(a) Application. A written application for approval and fourteen black-on-white prints of a preliminary plan for each proposed major subdivision, complying with the requirements set forth in Section 1131.03
, shall be submitted to the office of the Director of Planning at least ten days prior to the next regularly scheduled meeting of the Planning Commission. The purposes of the preliminary plan are to explore the best design for the subdivision and the best relationship to adjoining subdivisions or undeveloped land, to outline a program of improvements and to obtain the advice, suggestions and requirements of the Planning Commission and other departments of the City before the plan is made final, as in a detailed drawing. The submittal of alternative plans is recommended. The developer shall furnish the Commission with an area map listing thereon the names and addresses of all property owners within 500 feet and with address stickers for such names, such list to be prepared by a reputable title company doing business within Cuyahoga County certifying that the same is correct in accordance with the latest County records. The applicant shall also furnish a preliminary title report issued by a reputable title company doing business within Cuyahoga County which title report shall include, in addition to the usual contents of the preliminary title report, a list of all special assessments outstanding on such parcel or parcels of land contained in the proposed subdivision together with all real estate taxes due on such parcel or parcels.
(b) Review by Other Public Agencies. If the proposed subdivision is located in an area not served by the public water or sanitary sewer system, the Planning Commission shall transmit one copy of the maps and data accompanying the application to the County Board of Health if septic tanks are proposed, or to the State Sanitary Engineer if a community disposal plant is proposed, for determination of whether methods for disposal of sewage are adequate and will not create a nuisance or pollute the water supply.
(c) Action by Commission. Prior to any action, the Planning Commission shall notify by regular mail the owners of adjoining property within 500 feet of all boundaries of the proposed subdivision (as shown upon the current County Map Records on file at the City Hall) at least ten days before the meeting at which the proposed subdivision will be considered. For all subdivisions which are of such scope or at locations which affect the design of an integrated neighborhood street pattern or extensions to adjoining unsubdivided land, which include public sites or involve topographic or other unusual conditions, the Commission shall obtain an analysis and recommendation from the Regional Planning Commission or from a city planner, civil engineer, surveyor or landscape architect. The Planning Commission shall review the aforesaid analysis and recommendations and determine if the preliminary plan embraces all the applicable planning principles and other provisions of these Land Planning and Subdivision Regulations as well as other codes of the City.
If the Commission finds the proposal is the best plan possible under the circumstances and acts favorably, the Chairman and Secretary shall affix their signatures to six copies of the plan with a notation that it has received approval. If approval is contingent upon any special conditions, these shall be noted on the plans. The Commission shall return one copy to the developer, submit one copy each to the Mayor, Council, the Director of Engineering and the Board of Education. The other copy shall be retained by the Commission.
If the Commission acts unfavorably, it shall state in the record of the Commission the conditions to be complied with before approval may be given, and/or it may redesign and recommend an alternate plan to the developer.
The Commission shall act within sixty days from the date of the meeting at which the application and all required maps, plans and data were received, or within a further extension of time, mutually agreed upon with the developer, otherwise the preliminary plan shall be deemed to have been approved by the Commission.
(d) Approval by Council. After approval by the Planning Commission, the preliminary plan shall be submitted to Council for approval.
(e) Effect of Approval. The approval of the preliminary plan by the Commission and Council shall assure the developer for a one-year period from the date of approval that:
(1) The general layout of streets, lots and other features is approved and the preliminary plan shall be the basis for the preparation of the final plat;
(2) The general terms and any special conditions under which the approval of the plan was granted shall not be changed; and
(3) The developer may submit drawings and specifications for improvements and a final plat for the whole or part of the subdivision.
(Ord. 1988-62. Passed 5-19-88.)