(A) Purpose. The purpose of the minor subdivision review process is to ensure compliance with these Regulations while allowing for the small-scale subdivision of land without the formalities of platting approval procedure in circumstances where pre-existing development has substantially resolved issues concerning the adequacy and integration of street access, fire protection fixtures, and sewer and water systems.
(B) Conditions for minor subdivision approval.
Approval without a plat of a minor subdivision (lot split) may be granted by the Village Engineer if the proposed division of the tract meets all the following conditions:
(1) The subdivision would result in no more than five lots, with each subdivided lot being up to, and including, five acres in size, after the original tract has been completely subdivided.
Note |
Per R.C. § 711.133, lot splits greater than five acres up to, and including, 20 acres, located along an existing public street and not requiring the opening, widening, or extension of any street or road shall not qualify as a subdivision under R.C. § 711.001(B)(1)(a). These splits shall be referred to as "exempted lot splits" for the purpose of this section and shall not count as a subdivision from an original tract. Exempted lot splits shall still require engineer approval set forth in this section. |
(2) Each of the newly created lots are located along an existing public improved and dedicated street right-of-way, and would not involve the opening, widening, or extension of any public or private street or road, nor the integration of any access easement created within the parcel or other means of access.
(3) The subdivision adheres to the standards set by these Regulations and the applicable zoning regulations, including dimensional requirements, described in the Village of Archbold Zoning Code.
(4) The property has been surveyed, and a survey drawing, legal description, minor subdivision application, and any other necessary documentation have been submitted to the Village Engineer.
(5) The newly created lot(s) would not create undue hardship on neighboring properties (e.g., complications that impact existing utility, access, and drainage easements).
(6) Said minor subdivision is in harmony with the Village Thoroughfare Plan.
(C) Minor subdivision procedure. Applicants are strongly encouraged to meet with the Village Engineer prior to submitting a minor subdivision application and its associated materials. This meeting may ensure that the applicant is made aware of the purpose of these Regulations and additional standards such as those required by other regulations, such as the Village Zoning Code, Thoroughfare Plan, and floodplain regulations. At this meeting, the Village Engineer and other village entities may informally assess the proposed subdivision's adherence to existing regulations and the Comprehensive Plan. The following must be provided when applying for a minor subdivision (lot split):
(1) A minor subdivision application, available at the Village of Archbold Engineering Department, shall be filed by the landowner or their designated representative. The applicant shall include a survey depicting the lines and dimensions for all proposed lots and bearing the signature and seal of a professional surveyor registered in the State of Ohio. The application and survey shall be accompanied by a deed with the legal description, appropriate fees, and evidence of compliance with these Regulations and other applicable requirements.
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The legal description shall be recorded as part of the deed conveyance. The survey drawing and legal description must conform to the minimum standards for boundary surveys under OAC 4733-37 and meet the standards of these Regulations and the Fulton County Land Transfer Policy. Areas within the 100-year floodplain and within floodways, as determined from flood studies or by scaling from mapping provided by the Federal Emergency Management Agency (FEMA), shall be delineated. |
(2) After the subdivision proposal has been approved by the necessary departments with review authority, the conveyance (deed) and a copy of the survey drawing shall be reviewed by the Village Engineer for its conformity with these Regulations. Within 14 calendar days, the Village Engineer shall stamp and sign the legal description within the deed document used for transfer, "approved; no plat required" if the subdivision in question meets all requirements as specified in division (B) of this section of these Regulations.
(3) The deed shall then be recorded with the Fulton County Recorder, after which the newly created lot(s) will become a legal lot(s) of record. Lot split requests shall expire if not recorded within one year following Village Engineer approval. Incomplete or deficient proposals shall be disapproved, and the Village Engineer shall notify the subdivider of the reasons for said disapproval.
(D) Parcel additions. A parcel addition occurs when a portion of an existing lot is split and combined with another existing lot. Parcel additions fall under the requirements of this section of these Regulations and the resulting parcel must meet the conditions required for minor subdivision approval, additionally requiring the following:
(1) A completed minor subdivision application, survey drawing, and legal description shall be submitted to the Village Engineer.
(2) The parcel addition shall only be approved if the property conveyance expressly states an intention to combine the split piece of land with the adjacent parcel.
(E) Exempted lot splits. Exempted lot splits are not considered a minor subdivision, meaning that they do not count as a subdivision from an original tract of land. Exempted lot splits shall, however, still meet the requirements listed in this division (E) and R.C. § 711.133. Exempted lot split requests shall expire if not recorded within one year following Village Engineer approval. Incomplete or deficient proposals shall be disapproved, and the Village Engineer shall notify the subdivider of the reasons for said disapproval.
(1) The sale or exchange of parcel(s) of less than five acres between adjoining or adjacent lot owners may qualify as exempted lot splits. Such splits shall be considered exempt given the following circumstances:
(a) The proposed exempted lot split, including the remainder of the original tract, is not contrary to any other applicable regulations, including but not limited to the requirements found in the Village Zoning Code and the Village Thoroughfare Plan.
(b) Deeds for said exempted lot splits shall include the following covenant notation prior to approval:
"The herein described x.xx acres shall not constitute an independent building site separate from the Grantees' adjacent parcel unless approved by the Village Engineer as such in accordance with applicable Subdivision Regulations."
(2) The creation of parcel(s) five acres or more in size may qualify as exempt lot splits. Such splits shall be considered exempt given the following circumstances:
(a) It can be clearly demonstrated that the parcel(s) has direct frontage on an existing public road and does not create any new access of easement.
(b) The proposed exempted lot split is not contrary to any other applicable regulations,
including but not limited to the requirements found in the Village Zoning Code and the Village Thoroughfare Plan.
(c) The proposed exempted lot split shall meet the width-to-depth ratio prescribed by these regulations.
(F) Minor subdivision appeals. An applicant whose minor subdivision proposal is subject to disapproval may, within 60 calendar days of the date of disapproval, request in writing an appeal to the Planning Commission.
(Ord. 2024-16, passed 2-19-2024)