and building setback lines. The radius, internal angles, points of curvature, tangent bearings, lengths of arcs, and lengths and bearings of chords of all applicable streets within the plats. In addition, all lot lines with bearings shown in degrees, minutes, seconds and lengths shown in feet and hundredths of feet;
d. Definition of easement lines. The final plat shall document all easements and rights-of-way provided for public services or utilities, and shall be properly identified as to use and geometrically shown on the final plat. Non-parallel easement lines shall be delineated where they intersect all lot lines, street lines or section lines;
e. Monuments. All monuments should be in place at the time of final inspection approval of the subdivision, but no later than six months from recording of the final plat. Certification by a professional surveyor to the effect that the plat represents a survey made by the surveyor, that the monuments shown thereon exist as located and that all dimensional details are correct. The location and description of all monuments, markers and pins shall be as specified in § 152.082;
f. Public areas. Accurate outlines of areas to be dedicated or reserved for public use, or any area to be reserved for the common use of all property owners. The use and accurate boundary locations shall be shown for each parcel of land to be dedicated;
g. Restrictions and covenants. Restrictions and covenants that the developer intends to include with the deeds to the lots in the subdivision;
h. Dedicator’s plat. A dedicator’s plat shall be included showing the boundary of all land owned by the developer including land adjacent to the proposed subdivision, but excluding the proposed subdivision itself;
i. Notarized certification. Notarized certification by the owner or owners of the adoption of the plat and the dedication of streets and other public areas; and
(F) Filing of the final plat. The final plat shall be filed with the Planning Commission and Village Engineer not later than 12 months after the date of approval of the construction drawings. The Planning Commission may extend the approval period for the final plat for an additional 12 months upon receiving a letter from the developer.
(G) Approval of the final plat.
(1) The Planning Commission shall approve or disapprove the final plat within 30 days after it has been filed, or within such further time as a developer may agree to. If the plat is disapproved, the grounds for disapproval shall be stated in the records of the Planning Commission and a copy of said record shall be forwarded to the developer. The Planning Commission shall not disapprove the final plat if the developer has done everything that he or she was required to do and has proceeded in accordance with the conditions and standards specified in the approved preliminary plan and construction drawings. If disapproved, the developer shall make the necessary corrections and resubmit the final plat within 30 days to the Planning Commission for its final approval.
(2) Upon approval of the final plat by the Planning Commission, the same shall be submitted to the Village Council no later than the next regular meeting after the approval of the final plat by the Planning Commission. Once submitted, it shall be placed upon the regular agenda of the Council. A vote shall be called upon the following question: “Shall the action of the Planning Commission in approving the final plat be affirmed?” A negative vote of two-thirds of the members elected to the Council would reverse the action of the Planning Commission and remand the matter back to the Planning Commission for further consideration. An affirmative vote or a negative vote of less than two-thirds of the members elected to the Council will affirm the final plat with no further action required.
(3) If a plat is refused by the Planning Commission and or the Village Council, the developer submitting the plat which the Planning Commission or Village Council refused to approve may file a petition within 60 days after such refusal in the Court of Common Pleas in the county in which the land described in said plat is situated to reconsider the action of the Planning Commission and Village Council.
(H) Recording of approved final plat. Upon approval of the final plat submission by the Planning Commission, inked Mylar tracings with original signatures shall be presented by the developer to the County Engineer’s tax map office for approval of transfer after which the plat may be transferred to the County Auditor then presented to the County Recorder for record. Recordings shall take place within six months of final plat approval by the Planning Commission and Village Council. If construction on the subdivision has not been completed, a bond or letter of credit shall be approved by the Planning Commission before the final plat may be recorded, in accordance with division (D)(7) above.
(I) Replats. A replat is an alteration of existing lot lines or other conditions established as of January 1, 1990, to all or part of an existing platted subdivision.
(1) Application and contents. If a developer and/or owner(s) wish to replat, the following procedure shall be followed:
(a) The applicant shall submit to the Subdivision Administrator a final plat complete with all the information required in § 152.038 of this subchapter; and
(b) Where lots being replatted have existing structures located on the parcel, then a separate dimensionally accurate sketch prepared by a professional surveyor documenting the revised lot lines, together with the outlines of such structures, shall be submitted.
(2) Submittal and review process. A replat petition is considered officially submitted and filed once all required information is submitted to the Subdivision Administrator. All required information for a proposed replat must be submitted 30 days prior to the next regularly scheduled meeting of the Planning Commission.
(3) Approval of the replat. The Planning Commission shall approve or disapprove the replat within 30 days after it has been filed, or within such further time as a developer may agree to. If the replat is disapproved, the grounds for disapproval shall be stated in the records of the Planning Commission and a copy of said record shall be forwarded to the developer. If disapproved, the developer shall make the necessary corrections and resubmit the replat within 30 days to the Planning Commission for its final approval. If a replat is refused by the Planning Commission, the developer submitting the replat which the Planning Commission refused to approve may file a petition within 60 days after such refusal in the Court of Common Pleas to consider the action of the Planning Commission.
(4) Recording of approved replat. Upon approval of the final replat submission by the Planning Commission, the inked Mylar tracings with original signatures shall be presented by the developer to the County Engineer’s tax map office for approval of transfer after which the replat may be transferred to the County Auditor then presented to the County Recorder for record. Replats involving absorption of dedicated street rights-of-way requires a vacation of street right-of-way.
(Ord. 20-04, passed 12-27-2004)