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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.)
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.)
(a) Approval shall be effective for a period of twenty-four months from the date the preliminary subdivision plan is approved by the Planning Commission, unless an extension of time is granted by the Commission for good cause shown. Upon the expiration of the time limit, the preliminary subdivision plan must be resubmitted in accordance with preliminary subdivision plan procedures and requirements.
(b) The construction of improvements shall be started within one year and all improvements shall be completed within three years of the approval of the preliminary subdivision plan by the Commission. If no construction has begun within one year from the date of approval, the approval shall lapse. At least thirty percent of the total construction costs shall be incurred to define the start of construction.
(c) Any request from a developer for an extension of the effective period for a preliminary subdivision plan, over and beyond that set forth in subsection (b) hereof, shall be granted only if the Commission determines that such extension is absolutely necessary and, in addition, the City Engineer determines that the developer is proceeding in a satisfactory manner with the installation of the required improvements. An extension of the effective period for a preliminary subdivision plan, as provided for in this section, shall be for a period not to exceed one year, provided that during the one-year extension period, the developer must meet all applicable rules and regulations, current and in force, during that one-year period, including, but not restricted to, these Regulations and all provisions of the Elyria Zoning Code, and provided further that the developer shall post a performance guarantee, as indicated in Chapter 1114, with the City, to insure completion of the project improvements within the said one-year extension period.
(Ord. 97-297. Passed 12-15-97.)
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