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Upon receipt of a preliminary plat the Director shall ensure that all information required in Section 1168.04 is documented. If any of the required information prescribed in Section 1168.04 is absent, or if components of the plat are found to be in conflict with the Comprehensive Development Plan, the Director shall return the plat to the Owner/Developer with a completed “Attachment B”. Upon receipt of the returned plat and “Attachment B” the Owner/Developer shall cause to occur all necessary corrections outlined in the attachment and forward the revised plat to the Director. If the plat is determined by the Director to be in compliance with the standards of this ordinance and all additional components of the Comprehensive Development Plan, the review process may continue with the procedures written in Section 1168.06.
(Ord. 65-2015. Passed 11-2-15.)
(a) Upon receipt of a preliminary plat that is within compliance of this Ordinance and all other components of the Comprehensive Development Plan, the Director shall forward a copy of the plat to the Village Engineer. Upon receipt of the plat, the Village Engineer shall review the plat and within fourteen (14) days of receipt, return an “Attachment C” to the Director outlining all necessary studies, reports, plans, and specifications necessary for review in relation to the proposed subdivision’s planned public improvements. Upon receipt of the “Attachment C”, the Director shall forward it to the Owner/Developer who shall provide the Director with copies of all plans and specifications listed in the attachment for review by the Village Engineer. All plans and specifications involved with the public improvements of a proposed subdivision must be stamped with the official seal of a State of Ohio Registered Engineer.
(b) Within thirty (30) days of receipt of all plans and specifications listed in the applicable “Attachment C”, having been forward the documents by the Director, the Village Engineer shall review the plans against this Ordinance, any other Village ordinances, Subdivision Design Standards, and other regulations that are relevant to the construction of public improvements within the corporation limits of the Village. If in the opinion of the Village Engineer the plans are determined to be incomplete or contain construction details not compatible with the provisions of this Ordinance, the Village Engineer shall provide written comments to the Director who shall contact the Owner/Developer and/or his consulting engineer and identify the discrepancies. Thereafter, the Owner/Developer’s consulting engineer shall forward copies of the revised plans, drawings and specifications to the Director for review by the Village Engineer. Within fifteen (15) days of receipt of all revised plans and specifications, the Village Engineer shall either recommend approval the plans and proceed to Section 1168.07, or issue an additional “Attachment C”.
(Ord. 65-2015. Passed 11-2-15.)
Upon completion of satisfactory review of all plans and specifications pertaining to the public improvements of a proposed preliminary plat, the Village Engineer shall notify the Director that the Preliminary Plat is ready for submission to the Planning Commission. Upon receipt of this notification, the Director shall contact the Chairman of the Planning Commission who shall schedule review of the preliminary plat on the agenda of the next regularly scheduled meeting. The Community/Economic Development Director must be present at the meeting in order to provide testimony to the proposed subdivision’s adherence to all applicable Village regulations. Upon completion of review by the Planning Commission, the Chairman of the Planning Commission shall direct a copy of the Planning Commission’s Meeting Minutes and a copy of the Preliminary Plat to the Clerk of Council. The Commission’s Meeting Minutes shall indicate the official recommendation of the Commission to Council in regards to the Proposed Subdivision.
(Ord. 65-2015. Passed 11-2-15.)
Upon receipt from the Planning Commission a preliminary plat and meeting minutes documenting the Planning Commission’s recommendation of the plat, the Clerk of Council shall contact the Owner/Developer and the President of Council in order to schedule a public hearing for the proposed subdivision. A legal notice (Attachment D), shall be prepared by the Council Clerk and forwarded to the County legal newspaper. The legal notice shall appear at least two (2) times prior to the scheduled date of the presentation. Written notification shall be forwarded by the Council Clerk explaining the purpose, time and place of the public hearing to the following Village Officials:
(a) Members of Village Council;
(b) The Owner/Developer;
(c) The Designated Agent for the Owner/Developer;
(d) The Mayor;
(e) The Auditor;
(f) The Community/Economic Development Director;
(g) Members of the Planning Commission;
As requested by the Mayor and/or Planning Commission, the Village Engineer and Law Director may attend.
(Ord. 65-2015. Passed 11-2-15.)
The purpose of the public hearing is to create an opportunity for the Owner/Developer to provide a clear understanding of the proposed subdivision to the public and the legislative body that represents them. It is the responsibility of the President of Council to ensure an orderly format for the hearing is planned. The format should include ample opportunity for both presentation by the Owner/Developer and questions from the public. It is the responsibility of the Owner/Developer to ensure that any and all information necessary to create a clear understanding of the proposed development to the citizens of Waverly is made readily available.
At a minimum the Owner/Developer should be able to produce the following information at the public hearing:
(a) A clear visualization of the preliminary plat;
(b) A detailed explanation of the location and type of all proposed public improvements;
(c) A schedule of the construction and development process;
(Ord. 65-2015. Passed 11-2-15.)
Upon the completion of a public hearing, the President of Council shall direct the Law Director to prepare an ordinance, (Attachment E), of approval for the proposed subdivision’s preliminary plat. The Law Director shall cause the ordinance to be forwarded to the Clerk of Council who shall schedule the reading of the ordinance for the next regular scheduled meeting of Council. The ordinance shall be reviewed by Council in three readings at three consecutive regular sessions of Council. Upon completion of the third and final reading, if no findings are found against the plat warranting disapproval, the plat shall be approved. Upon approval, the Clerk of Council shall forward a copy of the ordinance to the Owner/Developer within thirty (30) days of its passage. Council shall reserve the right to disapprove the ordinance; however disapproval shall only be warranted if one of the following conditions exists:
(a) A clear and present danger shall be created that shall compromise the public, peace, health and safety of the citizens of Waverly if the proposed subdivision is allowed to proceed;
(b) The subdivision plat is in violation of this Ordinance or any other ordinance or component associated with the adopted Comprehensive Development Plan;
(Ord. 65-2015. Passed 11-2-15.)
Approval of the Preliminary Plat is effective for a period of twelve (12) months. If a Final Plat is not applied for within the 12-month period, the Preliminary Plat shall be considered null and void. In multi-phase developments where additional sequences are planned, a Final Plat must be received within 12 months of completion of the previous section. Completion shall be deemed as the point in time when all required improvements have been constructed or installed subject to approval by the Village. The Planning Commission may grant extensions in one year increments for subsequent phases. If the period of preliminary plat approval has elapsed, the Owner/Developer shall resubmit the Preliminary Plat for approval.
(Ord. 65-2015. Passed 11-2-15.)