(A) No person, firm or corporation proposing to make or have made a subdivision within the territorial limits of this chapter shall enter into any contract for the sale of, or shall offer to sell such subdivision or any part thereof, or shall proceed with any construction work on the proposed subdivision, including grading, until he, she or it has obtained from the Planning Commission the tentative approval of the preliminary plat of the proposed subdivision. Before so doing, it is suggested that the subdivider or his or her engineer consult with the authorized representative of the Planning Commission while the plat is in sketch form, to ascertain the location of proposed highways, primary or secondary thoroughfares, parkways, parks, playgrounds and other planned developments.
(B) In planning and developing a subdivision, the subdivider or his or her agent shall comply with the general principles of design and minimum requirements for the layout of subdivisions set forth in §§ 152.30 through 152.36 and with the rules and regulations concerning required improvements set forth in §§ 152.50 through 152.63, and in every case shall pursue the following procedure:
(1) The subdivider shall prepare a preliminary plat of the proposed subdivision which shall conform with the requirements set forth in § 152.16, and shall file with the Planning Commission an application in writing for the tentative approval of the plat accompanied by five black line or blue line prints, at least two weeks prior to a regularly scheduled meeting of the Planning Commission;
(2) The Planning Commission shall check the preliminary plat as to its conformity with the Plan of Major Streets, Schools and Parks, said other adopted parts of the Master Plan, and the principles, standards and requirements hereinafter set forth. Copies of the preliminary plat shall be referred by the Commission for recommendations or other action to the Director of Public Safety and Service for checking of matters within his or her jurisdiction and approval of the construction plans of improvements proposed to be installed;
(3) Upon receipt of the recommendations and advice of action concerning matters covered in division (B)(2) above, the Planning Commission shall tentatively approve or disapprove the preliminary plat, or approve it with modifications, noting thereon any changes that will be required. One copy shall be returned to the subdivider with the date of the tentative approval or disapproval endorsed thereon. Similar copies will also be transmitted to the Director of Public Safety and Service. The tentative approval of the preliminary plat by the Planning Commission is to be considered only as an approval of the layout with the understanding that the Director of Public Safety and Service, or other officials having jurisdiction, may modify any engineering or construction details proposed by the subdivider, whenever required for the protection of the public interest;
(4) Upon tentative approval, which is effective for two years unless extended by the Planning Commission, the subdivider may secure from the appropriate authorities the necessary permits and complete construction of the improvements; or in lieu of this may post with the Planning Commission a surety bond subject to the requirements of § 152.50(B). Any extension of the time for completion of construction of improvements shall be conditioned on the posting of an additional bond to cover the term of the extension;
(5) Upon completion of construction of all improvements required by this chapter, or upon the posting of the surety bond securing the construction, the subdivider shall file with the Planning Commission the final or record plat of the subdivision for final approval, as set forth in division (B)(6) below. The final or record plat of a portion of a larger subdivision, the preliminary plat of which has been tentatively approved by the Planning Commission, may be submitted for approval;
(6) The subdivider shall file with the Planning Commission five blue prints, and also one transparent copy, of durable material (tracing cloth or acceptable substitute), from which direct process prints can be made of the final or record plat, these to be accompanied by a certification of title showing the ownership of all lands to be dedicated to the public and that the title thereof is free and unencumbered;
(7) The Planning Commission will transmit a print and the transparent copy of the final or record plat to the Director of Public Safety and Service for the purpose of checking, if found satisfactory, the transparent copy will be returned by the Director to the Planning Commission, together with a two- fold certificate showing that the technical details of the plat itself have been checked and found satisfactory, and all required improvements have been satisfactorily completed;
(8) After a copy of the final plat together with the foregoing two-fold certificate has been received by the Planning Commission from the Director of Public Safety and Service, and provided that the final plat is found to conform with the preliminary plat as tentatively approved, the Planning Commission shall approve the final plat and will enter such approval thereon in writing by its Chairperson and Secretary. The approval of the final or record plat by the Planning Commission shall not be deemed to constitute or effect an acceptance by the public of the dedication of any street or other proposed public way or space shown on the plat. If final plat approval is requested upon the posting of the surety bond securing construction of improvements, and prior to completion of construction of improvements, then any such final plat shall have endorsed thereon, the following: “This approval shall not act as an acceptance of any public street dedication appearing hereon, nor shall this approval relieve any subdivider of any obligation to construct improvements on any real estate described hereon”; and
(9) The Planning Commission then will transmit four prints of the final plat, along with the transparent copy and certificate of title, to Council for action on any proposed dedication. Then Council shall return three approved copies and the approved transparent copy of the final plat to the Planning Commission for transmittal to the subdivider and the Director of Public Safety and Service.
(2003 Code, § 152.15) (Ord. 1868, passed 9-15-1966; Ord. 2910, passed 8-16-1990) Penalty, see § 10.99