The Planning Commission shall review and take action on the preliminary plan not later than thirty (30) days from submittal of the preliminary plan to the Commission by the Code Inspector pursuant to Section 1111.05 above, or within such further time as is agreed upon by the Owner/Developer. In reviewing the preliminary plan, the Planning Commission shall consider the input received from the Code Inspector.
A preliminary plan shall not be approved unless the Planning Commission finds that:
(a) The preliminary plan complies with the provisions of the Ohio Revised Code, these regulations and other codes of the City, and
(b) The subdivision can be adequately served with public or private utilities, facilities and services suitable under the specific circumstances, as approved by the City Engineer, and
(c) Land intended for building sites appears suitable for development and is not likely to be subject to peril from floods, erosion, continuously high water table, poor soil conditions or other menace; however, preliminary approval shall not be construed to imply or infer any warranty or assurance by the City that such hazards do not exist, or any liability thereof.
The Planning Commission may approve, disapprove, or approve with modification the submitted plan. The grounds for the action, including citation or reference for rules violated by the plan, shall be stated in the written record of the Commission. Any approval of a preliminary plan shall be effective for a period of two (2) years.
In the event that modifications are required, a copy of the revised preliminary plan incorporating such modifications shall be completed by the Owner/Developer and submitted to the Commission within three (3) months for the permanent file.
Approval of the preliminary plan shall confer upon the applicant the right for a two (2) year period from the date of approval that the general terms and conditions under which approval was granted will not be changed, and that within such two (2) year period, the whole, including all parts of the preliminary plan shall be submitted for final approval, pursuant to Section 1111.07 below, unless an extension of such time is granted by the Planning Commission
(Ord. 2009-85. Passed 12-8-09.)