(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) Preliminary discussion stage. The preliminary discussion stage requires the subdivider to discuss the proposed subdivision with the appropriate agencies so that he can become familiar with subdivision requirements, existing conditions and future plans.
(2) Preliminary plan stage. 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 ensures that the subdivider will not be required to expend excessive moneys without some assurance that his plat will be finally approved.
(3) Improvement plan stage. The improvement plan stage requires the subdivider to present all the information needed to enable the City Engineer to check the drainage areas and to determine that the storm sewers, sanitary sewers, water lines and material proposed for street construction meet the requirements of these Regulations and the specifications of the City Engineer.
(4) Final plat stage. 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 shall submit a preliminary discussion map including all items required by Section 1169.02. (Ord. 143-96. Passed 9-23-96.)
(c) Preliminary Plan Procedure.
(1) Submission of preliminary plan. The subdivider shall make application to the Planning Commission for approval of a preliminary plan. All information required by Section 1169.03
shall be submitted to the Planning Director.
(Ord. 50-05. Passed 2-28-05.)
(Ord. 50-05. Passed 2-28-05.)
A. One copies of application for preliminary approval.
B. Thirteen copies of the preliminary plan including a vicinity map. (See Appendix A).
C. Any other data that the City Engineer deems necessary.
(Ord. 143-96. Passed 9-23-96.)
D. Each application shall be accompanied by the payment of the fee established in Chapter 1108 of the Planning and Zoning Code. In addition, the Planning Commission, where appropriate, may refer an application to qualified consultants for a report if the Planning Commission deems the proposed use may require special study. The cost of such report shall be at the expense of the applicant, in accordance with a policy established and amended from time to time by Council. (Ord. 50-05. Passed 2-28-05.)
(2) Planning Commission action. The Planning Commission within forty-five 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 Commission, and a copy of the preliminary plan with action noted kept on file.
(3) 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 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 Engineer before any improvements are constructed. As part of this submission the developer shall provide evidence that the following approvals have been received:
(1) Wetlands approval letter from the Army Corp of Engineers.
(2) Water system extension approval by Ohio EPA.
(3) Erosion control plan approved by Medina County Soil & Water Conservation Service.
(Ord. 143-96. Passed 9-23-96.)
(e) Final Plat Procedure.
(1) Submission of 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 have been given for the entire subdivision. All items as required by Section 1169.05 shall be submitted to the City Engineer as follows:
(Ord. 50-05. Passed 2-28-05.)
A. One copy of the application for final plat approval.
B. One copy of restrictive covenants pertaining to the site.
C. Original tracing and two copies of final plat and vicinity map.
D. Three copies of approved improvement plans.
(Ord. 143-96. Passed 9-23-96.)
E. Each application shall be accompanied by the payment of the fee established in Chapter 1108 of the Planning and Zoning Code. In addition, the Planning Commission, where appropriate, may refer an application to qualified consultants for a report if the Planning Commission deems the proposed use may require special study. The cost of such report shall be at the expense of the applicant, in accordance with a policy established and amended from time to time by Council. (Ord. 50-05. Passed 2-28-05.)
F. One copy of financial guarantees and insurance approved by the Law Director and Finance Director in an amount stated by the City Engineer (see Section 1173.08
).
G. The City 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 Engineer shall determine if all the items as required by Section 1169.05
have been submitted. If all the required items have not been submitted, the City Engineer shall notify the subdivider of such omissions.
(2) Official filing of final plat. The City Engineer shall present to the Planning Commission the final plat documents, which meet the requirements of Section 1169.05
, 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 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 forty-five 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 performance guarantee (refer to Section 1173.08
(e)), acceptable to the Law Director and City Engineer, are provided for the purpose of assuring installation of such improvements. The amount of such performance guarantee shall be sufficient to cover the cost of all improvements, based upon an estimate prepared by the subdivider’s consulting engineer and approved by the City Engineer. For the purpose of satisfying the performance guarantee requirement of this section, it shall be sufficient for the subdivider to submit the guarantee of a solvent bank or other financial institution that funds in the amount of the performance guarantee requirement have been committed to the installation of such improvements, in accordance with Ohio R.C. 1151.298, and that such funds will be disbursed by such bank or financial institution with the prior approval of the City Engineer. Upon receipt of the City 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. The final plan shall then be submitted to Council for approval. A two-thirds vote of Council shall be required to override the recommendation of the Planning Commission. Council shall endorse the subdivision by affixing the Clerk of Council's signature to 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 subdivider. The action shall also be entered on the official records of the Commission.
C. Approval without Commission action. In the event the Planning Commission fails to approve or disapprove the final plat within forty-five 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.
(5) Recording of final plat. After final approval of a plat by the Planning Commission the subdivider shall deliver the tracing of such plat to the City Engineer, who after rechecking and assigning a City lot number shall secure approval of the Tax Map Department. The City 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, a copy of the plat shall be permanently retained by the Planning Commission and filed with the City Engineer.