(a) General Procedure. Major subdivision shall be approved in four (4) stages; preliminary discussion stage, preliminary plan stage, improvement plan stage, and the final plat stage.
(1) The preliminary discussion stage requires the subdivider to discuss the proposed subdivision with the Planning Commission, Mayor, Village Engineer, County Sanitary Engineer, and the County Health Board so that he can become familiar with subdivision requirements, existing conditions and future plans.
(2) The preliminary plan and supplementary data stage requires the subdivider to present to the Planning Commission all information needed 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 monies without some assurance that his plat will be finally approved.
(3) The improvement plan stage requires the subdivider to present all data needed to determine that the subdivision fully complies with these Regulations and conforms to the approved improvement plan. After approval of all streets, highways, or other public ways or open space by the Planning Commission, the plat shall then, following approval of the Tax Map Department and Auditor, be transferred and recorded by the County Recorder, at the developer's expense, and kept in a permanent file by the Village Engineer.
(b) Preliminary Discussion. The subdivider shall consult with the offices of the Planning Commission, the Village Engineer, the County Sanitary Engineer where applicable and the County Health Board and avail himself of the advice and assistance of these offices. He shall submit a preliminary discussion map including all items required by Section 1113.02 and shall obtain a preliminary plan checklist (see Appendix C), the Major Subdivision Approval Procedures form (see Appendix D), and the Preliminary Plan Application (see Appendix E).
(c) Preliminary Plan Procedure.
(1) Submission of preliminary plan and supplementary information. The subdivider shall make application to the Planning Commission for approval of a preliminary plan. All information required by Section 1113.03 shall be submitted to the Commission on the preliminary plan at least (15) fifteen working days before the meeting of the Planning Commission's Zoning and Subdivision Review Committee, at which time the application will be reviewed. The following information is required.
A. Four (4) copies of the application including the preliminary plan checklist.
B. Fifteen (15) copies of the preliminary plan including vicinity maps.
C. Four (4) copies of preliminary improvement plan.
D. Certification of Village zoning compliance on the preliminary plan.
E. Any other data that the Commission deems necessary.
F. Preliminary plan fees.
(2) Transmission of preliminary plan. The Planning Commission shall transmit a copy of the preliminary plan to the following officials and agencies for their review and recommendations.
A. Village Council.
B. Village Engineer.
C. County Sanitary Engineer, (where applicable).
D. County Board of Health.
The Commission may transmit additional copies of the preliminary plan documents to school boards and other agencies as they deem necessary. The officials and agencies shall make their review and recommendations to the Commission within ten (10) days from the date of transmission.
An agreeable date, to parties concerned, shall be arranged for a viewing of the site in the field, if required by the Planning Commission.
(3) Official filing of preliminary plan. Upon determination by the Staff of the Commission that the preliminary plan has been properly submitted, the preliminary plan shall be accepted as being officially filed.
(4) Public hearing. The Commission, on its own initiative or upon petition by neighboring property owner may, prior to acting on a preliminary plan of a subdivision, hold a public hearing thereon at such time and upon such notice as the Commission may designate.
(5) Planning Commission action.
A. The Commission shall act within forty five (45) days from the date of official filing or within a mutually agreed upon time extension; otherwise the preliminary plan shall be deemed to have been approved.
B The action shall be noted on the preliminary plan and a copy 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 and a copy with action noted sent to the Village Engineer.
C. Approval of the preliminary plan shall be conditional upon compliance with these Regulations (including the Comprehensive Development Plan) and all applicable statutes, resolutions, regulations, and standards that effect the proposed subdivision.
D. If a preliminary plan is disapproved, the reasons for such disapproval, including citation of or reference to the rule or regulation violated shall be stated upon the record of the Commission and a copy of the record shall be forwarded to the subdivider. A copy of the preliminary plan shall be retained by the Commission for its files.
E. In the event of disapproval, one half of the fee filed for this stage of the Regulations shall be returned to the subdivider by the Village.
(6) Effect of approval. Approval of a preliminary plan by the 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 (1) year following the date of approval by the 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 is re-approved.
(7) Changes in the preliminary plan. If, after having received Preliminary Plan approval, the developer desires substantial changes in the plan (to be determined by the Planning Commission), he shall resubmit a revised Preliminary Plan to the Commission for reapproval.
(8) Public notice. The Action of the Commission shall be posted for public inspection at the Village Hall for a period of no less than thirty (30) days after such action is taken.
(d) Improvement Plan Procedure.
(1) Submission of improvement plans.
A. The Subdivider's engineer shall prepare improvement plans required by these Regulations which shall conform to the approved preliminary plan and include all phases of the work to be performed to make the land suitable for development into the use proposed.
B. These plans shall be complete and precise in all details. Ten (10) copies shall be submitted to the Village Engineer, and receive the appropriate approvals before any improvements are constructed. If sanitary sewers are involved, the plans must be approved hy the County Sanitary Engineer before submission to the Planning Commission. One copy will be kept in a permanent file in the office of the Village Engineer.
C. The improvement plans will have incorporated all changes or modifications required by the Planning Commission, otherwise it shall conform to the preliminary plans and supplementary information, and it may constitute only that portion of the approved preliminary plan which the subdivider proposes to record and develop at the time, provided that such portion conforms with all requirements of these Regulations. It shall contain all information such as contours, wooded areas, etc., used only for preliminary study.
D. The Commission's authorized agent shall forward copies of the improvement plan to such officials and agencies as may be necessary for the purpose of approval subject to their aforemade recommendations to the preliminary plan. After receipt of approval from such officials and agencies, the Commission shall take action on the improvement plan within thirty (30) days.
E. The subdivider shall be notified of the approval of the improvement plans by the Commission. The subdivider shall then present the improvement plans to Council for approval.
F. Upon presentation to Council for approval, Council shall advertise for a public hearing as required by law. Said public hearing shall take place no sooner than 30 days after date of advertisement.
(2) Effect of approval. Approval of improvement plans shall be effective for a period of eighteen (18) months following the date of approval by the Perry Village Council. If all the improvements have not been completed within the eighteen (18) months following the date of said approval, the Village Engineer and the County Sanitary Engineer, where applicable, shall review the plans and require such changes as deemed necessary to cause the plans to conform to the Standards currently in effect.
(e) Final Plat Procedure.
(1) Submission of the final plat. The subdivider shall make application to the Commission for approval of a final plat. (See Appendix F.) The final plat submitted shall conform to the approved improvement plan. Subdivision may be submitted for final approval in consecutive sections provided that preliminary plan and improvement plan approvals have been given and that said sections reflect a logically sound and orderly sequence for development.
All items as required by Section 1113.05 shall be submitted to the Commission as follows:
A. Four (4) copies of the Final Plat Application.
B. Original tracing and eight (8) copies of final plat and vicinity maps.
C. Final plat fees.
(2) Official filing of final plat. The Staff shall present to the Commission the final plat documents which meet the requirements of Section 1113.05 at the next meeting after all required documents have been submitted. Upon determination by the 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.
(3) Planning Commission action. The Commission shall act within thirty (30) 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 Commission:
A. Final Approval
1. Prior to the granting of approval of the final plat, the subdivider shall have the minimum required improvement installed, inspected, and approved by the Village Engineer and/or County Sanitary Engineer, where applicable. However, the Commission may give final approval before all required improvements are installed, authorizing its Secretary to sign the plat at such time as a construction agreement and a cash bond, or its equivalent, acceptable to the Village Solicitor, Village Engineer, and County Sanitary Engineer where applicable, are provided for the purpose of assuring installation of such improvements.
2. The amount of such cash bond shall be sufficient to cover the cost of all improvements, inspection, etc., based upon established policies, standards and an estimate of the Village Engineer and/or the County Sanitary Engineer, where applicable. For the purpose of satisfying the cash bond requirements 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 cash bond requirements have been committed to the installation of such in accordance with Section 1151.298, Revised Code of Ohio, and that such funds will not be disbursed by said bank or financial institution without the prior approval of the Village Engineer, Village Solicitor, and/or the County Sanitary Engineer, where applicable.
3. Upon receipt of the Village Engineer's and/or the County Sanitary Engineer's certification and determination that all the requirements of these Regulation have been met, the Commission may give final approval and shall indicate such approval and date on the final plat.
B. Disapproval. Should the Commission determine to disapprove the final plat, written notice of such action, including reference to the rule 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. If disapproved, the subdivider may make the necessary corrections and resubmit the plat within thirty (30) days to the Commission for its consideration.
C. Public Notice. The Action of the Commission shall be posted for public inspection at the Village Hall for a period of no less than thirty (30) days after such action is taken.
(4) Effect of approval.
A. Approval of a final plat shall be effective for a period of three (3) years. If a subdivision is not completed within three (3) years from the date of said approval, the final plat shall be resubmitted and the Planning Commission, with the advice of the Village Engineer and the County Sanitary Engineer where applicable, shall review the plans and require such changes as deemed to cause the plans to conform to the standards currently in effect.
B. Final approval of a plat by the Commission shall not be an acceptance by the public of the offer of dedications of any street, highway, or other public ways or open space upon the plat unless such acceptance is also endorsed by the Village Council upon the tracing of the final plat.
(5) Recording of final plat. After the Commission's approval, and the acceptance of public ways and/or open space by the Council, the plat shall be presented to the Tax Department for its review. The Department's representative shall 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 and costs of reproductions of said plat shall be paid by the subdivider. Upon recording of the final plat, the tracing of said plat shall be permanently retained by the office of the Village Engineer.
(Ord. 7A-1977. Passed 6-14-77.)