(a) Purpose. The purpose of the major subdivision process is to provide a method of review for any subdivision that exceeds the scope of a minor subdivision.
(b) Applicability. Any subdivision of land or replat of an existing subdivision that does not meet the applicability requirements of a minor subdivision in Section 1105.09(b) shall be subject to the requirements of this section.
(c) Major Subdivision Review Procedure.
(1) Step 1 - Pre-Application Meeting (Required). An applicant shall be required to have a pre-application meeting with the Village Administrator to informally discuss the application and any concept plans. The applicant shall also still have the option to request a pre-application meeting with the Planning Commission. Such meetings shall be subject to Section 1105.02(f).
(2) Step 2 - Application and Filling of the Preliminary Plat.
A. The applicant shall submit an application, including a preliminary plat, in accordance with Section 1105.02: Common Review Requirements and with the provisions of this section.
B. The preliminary plat shall be prepared, signed, and sealed by an engineer or land surveyor registered with the State of Ohio.
(3) Step 3 - Village Administrator Review and Transmission to the Planning Commission.
A. Upon determination that a preliminary plat application is complete, the Village Administrator shall forward the application to the Planning Commission and may distribute the application to other departments or agencies for review and comment.
B. Upon receipt of comments, the applicant shall have the option to make revisions to the application and plans based on the comments prior to being forwarded to the Planning Commission or may request that the application be forwarded to the Planning Commission without revisions.
C. The Village Administrator shall place the preliminary plat application on the agenda for the next meeting of the Planning Commission, provided notice is given, or may work with the Planning Commission to set a special meeting to hear the preliminary plat application.
(4) Step 4 - Review and Recommendation on the Preliminary Plat by the Planning Commission.
A. The Planning Commission shall review the preliminary plat application at a public meeting and make a recommendation to Village Council.
B. In making its recommendation, the Planning Commission shall approve, approve with conditions, or deny the preliminary plat. The Planning Commission may also continue the meeting if questions regarding the plat are not satisfactorily addressed by the applicant. In making its recommendation, the Planning Commission shall, at a minimum, consider the review criteria of this section.
C. The Planning Commission shall make a recommendation to Village Council within forty-five (45) days of the determination that the preliminary plat application is complete unless the Planning Commission and subdivider agree to an extension of this time frame. If the Planning Commission fails to act within forty-five (45) days or there is no agreement for an extension of time, the application for a preliminary plat will be considered denied.
(5) Step 5 - Review and Decision on the Preliminary Plat by Village Council.
A. Following receipt of the recommendation from the Planning Commission (Step 4), the application shall be placed on Village Council's agenda for the next regularly scheduled meeting, if in compliance with notification requirements, or Village Council shall set a time for a special public meeting
B. Village Council shall review the preliminary plat application during the public meeting. In reviewing the application, Village Council shall, at a minimum, consider the recommendation from the Planning Commission and the review criteria of this section.
C. Village Council shall make a decision to approve, approve with some modification, or deny the recommendation of the preliminary plat application.
D. If the Village Council denies the preliminary plat, the applicant shall not move forward in the review process until a preliminary plat is approved by the Village Council.
E. In the event the Village Council denies the preliminary plat or approves with conditions, the Village Administrator, on behalf of the Village Council, shall provide the subdivider with a statement setting forth the reasons for the denial or the conditions of approval.
F. If the applicant proposes to construct the subdivision in phases, the Village Council may approve a timeframe for filing of improvement plans and final plats for each phase.
G. Approval of the preliminary plat by the Village Council does not constitute approval of the subdivision but is merely an authorization to proceed with the preparation of the final plat and improvement plans.
(6) Step 6 - Submission of Improvement Plans and the Final Plat.
A. The applicant shall submit a final plat and related improvement plans and specifications in accordance with Section 1105.02: Common Review Requirements. Such application shall take place within one year following the Village Council's approval of the preliminary plat unless the Village Council approves an alternative schedule, in which case the applicant shall submit in accordance with the approved schedule. Failure to submit the final plat and improvement plans within this time frame shall void the preliminary plat approval, and the subdivider will be required to submit a new application in accordance with these regulations.
B. The applicant shall submit the improvement plans and specifications in accordance with Section 1105.02: Common Review Requirements and with the provisions of this section.
C. If a preliminary plat has been previously approved, the final plat shall have incorporated all changes in the preliminary plat approval.
D. In cases where the applicant proposes to develop the subdivision in phases, the final plat and improvement plans shall be submitted for each individual phase.
E. If the applicant proposes to provide a financial guarantee for the public improvements in lieu of installing all public improvements prior to the approval of the final plat, the applicant shall be required to provide all information required as part of Section 1123.05.
F. Upon determination by the Village Administrator that the final plat has been properly submitted, the final plat shall be accepted as being filed.
G. The final plat shall be prepared, signed, and sealed by a registered architect, engineer, land surveyor, landscape architect, or professional planner.
(7) Step 7 - Village Administrator Review of the Final Plat and Improvement Plans.
A. Upon determination that the submission of the final plat and improvement drawings is complete, the Village Administrator may transmit copies of the application for review by applicable agencies, including, but not limited to, the Village Engineer and any other agencies having authority over streets, water, sewer, gas, or other utilities and other public improvements.
B. Improvement Plan Approval.
i. The authorities having jurisdiction over the improvement plans shall be responsible for making decisions on the applicable elements of the improvement plans. Upon approval by all authorities having jurisdiction over the improvement plans, such plans shall be considered approved, and the construction of improvements may commence.
ii. The Village Engineer shall be responsible for reviewing and approving the drawings and specifications showing cross-sections, profiles, elevations, construction details, and specifications for all required improvements that are subject to Village review as shown on the drawings and specifications and shall determine if they are in conformity with any master plans for utilities and streets, and the grading and construction standards in effect in the Village. The approval of the drawings and specifications for the required improvements shall be indicated by a certification to that effect on the original drawings and specifications with the signature of the Village Engineer. Failure to receive approval and certification of the improvement plans will result in the final plat not being forwarded to the Planning Commission for review.
C. Upon receipt of comments on the final plat, the applicant shall have the option to make revisions to the application and final plat based on the comments prior to being forwarded to the Planning Commission or may request that the application be forwarded to the Planning Commission without revisions.
D. The Village Administrator shall place the preliminary plat application on the agenda for the next meeting of the Planning Commission, provided notice is given, or may work with the Planning Commission to set a special meeting to hear the preliminary plat application.
E. Construction of Improvements.
i. Applicants shall have the choice to construct all public improvements prior to the approval of the final plat, without a financial guarantee, but such public improvements must be completed and then inspected and approved by the Village Engineer before the Village can approve the final plat. The improvements shall be constructed within a reasonable time as determined by the Village Engineer.
ii. All required subdivision improvements shall be maintained in a satisfactory condition by the subdivider during any interim period between their construction and final approval and acceptance of the subdivision by the Village. Additionally, such improvements shall be subject to maintenance requirements following acceptance in accordance with Chapter 1123: Subdivision Design.
iii. If the applicant requests approval of a final plat prior to installation of the public improvements, the applicant shall be required to provide a financial guarantee in accordance with the regulations of this code at the time the final plat is submitted for review.
(8) Step 8 - Review and Decision on the Final Plat by the Planning Commission.
A. The Planning Commission shall review the final plat at its next regularly scheduled meeting or at a special meeting after the final plat is submitted and determined to be complete.
B. The Planning Commission shall approve, approve with conditions, or deny the final plat. The Planning Commission may also continue the meeting if questions regarding the plat are not satisfactorily answered by the applicant.
C. The Planning Commission shall make a decision within forty-five (45) days of the filing of the final plat and improvement plans (Step 6) unless the Planning Commission and subdivider agree to an extension of this time frame. If the Planning Commission fails to act within forty-five (45) days or there is no agreement for an extension of time, the application for a final plat will be considered denied.
D. The review of the final plat will include a review by the Law Director.
E. If the Planning Commission denies the final plat, the applicant shall not move forward in the review process until a final plat is approved by the Planning Commission.
F. In the event the Planning Commission denies the final plat or approves with conditions, the Planning Commission shall provide the subdivider with a statement setting forth the reasons for the denial or the conditions of approval.
G. Approval of the final plat by the Planning Commission shall not be an acceptance by the public of the offer of dedication of any street, other public ways, or open space on the final plat unless they are accepted by Village Council in the form of the adoption of an ordinance.
H. The final plat shall be held until acceptance of all improvements in Step 9. No final plat shall be recorded until all improvements and areas offered for parks, open space, or public rights-of-way have been accepted by Village Council.
(9) Step 9 - Acceptance of Improvements by Village Council. The Village, through action by the Village Council, shall review the final plat and consider acceptance of public improvements made by a subdivider only after meeting the following conditions:
A. The public improvements have been made in accordance with the requirements of this code and any other manuals or documents referenced in Chapter 1123: Subdivision Design;
B. Installation of the public improvements has been completed in accordance with the applicable design standards;
C. All final inspections required by these regulations and the Village have been carried out by the Village and said public improvements were found to be acceptable by the Village Engineer.
D. After all public improvements have been installed to the satisfaction of the Village, the subdivider shall submit an original copy of as-built improvement plans (showing how all public improvements were actually installed) to the Village Engineer in a format acceptable to the Village Engineer.
E. After all public improvements have been installed in accordance with the subdivision agreement and these regulations and the subdivider has complied with this section, the Village Council may, by ordinance, accept the public improvements for maintenance with any applicable financial guarantee. See also Section 1123.05.
(10) Step 10 - Disposition of Approved Plat and Recordation.
A. All required deeds, agreements, and other required legal instruments shall be submitted to the Village Administrator within sixty (60) days from the date of the Planning Commission's approval of the final plat, or such approval shall thereafter be rendered null and void.
B. Any plat recorded which has not been approved according to the regulations in this chapter shall be considered invalid.
C. The subdivider shall then be responsible for submitting the signed plat to the Lorain County Recorder for the recording of the lots as legal lots of record and providing a copy of said plat to the Village after recording.
D. The approval of a plat shall expire within 120 days after Village Council approval is effective unless the plat has been duly filed and recorded by the applicant as required by law and the original tracing of the plat has been filed with the Village Administrator.
E. Following recordation, the applicant shall be required to provide the village with written confirmation of the recording.
(d) Review Criteria. In order to approve a major subdivision, the Planning Commission and Village Council shall determine the following:
(1) That the major subdivision complies with all applicable provisions of this code;
(2) That the major subdivision does not conflict with other regulations, plans, or policies of the Village;
(3) That the proposed subdivision is designed to be harmonious with the existing immediate or surrounding area or in keeping with the intended character of such area;
(4) That the proposed streets are in accordance with approved plans and have been coordinated with existing streets and that adequate measures have been taken to provide ingress and egress so as to minimize traffic congestion in public streets;
(5) That the proposed subdivision will not adversely affect the delivery of governmental services;
(6) That applicable review agencies have no objections that cannot be resolved by the applicant; and
(7) That the final plat and improvement plans conform to the approved preliminary plat if submitted and approved.
(e) Amendments of Application.
(1) No changes, erasures, modifications, or revisions shall be made in any plat of a subdivision after final approval has been given by the Planning Commission or Village Council and an endorsement is made in writing on the plat unless the plat is first resubmitted and the changes approved by the Planning Commission and Village Council.
(2) If the applicant finds, in the process of preparing improvement plans, that the approved preliminary plat, if submitted, is not workable and changes in layout are required, the applicant shall inform the Village Engineer. The Village Engineer may require that a revised preliminary plat be submitted for re-approval following the review procedure in Section 1105.10(c) if the changes significantly alter the design of the subdivision, including changes to the number of lots, modification of street layouts, or other substantial changes. If the proposed changes are technical or minor and do not substantively alter the approved preliminary plat, the Village Engineer may approve the revisions. Failure to submit and receive approval of a revised preliminary plat shall void the approval of the preliminary plat, and any new submission shall be subject to a new application.
(3) During the final plat process, the Village Engineer is authorized to allow minor changes related to the public improvements or design where there is minimal impact on the overall design of the subdivision. This shall not give the Village Engineer the authority to vary the requirements of this code.
(4) If, during the course of construction, any changes or modifications are encountered that are not in conformance with the original approved improvement plans, the subdivider shall submit the modified improvement plans (which have now become as-built drawings) to the Village Engineer, who, if in agreement with such modifications, shall sign these drawings to indicate approval of the modifications. If the Village Engineer does not approve the modifications, the applicant shall be required to bring the improvements into compliance with the approved improvement plans, or the Village may utilize the financial guarantee to correct the issue.
(f) Subdivision Modifications.
(1) Purpose. The purpose of a subdivision modification is to provide limited relief from standards that apply to the subdivision of land, including standards for improvements. Subdivision modifications are intended for those cases where strict application of a particular requirement will create a practical difficulty or extraordinary hardship prohibiting the use of land in a manner otherwise allowed under these regulations. It is not intended that modifications be approved merely to remove inconveniences or financial burdens that the requirements of these regulations may impose on property owners or subdividers in general.
(2) Applicability.
A. If the proposed subdivision requires a deviation from the minimum lot and building development standards (e.g., lot area, lot width, etc.), the applicant will be required to apply for and receive all the necessary variance (See Section 1105.07.) approvals prior to the approval of a preliminary plat.
B. If the applicant seeks a modification of standards required by Chapter 1123: Subdivision Design, then the request for a modification shall be accomplished through the procedure outlined in this section.
(3) Subdivision Modification Review.
A. A request for a subdivision modification shall be reviewed as part of the preliminary plat review procedure.
B. In reviewing the application, the Planning Commission shall, at a minimum, consider the review criteria of this section.
C. The Planning Commission shall review the request and may approve, approve with conditions, or deny the request to modify any or all of the modifications.
D. In approving a modification, the Planning Commission may impose conditions on the approval as it determines are required to ensure compliance with the provisions and purpose of these regulations.
E. If the preliminary plat is denied or if the approval of the preliminary plat expires, so does the approval of the subdivision modification. Any future request for preliminary plat approval that includes the same modifications shall require a new review and decision on the request for modifications.
(4) Review Criteria. The review criteria for a subdivision modification shall be the same as those for a variance as established in Section 1105.07(d).
(g) Appeals. Any person or entity claiming to be injured or aggrieved by any final action of the Planning Commission or Village Council, as applicable, shall have the right to appeal the decision to the Lorain County Court of Common Pleas as provided in ORC Chapters 2505 and 2506. (Ord. 2879. Passed 10-23-23.)