(a) No later than upon completion of all improvements required by these Regulations, the developer shall file with the Planning Commission a final plat (record plat) of the subdivision for final approval, as set forth in subsection (c) hereof. A subdivision which has preliminary approval may be developed in sections, and a final plat for each section may be submitted to the Commission for approval.
(b) A final plat shall conform to the preliminary subdivision plan, except where changes are agreed upon by the Commission and the subdivider, and it may constitute only that portion of the approved preliminary subdivision plan which the subdivider proposes to record and develop at the time, provided that such portion conforms to all the requirements of these Regulations.
(c) The submission of a final plat shall be as follows:
(1) Submission of plans. After receiving notice of approval of the preliminary subdivision plan, the subdivider shall proceed to file:
A. Twenty copies of the final plat, as required under Chapter 1113, together with:
1. A certificate from the City Engineer that a performance agreement and bonds, letters of credit or other guarantee or security acceptable to the City and the Board of County Commissioners, if they are involved, have been duly filed to secure the construction of such improvements; or
2. A certificate from the City Engineer, the County Engineer and the County Sanitary Engineer, if they are involved, that all improvements required by these Regulations have been installed.
B. A written application for approval upon compliance with the formal provisions of these Regulations, the application form to be provided by the Commission.
C. Plans and profiles of streets and all other plans and construction drawings relating to the improvements to be constructed in the subdivision as required in these Regulations. These plans and drawings are to be transmitted to the proper City or County office by the subdivider as directed by the Commission or the City Engineer.
(2) Filing. The final plat shall be filed with the Commission not later than twenty-four months after the date of the approval of the preliminary subdivision plan; otherwise it will be considered void, unless an extension is requested by the developer and granted by the Commission. The final plat shall be considered officially filed (submission of the plat for approval) after it has been examined by the Commission, reports have been received from the City Engineer, the City Health Department or any other applicable agency involved, and it is found to be in full compliance with the formal provisions of these Regulations and other applicable regulations. The official filing shall take place at least fourteen working days prior to the meeting at which it is to be considered by the Commission.
(3) Inspection of improvements. Before approval of the final plat by the Commission, the City Engineer shall conduct a final inspection of the subdivision improvements covered by such plat, in order to determine whether such subdivision improvements have been constructed in accordance with City of Elyria specifications, and in accordance with the preliminary subdivision plan, construction drawings and other plans or specifications for such improvements previously submitted by the developer and/or required by the Commission or the City of Elyria. If, upon such inspection, the City Engineer finds that said subdivision improvements have been satisfactorily completed in accordance with the foregoing, he or she shall so certify to the Commission in a written inspection report. If the City Engineer finds that the subdivision improvements have not been so completed in any respect, he or she shall fully and accurately describe the deficiencies to the Commission in the written inspection report. Thereafter, the City Engineer shall notify the developer of such deficiencies, in writing, and shall stipulate a reasonable period of time, not to exceed one year, in which such deficiencies shall be corrected by the developer. Any extensions of the minimum time limit for completion of the subdivision improvements, together with any extensions of any performance bond required by these Regulations, shall be stipulated and required by the City Engineer in its notice of such deficiencies to the developer.
(4) Planning Commission approval. The approval by the Commission, or the refusal to approve, shall take place within sixty days after the submission of the final plat for approval, or within such further time as the applying party may agree to. Otherwise, such plat is deemed approved, and the certificate of the Commission as to the date of the submission of the plat for approval, and the failure to take action thereon within such time, shall be sufficient in lieu of the written endorsement or evidence of approval required by this section. The grounds for refusal of approval of any plat submitted, including a citation of or reference to the rule or regulation violated by the plat, shall be stated upon the record of the Commission.
The developer shall be notified of the final action of the Commission and shall file the final plat in the Office of the County Recorder within sixty days after the date of approval, unless an extension is agreed to by the Commission; otherwise, the Commission may recall the plat for its reconsideration. The subdivider shall, within thirty days of recording, furnish the Commission with a twenty-four inch by thirty-six inch photostat of the recorded plat.
(5) Maintenance after approval; acceptance by City Council. The developer shall maintain and keep in repair all required improvements for one year from the date all improvements have been completed and approved. After one year, the City Engineer will examine all improvements and, if found in satisfactory condition, will recommend that the improvements be accepted for maintenance and ownership by the City. If the improvements need repair, said recommendation will not be made until after such improvements are repaired by the developer.
(6) Dedication for public use. If the final plat indicates land for public use, the plat shall be submitted to Council for the acceptance of such public land and the acceptance of any easement before it is recorded. The acceptance of any street or utility for public use and maintenance shall be by separate action of Council.
(Ord. 97-297. Passed 12-15-97.)