CHAPTER 1111
Procedure for Subdivision Approval
1111.01   Procedure generally.
1111.02   Subdivisions involving five lots or less.
1111.03   Compliance with design principles required; subdivisions involving more than five lots.
1111.04   Pre-application proceedings.
1111.05   Application submittal; fee.
1111.06   Preliminary subdivision plan.
1111.07   Effective period of approval.
1111.08   Final plat.
1111.09   Subdivision of land within flood hazard areas.
   CROSS REFERENCES
   Plat and subdivision defined - see Ohio R.C. 711.001
   Original plats - see Ohio R.C. 711.01 et seq.
   Vacating or altering plats on application of owner - see Ohio R.C. 711.17 et seq.
   Lots outside municipal boundaries - see Ohio R.C. 711.24 et seq.
   Revision of plats - see Ohio R.C. 711.28 et seq.
   Lost or destroyed records - see Ohio R.C. 711.34 et seq.
   Street dedication and acceptance - see Ohio R.C. 723.03
1111.01 PROCEDURE GENERALLY.
   No construction work, with the exception of preliminary site work approved by the City Engineer, on proposed public improvements for subdivisions, by any person, firm, corporation or other entity, shall proceed until the Planning Commission has granted approval of the preliminary subdivision plan, and the required subdivider's agreement with the City has been executed.
(Ord. 97-297. Passed 12-15-97.)
1111.02 SUBDIVISIONS INVOLVING FIVE LOTS OR LESS.
   Whenever a division of a parcel of land shown as a unit on the last preceding tax roll (duplicate) is proposed along an existing public street not involving the opening, widening or extension of any street or road, and involving no more than five lots, the division shall be submitted to the Planning Commission for action without a plat. A drawing, based on a survey showing the location of property and giving such other information as may be necessary, as determined by the Building Inspector, shall be required. If the Commission, acting through the Building Inspector, is satisfied that such proposed division is not contrary to applicable platting, subdividing or zoning regulations, it shall, within seven working days after submission, approve such proposed division. On presentation of a conveyance of the parcel, the same shall be stamped "Approved, City of Elyria Planning Commission" and signed by the Building Inspector.
(Ord. 97-297. Passed 12-15-97.)
1111.03 COMPLIANCE WITH DESIGN PRINCIPLES REQUIRED; SUBDIVISIONS INVOLVING MORE THAN FIVE LOTS.
   In planning and developing a subdivision of more than five lots, a developer shall comply with the general principles of design and minimum requirements for the layout of subdivision as set forth in Chapter 1112 of these Regulations, and with the rules and regulations concerning required improvements, as set forth in Chapter 1115 of these Regulations, and in every case shall pursue the following procedure:
   (a)   Pre-application
   (b)   Preliminary subdivision plan submission
   (c)   Final plat submission
   (d)   Final plat recording
(Ord. 97-297. Passed 12-15-97.)
1111.04 PRE-APPLICATION PROCEEDINGS.
   It is recommended that at least one week prior to submitting a preliminary subdivision plan to the Planning Commission, the developer, and/or his or her engineer, consult with the Building Inspector, the City Engineer, the City Fire Marshal and the Community Development Director, while the plan is in conceptual form, to discuss all pertinent issues and technical requirements. It shall be the responsibility of the developer to request this optional meeting.
(Ord. 97-297. Passed 12-15-97.)
1111.05 APPLICATION SUBMITTAL; FEE.
   All applications for subdivisions shall be submitted at least fourteen days prior to a Planning Commission meeting and shall be accompanied by a fee, as established by City Council, before any action will be taken by the City. Incomplete applications will not be accepted for review by the Planning Commission.
   An hourly charge may be assessed by the City Division of Engineering for the review of plans submitted by a developer.
(Ord. 97-297. Passed 12-15-97.)
1111.06 PRELIMINARY SUBDIVISION PLAN.
   The developer shall prepare a preliminary subdivision plan of the proposed subdivision, which shall conform to the requirements set forth in Chapter 1113 and shall involve the following:
   (a)   The subdivider shall have prepared a preliminary subdivision plan, together with a title guarantee or equivalent evidence of title or control that shows the status of the title, including ownership, liens and mortgages, if any, the interest of the subdivider and any easements and rights of way affecting the land being submitted for plan approval, together with such preliminary subdivision plans and specifications of improvements as required by these Regulations as specified in Chapter 1115.
   (b)   Twenty copies of the preliminary subdivision plan and supplementary material, as may be specified by the City Engineer, shall be received by the Clerk of the Planning Commission with the written application for conditional approval, fourteen days prior to a regularly scheduled Commission meeting. Filing is not considered complete until all data required by ordinance are submitted.
   The appropriate City staff shall review the plans and prepare a written report for review by the Planning Commission.
   (c)   The Commission, acting through the City Engineer, shall, within thirty days, or within such further time as the applicant may agree to, review the preliminary subdivision plan and other material submitted for conformity thereof to these Regulations and to any other land use or thoroughfare plan adopted by City Council, and negotiate with the subdivider on changes deemed advisable. The Commission shall inform the subdivider as to which public offices must be contacted to determine the nature and extent of the improvements required.
   Upon completion of the review, the action of the Commission shall be noted on two copies of the preliminary subdivision plan, shall be referenced and shall have attached to it any conditions determined necessary for approval. One copy shall be retained by the Commission and the other returned to the developer.
      (1)   Approval or conditional approval of a preliminary subdivision plan shall not constitute approval of a final plat. Rather, it shall be deemed an expression of approval of the layout, as returned to the subdivider on the preliminary subdivision plan, as a guide to the preparation of the final plat which will be submitted for approval to the Commission, and for recording upon fulfillment of the requirements of these Regulations and the conditions of conditional approval, if any.
      (2)   Upon disapproval of a preliminary subdivision plan, the Commission shall enter in its minutes the reason for disapproval, including a citation of, or reference to, the rule or regulation violated by said plan. The applicant may thereafter make such changes as he or she deems necessary to conform the plan to such rules and regulations and may resubmit the plan, as revised, to the Commission for approval or disapproval, to be processed within the time and in the manner provided for in this chapter.
      (3)   If the Commission does not render approval of the preliminary subdivision plan within the period stipulated in this subsection, or such further time as the Commission and the applicant may agree to, nothing in these Regulations shall prohibit the subdivider from officially filing his or her final plat with the Commission.
      (4)   If the subdivider or developer wishes to install his or her improvements before the final plat is approved by the Commission or is recorded, he or she shall comply with the requirements of both the preliminary subdivision plan and the final plat. The plans and specifications for the improvements shall be approved by the City Engineer prior to construction.
(Ord. 97-297. Passed 12-15-97.)
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