(a) General Procedure. Major subdivisions shall be approved in three stages: the preliminary discussion stage; the preliminary plan stage; and the final plat stage.
(1) The preliminary discussion stage requires the subdivider to discuss the proposed subdivision so that he can become familiar with subdivision requirements, existing conditions and future plans.
(2) The preliminary plan stage requires the subdivider to present all information needed to enable the Planning Commission to determine that the proposed layout is satisfactory and will serve the public interest. This stage also ensures that the subdivider will not have to spend an excessive amount of money without some assurance that his plat will be finally approved.
(3) The final plat stage requires the subdivider to present all data needed to enable the Commission to determine that the subdivision fully complies with these Subdivision Regulations and conforms to the approved preliminary plan. After approval of all streets or other public ways or open space has been given by the Commission, the plat is then submitted to Council for approval before recording.
(b) Preliminary Discussion. The subdivider shall consult with the office of the Planning Commission and avail himself of the advice and assistance of the Commission. He shall submit a preliminary discussion map, including thereon all items required by Section 1226.02
.
(c) Preliminary Steps Certification. Prior to preparing a preliminary plan, the sub divider shall obtain a preliminary steps certification form (see Appendix B following these Subdivision Regulations) from the Building and Zoning Inspector's office, signed by the agencies listed on such certification form.
(d) Preliminary Plan.
(1) Submission. The subdivider shall make application to the Planning Commission for approval of a preliminary plan. All information required by Section 1226.03
shall be submitted to the Secretary as follows:
A. Six copies of the application;
B. One copy of the preliminary steps certification form, for the Planning Commission file;
C. Sixteen copies of the preliminary plan, including a vicinity map;
D. Eight copies of soil interpretations for the various urban uses and eight copies of a plan to provide for control of erosion and sedimentation during and after construction;
E. Any other data that the Secretary deems necessary; and
(2) Transmission. The Secretary shall transmit a copy of the preliminary plan to the following officials and agencies for their review and recommendations, indicating also a date on which he will view the site and inviting such officials and agencies to attend this viewing:
A. The City Engineer;
B. The County Sanitary Engineer;
C. The County or Regional Planning Commission;
D. The County Board of Health and/or the Ohio Department of Health;
E. The Building and Zoning Inspector;
F. A representative of Council; and
G. The County Soil and Water Conservation District.
The Secretary shall transmit additional copies of the preliminary plan documents to such utility companies, school boards, cities, villages and others as he deems necessary. The officials and agencies shall make their review and recommendations to the Secretary within twenty days from the date of transmission. The Secretary shall present the preliminary plan documents to the Planning Commission within thirty-five days of receipt of the plans from the applicant.
(3) Official filing. Upon determination by the Planning Commission that the preliminary plan has been properly submitted, the Commission shall accept the preliminary plan as being officially filed.
(Ord. 95-71. Passed 1-24-72.)
(4) Planning Commission and Council action. The Planning Commission, within thirty-five days of the date of official filing, shall approve, approve conditionally, or disapprove the preliminary plan. The action taken shall be noted on both the preliminary plan and the preliminary plan application form and a copy of each returned to the subdivider. The action taken shall also be entered on the official records of the Planning Commission and a copy of the preliminary plan, with action noted, kept on file. The preliminary plan, upon approval of the Commission, shall be forwarded to Council for its approval.
(5) Effect of approval. Approval of a preliminary plan by the Planning Commission and Council is not an acceptance of the subdivision plat for record, but is rather an expression of approval of a general plan as a guide to preparation of a subdivision plat for final approval and recording upon fulfillment of all requirements of these Regulations. Approval shall be effective for a maximum period of twelve months unless, upon application by the developer, the Commission grants an extension. If such an extension is granted, Council shall be notified of such extension and the fee specified in Chapter 1216 shall be paid. If the final plat has not been submitted for final approval within this time limit, a preliminary plan must again be submitted to the Planning Commission for approval.
(Ord. 62-91. Passed 5-13-91.)
(e) Final Plat Procedure.
(1) Submission. After the preliminary plan has been approved by Council, the subdivider shall make application to the Planning Commission for approval of a final plat. The final plat submitted shall conform to the approved preliminary plan. For subdivisions containing twenty acres or more, final plats may be submitted for approval in sections, provided preliminary approval has been given for the entire subdivision. Such sections shall be numbered consecutively as they are submitted. All items required by Section 1226.04
shall be submitted to the Secretary as follows:
A. Two copies of the final plat application;
B. One copy of the approved preliminary plan and application;
C. One copy of a protective covenant, if proposed;
D. The original tracing, along with a duplicate linen, and two copies of the final plat and location map;
E. One copy of the financial guarantee approved by the Director of Law, in an amount stated by the City Engineer;
F. Two copies of improvement plans;
G. A certificate of zoning compliance;
H. Sewer and water certification by the City Engineer and the County Sanitary Engineer; and
The Secretary or the City Engineer may request additional copies of any of the above items and any other additional information that he deems necessary. Within five working days of the date of submission, the Secretary shall determine if all of the items required by Section 1226.04 have been submitted. If all the required items have not been submitted, the Secretary or the City Engineer shall notify the subdivider of such omissions.
(2) Official filing. After he determines that all required documents have been submitted, the City Engineer shall present to the Planning Commission, at the next meeting of such Commission, the final plat documents required by Section 1226.04. Upon determination by the Commission that the final plat has been properly submitted, the Commission shall accept the final plat as being officially filed and shall certify thereon the date.
(3) Planning Commission action. The Planning Commission shall act within thirty days from the date of official filing or within a mutually agreed upon time extension; otherwise the final plat shall be deemed to have been approved. One of the following actions shall be taken by the Planning Commission:
A. Conditional approval; improvements to be constructed. The Planning Commission may conditionally approve a plat provided that a construction agreement, acceptable to the City Engineer, is included with the required documents. Written notice of conditional approval shall constitute formal authorization to the subdivider to construct and install all improvements and shall assure the subdivider that the plat will be fully approved upon satisfactory installation of the required improvements.
B. Final approval. Final approval of a plat may be given in one of the following two ways:
1. After construction of improvements. After the subdivider has obtained conditional approval, as indicated in subparagraph (e)(3)A. hereof and has installed all required improvements to the satisfaction of the City Engineer, the City Engineer shall certify that the improvements have been satisfactorily installed in compliance with the construction agreement. Upon receipt of the City Engineer's certification and upon the determination that all the requirements of these Regulations have been met, the Planning Commission may give final approval and shall indicate such approval and the date of the same on the tracing of the final plat.
2. Before construction of improvement. The Planning Commission may give final approval before all required improvements are installed, provided that a construction agreement and cash bond, acceptable to the Director of Law and the City Engineer, are provided for the purpose of assuring installation of such improvements. The amount of such performance guarantees shall be sufficient to cover the cost of all improvements, such cost to be based on an estimate made by the City Engineer. Upon receipt of the City Engineer's certification and upon the determination that all the requirements of these Regulations have been met, the Planning Commission may give final approval and shall indicate such approval and the date of the same on the tracing of the final plat.
C. Disapproval. Should the Planning Commission decide to disapprove the final plat, written notice of such action, including reference to the regulation or regulations violated by the plat, shall be mailed to the subdivider. The action shall also be entered on the official records of the Planning Commission.
(4) Effect of approval. Upon final approval of a subdivision involving the creation of new streets, the widening, decreasing or vacating of existing streets or alleys or the creation, enlargement or decrease of other lands devoted to public use, the Planning Commission shall transmit notice of such action to Council, together with appropriate recommendations concerning the acceptance of dedicated streets and alleys, of the vacation thereof and of the acceptance of other dedicated lands.
Final approval of a subdivision by the Planning Commission shall in no way constitute legal acceptance of any dedicated streets, alleys or other open spaces shown upon the plat.
(5) Forwarding of plats and acceptance. Upon the approval of a subdivision, the Planning Commission shall forward the original tracing to the Director of Law who shall prepare the necessary legislation for acceptance of any dedicated streets, alleys, lands for public use or other open spaces by Council. When the plat includes lands outside the Municipality, the original tracing shall be forwarded to the County Commissioners. Prior to acceptance by Council or by the County Commissioners, in the case of lands outside the Municipality, all improvements shall be constructed or their construction guaranteed.
(6) Recording. After acceptance of the plat by the County Commissioners, in the case of lands outside the Municipality, the City Engineer shall file the approved plat in the office of the County Recorder and lots may then be sold, leased or transferred and building permits issued. After acceptance of the plat by Council, the City Engineer or other designated City official shall receive the recording fee from the Municipality and shall then file the approved plat in the office of the County Recorder and lots may then be sold, leased or transferred and building permits issued.
(Ord. 95-71. Passed 1-24-72.)