(a) Purpose. A preliminary plat of subdivision may be submitted to the Planning Commission and Council to gain their conditional approval of a proposed subdivision. Conditions of preliminary plat approval may include but not be limited to compliance with construction standards for streets, sewer, water or other public utilities, change of lot lines, or technical aspects of survey.
(b) Approval Routine. A subdivider may provide a preliminary plat of a proposed subdivision along with a properly completed application to the Zoning Administrator who shall process the application as follows:
(1) Establish a date for public hearing before the Planning Commission and publish notice of public hearing.
(2) Examine plat for compliance with the Master Plan, this Planning and Zoning Code, and other pertinent ordinances or regulations of the City.
(3) Submit the proposed subdivision plat to the City Engineer and other departments of the City administration for review regarding extension of streets and public utilities.
A. The City Engineer shall examine the plat for closure of the boundaries of the subdivision and other technical aspects of survey as described in the “Minimum Standards for Boundary Surveys” as found in Ohio Administrative Code 4733-37.
B. A preliminary plat which does not conform to the allowable error of closure or other items noted in the surveying standards publication shall not be referred to the Planning Commission.
(4) The Zoning Administrator shall promptly communicate to the subdivider any error found during the plat examination.
(5) Prior to the public hearing, the Zoning Administrator shall provide the Planning Commission members with a detailed report on the proposed subdivision. The written report shall also be made available to the subdivider.
(6) Following the public hearing, and upon an affirmative or negative recommendation being made by the Planning Commission, the Zoning Administrator shall immediately transmit to the Council a report of the hearing. The report shall include the Planning Commission's recommendation and the vote of each member regarding the recommendation.
(7) The recommendation of the Planning Commission concerning whether a preliminary plat should be approved or rejected shall stand as if being approved by Council, without Council action, except as follows: Council may reject or modify such recommendation by motion of Council, with two-thirds (2/3) vote of the current members of Council concurring thereto.
Any rejection or modification by Council must be within thirty (30) days of submission of the plat to the Planning Commission by the applicant. The Planning Commission or Council may reject preliminary plat approval if the plat is in violation of any rule, ordinance, resolution or law, or other just cause, and such rejection is made in a timely manner. In case of rejection, the Finance Director or the specific Clerk of Council, if any, shall endorse upon the plat the date of submission of the plat to the Planning Commission citing or referencing the rule, ordinance, resolution or law so violated, or other just cause that resulted in the Preliminary Plat rejection.
"Date of submission" shall be construed as the date when the Planning Commission is first presented with the plat by the Zoning Administrator for consideration of approval. The Zoning Administrator shall present the plat for approval to the Planning Commission without unreasonable delay.
(8) On receiving Council approval of a preliminary plat, the subdivider may proceed with a final subdivision plat with reasonable assurance of final approval after conditions of preliminary plat approval have been met.
(c) Required Information. A preliminary plat of subdivision submitted for consideration by the Planning Commission shall include all the following:.
(1) Each plat shall be drawn to a scale of not more than 100 feet to one inch.
(2) The plat shall indicate the name of the subdivision and also be noted as a preliminary plat.
(3) The plat shall indicate all proposed streets, rights-of-way, easements, and alleys. The subdivider will endeavor to minimize the number of utility easements and alleys within the subdivision.
(4) The plat shall show the boundaries of the entire property proposed to be subdivided and indicate the exact location of all existing permanent buildings, water courses, ravines, or other existing features, pertinent to a well-planned subdivision.
(5) The plat shall show compliance with the regulations of this Planning and Zoning Code, Master Plan, City Engineering Department Rules and Regulations, and other pertinent ordinances.
(6) The plat shall indicate all street rights-of-way being extended to the boundaries of the proposed subdivision.
(7) The plat shall indicate rights-of-way of adjacent property, which have been extended to the subdivision boundary.
(8) The plat shall indicate minimum building setback lines for all lots.
(9) The plat shall bear a certificate for the signature of the registered surveyor and approval certificates. The certificates shall be as noted in Section 1105.12.
(10) The plat shall provide measurements of each lot of the subdivision and perimeter of the subdivision in accordance with the "Measurement Specifications" as found in Ohio Administrative Code 4733-37.
(11) The plat shall indicate iron pins or pipe set at all property corners of lots in a subdivision.
(12) If the project is to be done in phases, concrete monuments shall be placed at the extremities of the improvements of each phase.
(d) Expiration of Preliminary Plat Approval.
(1) Preliminary plat approval shall expire automatically and be considered null and void if, within one year after the issuance of such approval:
A. No substantial construction, erection, alteration, excavation, demolition, or similar work is commenced on the site that is the subject of the preliminary plat; or,
B. Less than ten (10) percent of the total cost of all construction, erection, alteration, excavation, demolition, or similar work on any development has been completed on the site. With respect to phased development, this requirement B. shall apply only to the first phase.
(2) If, after some physical alteration to land or structures begins to take place, such work is discontinued for a period of one year, then the preliminary plat approval shall immediately expire.
(3) The Zoning Administrator may extend for a period up to six (6) months the date when an approval would otherwise expire pursuant to subsections (d)(1) or (2) of this section if the Zoning Administrator concludes that:
A. The approval has not yet expired; and,
B. The recipient of the preliminary plat approval has proceeded with due diligence and in good faith, and conditions have not changed so substantially as to warrant a new application. Successive extensions may be granted for periods up to six (6) months upon the same findings. All such extensions may be granted by the Zoning Administrator without resort to the formal processes and fees required for a new preliminary plat approval.
(Ord. 074-10. Passed 12-20-10.)