1183.04  MAJOR SUBDIVISION PROCEDURE.
   (a)   General Procedure. Major subdivisions shall be approved in four stages: preliminary discussion stage, preliminary plan stage, improvement plan stage, and the final plat stage.
      (1)   The preliminary discussion stage requires the subdivider to discuss the proposed subdivision with the appropriate agencies so that he/she can become familiar with subdivision requirements, existing conditions, and future plans.
      (2)   The preliminary plan stage requires the subdivider to present all information needed to enable the Commission to determine that the proposed layout is satisfactory and will serve the public interest. This stage also insures that the subdivider will not be required to expend excessive monies without some assurance that his/her plat will be finally approved.
      (3)   The improvement plan stage requires the subdivider to present all the information needed to enable the Deputy Service Director/Superintendent of Engineering to check the drainage areas and to determine that the storm sewers, sanitary sewers, water lines and material proposed for street construction meets the requirements of these Regulations and the specifications of the Deputy Service Director/Superintendent of Engineering.
(Ord. 2002-106.  Passed 11-6-02)
      (4)   The final plat stage requires the subdivider to present a complete survey plat to enable the Commission to determine that the subdivision fully complies with these Regulations and conforms to the approved preliminary plan and the improvement plans.
   (b)   Preliminary Discussion. The subdivider shall consult with the Planning Commission. He/she shall submit a preliminary discussion map including all items required by Section 1185.02 and shall also obtain a preliminary steps certification form (see Appendix B ) from the City Development Engineer, which shall be signed by the agencies listed on the certification form.
   (c)   Preliminary Plan Procedure.
      (1)   Submission of preliminary plan.  The subdivider shall make application to the Commission for approval of a preliminary plan. All information required by Section 1185.03 shall be submitted to the City Development Engineer at least two weeks before the meeting of the Planning Commission at which the plat is to be acted upon
         A.   Two copies of application. (See Appendix B.)
         B.   One copy of the preliminary steps certification form. (See Appendix C.)
         C.   Eight copies of the preliminary plan including a vicinity map. (See Appendix D.)
         D.   Any other data that the City Development Engineer deems necessary.
         E.   Preliminary plan fees. (See Section 1181.05)
      (2)   Transmission of preliminary plan. The Service Director shall transmit a copy of the preliminary plan to the following officials and agencies for their review and recommendations. Prior to the Planning Commission meeting, a date on which the site will be viewed shall be established by the Service Director. The officials and agencies listed below shall be requested to attend this viewing along with the developer and his/her engineer.
         A.   The City Development Engineer.
         B.   The Planning Commission.
         C.   The School Board.
         D.   City Board of Health and/or Ohio Department of Health.
         E.   The Tri County Regional Planning Commission.
         F.   Township trustees outside of but within three miles of the corporate limits, subject to the provisions of Ohio R. C. Chapter 711.
         G.   Park and Recreation Board.
The Service Director may transmit additional copies of the preliminary plan documents to utility companies, and others as deemed necessary. The officials and agencies shall be requested to make their review and recommendations to the City Development Engineer within seven days from the date of transmission.
      (3)   Official filing of preliminary plan. Upon determination by the City Development Engineer that the preliminary plan has been properly submitted, the preliminary plan shall be accepted as being officially filed.
      (4)   Planning Commission Action.  The Planning Commission, within thirty days of the date of official filing shall approve, approve conditionally or disapprove the preliminary plan.  The action shall be noted on both the preliminary plan and the preliminary plan application form and a copy of each returned to the subdivider.  The action shall also be entered on the official records of the Planning Commission and a copy of the preliminary plan with action noted kept on file.
      (5)   Effect of approval.  Approval of a preliminary plan by the Planning Commission  is not an acceptance of the subdivision for record.  It is an approval of a general plan as a guide for the preparation of improvement plans and a subdivision plat for final approval and recording upon fulfillment of all requirements of these Regulations.  Approval of a preliminary plan shall be effective for a period of one year following the date of the approval by the Planning Commission unless an extension of time is granted.  Upon expiration of a preliminary plan approval, no approval of a final plat shall be given until the preliminary plan has been resubmitted and approved.  Construction of improvements shall not begin until action on the final plat has been taken.
   (d)   Improvement Plan Procedure.  The developer's engineer shall prepare improvement plans which include all phases of the work to be performed to make the land suitable for development into the use proposed. These plans shall be complete and precise in all details and be submitted to and approved by the City Development Engineer before any improvements are constructed.
(Ord. 1971-110. Passed 9-8-71.)
   (e)   Final Plat Procedure.
      (1)   Submission of the final plat.  The subdivider shall make application to the Planning Commission for approval of a final plat. The final plat submitted shall conform to the approved preliminary plan. Subdivisions may be submitted for final approval in consecutive sections provided that preliminary plan and improvement plan approval has been given for the entire subdivision. All items as required by Section 1185.04 shall be submitted to the City Development Engineer as follows:
         A.   Two copies of the application for final plat approval. (See Appendix E.)
         B.   Original tracing and two copies of final plat and vicinity map. (See Appendix F.)
         C.   Original tracing and four copies of approved improvement plans.
         D.   Final plat fees. (See Section 1181.05).
         E.   One copy of financial guarantees approved by the City Director of Law in an amount stated by the City Development Engineer.
The City Development Engineer may request additional copies of any of the above items and any other additional information deemed necessary. Within five working days of the date of submission, the City Development Engineer shall determine if all the items as required by Section 1185.04 have been submitted. If all the required items have not been submitted, the City Development Engineer shall notify the subdivider of such omissions.
(Ord. 1971-130. Passed 11-17-71.)
      (2)   Official filing of final plat. The City Development Engineer shall present to the Planning Commission the final plat documents, which meet the requirements of Section 1185.04 at the next meeting after all required documents have been submitted. Upon determination by the Planning Commission that the final plat has been properly submitted, the Planning Commission shall accept the final plat as being officially filed and shall certify on the copies the date of acceptance.
      (3)   Planning Commission action. The Planning Commission shall approve or disapprove the plat within thirty days from the date of official filing or within a mutually agreed upon time extension; otherwise the final plat shall be deemed to have been approved. One of the following actions shall be taken by the Planning Commission
         A.   Final approval. The Planning Commission may give final approval before all required improvements are installed, authorizing its chairman to sign the plat at such time as a construction agreement and a cash bond, acceptable to the City Law Director and in the amount stated by the City Development Engineer, are provided for the purpose of assuring installation of such improvements. The amount of such cash bond shall be sufficient to cover the cost of all improvements, based upon an estimate by the City Development Engineer. Upon receipt of the City Development  Engineer's certification and determination that all the requirements of these Regulations have been met, the Planning Commission may give final approval and shall indicate such approval and date on the tracing of the final plat.
         B.   Disapproval. Should the Planning Commission determine to disapprove the final plat, written notice of such action, including reference to the regulations or regulation violated by the plat, shall be mailed to the sub divider. The action shall also be entered on the official records of the Planning Commission.
         C.   Approval without Board action. In the event the Planning Commission fails to approve or disapprove the final plat within thirty days from the date of its official filing, or within a mutually agreed upon time extension, the final plat shall be deemed to have been approved.
      (4)   Effect of approval. Final approval of a plat by the Planning Commission shall not be an acceptance by the public of the offer of dedication of any street, highway or other public ways or open space upon the plat unless such acceptance is also endorsed by Council upon the tracing of the final plat.
(Ord. 1971-110. Passed 9-8-71.)
      (5)   Recording of final plat. After final approval of a plat by the Planning Com mission, the subdivider shall deliver the tracing of such plat to the township trustees of any unincorporated area for their signature if the proposed subdivision is outside the corporate limits of Kent, but within the three mile jurisdictional limit. He/she shall then return the tracing to the City Development Engineer, who after rechecking, shall secure approval of the County Engineer. The City Development Engineer shall then present the plat to the County Auditor for transfer and to the County Recorder for recording. All fees required in connection with the above process as well as costs of reproductions of such plat shall be paid by the subdivider. Upon recording of the final plat, the tracing of the plat shall be permanently retained by the Planning Commission and filed with the City Development Engineer.
(Ord. 1998-17. Passed 2-18-98.)