(A) Purpose. The final plat is the legal document that, once filed with the office of the Medina County Recorder, creates new parcels and dedicated public streets, public lands and other right- of-ways and utility easement. The Planning Commission shall review the final plat to ensure that the final layout of streets, lots and other public lands conforms to the approved preliminary plat, Comprehensive Land Use and Thoroughfare Plan and the Zoning Code.
(B) Subdivision improvements required. Prior to submitting an application for final plat approval, the subdivider shall either complete all improvements required by the subdivision or post financial guarantees in lieu of construction of said improvements.
(1) Petition for completion of subdivision improvements. In the case of a plat involving lands entirely within the city's corporation limits, the subdivider may petition City Council for the construction of such improvements and the levying of special assessments to pay costs thereof and, upon completion of the above, and in the case of the filing of a petition, acceptance thereof by Council, the Director of Public Service or County Engineer shall so certify.
(2) Form of petition. The petition referenced in division (B)(1) of this section shall include the following elements:
(a) A specific description of the types of improvements to be constructed and the location and termini of such improvements and the public purpose to be served by such improvements;
(b) A signature by the subdivider and each owner of each property to be assessed for the improvement and, to the extent known, by the prospective owners of such property;
(c) A waiver of the procedural requirements of R.C. Chapter 727 and all resolutions, ordinances, hearings and notices for the making of such improvement and the levy of special assessments and to pay costs thereof;
(d) A written description of what portion, if any, of the cost of the improvement the city will assume;
(e) A narrative defining whether the improvements are to be installed all at once or, with the approval of the Engineer and the Planning Commission, whether the improvements will be installed in phases and the timing of such phases; and
(f) Contain such other provisions and safeguards as recommended by the Director of Law to be appropriate for the proper safeguarding of the city's interests.
(3) Acceptance of petition. If the petition is accepted by Council, the fact of such acceptance shall be noted on the final plat before the City Engineer shall sign and release the final plat for recording.
(C) Planning Commission submission requirements. In order to be placed on the Planning Commission's agenda, an application for final plat review must be submitted to the Planning Director's office by a submission deadline as noted on the Planning Commission meeting schedule, which is prepared annually by the Planning Department.
(1) Each application shall include the following items:
(a) Two copies of a final plat application (Appendix G).
(b) One original final plat on mylar.
(c) Ten copies of the final plat.
(d) Application fee (see § 153.095).
(e) One copy of the approved preliminary plat application (Appendix C) and variance application (Appendix M), if necessary, along with a written narrative explaining the differences between the approved preliminary plat and the proposed final plat.
(f) One copy of the improvements and fees certification, demonstrating that all public improvements have been constructed and inspected or financially guaranteed (Appendix J).
(g) Two copies of protective covenants, deed restrictions, homeowners' association documents, if proposed.
(h) One copy of the certification by the Director of Public Service or City Engineer, as per § 153.040(D).
(2) All application materials and fees noted in division (B)(1) of this section shall be received by the Planning Director before the final plat shall be placed on the Planning Commission's agenda. The final plat shall not be considered officially filed until it has been examined by the Planning Commission at one of its public meetings and found to fully comply with the formal provisions of this chapter.
(D) Planning Commission action.
(1) The Planning Commission shall act on a final plat within 60 days of official filing or within a mutually agreed upon extension; otherwise the plat shall be deemed to have been approved.
(2) If the final plat complies with all applicable provisions of this chapter, the Commission shall approve it. If the Planning Commission disapproves the plat, such action, together with the reasons for the disapproval along with a citation of or reference to the rule or regulation violated, shall be entered upon the final plat application and a copy of such record sent to the subdivider so that he or she may correct the final plat and submit the same for final plat approval at the next regular meeting of the Commission.
(3) Written notice of the Planning commission's action shall be mailed to the subdivider and approval of the final plat shall be indicated by a certification to that effect on the original (mylar) plat and be signed by the Chairman and Secretary of the Commission.
(E) Effect of Planning Commission approval.
(1) In the case of a subdivision involving the creation of new public streets and utilities; the widening, decreasing or vacating of existing public streets, alleys or easements; or the dedication, enlargement or decrease of other lands devoted to public use, the Planning Commission's final plat approval allows the subdivision to be placed on City Council's agenda with appropriate recommendations concerning the acceptance of dedicated streets and alleys, or the vacation thereof, and of the acceptance of other public lands. Final plat approval by the Planning Commission shall in no way constitute legal acceptance of any dedicated streets, alleys or open spaces shown upon the plat.
(2) In the case of a subdivision not involving the creation of public streets, utilities or lands, the Commission's final plat approval allows the plat to be signed by the City Engineer and released to the applicant for recording.
(F) Forwarding final plat for Council acceptance. Upon final plat approval, the Planning Commission shall notify the Director of Law, who shall prepare the necessary legislation for acceptance by City Council, of the dedication of streets, alleys, land for public use or other public open spaces.
(G) Recording of final plat. After City Council's acceptance of the final plat and associated public improvements and lands, the subdivider shall file the approved plat in the office of the Medina County Recorder, after which lots may be sold, leased or transferred. However, building permits shall not be issued for lots in those subdivisions where the public streets and improvements necessary to provide services to such lots have not yet been constructed. All plats accepted shall be filed for record within 90 days after acceptance by City Council. Failure of the subdivider to file an accepted plat for record within such 90-day period shall void approval of such subdivision plat.
(‘65 Code, § 1381.04) (Ord. 3-80, passed 3-18-80; Am. Ord. 08-026, passed 6-3-08)