1244.06  PRELIMINARY PLAT; CONDITIONAL APPROVAL.
   Following the approval by the Planning Commission of a sketch plan of a subdivision, as provided in Section 1244.05, a developer shall prepare a preliminary plat of a subdivision, together with improvement plans and other supplementary material as specified herein.
   (a)   Plat Preparation.  The preliminary plat shall be designed and drawn by a engineer or land surveyor.
   (b)   Submittal of Data.  Fourteen copies of the preliminary plat and supplementary material specified shall be submitted to the planning Commission with a written application for conditional approval at least ten days prior to the date of the meeting at which it is to be considered.
      (1)   Data required as a basis for the preliminary plat shall include existing conditions as follows, except when otherwise specified by the Planning Commission:
         A.   Boundary lines:  Bearings and distances;
         B.   Easements:  Location, width and purpose;
         C.   Streets on and adjacent to the tract; Name, distances to, right-of-way width and location; type, width and elevation of roadway; legally established centerline elevation; walks, curbs, gutters, culverts, etc.,
         D.   Utilities on and adjacent to the tract: Location, size, invert elevation and directional flow of existing and proposed subdivision sanitary and storm sewers, and sewers connecting with existing or proposed Municipal interceptor, outlet or trunk sewers outside of the subdivision, and the area and location of easements to be granted to the Municipality for such proposed sewers.  The location and size of water mains, and the location of gas lines, fire hydrants, electric and telephone poles, underground facilities and street lights, shall also be shown.  If water mains and sewers are not on or adjacent to the tract, the direction and distance to the nearest facility, and its size, shall be indicated, showing invert elevation of the sewers.
         E.   Ground elevations on the tract, based on the U.S. Geological Survey datum plane at a contour interval of not more than two feet;
         F.   Subsurface conditions on the tract.  Location and results of tests made to ascertain subsurface soil, rock and ground water conditions; or a written description if no formal testing is performed.
         G.   Other conditions on the tract:  Watercourses, marshes, rock outcroppings, wooded areas, isolated preservable trees one foot or more in diameter, dwellings, buildings and other significant features;
         H.   Other conditions on adjacent land:  Approximate direction and gradient of ground slope, including any embankments and retaining walls; character and location of buildings, railroads, power lines, towers and other nearby nonresidential land uses or adverse influences; owners of adjacent unplatted land.  For adjacent platted land, reference shall be made to the subdivision plat by name, recorded date and number, and the approximate percentage of completion, the typical lot size and the dwelling type shall be shown.
         I.   Photographs, if required by the Planning Commission:  Camera locations, directions of views and key numbers;
         J.   Zoning, on and adjacent to the tract;
         K.   Proposed public improvements:  Highways or other major improvements planned by public authorities for future construction on or near the tract;
         L.   Key map, showing the location of the tract;
         M.   Title and certificates:  Present tract designation (permanent parcel number) according to official records in the office of the County Auditor and Recorder; title under which the proposed subdivision is to be recorded, with names and addresses of owners and developers, and notations stating acreage, scale, north point, datum, benchmarks, certification of a registered civil engineer or surveyor, date of the survey and name of the engineer or surveyor who prepared the preliminary plat;
         N.   A letter of intent indicating the proposed use to which the subdivision will be put, along with a description of the type of residential buildings and number of dwelling units contemplated, or the type of business, so as to reveal the effect of the development on traffic, fire hazards or congestion of population.  Such proposed uses may not be in conflict with any zoning ordinance which may be in effect at the time of action on the plat. 
         O.   Analysis of merchantable timber on property indicating the number of acres of timber to be cut.  (818.04 & 214.05C)
         P.   Videotape of existing right-of-way conditions for a distance of 1000 feet either side of entrance road intersection.  The video tape shall show the predevelopment condition of pavement, sidewalks, trees, lawns and other improvements in sufficient detail to determine if construction activities cause damage.
         Q.   A report from the Soil and Water Conservation District which details the soil and water conditions existing on the proposed site.
         R.   A traffic study of the existing traffic levels and anticipated traffic levels on streets that will be directly impacted by the proposed development.
         S.   Wetlands Permits when required by U.S. Army Corp. of Engineers.
         T.   Any and all other permits required by County, Regional, State and/or Federal Agencies.
      (2)   The preliminary plat shall be prepared at a scale of 100 feet to one inch and shall show all existing conditions required under paragraph (b)(1) hereof and shall also show all proposals including the following:
         A.   Streets:  Names, right-of-way and roadway widths, approximate grades and gradients;
         B.   Other rights of way or easements:  Location, width and purpose;
         C.   Location of utilities, if not shown on other exhibits;
         D.   Lot lines and lot numbers;
         E.   Sites, if any, to be reserved or dedicated for parks, playgrounds or other public uses;
         F.   Sites, if any, for multifamily dwellings, shopping centers, churches, service and industrial uses or other nonpublic uses;
         G.   Minimum building setback lines, shown on all lots, including corner lots, cul-de-sac lots and other lots having unusual shape or configuration;
         H.   Site data, including number of residential lots, typical lot size, gross acreage, net acreage (residential use only), and acres in parks, etc.;
         I.   Title, scale, north point and date;
         J.   Conditional approval paragraph, for execution by the Chairperson and Secretary of the Planning Commission to evidence the conditional approval of the Commission, the date thereof and the period of effectiveness of the conditional approval in accordance with these Regulations; and
         K.   Typical building arrangement and dimensions and configuration of a typical house(s) in the Subdivision.
      (3)   The preliminary plat shall be accompanied by a topography plan of existing conditions of the proposed subdivision; profiles showing the existing ground surface and proposed street grades, including extensions for a reasonable distance beyond the limits of the proposed subdivision; typical cross-sections of the proposed grading, roadway and sidewalks; and preliminary plans of proposed sanitary and storm water sewers with grades and sizes indicated.  All elevations shall be based on U.S.G.S. datum plane.
      (4)   The preliminary plat shall be accompanied by a draft of protective covenants whereby the developer proposes to regulate land use in the subdivision and otherwise protect the proposed development.
   (c)   Review Procedures.  Upon receipt of the application, preliminary plat and other supplementary material as specified in these Regulations, the Secretary of the Planning Commission shall transmit a copy of all submissions to the City Engineer for review, report and recommendation.  He shall, within thirty days from the date of receiving the preliminary plat and supplementary material, provide and furnish to the Planning Commission a report of all his findings with regard to all of the submission material.
      Following the review of the preliminary plat, together with other material submitted, for conformity thereof to these Regulations, and following the review of the Engineer's report, and following the completion of all negotiations with the developer on changes deemed advisable by the Engineer and/or Planning Commission as to the kind and extent of improvements to be made, the Planning Commission shall, within one hundred twenty days after receiving the preliminary plat and supplementary material, either conditionally approve the preliminary plat, disapprove it with reasons, or conditionally approve it subject to such modifications as may be required.  The action of the Planning Commission shall be noted on all three copies of the preliminary plat, referenced and attached to any conditions specified.  One copy shall be returned to the developer, one copy forwarded to the Engineer, and one copy filed with the records of the Planning Commission.
   (d)   Extent of Approval.  Conditional approval by the Planning Commission shall be limited to general lot arrangement and street location only.  Conditional approval shall be deemed an expression of approval of the layout submitted for the approval of the Planning Commission, and used for recording upon fulfillment of the requirements of these Regulations and conditions of the conditional approval, if any.  In no case shall the conditional approval by the Planning Commission be construed as an acceptance of dedication of streets and public places shown thereon, nor shall it entitle the developer to place such plat on record.
   (e)   Transfer, Contract to Sell or Sale of Land Before Plat Recording Prohibited.  No person, being the owner or agent of the owner of any land within the City of North Royalton, shall willfully transfer, contract to sell or sell any lot, parcel or tract of such land from or in accordance with a plat of a subdivision as specifically defined in Section 1240.07, before the plat has been recorded in the office of the County Recorder.  The description of the lot, parcel or tract by metes and bounds in the deed of transfer or contract to sell shall not serve to exempt the seller from this section.  The sale of lots, parcels or tracts from a plat of a subdivision on which any and all areas indicated as streets or open grounds are expressly indicated as for the exclusive use of the abutting or other owners in the subdivision, and not as public streets, ways or grounds, shall not serve to exempt the seller from this section.
(Ord. 1987-123. Passed 10-21-87.)
   (f)   Approval Period.  Conditional Approval of any preliminary plat or any part thereof shall expire and become ineffective for all purposes one year after the date of Planning Commissions Approval unless all of the following conditions exist:
      (1)   The plans and specifications and details required in Chapter 1248 of these regulations for the improvements required have been submitted to and approved by the City Engineer; and
      (2)   The necessary easements for such improvements have been granted to and accepted by the Municipality in accordance with these Regulations; and
      (3)   Such improvements have been placed under contract to construct; and
      (4)   Such improvements have commenced and consistently progressed; and
      (5)   The final plat for record has been submitted.
      The Planning Commission may grant one extension of its conditional approval of a Preliminary Plat as it deems necessary; not to exceed six months, providing that the developer demonstrates in writing a condition on his part of unnecessary hardship or practical difficulty; and, providing that not more than one year has elapsed since Planning Commissions conditional approval of the Preliminary Plat.
(Ord. 98-114. Passed 9-1-98.)