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   1179.01 PRE-APPLICATION.
   A person with the intention of executing a subdivision should consult with the Department of Community Development, prior to submitting any applications. This consultation will confirm the type of subdivision that should be requested and inform the subdivider of necessary submittals and expected timeframes involved in the process.
(Ord. 02-176. Passed 10-28-02.)
   1179.02 SPECIAL PROCEDURES FOR MINOR SUBDIVISION.
   (a)   Whenever a subdivision of a parcel of land shown as a unit on the last preceding tax roll (duplicate) is proposed along an existing public street not involving the opening, widening or extension of any street or road and involving the creation of not more than five (5) lots after the original lot has been subdivided, the said subdivision shall be submitted to the Planning Commission for action without a plat. If the Planning Commission, acting through the Director of Community Development, is satisfied that such proposed subdivision is not contrary to applicable platting, subdivision or zoning regulations, it shall within seven (7) working days after submission approve such proposed subdivision. On presentation of a conveyance of said parcel, the same shall be stamped “Approved, City of Sandusky Planning Commission, No Plat Required” and signed by a member of the staff of the Department of Community Development.
   (b)   Submission Requirements.
(1)   Obtain minor subdivision/lot split affidavit form from the City of Sandusky Department of Community Development, 222 Meigs Street, Sandusky, Ohio 44870.
(2)   Have a survey prepared by a professional surveyor as outlined in the affidavit form. The survey shall depict the original platted lots and the proposed new lots. The proposed modifications and adjustments therein shall be superimposed thereon. The survey shall also include the following:
A.   Locations, widths, centerlines and names of all existing and/or platted streets, railroad and utility rights-of-way, easements, location and size of all existing buildings, corporation lines and location of any on-site septic systems or sanitary water and storm sewer service connections.
B.   Areas within 100-year floodplain and within floodway as determined by mapping provided by the Federal Emergency Management Agency shall also be shown on the survey plan.
C.   Location of monuments and their descriptions.
D.   Location of existing waterways and ordinary high watermark.
(3)   Sign and notarize affidavit (property owner).
(4)   Have the City of Sandusky Department of Community Development check lot for conformity with the City of Sandusky Zoning Ordinance and sign form, if approved.
(5)   The County Engineer must approve the legal description and sign form, if approved.
(6)   The City Engineer shall review the proposed lot split to ensure that sewer and water services can be provided to the subject site.
(7)   A drainage plan may be required by the Planning Commission or the City Engineer. If easements are included in the drainage plan, this plan must be recorded with Erie County.
A.   The City Engineer may require each parcel of land divided under this procedure to contain a permanent restriction shown on each of the lots for storm water drainage purposes. This area shall be used exclusively for a storm water drainage facility constructed at the time of the development of the lot and maintained by the benefiting property owners included in this drainage plan.
B.   All such facilities shall be constructed and maintained in accordance with general standards prepared by the City Engineer for storm water drainage. Such construction and maintenance shall be at the expense of the lot owners. This restriction shall be shown on the minor subdivision map and referenced in all subsequent deeds to the lot.
(8)   The property owner shall submit a processing fee in the amount required by the ordinances of the City for each deed and the check should accompany the above-required documents at the time of submission.
(9)   The property owner must bring the affidavit form, signed deed (completely executed) and two (2) copies of the survey to the Department of Community Development.
   (Ord. 02-176. Passed 10-28-02.)
   1179.03 PRE-APPLICATION CONFERENCE FOR A MAJOR SUBDIVISION.
   A person with the intention of executing a major subdivision is encouraged to request a pre-application conference with the Director of Community Development, and the City Engineer, prior to submitting any plat for a major subdivision. The purpose of the conference shall be to present plans and data concerning the proposed subdivision, to review applicable regulations and procedures, and to obtain other information, which may be useful in preparing the required plats.
(Ord. 02-176. Passed 10-28-02.)
   1179.04 PRELIMINARY PLAT PROCEDURES FOR A MAJOR SUBDIVISION.
   The following process shall apply to the submittal, review and approval of a preliminary plat for major subdivision.
(a)   Submittal. Every subdivider desiring to create a major subdivision as defined by the Subdivision Regulations shall prepare and submit to the Department of Community Development seventeen (17) copies of a preliminary plat, including all information required for a preliminary plat by the provisions of the Subdivision Regulations. At the time of filing of a preliminary plat for a major subdivision, the subdivider shall submit a fee in the amount required by the ordinances of the City.
(b)   City Staff Review. The Department of Community Development shall distribute the preliminary plat to the Department of Engineering Services, Fire Prevention Bureau, Police Department and other City officials when applicable for review for compliance with all applicable requirements. The Department of Community Development shall make available the results of such reviews to the Planning Commission and to the subdivider.
(c)   Planning Commission Review and Action. The Planning Commission shall review the preliminary plat and related materials and any reports submitted by City staff and shall take action within thirty (30) days after the preliminary plat is first submitted. The Planning Commission may approve the plat as submitted or modified, or conditionally approve the plat and stipulate the conditions of such approval, or disapprove the plat and express the reasons therefor. The action of the Planning Commission shall be noted on two (2) copies of the preliminary plat. One copy shall be returned to the subdivider and the other retained by the Department of Community Development.
(d)   Effect of Planning Commission Approval. Approval of a preliminary plat shall not constitute approval of the final plat, but shall be deemed an expression of approval of the layout as a guide to preparation of the final plat. Preliminary plat approval shall be effective for twenty-four (24) months. The Planning Commission may grant extensions of the preliminary plat approval.
      (Ord. 02-176. Passed 10-28-02.)
   1179.05 FINAL PLAT PROCEDURES FOR A MAJOR SUBDIVISION.
   Every subdivider desiring to create a major subdivision as defined by the Subdivision Regulations shall prepare and submit a final plat for a major subdivision in accordance with the Subdivision Regulations. The following process shall apply to the submittal, review, and approval of the final plat for a major subdivision.
(a)   Submittal. The subdivider shall prepare and submit to the Department of Community Development seventeen (17) copies of a final plat and one (1) electronic version, improvement plans, a cost estimate for improvements, a title search report, and all other information required by these Subdivision Regulations.
The subdivider may submit a final plat for one or more phases of a subdivision, which is the subject of an approved preliminary plat. The nature and extent of such final plat for one or more phases shall be subject to the approval of the Planning Commission which may deny such final plat submittal with cause.
At the time of filing of a final plat for major subdivision, the subdivider shall submit a fee in the amount required by ordinance of the City.
(b)   City Staff Review. The Department of Community Development shall distribute the final plat to the Department of Engineering Services, the Fire Prevention Bureau, and the Police Department and to other City officials as directed by the City Manager for review for compliance with all applicable requirements. The Department of Community Development shall make available the results of such reviews to the Planning Commission.
(c)   Planning Commission Review and Action. The Planning Commission shall review the final plat and related materials and any reports submitted by City staff and shall take action within thirty (30) days after proposed final plat is submitted.
The action of the Planning Commission shall be to approve the plat as submitted or modified; or to conditionally approve the plat, stipulating the conditions of such approval (which conditions shall include the submittal of the Construction Agreement and fees required for the construction of improvements); or disapprove the plat, expressing the reasons for disapproval.
The action of the Planning Commission shall be noted on three (3) copies of the final plat. One copy shall be returned to the subdivider, one copy shall be forwarded to the City Commission with the action of the Planning Commission, and one copy shall be retained by the Department of Community Development.
(d)   Requirements Prior to Recording. Prior to filing the final plat for recording, the subdivider shall submit to the Department of Community Development the Construction Agreement in accordance with Section 1185.02, Performance Guarantee in accordance with Section 1185.03, Restoration Bond in accordance with Section 1185.04 (if applicable), and other materials required to ensure compliance with the Subdivision Regulations and with the conditions of approval.
Prior to execution of the Construction Agreement, the Department of Engineering Services shall review and approve or reject for amendment the estimate of construction costs submitted by the subdivider. The City Engineer shall use the approved estimate as a basis for determining the projected costs of inspection of all improvements. The subdivider shall submit to the City the inspection fees in the manner provided in the Construction Agreement.
Prior to execution of the Construction Agreement, the subdivider shall submit to the Department of Community Development one set of Improvement Plans, prepared in accordance with Section 1183.02, which have been corrected to reflect any modifications required by the approvals made by the Planning Commission and the City Engineer and which shall be the plans which shall guide the construction of the improvements.
Upon review, approval, and execution of all such items, the City Engineer, the Secretary of the Planning Commission and the President of the City Commission shall place their signatures on the final plat, constituting final approval of the subdivision and authorization to the subdivider to file the plat for recording.
(e)   Recording. The subdivider shall submit the final plat to the Office of the Erie County Recorder and successfully complete all requirements for filing for record within six (6) months from the date of approval by the Planning Commission and subsequent to signing by all City officials. The subdivider shall provide to the Department of Community Development a copy of the final plat as recorded.
Approval of a final plat shall expire six (6) months after the approval is granted unless the plat is recorded in the Office of the Erie County Recorder prior to the date of expiration. The Planning Commission may grant extensions of final plat recording.
(f)   Alternative Procedures for Improvements Prior to Recording. The subdivider may request authorization to install improvements described on the final plat prior to recording the final plat. Such request shall be made in writing at the time of submitting the final plat for review. The Planning Commission may authorize the City staff to delay the filing of the plat for record until such time as the improvements have been installed. The subdivider shall comply with all other applicable requirements of the Subdivision Regulations with regard to improvement plans, agreements and guarantees, inspections, fees and related provisions, except that the Performance Bond may not be required, subject to approval by the City Engineer. (Ord. 02-176. Passed 10-28-02.)
   1179.06 CONSTRUCTION PROCEDURES.
   (a)   Submittal of Fees; Evidence of Insurance. Prior to receiving authorization to proceed with construction, the subdivider shall submit to the City Engineer the fees for inspection and testing and evidence of liability insurance as established by the Subdivision Regulations and by the Construction Agreement.
   (b)   Authorization to Proceed. Upon determining that the subdivider has met all conditions required prior to construction, the Director of Community Development and City Engineer shall issue written authorization to the subdivider to proceed with installation of improvements. Construction of improvements, clearing, grubbing or grading shall not be commenced prior to receipt of written approval from the Director of Community Development and the City Engineer.
   (c)   Installation of Improvements. The subdivider shall install all improvements required by the Subdivision Regulations and in accord with the terms of the approvals granted by the City and the terms of the Construction Agreement.
   (d)   Installation of Site Improvements by Assessment as an Alternate. In the event that the developer should desire to have the required site improvements installed by the City, and assessed against the benefited property, the developer may, after executing and filing the Performance Guarantee (unless waived by the City Commission), and with the approval of the City Commission, file a petition for the improvements in the City’s standard form. The City may then install the site improvements, and when each separate lot has been improved by the erection of a building thereon, and the value of the lot as improved by the building and site improvements is at least equal to 300% of the amount to be assessed against it by the City for the site improvements, the City shall release that proportion of the total guarantee that the assessment for the site improvements for the lot bears to the total assessments for all site improvements.
   (e)   Supervision of Installation. The installation of all required improvements shall be supervised by a professional engineer employed by the subdivider.
   (f)   Inspections During Construction. The City shall make inspections during the installation of improvements to ensure conformity with the approved Improvement Plans and the Construction Agreement. Inspections shall also be made of all new streets that are not proposed to be public to confirm that they are being built to City’s Engineering Design and Construction Standards. Such inspections shall be performed according to schedules and methodologies approved by the City, in conformance with the Engineering Design and Construction Standards, and as contained in the Construction Agreement.
   (g)   Modification of Improvement Plans. If at any time before or during the construction of the required improvements it is demonstrated to the satisfaction of the City Engineer that unforeseen conditions make it necessary or preferable to modify the location or design of such required improvements, the City Engineer may authorize such modifications upon written request of the subdivider, provided such modifications are within the spirit and intent of the Planning Commission’s approval and do not amount to the waiver or substantial alteration of the function of any improvement required by the Planning Commission. The City Engineer shall issue such authorization in writing and shall transmit a copy to the Planning Commission.
   (h)   Maintenance Prior to Acceptance. During all times prior to acceptance of the improvements by the City, the subdivider shall be responsible for routine maintenance of all improvements (including snow removal, sweeping, cleaning of storm sewers, and other maintenance activities) and shall repair all failures due to faulty construction as soon as they become apparent.
(Ord. 02-176. Passed 10-28-02.)
   1179.07 ACCEPTANCE OF IMPROVEMENTS.
   (a)   Final Payment for Inspections and Testing. Upon completion of the required inspections and testing, the City Engineer shall make a final and complete statement of the amount of the inspection and testing costs charged or to be charged to the subdivider and shall make a recommendation to the City Finance Director that the City require final payment or make refund to the subdivider consistent with the terms of the Construction Agreement.
   (b)   Certification of Improvements and As-built Plans. The professional engineer who supervised the installation of the improvements shall, after completion of installation, certify to the City Engineer that all improvements have been constructed as required by the Construction Agreement and as such requirements have been modified by the City during construction and shall provide to the City Engineer one set of plans in form acceptable to the City accurately describing all improvements as constructed.
   (c)   Waiver of Liens. The subdivider shall, prior to the acceptance of improvements by the City, provide waivers of liens executed by all material suppliers, laborers, contractors, and subcontractors who have provided materials or performed work related to the construction of improvements.
   (d)   Acceptance Before Recording. The subdivider shall advise the City Engineer in writing when all improvements have been completed and all requirements and conditions have been complied with. The City Engineer and the Director of Community Development shall evaluate the improvements to determine if all improvements have been completed and that all requirements and conditions have been complied with. After such evaluation, they shall make a recommendation to the City Commission to accept or deny the improvements for ownership, operation and maintenance. The City Commission shall accept the improvements by the adoption of a resolution or may deny the improvements with good reason. At the time of acceptance of the improvements, action shall be taken to release the Performance Guarantee, if any, and to establish the Maintenance Guarantee in accordance with Section 1185.07, if applicable.
   (e)   Conversion of Private Street to Public Street after Recording. Criteria for the acceptance of private streets as public streets after recording shall be as follows:
(1)   Right-of-way width.
(2)   Street width.
(3)   Curb and gutter.
(4)   Roadway typical section.
(5)   Pavement thickness and strength.
(6)   Sidewalk installation and placement.
   (f)   Procedure for Conversion of Private Street to Public Street after Recording.
(1)   An applicant seeking conversion of a private street to a public street shall first consult with the City Planning and Engineering staff.
(2)   The applicant shall submit core tests and certified “as built plans” from a professional engineer, as required by the City Engineer. The City Engineer shall review these submittals to determine if the street meets all City Engineering Design and Construction Standards.
(3)   The applicant shall then submit a written application upon a form acceptable to the City Planning and Engineering staff for staff’s review and recommendation to the Planning Commission.
(4)   Upon review and approval of the Planning Commission, the Commission shall certify one copy of the approved application and meeting minutes to City Commission for approval or disapproval.
(5)   In the event of a disapproval recommendation by the Planning Commission, the applicant may submit this matter for review by the City Commission. However, a two-thirds vote of the City Commission shall be necessary to override the recommendation of the Planning Commission.
(6)   The decision of the City Commission as to approval or disapproval of the request for private to public street conversion shall be final.
         (Ord. 02-176. Passed 10-28-02.)
   1179.08 APPEALS.
   Any person who believes he has been aggrieved by the actions of the Planning Commission in regard to any matter concerned with the subdividing or development of land or approval of a plat has the rights of appeal as set forth in Section 711.09 of the Ohio Revised Code or any other applicable section of the Ohio Revised Code.
(Ord. 02-176. Passed 10-28-02.)