(1) Purpose
The purpose of these transitional rules is to resolve the status of subdivisions with pending applications or recent approvals on the effective date of these regulations.
(2) Processing of Applications Commenced or Approved Under Previous Regulations
(a) Pending Projects
(i) Any complete application for a subdivision that has been submitted or accepted for approval, but upon which no final action has been taken by the appropriate decision-making body prior to the effective date of these regulations, shall be reviewed in accordance with the provisions of the regulations in effect on the date the application was deemed complete by the city.
(ii) If a preliminary plat application is accepted prior to the effective date of these regulations but is not approved within 1 year of the effective date of these regulations, such preliminary plat application shall expire and subsequent review of any plats shall be subject to the requirements of these regulations. An extension of this time limit may be approved by the Planning Board if the applicant can show good cause.
(iii) If a complete application is not filed within the required application filing deadlines in effect prior to the adoption of these regulations, the application shall expire and subsequent applications shall be subject to the requirements of these regulations.
(iv) Any re-application for an expired project approval shall meet the standards in effect at the time of re-application.
(v) An applicant with a pending application may waive review available under prior regulations through a written letter to the city and request review under the provisions of these regulations.
(b) Approved Projects
(i) Approved subdivision applications, plats, and construction agreements that are valid on the effective date of these regulations shall remain valid until their expiration date, where applicable.
(ii) Any final plat that has been approved and recorded is considered approved without an expiration date.
(iii) Any preliminary plat that was approved prior to the effective date of these regulations shall be permitted to proceed to the final plat review, even if such plat does not conform to the provisions of these regulations, as long as the preliminary plat approval remains valid.
(iv) If an applicant has an approved preliminary plat on the effective date of this regulation, such preliminary plat shall remain valid for 2 years from the effective date of these regulations. After 2 years, the preliminary plat approval shall expire if a final plat application has not been submitted and deemed complete. After expiration, a subsequent review of any subdivision shall be subject to the requirements of these regulations. An extension of this time limit may be approved by the Planning Board if the applicant can show good cause.
(3) Vested Rights
The transitional rule provisions of this section are subject to Ohio's vested rights laws.
(Ord. 5-14, passed 3-17-2014)