No person, firm or corporation proposing to lay out or have laid out, within the territorial jurisdiction of these Regulations, a subdivision which includes more than two lots, or which involves the opening, widening or extension of any street or road, shall proceed with any construction work on the proposed subdivision, including grading, before obtaining from the Commission the approval of the preliminary plan of the proposed subdivision.
(a) Preliminary Plan.
(1) General. The subdivider shall have prepared a preliminary plan, together with plans and specifications of improvements as required by Section 1244.03
.
(2) Filing. A tracing and four copies of the preliminary plan and supplementary material specified, including fees as established by Planning Commission regulations, shall be submitted to the Commission with written application for approval.
(3) Approval. The Commission, acting through the City Engineer, shall, within sixty days or within such further time as the applicant may agree to, review the preliminary plan and other material submitted for conformity thereof to these Regulations and advise the subdivider on changes deemed advisable. The Commission shall inform the subdivider as to which public offices must be contacted by him to determine the nature and extent of the improvements required.
A. Upon completion of the review, the action of the Commission shall be noted on the tracing and four copies of the preliminary plan, attached to any conditions determined necessary for approval. Four copies shall be retained by the Commission and the tracing returned to the subdivider.
B. Approval of the preliminary plan shall not constitute approval of the subdivision plat. Rather, it shall be deemed an expression of the approval of the layout as returned to the subdivider on the preliminary plan, as a guide to the preparation of the subdivision plat which will be submitted for approval of the Commission, and for recording upon fulfillment of the requirements of these Regulations.
C. If the Commission does not render a decision on the preliminary plat within the sixty days stipulated in paragraph (a)(3) hereof, or such further time as the applicant may agree to, nothing in these Regulations shall prohibit the subdivider from officially filing his subdivision plat with the Commission.
(b) Subdivision Plat (Final Plan).
(1) General. The subdivision plat shall conform to the preliminary plan, except where changes are agreed upon between the Commission and the subdivider, 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 the requirements of these Regulations.
(2) Submission of plans. After receiving notice of approval of the preliminary plan, if the subdivider desires to proceed, the subdivider shall proceed to file:
A. The original tracing, plus two copies of the subdivision plat as required under Section 1244.04.
B. A certificate from the City Engineer, County Engineer and Sanitary Engineer, if they are involved, that a performance agreement and bonds, or other guarantee or security acceptable to the City and the Board of County Commissioners, if they are involved, have been duly filed to secure the construction of such improvements.
C. A written application for approval upon compliance with the formal provisions of these Regulations.
D. Plans and profiles of streets and all other plans and construction drawings related to the improvements to be constructed in the subdivision as required in these Regulations.
These plans and drawings are to be transmitted to the proper City and County office by the subdivider as directed by the Commission or Engineer.
(3) Filing. The subdivision plat shall be filed with the Commission not later than twenty-four months after the date of approval of the preliminary plan; otherwise it will be considered void unless an extension is requested by the developer and granted by the Commission.
The subdivision plat shall be considered officially filed (submission of the plat for approval) after it has been submitted to the Commission, after reports have been received from the City Engineer, the County Board of Health or any other applicable agency involved, and after it is found to be in full compliance with the formal provisions of these Regulations. The official filing shall take place at least ten working days prior to the meeting at which it is to be considered by the Commission.
(4) Commission approved. The approval of the Commission or the refusal to approve shall take place within sixty days after the submission of the plat for approval; otherwise such plat is deemed approved, and the certificate of the Commission as to the date of the submission of the plat for approval and the failure to take action thereon within such time shall be sufficient in lieu of the written endorsement or evidence of approval required by this section. The ground of refusal of approval of any plat submitted, including citation of or reference to the rule or regulation violated by the plat, shall be stated upon the record of the Commission.
The subdivider shall be notified of the final action of the Commission, and the City shall record the subdivision plat in the office of the Recorder of Lorain County or Erie County within sixty days after the date of approval, unless an extension is agreed to by the Commission; otherwise the Commission may recall the plat for its reconsideration. The City shall have made, at the expense of the subdivider, a mylar reproducible tracing and four copies of the recorded plat.
(5) Building permits. No building permit shall be issued until the applicant has full complied with these Regulations.
(6) Dedication of land for public use. If the final plat indicates land for public use, the plat shall be submitted to Council for acceptance of any public land and acceptance for any easement, before it is recorded. The acceptance of any street or utility for public use and maintenance shall be by separate action of Council.
(Ord. 2005-28. Passed 7-18-05.)