(a) General Procedure. Major Subdivisions, where applicable shall be approved in four (4) stages: Concept Plan Stage, Preliminary Plan Stage, Improvement Plan Stage and Final Plat Stage. A schedule of Subdivision submittal dates and meeting dates of the Planning Commission is available at the Department of Community and Economic Development for the County of Summit.
(b) Concept Plan Stage Procedure. The purpose of the Concept Plan Stage is to hold a review meeting to provide advice and assistance concerning the proposed Subdivision so the Developer may prepare a complete Preliminary Plan and Final Plat consistent with the requirements of the County Subdivision Regulations. A Concept Plan review meeting provides an opportunity to discuss the review process, the scope of appropriate submittal requirements and compliance with the County Subdivision Regulations. Potential problems may be identified before a formal Preliminary Plan is submitted. Also a Concept Plan review process provides a mechanism for effectively coordinating needed street connections. Prior to submitting a Concept Plan application to Staff, the Developer shall beet with the County Engineer for the Comprehensive Storm Water Management Plan and compliance with the Access Management Manual.
(1) Submission of Concept Plan. The Developer or Agent of the Developer shall make application to the Staff for a Concept Plan Discussion meeting by submitting a complete Concept Plan application and related materials. All information including all items required by Section 1104.03 shall be submitted to Staff as follows:
B. Five (5) copies of concept plan drawing folded to approximately 9”x 12”size.
C. Other information that the Staff may request to assist in understanding issues of the proposed subdivision.
The Concept Plan discussion meeting shall be scheduled within fourteen (14) working days from the date of submission of the applicant’s form and materials. The formal meeting may be waived by the Planning Commission, if, after review of the application, it is determined to be unnecessary due to the limited nature, or impact of the project. If additional information is requested, the fourteen-day period may be extended.
(2) Transmission of Concept Plan. The Staff shall transmit at least one (1) copy of the Concept Plan to the following officials and agencies for their review and recommendation:
A. County Engineer
B. County Board of Health
C. Department of Sanitary Sewer Services
D. Summit Soil and Water
E. Township Trustees, Zoning Commission Secretary, Zoning Inspector, Fire Department, Road Superintendent
F. AMATS
G. NEFCO
In addition to Staff, other participants in the Concept Plan Review meeting shall include Township representatives and may include staff from the other County Departments, such as the County Engineer, County Board of Health, Department of Sanitary Sewer Services and Summit Soil and Water Conservation District. Within ten (10) working days after the Concept Plan meeting, Staff shall provide comments on the concept plan to the Developer.
(c) Preliminary Plan Stage Procedure. For the Preliminary Plan Stage, the Developer must submit all of the information required to determine that the proposed Subdivision layout is satisfactory and will serve the public interest.
(1) Submission of Preliminary Plan. After the Concept Plan Review Meeting, and review and approval by the Township of all matters related to zoning, the Developer shall make application to the Staff for approval of a Preliminary Plan. All information required by Section 1104.04, shall be submitted to Staff on the Preliminary Plan as follows:
B. Five (5) copies of the Preliminary Plan, including a vicinity map, folded to approximately 9”x12” size.
C. Other information deemed relevant to the proposed Subdivision as identified at the Concept Plan Review meeting.
E. All plan pages shall be dated with the month, day, and year, and contain a signature line for the Township Zoning Inspector, and shall be marked Preliminary Plan.
F. All plans shall include the name, address and phone number of the preparer and the Developer.
(2) Additional Information to be Supplied by the Developer When Filing the Preliminary Plan. Prior to Staff accepting the Preliminary Plan for review, it is the responsibility of the Developer to submit the following data:
A. A copy of the proposed Plan which contains a statement indicating that the proposed development meets all current zoning requirements of the township in which it is located. The said plan shall have affixed to it the signature of the Township Zoning Inspector indicating that the zoning requirements have been met. This signature is required on each page of the Plan.
B. A letter from the County Board of Health indicating lot acceptability for individual septic systems and/or drilled wells, or a letter from the Department of Sanitary Sewer Services or local water and sewer provider indicating the availability of centralized sewage facilities and/or centralized water facilities.
C. A discussion of strategies to be implemented that will reduce on site erosion and environmental impacts, and address Stormwater Management and Water Quality for the proposed subdivision
D. A letter from the Township Fire Department indicating if a fire pond will be required for the subdivision, and if so, the standards and specifications for the fire pond.
E. A list of property owners and addresses, available from the Fiscal Office, contiguous to and directly across the street from the proposed subdivision in digital format.
F. Additional information identified as relevant to the proposed Subdivision by Staff.
(3) Transmission of Preliminary Plan.
A. The Staff shall transmit at least one (1) copy of the Preliminary Plan to the following officials and agencies for their review and recommendation.
i. County Council
ii. County Engineer
iii. Planning Commission of the political subdivision adjacent to the proposed development site
iv. County Board of Health
v. Department of Sanitary Sewer Services
vi. Township Trustees, Zoning Commission Secretary, Zoning Inspector, Road Superintendent, Fire Department Office
vii. Summit Soil and Water
viiii. OEPA
ix. Summit Metro Parks
x. Western Reserve Land Conservancy
xi. AMATS
xii. NEFCO
xiii. Staff may transmit additional copies of the Preliminary Plan documents to utility companies, school boards, and others as they deem necessary
xiv. Staff
xv. Each member of the Planning Commission.
B. A date shall be arranged for a viewing of the site in the field by Staff. Those who have been sent a Preliminary Plan and the Developer will be notified regarding the site viewing date. The Developer shall delineate the center line of proposed road(s) prior to the field review.
C. The officials and agencies should make their review and recommendations to Staff seven (7) working days prior to the scheduled Planning Commission meeting date.
(4) Official Filing of Preliminary Plan and Notice to Contiguous Property Owners.
A. Upon determination by the Staff that the Preliminary Plan has been properly submitted, the Preliminary Plan shall be accepted as being officially filed. Official filing shall take place a minimum of twenty (20) working days prior to the Planning Commission's regularly scheduled meeting for consideration of Major Subdivisions. The Staff shall not accept a Preliminary Plan as being officially filed if it is missing any of the required information. However, where it appears to the Staff that the Developer can reasonably produce the missing information within a short time, the Staff may grant the Developer up to five (5) additional working days to produce the additional information. The Planning Commission need not consider a Preliminary Plan unless it is officially filed.
B. Following official filing, and at least ten (10) days prior to consideration of the Preliminary Plan by the Planning Commission, written notice shall be mailed by Staff, by first class mail, to all owners of property contiguous to and directly across the street from such area proposed to be developed. The notice shall state the date, time and location of the Planning Commission meeting at which the preliminary plan for the proposed development will be considered.
(5) Planning Commission Action. The Planning Commission shall approve, approve conditionally, or disapprove the Preliminary Plan. The Planning Commission may take time and delay its decision on the Preliminary Plan until the next regularly scheduled meeting, and may take additional time only upon request or permission by the Developer. The action shall be conveyed in writing to the Developer and all reviewing agencies that Staff deems necessary. The action shall also be entered on the official records of the Planning Commission and a copy of the Preliminary Plan and action taken will be kept on file with Staff.
(6) Effect of Approval. An approved Preliminary Plan is to be used as a guide for the preparation of Improvement Plans and for the preparation of a Subdivision Plat for final approval and recording upon fulfillment of all conditions of preliminary approval and all requirements of these Subdivision Regulations. Approval of a Preliminary Plan shall be effective for a period of two (2) years following the date of approval unless an extension of time is granted in writing by the Planning Commission. In the event conditional approval of a Preliminary Plan is granted by the Planning Commission, such approval shall expire within six (6) months from the date of conditional approval, unless all conditions required as part of the conditional approval have been satisfied as determined by Staff and applicable agencies during said period. Preliminary Plans for which conditions have been satisfied are effective for a period of two (2) years following the date of conditional approval unless an extension of time is granted in writing by the Planning Commission.
(7) Extension of Preliminary Plan Approval. In cases where regulatory conditions and requirements have not been fully addressed or met by the expiration of the approval and where the Developer is legitimately pursuing approvals, the Planning Commission may grant up to two (2) one-year extensions. For each extension requested, the Township Zoning Inspector must sign and date the Preliminary Plan to indicate that it still meets the local Zoning Regulations, in order for the extension request to be reviewed by the Planning Commission. If after all the extensions have been exhausted, any phase(s) or portion(s) of the original approved Preliminary Plan has not received Final Plat approval, then a new Preliminary Plan shall be submitted for Planning Commission approval. When a subdivision is proposed to be developed in phases, the Preliminary Plan approval will automatically be extended for one (1) year from the Final Plat approval date of a phase.
(8) Expiration of Preliminary Plan Approval. Upon expiration of a Preliminary Plan approval, no approval of a Final Plat shall be given until the Preliminary Plan has been resubmitted and approved. Construction shall not begin until the Improvement Plans have been approved by the County Engineer and where applicable, Department of Sanitary Sewer Services, County Executive and the OEPA.
(9) Changes in Preliminary Plan. During the preparation of Improvement Plans, technical reasons may necessitate the modification of the approved Preliminary Plan. Whenever modifications would substantially change between the Final Plat and the approved Preliminary Plan, the change shall be submitted to Staff for consideration. Substantial changes include road or major easement reconfiguration, increase in the number of lots, or decrease in the area or change in the specified use of blocks. Within fifteen (15) working days after receipt of the notification of the change and with consultation with appropriate agencies, Staff will:
A. Give written approval for the modifications, or
B. Give written notice that the proposed modifications must be reviewed by the Planning Commission at its next scheduled public meeting.
(d) Improvement Plan Stage Procedure. The Improvement Plan Stage requires the Developer to present engineering Improvement Plans to the County Engineer and to the Department of Sanitary Sewer Services, where applicable. The Developer's Engineer shall prepare Improvement Plans 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. These plans shall be complete and precise in all details. When sanitary sewer or water mains are to be constructed, the Developer shall submit the Improvement Plans to the Department of Sanitary Sewer Services or the applicable government jurisdiction controlling those utilities in that Township. (See, Section 1110.02).
Three (3) copies shall be submitted to the Engineer and three (3) copies to the Department of Sanitary Sewer Services, where applicable. The Improvement Plans shall include three copies of the SWPPP for review and approval by Summit Soil and Water. The requirements for the SWPPP are listed in Section 1105.07(b). In a situation when the final design has been modified after approval of the SWPPP by Summit Soil and Water, the Developer is responsible for resubmitting a revised SWPPP to Summit Soil and Water for review and approval. Summit Soil and Water shall send a copy of the approved SWPPP along with the letter of approval to the County Engineer. A copy shall be marked and returned to the Developer's Engineer for corrections if necessary. If found to be satisfactory, the original mylar shall be submitted for approval signature by the County Engineer and Department of Sanitary Sewer Services, where applicable. Two (2) copies shall be submitted to the Township for information only. One (1) copy of the Improvement Plans shall be submitted to County Engineer in digital format. (See, 1104.04(c) for preferred digital formats). At the completion of the construction, and before acceptance, the Developer’s Engineer shall update the original Improvement Plan sheets as directed by the County Engineer and Department of Sanitary Sewer Services, where applicable, showing the locations, sizes, and elevations of all improvements as constructed (hereafter “As-Built drawings”). A legible paper original of the As-Built drawings shall be furnished to the Department of Sanitary Sewer Services, where applicable. The original plan sheets shall remain with the County Engineer. All final As-Built drawings approved by the County Engineer shall also be submitted in digital format. If the Developer finds in the process of preparing Improvement Plans, that changes in the approved Preliminary Plan are necessary, the Developer shall inform Staff. Staff may require that a revised Preliminary Plan be submitted for approval.
(e) Final Plat Stage Procedure. The Final Plat stage requires the Developer to present all data needed to determine that the Subdivision fully complies with these Subdivision Regulations and conforms to the approved Preliminary Plan.
(1) Submission of Final Plat. The Developer shall submit a completed application to the Planning Commission for approval of a Final Plat. The Final Plat submitted shall conform to the approved Preliminary Plan. Subdivisions may be submitted for final approval in phases provided that:
A. Preliminary Plan approval has been given for the entire Subdivision.
B. SWPPP approval has been given for the phase being submitted for final approval.
i. Ten (10) copies of Final Plat and Vicinity Map folded to approximately 9”x12”size. Additional copies may be required by Staff, if necessary.
iii. Where a park, playground, school site, or other public space shown on the Final Plat is to be dedicated to the public or to an Owner’s Association, the Developer shall submit a signed warranty deed for the parcel(s) along with the Final Plat. This deed shall be considered part of the Final Plat for approval and recording purposes.
iv. All plans shall be dated with month, day, and year and contain a signature of the Township Zoning Inspector on each plan page.
v. Performance Bond per Section 1110.04.
(f) Transmission of Final Plat. The Staff shall transmit at least one (1) copy of the Final Plat to the following officials and agencies for their review and recommendations.
(1) County Council
(2) County Engineer.
(3) Planning Commission of the political subdivision adjacent to the proposed development site.
(4) County Board of Health.
(5) Department of Sanitary Sewer Services.
(6) Township Trustees, Zoning Commission Secretary, Zoning Inspector, Fire Department and Road Superintendent.
(7) Summit Soil and Water.
(8) OEPA.
(9) Staff may transmit additional copies of the Final Plat documents to utility companies, school boards, Ohio Department of Transportation, and others as they deem necessary.
(10) Summit Metro Parks.
(11) Western Reserve Land Conservancy.
(12) AMATS
(13) NEFCO
(14) Each member of the Planning Commission.
The officials and agencies should make their review and recommendations to Staff seven (7) working days prior to the scheduled Planning Commission meeting date.
(g) Official Filing of Final Plat. The Staff shall present the Final Plat documents which meet the requirements of Section 1103.07 (e)(1) and Section 1104.06 to the Planning Commission at the next meeting after all required documents have been submitted. The Final Plat shall be submitted to the Staff at least fifteen (15) working days prior to consideration by the Planning Commission at their regularly scheduled meeting. Upon determination by the Planning Commission that the Final Plat has been properly submitted, the Planning Commission shall accept the Final Plat as being Officially Filed and shall certify the official filing date on the copies.
(h) Planning Commission Action. If the Final Plat application is complete, the Planning Commission shall review the Final Plat within thirty (30) days after submission of the Final Plat.
(1) Planning Commission Action. One of the following actions shall be taken by the Planning Commission:
A. Final Approval. Prior to the granting of approval of the Final Plat, the Developer shall have received official approval from all applicable authorities of the Preliminary Plan and Improvement Plans. Planning Commission’s approval is also contingent upon Summit Soil and Water’s approval of the SWPPP and the Developer’s compliance with the approved SWPPP for all phases of the project if the site is under construction. The Final Plat must conform to the approved Preliminary Plan, and all other applicable Regulations. Construction may begin only to the extent permitted pursuant to Chapter 1110 of these Subdivision Regulations.
The Planning Commission may give final approval before the required Improvements are installed, authorizing its Chairperson, or any other officer of the Planning Commission, to indicate such approval and date on the tracing mylar of the Final Plat (Refer to Chapter 1110 Requirements for Construction of Improvements for these requirements).
B. Disapproval. Should the Planning Commission determine to disapprove the Final Plat, written notice of such action shall be mailed to the Developer and his/her engineer and/or surveyor. The notice shall contain specific reference to regulations or other requirements with which the Final Plat does not comply. The action shall also be entered in the official records of the Planning Commission.
C. Approval without Planning Commission Action. In the event the Planning Commission shall fail to act upon the Final Plat within thirty (30) calendar days of the date of its Official Filing, or within a time extension mutually agreed upon between the Developer and the Planning Commission, the Final Plat shall be deemed to have been approved by the Planning Commission.
(2) Effect of Approval. Final Approval of a Final Plat by the Planning Commission shall not be an acceptance by the public of the offer to dedicate any street, highway, or other public ways, or open space upon the Final Plat until such acceptance is also endorsed by the County Council upon the tracing of the Final Plat. The Planning Commission final approval shall automatically expire if the Final Plat is not presented to the County Council for final approval within two (2) years of the Planning Commission's Preliminary Plan approval. Before the Final Plat may be considered for approval by County Council, the Developer shall furnish to the County Executive Bonds as required by Section 1110.04.
(i) County Council's Action. The County Council shall act within sixty (60) calendar days from the date of the Official Filing of the Final Plat with the County Council.
(Res. 2008-026. Adopted 3-17-08; Ord. 2015-555. Adopted 12-14-15; Ord. 2015-561. Adopted 1-25-16; Ord. 2023-339. Adopted 11-27-23.)