(a) Submission of Preliminary Plan. Prior to subdividing or resubdividing land within the jurisdiction of these Subdivision Regulations, the developer shall submit four prints of a preliminary plan of the proposed subdivision to the Clerk of the Planning Commission not less than seven days prior to a regular meeting of the Commission. The preliminary plan shall be for the purpose of preliminary discussion, and it shall include the information and plans specified in Section 1167.01, of these Subdivision Regulations, except as provided in subsection (c) hereof.
(b) Determination of Minor Subdivision. If the Clerk of the Planning Commission determines that the proposed subdivision of land:
(1) Adjoins an existing public street and does not involve opening, widening, extension or improvement of any roadway or the installation of any public utility;
(2) Creates no more than five lots;
(3) Does not adversely affect adjoining tracts of land; and
(4) Complies with the Zoning Ordinance and other pertinent ordinances of the Village than it shall be classified as a minor subdivision.
(c) Approval of Preliminary Plan for Minor Subdivision. If a subdivision is classified as a minor subdivision, only information as is determined necessary by the Clerk to ascertain the compliance of the subdivision with pertinent platting, zoning and other regulations need be submitted in support for the requested approval. The Clerk shall approve or disapprove such minor subdivision within seven days after it has been submitted by indicating upon the preliminary plan "Approved or Disapproved, Byesville Planning Com- mission." Three copies of the preliminary plan with the approval noted thereon shall be retained for the files of the Village Engineer. The decision of the Clerk may be appealed in writing to the Planning Commission.
(d) Recording Minor Subdivision. After approval of a minor subdivision preliminary plan by the Clerk of the Planning Commission, the developer or subdivider may submit a deed or deeds describing lots by metes and bounds which shall conform to the approved preliminary plan. The Clerk of the Planning Commission shall approve such conveyances if they conform to the preliminary plan by noting on such deeds the words "Approved, Byesville Planning Commission".
(e) Approval of Preliminary Plan for Major Subdivision. A preliminary plan shall be presented to the Planning Commission by the Clerk at the Commission's first regular meeting held at least seven days after submission of the preliminary plan to the Clerk by the subdivider. Such presentation shall represent the date of filing. The Planning Commission shall act upon the preliminary plan filed within thirty days from the date of its initial consideration at a regular Planning Commission meeting or within such further time as agreed to by the applicant. If the Commission acts favorably, the Clerk shall sign the plan and return one copy to the developer. If the Commission acts unfavorably, the reasons for such action shall be stated in writing along with conditions necessary for approval of the preliminary plan.
(1) After filing of the preliminary plan, the Planning Commission shall forward copies of the plan to those officials, agencies and organizations which may have an interest in such plan for review, recommendations and comments.
(2) Approval of the preliminary plan shall confer upon the subdivider the right for a two year period from the date of approval that the general terms and conditions under which preliminary approval was granted will not be changed and that within the two year period the whole, part or parts of the subdivision may be submitted for final approval.
(3) A preliminary plan shall not be approved unless the Planning Commission finds that:
A. All the applicable provisions of the Zoning Ordinance, these Regulations and other codes of the Village are complied with, and
B. The subdivision can be adequately served with public facilities and services suitable in the circumstances, and
C. All land intended for building sites can be used safely and without endangering the health and safety of the residents by peril from floods, erosion, continuously high water table, poor soil conditions or other menace.
(Ord. 849. Passed 3-12-73.)