1232.03 PRELIMINARY PLAT PROCEDURE.
   The following procedures shall be followed for a preliminary plat for a major subdivision.
   (a)   Application. After complying with the requirements of Section 1232.02, a subdivider desiring to create a major subdivision shall submit a preliminary plat application to the Director of Planning not less than 21 days before the regularly scheduled meeting at which it will be considered.
   (b)   Distribution; Staff Reports. The Director of Planning shall transmit copies of the application to the following City officials who shall prepare and submit reports to the Planning Commission prior to the regularly scheduled meeting.
      (1)   Director of Planning;
      (2)   City Engineer;
      (3)   Director of Building and Zoning.
   The City officials listed above shall confer with other officials and agencies (such as the City Solicitor, Chief of Police, Chief of Fire Department, Summit County Soil and Water Conservation District, Barberton Department of Health, Norton City Schools) as they deem necessary, or as directed by policy of the Commission, to provide information to the Commission relevant to review of the application.
   The Director of Planning shall transmit the original application to the Clerk of Council and one copy to the City Solicitor.
   (c)   Planning Commission Review and Action. The Planning Commission shall, within 60 days (or a greater period of time if agreed with the subdivider) after the first regularly scheduled meeting at which the application is considered, take one of the following actions:
      (1)   Make a recommendation to City Council to approve or conditionally approve the preliminary plat. If the Commission recommends approval, the recommendation shall be forwarded to the Clerk of Council within three days; or
      (2)   Disapprove the preliminary plat, whereupon written notice, including a statement of the reasons for disapproval, shall be delivered to the subdivider. Subsequent to disapproval, the subdivider shall be required to submit a new application for preliminary plat in order to proceed with subdivision; or
      (3)   With agreement by the applicant, table the application for a period not longer than 60 days at which time the Planning Commission shall take action as provided in division (c)(1) or (2) of this section or the application shall be deemed disapproved.
   If the preliminary plat application is disapproved by the Planning Commission, appeal shall only be made to a court of competent jurisdiction. Subsequent to disapproval of a preliminary plat application, the Planning Commission may accept and review a new application for subdivision of the same property provided the Commission determines that the new application substantially differs from the application which was previously denied.
   If, in review of the trip generation report (if required), the Planning Commission determines with advice of the City Engineer that a traffic impact study is required, then the Commission shall delay taking action to approve or disapprove the preliminary plat until the study is prepared and submitted, but not longer than 90 days. (See Section 1234.12 for traffic study requirements.)
   (d)   Council Review and Action. City Council shall, within 60 days after the first regularly scheduled meeting after receipt of the recommendation of the Planning Commission, take action to approve, approve with conditions, or disapprove the preliminary plat. If Council disapproves the preliminary plat, written notice, including a statement of the reasons for disapproval, shall be delivered to the subdivider. Subsequent to disapproval, the subdivider shall be required to submit a new application for preliminary plat in order to proceed with subdivision.
   (e)   Effect of Council Approval.
      (1)   After Council approves (or approves with conditions) the preliminary plat, the subdivider shall be authorized to submit a final plat and other required documents.
      (2)   If the final plat and improvement plans (for all or the first phase of the subdivision) are not submitted within one year after Council approval of the preliminary plat, the approval of the preliminary plat shall be void. A new application for preliminary plat shall be required to proceed with subdivision.
      (3)   Not more than two years shall pass between submittals of final plats for subsequent phases of the subdivision or approval of the preliminary plat shall be void.
(Ord. 2-2004. Passed 2-23-04.)