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No owner or agent of the owner of any land located in a subdivision shall transfer, sell, agree to sell, or negotiate to sell any land by reference to, exhibition of, or use of, a plan or plat of a subdivision before such plan or plat is approved and recorded according to the procedures set forth in these Subdivision Regulations. The description of such lot or parcel by metes and bounds in the instrument of transfer, or in other documents used in the process of selling or transferring, shall not exempt the transaction from these Subdivision Regulations.
(Ord. 58-01. Passed 5-29-01; Ord. 80-12. Passed 9-10-12.)
(a) The City shall withhold all public improvements of any nature, including the maintenance of streets and the furnishing of sewerage facilities and water service, from all land developments and subdivisions which have not been approved and from areas dedicated to the public which have not been accepted by Council according to the procedures set forth in these Subdivision Regulations.
(b) No board, public officer or authority shall accept, lay out, improve or authorize utilities to be laid in any street in the territory for which Council has adopted a Major Thoroughfare Plan, unless:
(1) The street has received the legal status of a public street prior to the adoption of the Plan;
(2) The street corresponds with a street shown on the Plan; or
(3) The street is shown on a subdivision plat or a street plat, which has been approved by Council.
(c) Upon adoption of the proposed comprehensive sewer plan for the City, all subdivision plats to come before Council for approval shall tie into such plan at the expense of the developer, and shall have the approval of the Ohio Environmental Protection Agency or its successor. The City may require subdivision plats submitted prior to the completion of the comprehensive sewer plan to tie into such proposed plan and have the approval of the Ohio Environmental Protection Agency or its successor.
(Ord. 58-01. Passed 5-29-01; Ord. 80-12. Passed 9-10-12.)
(a) The developer or subdivider is required to meet with the Planning Coordinator prior to submitting a preliminary plat. The purpose of this meeting is to:
(1) Discuss early and informally with the applicant the locations of proposed major streets, parks, playgrounds, school sites and other planned projects which may affect the property being considered for subdivision.
(2) Review with the Planning Coordinator the minimum standards of subdivision design set forth in Chapters 1246 and 1248. Such review should prevent unnecessary and costly revisions in the layout and development of the subdivision.
(b) No action shall be taken at such a meeting and no opinions, suggestions, or recommendations discussed shall be relied on by the applicant to indicate subsequent approval or disapproval of the development plan.
(c) A formal application or filing of a plat with the Planning Commission is not required for such informal advisory meeting. However, the applicant is encouraged to submit a sketch plan at a scale of not less than 1 inch = 100 feet, which contains the proposed name of the subdivision, location of subdivision, approximate acreage, tentative street and lot arrangement and topography lines.
(Ord. 58-01. Passed 5-29-01; Ord. 80-12. Passed 9-10-12; Ord. 39-23. Passed 4-10-23.)
After meeting informally with the Planning Coordinator, and prior to making any street improvement or installing any utility, the subdivider shall prepare a preliminary plat. The preliminary plat gives the subdivider Planning Commission approval of the preliminary street and lot layout and allows for the subdivider to move forward with detailed engineering plans. The preliminary plat shall be developed in accordance with the following:
(a) Form. The preliminary plat shall be drawn at a scale of not less 1 inch = 100 feet, and shall be on one or more sheets, each measuring 24 inches by 36 inches in size.
(b) Contents. The basic information required for the preliminary plat shall be plotted on a topographic map or on a separate map and shall include:
(1) Existing conditions.
A. The applicant's legally sufficient proof of standing to proceed on the subject property.
B. The bearing and distances of boundary lines.
C. The location, width and purpose of easements and blocks.
D. The name, right-of-way width and location of every street on or adjacent to the tract, the type, width and elevation of surfacing thereof, and any legally established centerline elevations, sidewalks, curves, gutters, culverts, etc.
E. Streams, drainage ditches, ponds, or other water bodies; along with other boundaries of floodways and floodplains.
F. The location and dimensions of all existing buildings, designated landmarks and structures, signs located on the property.
G. If required by the Planning Commission, photographs of the site shall be provided, with a key indicating camera location, direction of views and key numbers of photographs.
H. Zoning and existing land use on and adjacent to the tract.
I. Highways or other major improvements planned by public authorities for future construction on or near the tract.
J. An area map showing the location of the tract within the City.
K. The present tract designation according to the official records of the County, and the title under which the proposed subdivision is to be recorded, with the names and addressees of the owners and developers, and notations stating acreage, scale, north arrow, datum, bench marks and the source of boundary survey information.
(2) Supplemental information.
A. A statement of the proposed use of lots, giving the type and number of dwelling units.
B. For multi-family, cluster and nonresidential uses, the location, dimensions and approximate grade of the proposed parking and loading areas, alleys, sidewalks, streets and points of vehicular ingress to and egress from the development and the tentative lot arrangement.
C. General phasing of the development, indicating construction and development of any common open space and recreation facilities.
D. In a letter accompanying the request for approval of the preliminary plat the subdivider shall indicate the type of sewage disposal.
(Ord. 58-01. Passed 5-29-01; Ord. 139-06. Passed 1-8-07; Ord. 80- 12. Passed 9-10-12.)
(a) The applicant for preliminary and/or final plat approval must deposit funds, in an amount deemed sufficient by the City, to enable the City to conduct a thorough review of the plat so submitted by a certified planner and/or other design professionals.
(b) In review of an application for preliminary plat and/or final plat approval, the Planning Commission may request that the applicant supply additional information that the Commission deems necessary to adequately review and evaluate the proposed subdivision. Such information may include, but not be limited to, a traffic study and/or Autoturn® or its equivalent.
(Ord. 80-12. Passed 9-10-12; Ord. 3-15. Passed 2-9-15.)
Preliminary plats shall be reviewed and distributed according to the following procedures.
(a) Required Submission. Twelve copies of the preliminary plat and supplementary material specified in Section 1244.07 shall be submitted to the Planning Coordinator with a written application for conditional approval at least 29 days prior to the hearing at which such plat is to be considered.
(b) Review for Completeness. The Planning Coordinator shall review the submitted application for completeness and compliance with the applicable submission requirements. If the application is deemed insufficient, the Planning Coordinator shall, within ten days, notify the applicant of the deficiencies and place the application on hold until complete. When the application is determined complete and the application fee has been paid, the Planning Coordinator shall officially accept the application for consideration and place it on the Planning Commission’s agenda.
(c) Distribution of Plans. Within two days after determining that an application is complete, the Planning Coordinator shall forward two copies of the complete application to the City Engineer and one copy of the complete application shall be submitted to each Department Director and to the Landmarks Preservation Commission. The City Engineer, the Directors and the Landmarks Preservation Commission shall review the application and submit his or her recommendations to the Planning Coordinator within ten days from the date the application is deemed complete.
(d) Transmission to the Planning Commission. The Planning Commission Chair shall distribute the application and the recommendations from the City Engineer and Directors in division (c) above to the Planning Commission.
(e) Public Hearing And Notice By Planning Commission. The Planning Commission shall hold a public hearing on the application. Public notice of such public hearing shall be given no less than ten days before the date of the hearing to the applicant and to the owners of property which are immediately adjacent to, adjoining and abutting the property on which the subdivision is proposed. Notices shall set forth the time and place of the public hearing and the nature of the proposed subdivision. Failure of delivery of such notice shall not invalidate action taken on such application.
(f) Action By Planning Commission.
(1) The Planning Commission shall take one of the following actions:
A. Approve.
B. Disapprove. If a preliminary plat is disapproved, the reasons for such disapproval shall be stated in writing.
C. Approve with modifications. If the preliminary plat is approved with modifications, the nature of the modifications shall be indicated in writing.
(2) If the Planning Commission fails to act within 60 days from the date the application was deemed complete, or an extended period as may be agreed upon, then the applicant may deem the application denied.
(3) The action of the Planning Commission shall be noted on two copies of the preliminary plat, with any notation made at the time of approval or disapproval of the specific changes required.
A. One copy shall be returned to the subdivider; and
B. One copy shall be retained by the Planning Commission.
(4) If the Planning Commission disapproves a preliminary plat subject to modification, such modified preliminary plat may be resubmitted for review by the Commission within 90 days at no additional fee.
(5) Approval of the preliminary plat does not constitute acceptance of the final plat. The approval of the preliminary plat shall lapse unless a final plat based on the approved preliminary plat is submitted within one year from the date of such approval. An extension of time may be applied for by the subdivider and may be granted by the Planning Commission.
(g) Applicants seeking to amend and/or modify an approved preliminary plat shall be required to follow all procedures set forth in divisions (a) through (f) of this section.
(h) All submissions must be in PDF and DWG/DXF formats.
(Ord. 58-01. Passed 5-29-01; Ord. 18-05. Passed 3-14-05; Ord. 139-06. Passed 1-8-07; Ord. 80-12. Passed 9-10-12; Ord. 45-13. Passed 5-13-13.)
Whenever part of a tract is proposed to be subdivided and it is intended to subdivide additional parts of such tract in the future, a sketch plan for the entire tract shall be submitted to the Planning Commission at the same time the preliminary plat for the first part of the tract to be platted is submitted.
(Ord. 58-01. Passed 5-29-01; Ord. 80-12. Passed 9-10-12.)
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