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(A) R.C. § 711.001 specifically defines a SUBDIVISION as:
(1) The division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll, into two or more parcels, sites or lots, any one of which is less than five acres for the purpose, whether immediate or future, of transfer of ownership; provided, however, that the division or partition of land into parcels of more than five acres not involving any new streets or easements of access, and the sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites, shall be exempted; or
(2) The improvement of one or more parcels of land for residential, commercial or industrial structures or groups of structures involving the division or allocation of land for the opening, widening or extension of any street or streets, except private streets serving industrial structures; the division or allocation of land as open spaces for common use by owners, occupants or lease holders or as easements for the extension and maintenance of public sewer, water, storm drainage or other public facilities.
(B) Division (A)(1) of the above definition refers to two types of land subdivision, minor subdivisions (also known as lot splits or cut-ups) and platted subdivisions (also known as formal subdivisions) in which no improvements are required. It is noteworthy that all divisions of land in the state are deemed subdivisions except:
(1) The division of land into parcels of more than five acres in size that does not involve the creation of new streets or easements of access; and
(2) The transfer of parcels of land between adjoining property owners where additional building sites are not created.
(C) Division (A)(2) of the above definition refers to platted subdivisions in which improvements are required. Note that actual division of land is not a pre-requisite for qualification as a subdivision. Any improvement of land for residential, commercial or industrial purposes which involves the allocation of land for the following is legally a subdivision in the state:
(1) Streets except private streets serving industrial structures;
(2) Open spaces for common use by owners, occupants or lease holders; or
(3) Easements for the extension and maintenance of public sewer, water, storm drainage or other public facilities.
(D) The Ohio General Assembly has recognized the need for simple conveyance of property divisions in a limited number of instances. R.C. § 711.131 permits the division of a parcel of land along an existing public street, not involving the opening, widening or extension of any street or road, and involving no more than five lots after the original tract has been completely subdivided to be submitted to the planning agency exercising subdivision approval authority for approval without a plat. If such planning authority acting through a properly designated representative thereof is satisfied that such proposed division is not contrary to applicable platting, subdividing or zoning regulations, it shall within seven working days after submission of application approve such proposed division and on the presentation of a conveyance of such parcel, shall stamp the same “approved by (planning authority); no plat required” and have it signed by its clerk, secretary or other official as may be designated by it. Such planning authority may require the submission of a sketch and such other information as is pertinent to its determination thereunder. This method of subdivision of land is known as lot splitting and is often called a minor subdivision or a lot split.
(1997 Code, § 152.020)
Statutory reference:
Lot numbering and revision, see R.C. §§ 711.02, 711.06, 711.28 et seq.
Prior to the preparation of the preliminary plan, the subdivider should seek the assistance of the Planning Commission in order that he or she may become familiar with subdivision requirements, the proposals of the Official Thoroughfare Plan, and the official planning policies for the village.
(1997 Code, § 152.021)
Names for subdivisions shall neither duplicate nor too closely approximate, phonetically or in spelling, the name of any other subdivision in the village. The Planning Commission reserves the right to restrict the use of historic place names or other names which should be restricted for public use. The subdivision name recorded with a subdivision shall be its legal name and all official documents must identify that subdivision by its recorded name. Should a subdivision be recorded in separate phases, these divisions shall be called sections and shall be numbered consecutively with Roman numerals. Sections may be recorded in phases designated as blocks and shall be identified by using the consecutive letters of the alphabet. Lot numbers shall run consecutively for the entire subdivision. Sections, blocks or additions to subdivisions may not be lot numbered separately.
(1997 Code, § 152.022) Penalty, see § 152.999
The subdivider shall submit a preliminary plan of the proposed subdivision and all supplementary information and materials required by §§ 152.050 through 152.053 of these regulations. The preliminary plan shall conform with the requirements set forth in §§ 152.050 through 152.053 and shall be prepared by a qualified registered engineer or surveyor.
(1997 Code, § 152.023) Penalty, see § 152.999
An application for the tentative approval of a preliminary subdivision submitted on forms provided by the Planning Commission together with five copies of the preliminary plan and the supplementary information and materials specified in §§ 152.050 through 152.053, shall be submitted and filed with the Planning Commission. The preliminary plan shall be considered officially filed on the day it is received by the Planning Commission and shall be so dated.
(1997 Code, § 152.024)
(A) The Planning Commission shall forward copies of the preliminary plan and supplemental information to such officials and agencies as may be necessary for the purpose of study and recommendation.
(B) Such officials and agencies shall include:
(1) Village Building and Zoning Inspector;
(2) State Highway Director where the proposed subdivision affects any land within 300 feet of the centerline of a proposed new highway or a highway for which changes are proposed as described in the certification to local officials by the State Highway Director or of any land within a radius of 500 feet from the point of intersection of such centerline with any public road or highway;
(3) Village Engineer;
(4) Village Administrator; and/or
(5) Any other specialized or expert source of information the Planning Commission elicits or elects to use to review the proposed subdivision.
(1997 Code, § 152.025)
Review comments shall be accommodated as follows.
(A) The Planning Commission shall not approve the plan for 120 days from the date the notice is received by the Highway Director. If the Highway Director notifies the Commission that he or she shall proceed to require the land needed, the Commission shall refuse to approve the plan. If the Highway Director notifies the Commission that acquisition at this time is not in the public interest or upon the expiration of the 120-day period or any extension thereof agreed upon by the Highway Director and the property owner, the Commission shall, if the plan is in conformance with all the provisions of these regulations, approve the plan.
(B) The reviews performed by the Village Engineer and the Village Building Inspector shall include such exceptions, conditions, designs or requirements deemed necessary to ensure compliance with the policies, rules and regulations adopted and enforced by such agents, the Council or the Planning Commission. The listed agent(s) findings shall be adopted by the Planning Commission as mandatory requirements and any approval given of plans shall be subject to the compliance with such requirements.
(C) The reviews performed by the Zoning Inspector and any other agent(s) from which the Planning Commission have elicited comments and suggestions. Such review comments shall be considered on their merits by the Planning Commission and may or may not be adopted by the Commission as performance requirements for the plan’s conditional approval.
(1997 Code, § 152.026)
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