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(a) Prior to the filing of an application for conditional approval of a preliminary plat, the developer shall submit to the Planning Commission a sketch plan of the subdivision along with other data as described herein.
(b) The purpose of the sketch plan and pre-application procedure is to afford the developer an opportunity to avail himself or herself of the advice and assistance of the Planning Commission, and to consult early and informally with the Commission before preparation of a preliminary plat and before formal application for its approval.
(c) The developer should also consult with parties potentially interested with him or her, or with the ultimate users of the development, with a view to reaching, at this initial stage, firm conclusions regarding what part of the market demand should be served, the suitability of the location of the proposed subdivision, the most advantageous subdivision plan, and the arrangement of streets, lots and other features of the proposed development.
(d) Within one hundred twenty days after receiving the sketch plan and required supplementary data, the Planning Commission shall inform the developer that the plans and data as submitted, or as modified, comply with the requirements of these Regulations, or fail to comply, and shall approve, disapprove or modify said sketch plan. In the case of disapproval, the Commission shall state in writing its reason for such disapproval.
(e) Pre-application sketch plans and data shall include the following:
(1) General subdivision information, which shall describe or outline the existing conditions of the site and the proposed development as necessary to supplement the drawings required in this section. This information shall include data on existing covenants, land characteristics and available community facilities and utilities, as well as information describing the subdivision proposal, such as the number of residential lots, typical lot width and depth, price range, business areas, playground park areas and other public areas, proposed protective covenants, proposed utilities and proposed street arrangement and improvements.
(2) A location map, which shall show the relationship of the proposed subdivision to existing community facilities which serve or influence it. It shall include the development name and location; the scale; the north point; the date; main traffic arteries; public transportation lines; and, where applicable, the location of existing shopping areas, schools, parks, playgrounds, hospitals, churches and other community facilities.
(3) A sketch plan, with topographic data, which shall show in sketch form the proposed layout of streets, lots and other features in relation to existing conditions. The sketch plan may be a free-hand pencil sketch made directly on a print of the topographic survey.
(Ord. 1970-232. Passed 9-15-71; Ord. 98-114. Passed 9-1-98.)
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.
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.)
Following the conditional approval by the Planning Commission of a preliminary plat, and subject to the provisions of these Regulations, the developer shall prepare for record purposes, and for dedication of public streets and other public places, a final plat of the proposed subdivision, as set forth in this section.
(a) Submittal of Data. A written application for approval of the final plat of a subdivision, together with fourteen copies of the final plat, improvement plans, supplementary material and other exhibits required for approval as specified below, shall be submitted to the Planning Commission at least ten days prior to the date of the meeting at which it is to be considered.
(b) Contents Generally. The final plat of a subdivision shall contain all requirements stipulated in the preliminary plat as conditionally approved, and, if desired by the developer, may constitute only that portion of the preliminary plat which he or she proposes to record and develop at the time, provided, however, that such portion conforms to all the requirements of these Regulations.
(c) Specific Contents. Final plats, "As-Built" plans, and data prepared for final approval and recording shall include:
(1) The final plat drawn in ink on mylar on sheets twenty-four inches wide by thirty-six inches long at a scale of 100 feet to one inch. Where necessary, the plat may be on several sheets accompanied by an index sheet showing the entire subdivision at an appropriate scale. For large subdivisions the final plat may be submitted for approval progressively in contiguous sections satisfactory to the Planning Commission and the City Engineer. The final plat shall show the following:
A. Primary control points, approved by the City Engineer, or descriptions and "ties" to such control points, to which all dimensions, angles, bearings and similar data on the plat shall be referred;
B. Tract boundary lines, right-of-way lines of streets, easements and other rights of way, and property lines of residential lots and other sites, with accurate dimensions, bearings or deflection angles, and radii, arcs and central angles of all curves;
C. Names and right-of-way width of each street or other right of way;
D. The location of the termini of existing and proposed streets on adjoining property with such dimensions as are necessary to show their relation to streets being dedicated in the proposed subdivision;
E. Location, dimensions and purposes of any easements;
F. Number identification of each lot or site;
G. Purpose for which sites, other than residential lots, are dedicated or reserved;
H. Minimum building setback line on all lots and other sites in accordance with the Zoning Codes or otherwise allowed by the approved preliminary plat;
I. Location and description of all monuments used or established in determining the boundaries, as well as those set at boundary corners, and the locations of street monuments which shall later be set by the developer.
J. Names of record owners of adjoining unplatted land;
K. Reference to recorded subdivision plats of adjoining platted land by record name, date, volume and page numbers as recorded;
L. Certification by surveyor or engineer preparing the plat, verifying the data shown thereon, and definitely identifying the lands proposed to be dedicated for public use, with proper dedicatory clauses as provided by law;
M. Certification of title showing that the applicant is the land owner;
N. Statement by owner dedicating streets, rights of way and any sites for public use and acceptance by Council;
O. Title, scale, north arrow and date;
P. Final approval paragraph for execution by the Planning Commission, with dates and the signature of the Chairperson and Secretary, and a paragraph for acceptance by Council, with the ordinance or resolution number, the date and the signature of the Council President and Clerk. Unless all of the improvements herein required in these Regulations have been installed, the clause reciting the approval of Council shall state clearly that the plat for record is approved by Council for record purposes only and that such approval does not constitute the acceptance for public use of any streets or other lands which the plat indicates shall be dedicated to such use.
(2) "As-Built" documentation showing the actual dimensions of the improvements constructed including;
A. Video tapes of all storm and sanitary sewers and their connections.
B. Plans and profiles of all storm and sanitary sewers showing locations of manholes; elevations of pipe inverts at manholes; and size, type and slope of all pipes.
C. A contour map showing the final elevations of all streets, sidewalks, rights-of-way, building pads and swales.
(3) A certificate by the City Engineer certifying that the developer has complied with one of the following alternatives:
A. All improvements have been installed in accordance with the requirements of these Regulations and with the action of the Planning Commission giving conditional approval of the preliminary plat; or
B. That the balance remaining in the construction agreement account is sufficient to complete the improvements.
(4) Protective covenants and deed restrictions subject to developers desired amenities and control in a form for recording; and
(5) Homeowners Association documentation including but not limited to Declaration of Covenants and Articles of Incorporation. A perpetual Homeowners Association is mandatory in any Subdivision where there exists any common area, private street(s), stormwater facility, landscape entrance or any other features requiring routine maintenance such as removal of debris, grass cutting, etc. The Homeowners Association Documentation shall address but not be limited to the following provisions:
A. Liability insurance coverage on any and all common areas;
B. All common areas, swales, stormwater facilities and any other facilities shall be inspected and maintained by the Homeowners Association twice yearly on May 1 and November 1 and periodically throughout the year to ensure that the facilities are operational. A written report shall be submitted to the Service Director;
C. Mandatory membership by all homeowners in the subdivision;
D. Mechanism for assessments and collection of unpaid assessments through liens.
E. Special restriction regarding any easements on land within the subdivision pursuant to Codified Ordinance 1481.07(g);
F. Provision requiring hiring of Property Manager to act in place of President of Board/or Board of Trustees if no property owner(s) fill the position(s).
G. The articles of incorporation or other formal document(s) created and filed with the Secretary of State establishing said Homeowners Association, shall designate the Homeowners Association as a perpetual organization which shall not be dissolved voluntarily until such time as the current Residential Zoning in place at the time of the establishment of the Homeowners Association is changed to a different use.
(6) Other data, certificates, affidavits, endorsements or deductions as may be required by the Planning Commission in the enforcement of these Regulations.
(d) Filing of final plat. The filing of the final plat for recording with the County Recorder shall be done by the City Engineer. All costs charged for recording shall be paid for by the developer.
(Ord. 1970-232. Passed 9-15-71; Ord. 98-114. Passed 9-1-98; Ord. 02-160. Passed 4-1-03; Ord. 10-82. Passed 7-6-10.)