1191.08 CONSOLIDATED PRELIMINARY AND FINAL PLAT REVIEW AND APPROVAL.
The Subdivider may submit both a Preliminary Plat and Final Plat of the proposed subdivision for consolidated review and approval in accordance with this Section. The Preliminary Plat shall conform to all requirements set forth in Section 1193.01 herein and the Final Plat shall conform to all requirements set forth in Section 1193.03. If the Subdivider chooses to submit both the Preliminary Plat and Final Plat at the same time, the Director of Planning or the Director’s designee shall complete an initial consolidated review of the plats to determine whether the Final Plat substantially conforms to the Preliminary Plat. The Director of Planning shall submit a certification to Planning Commission stating that the Final Plat does or does not substantially conform to the Preliminary Plat.
(a) Submission and Staff Review. The Subdivider shall prepare and submit the Preliminary Plat and Final Plat in accordance with the procedures set forth in Section 1191.05(a) herein. The Director of Planning or the Director’s designee shall additionally complete an initial consolidated review of the plats to determine whether the Final Plat substantially conforms to the Preliminary Plat. If the Director of Planning determines the Final Plat substantially conforms to the Preliminary Plat, the Director shall submit a certification to Planning Commission confirming the Director's determination of substantial conformity between the plats.
(b) Planning Commission Review.
(1) The Preliminary Plat will be checked by the Planning Commission as to its conformity with the Roadway Functional Classification Map, Zoning Ordinance, and Subdivision Regulations. Copies of said Preliminary Plat will be referred by the Planning Commission for recommendation or other action to the applicable administrative officials governing zoning, building, engineering, public works, and/or fire, for the review of all items within their jurisdiction including construction plans of the proposed improvements.
(2) The Planning Commission will tentatively approve or disapprove the Preliminary Plat, or approve it with modifications, noting thereon any changes that will be required. If the Planning Commission approves the Preliminary Plat, the motion of the Planning Commission approving the Preliminary Plat shall be accompanied by a second motion approving the Final Plat. If the Planning Commission approves the Preliminary Plat with modifications, the Final Plat shall be approved subject to the same modifications. The Planning Commission shall not recommend approval unless it has received a certification from the Director of Planning confirming the Director’s determination that the Final Plat substantially conforms to the Preliminary Plat.
(c) Approval.
(1) Upon approval by the Planning Commission, the Preliminary Plat shall be forwarded together with the Final Plat to City Council. City Council shall review the recommendation of staff and Planning Commission and approve or disapprove the Preliminary Plat, or approve it with modifications, noting thereon any changes that will be required. If City Council approves the Preliminary Plat, the motion approving the Preliminary Plat shall be accompanied by a second motion approving the Final Plat. If City Council approves the Preliminary Plat with modifications, the Final Plat shall be approved subject to the same modifications.
(2) Small-scale subdivisions that include the platting of five or less lots are not subject to approval by City Council. The approval of such subdivisions by Planning Commission shall be deemed the final approval of the Preliminary Plat.
(3) One copy of the Preliminary Plat and Final Plat will be returned to the Subdivider with the date of said tentative approval or disapproval endorsed thereon. Similar copies will be transmitted to the Director of Engineering. The approval of the Preliminary Plat and Final Plat by the Planning Commission and City Council is to be considered only as an approval of the layout, with the understanding that the Director of Engineering, and other applicable City Officials, may modify any engineering or construction details proposed by the Subdivider, whenever required for the protection of the public interest.
(d) Final Plat Recordation.
(1) If the Final Plat of the subdivision was previously approved by City Council pursuant to this Section, the Subdivider shall notify the Planning Director upon completion of the Subdivider’s installation of all improvements required under Chapter 1199 herein. If the Planning Director and appropriate City Staff determine the improvements have been satisfactorily completed, the Planning Director shall file with the Planning Commission a certification that the Final Plat substantially conforms with the Preliminary Plat and the construction plans, the improvements required under Chapter 1199 have been satisfactorily completed, and the Planning Director has received the Official Drainage Plan and Homeowners Association Declaration, Bylaws, Covenants and Restrictions approved by appropriate City Staff. The filing of the Planning Director’s certification shall not be deemed to constitute or effect an acceptance by the public of the dedication of any street or other proposed public way or space shownon the plat.
(2) The Planning Department will provide two original mylars of the Final Plat, provided to the Subdivider for recording purposes. Upon recording of the Final Plat with the County Recorder of Butler County, by the Subdivider, the Planning Department shall be provided with one original mylar and one electronic copy of the recorded Final Plat. The Planning Department will then provide copies of the recorded Final Plat to the appropriate departments and agencies.
(3) All applicable subdivision requirements and regulations set forth in this Chapter, with the exception of procedural plat approval steps expressly modified by this Section 1191.08, shall continue to apply in full force and effect, including but not limited to the Section 1191.07(d) Final Plat Expiration timeline.
(Ord. 2021-5-30. Passed 5-12-21.)