(A) Application procedure; approval; major subdivisions.
(1) No person proposing to make or have made a subdivision within the territorial jurisdiction of these regulations shall enter into any contract for the sale of, or shall offer to sell, any subdivisions or any part thereof, or shall proceed with any construction work on such proposed subdivision, including grading, until he or she has obtained from the Planning Commission tentative approval of the preliminary plat of the proposed subdivision.
(2) Before preparing and submitting the preliminary plat to the Commission, it is suggested that the subdivider or his or her engineer consult with the 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) Written request for approval. The subdivider shall submit a written request to the Commission for preliminary plat approval. This request shall be submitted at least 15 days prior to the regular monthly meeting of the Commission at which consideration of the plat is desired and shall be accompanied by the following graphic material and written data:
(1) One key map to adequately locate the property to be subdivided and its relationship to surrounding areas; and
(2) Ten copies of the preliminary plat in accordance with the specifications and requirements of § 152.035.
(C) Review. Upon the receipt of the application for preliminary plat approval, the Commission staff shall check the graphic and written data for completeness and conformance to these regulations and the Major Street Plan and other applicable sections of the Comprehensive Plan. If complete, the plat shall be accepted for processing and the Commission shall distribute two copies of the plat to the Village Engineer, or in the case of plats outside the corporate limits of the village to the County Engineer, two copies to the Superintendent of Schools of the Twin Valley Local School District, two copies to the Village Administrator and one copy to each of the local utility companies.
(D) Conformance; consultations.
(1) The Engineer shall examine and check the plat for general engineering and conformance to required public improvements. In the case of plats outside the corporate limits of the village, the County Engineer shall check on matters within his or her jurisdiction and refer to the County Health Officer, when appropriate, for approval, in accordance with rules and regulations adopted by the County Commissioners, of improvements proposed to be installed. The Superintendent shall be consulted regarding the potential effects of the proposed subdivision upon the school system and whether or not there is need for new school sites within, or in the vicinity of, the proposed plat. The various utility companies shall indicate the availability or nonavailability of utilities and the suitability of any proposed utility easements. All agencies contacted shall, within seven days of receipt of the preliminary plat, be requested to return one print of such plat to the Commission with their approval, comments or recommended changes noted thereon.
(2) Referrals to, recommendations and requirements of village officials, such as the Engineer and Village Administrator, on subdivisions within the corporate limits of the village, shall be made to, and be the responsibility of, the County Engineer and county parks officials on subdivisions outside of the corporate limits of the village.
(E) Modifications. The Commission shall approve, modify or disapprove the preliminary plat at the next meeting. However, a further period of time may ensue if the applicant consents to such an extension of time. Approval of the preliminary plat by the Commission shall always be subject to the following conditions and modifications:
(1) A recommendation from the Engineer concerning the adequacy or inadequacy of the proposed street improvements, water and sewer systems or any other public improvements proposed by the subdivider shall be considered.
(2) The approval of the Commission shall be noted on two copies of the preliminary plat along with any modifications or conditions of approval. One copy shall be returned to the subdivider and the other retained by the Commission.
(3) Approval shall be effective for a maximum period of 12 months unless, upon application of the subdivider, the Commission grants an extension. If the final plat has not been officially submitted for processing within this limit the subdivider must resubmit the proposed subdivision and proceed through the preliminary plat stages in accordance with these regulations.
(4) Approval of the preliminary plat by the Commission is an expression of approval of the general street and lot layout and of the proposed improvements to be provided, and is subject to any conditions or modifications placed upon the plat by the Commission. Preliminary plat approval does not guarantee approval of the final plat nor does it constitute any public acceptance of streets, alleys or any other public ways or open spaces.
(F) Disapproval.
(1) The Commission shall disapprove the preliminary plat if it is not in accordance with the provisions of these regulations or if the proposed improvements are not approved by the appropriate public agencies.
(2) If the Commission disapproves the preliminary plat the Commission shall so advise the subdivider in writing and note the reasons for such disapproval in its meeting minutes.
(Prior Code, § 1212.01) (Ord. 371, passed 2-5-1973)