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§ 151.03 AUTHORITY.
   The following regulations for the control of plats and subdivisions as defined are adopted by the City Planning Commission and the City Council under authority granted by R.C. § 711.09 and this section. The city has adopted, as part of its master plan, a major thoroughfare plan and a parks, recreation, and open space plan. These regulations shall be based on and shall follow the goals and objectives as contained in these adopted plans.
(1980 Code, § 151.03) (Ord. 3704, passed 6-5-1978)
§ 151.04 DEFINITIONS.
   For the purpose of these regulations certain terms are defined as follows:
   ALLEY. A public right-of-way which yields secondary access to a lot.
   CITY ENGINEER. The city engineer of the City of Bowling Green, or his or her authorized representative. The city engineer shall be an employee of the city holding the title either as a primary duty title if a city engineering department is established, or holding such designation in addition to his or her primary duty title if no city engineering department is established. If no employee of the city holds the title, then the city engineer shall be the Public Works Director or his or her authorized representative and/or the Utilities Director or his or her authorized representative, as the context may require. If no employee of the city holds the title, then inspections, reviews, and approvals for subdivisions under these regulations must be obtained from both the Public Works Director or his or her authorized representative and the Utilities Director or his or her authorized representative.
   COLLECTOR STREET. A street designed to collect traffic from local streets and direct it to intersections with major streets. It is designed to serve both a traffic movement function and a service of access to abutting land uses.
   CONSERVATION EASEMENT. A voluntary restriction placed by the property owner on a piece of property to protect the resources, both natural and man- made, associated with the parcel. The restriction is either voluntarily sold or donated by the landowner, and constitutes a legally binding agreement concerning land use taking place on the property.
   CUL-DE-SAC. A terminating street with provision for vehicular turning at its end. Such turning shall be continuous and is usually accomplished by constructing a circle at the end of the street.
   DEAD-END STREET. A terminating street without access to another public right-of-way or without providing for turning of vehicles.
   DEVELOPER. An individual, firm, association, group, syndicate, partnership, corporation, trust, or any other legal entity commencing proceedings under these regulations to effect a subdivision of land hereunder for himself, herself or for another.
   EASEMENT. Authorization by a property owner for the use by another, and for specified purposes, of any designated part of his or her property.
   IMPROVEMENTS. Street paving or resurfacing, curbs, gutters, sidewalks, water lines, sewer lines, storm drains, street lights, flood control and drainage facilities, utility lines, communication and cable television lines, landscaping, and other related matters normally associated with the development of raw land into building sites.
   LOCAL STREET or MINOR STREET. A street designed primarily for service of access to abutting properties and land uses rather than for through traffic movement.
   LOT. A parcel of land occupied or intended for occupancy by a use permitted in this chapter, including one main building together with its accessory buildings, the open space and parking spaces required by this chapter, and having its principal frontage upon a street open to the public.
   LOT OF RECORD. A lot which is part of a subdivision recorded in the office of the county recorder, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
   MAJOR STREET. Such street shall be those streets designated as such in the master plan as approved by the City Council. Major streets in the city shall include the following:
 
Wooster Rd.
Napoleon Rd.
Gypsy Lane
Mercer Rd.
Manville Ave.
Thurstin St.
Main St.
Sand Ridge Rd.
Wintergarden Rd.
Conneaut Ave.
Haskins Rd.
Pearl St.
Van Camp Rd.
Poe Rd.
 
   ORIGINAL TRACT. A parcel of land, under single, joint, or common ownership, from which a subdivision of less than ten acres has not been made.
   PLACE. A private access or drive easement, whose location and design have been approved by the Planning Commission of the city and whose right-of-way and roadway conforms to layout and design standards for a local street as contained in these regulations.
   PLANNING COMMISSION. The Planning Commission of the city.
   PLAT. A final drawing indicating a subdivision of land into lots for sale or transfer of ownership. Such drawing shall indicate property boundaries, dimensions, public and private roads, building setback lines, and other elements as specified in these regulations.
   PLATTING COMMISSIONER. The Department of Planning Director. He or she shall provide regulations governing platting of all lands and perform other duties as prescribed in the Ohio Revised Code.
   PLATTING PROCESS. The submission of a preliminary drawing of a subdivision containing more than five lots or the opening or extension of a public street for review for conformance with these regulations and approval by the Planning Commission of the city.
   PRELIMINARY DRAWING. The preliminary plan or drawing indicating the proposed layout of a subdivision, the details of which are provided for in §§ 151.25 through 151.28.
   STREET. A public right-of-way which offers the primary means of access to abutting lots.
   SUBDIVISION.
      (1)   The division of any parcel of land shown as a unit or as contiguous units on the last preceding county auditor’s tax duplicate and/or exempt property records 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. However, the division or partition of land into parcels of five acres or more 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.
      (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 leaseholders or as easements for the extension or maintenance of public sewers, water storm drainage, or other public facilities.
   SUBMISSION OF PLAT. The preliminary drawing, construction plans, and final plat submitted and dated upon acceptance of drawings by the platting commissioner as meeting the requirements and specifications contained in these regulations and the payment of required fees. The date of acceptance shall be the filing date for the plat.
   THOROUGHFARE PLAN. The official plan of highways, primary and secondary, thoroughfares, and parkways adopted by the Planning Commission as part of the master plan of the city.
   UTILITIES. Includes the following: water lines, sanitary sewers, storm sewers, gas lines, telephone poles or cable, electric poles, or cable and cablevision.
   VICINITY MAP. A map to scale, included on the preliminary drawing indicating the proposed site and showing all streets within one-half mile of the proposed site.
   WIDTH. The width of a parcel is measured at the right-of-way line. In the case of a cul-de-sac lot or a lot on a curve, the frontage is measured at the front yard setback line.
   YARD. An open space at grade lying between a structure and the adjoining lot lines.
(1980 Code, § 151.04) (Ord. 3704, passed 6-5-1978; Am. Ord. 7001, passed 7-15-2002)
PROCEDURE
§ 151.10 GENERAL.
   No person, firm, developer, or corporation proposing to make a transfer of land involving any lot of less than five acres or involving the opening or widening of a street or place or easement of access shall transfer or record such transfer or construct improvements until provisions of these regulations have been complied with. A general outline of procedures in §§ 151.10 through 151.17 is contained on the following page.
(1980 Code, § 151.10) (Ord. 3704, passed 6-5-1978)
Editor's Note:
   Procedures for Subdivision Approval is not available. Please contact the Clerk's Office for assistance.
§ 151.11 SUBDIVISION NOT REQUIRING A PLAT.
   (A)   A plat is not required for a subdivision that creates no more than five lots from the original tract and the proposed subdivision is along an existing public street and does not involve opening, widening, or extension of any street, or easement of access, nor is one required for the creation of a new parcel by a transfer from an existing lot of record.
   (B)   The developer shall submit to the platting commissioner three copies of an application, as provided by the platting commissioner, together with three blackline or blueline copies of a scaled drawing of the proposed transfer of land. The scaled drawing shall be drawn at a scale represented by not more than 100 feet to each inch and shall be on a sheet eight and one-half by 14 inch minimum or 20 by 30 inch maximum in size. Standards for drawings are contained in § 151.28.
   (C)   The platting commissioner shall review the subdivision within seven working days of the application for applicable platting standards and for conformity to all applicable laws and regulations. If the proposed subdivision is satisfactory the platting commissioner shall stamp and initial the application, deed, and drawings, “Approved - No Plat Required, City of Bowling Green, Ohio                     , Platting Commissioner, dated            .”
   (D)   An applicant, upon denial of an application, may appeal to the Planning Commission for waiver of specific requirements of the subdivision regulations. If granted, such waiver must not adversely affect the general welfare of the city or its orderly growth and development.
(1980 Code, § 151.11) (Ord. 3704, passed 6-5-1978)
§ 151.12 SUBDIVISION REQUIRING A PLAT.
   (A)   Where the proposed subdivision involved the creation of more than five lots from the original tract, and/or involves the opening, widening, extension of any street, road, alley, place, or private easement of access, the developer shall be required to submit a plat. Prior to the initial submission the developer may prepare a rough sketch of the proposed development showing roads, lot layout, general dimensions, schemes for utilities, and proposed parkland or open areas. He or she shall review this with the platting commissioner for comments and suggestions and if deemed desirable by the platting commissioner, the sketch will also be reviewed with the Planning Commission for comment and suggestions.
   (B)   After the preapplication review the developer will submit to the platting commissioner three copies of an application, as provided by the platting commissioner, together with 12 blackline drawings or blueprints (15 in the case of a proposed subdivision outside the city limits). This drawing, to be known as the preliminary drawing, will be drawn on one or more sheets, 24 by 36 inches, at a scale represented by not more than 100 feet to each inch, and will conform in every way with the requirements set forth in §§ 151.25 through 151.28. Preliminary drawings must be submitted at least 20 working days before the scheduled Planning Commission meeting at which approval will be sought; preliminary drawings not filed on or before the first day of this 20-day period will not be considered by the Planning Commission at its next scheduled meeting. If the Planning Commission requires corrections to and/or resubmission of the preliminary drawing, such resubmission must be made at least ten working days before the scheduled Planning Commission meeting at which approval will be sought; corrected and/or resubmitted. Preliminary drawings not filed on or before the first day of this ten-day period will not be considered by the Planning Commission at its next scheduled meeting.
   (C)   The preliminary drawing will be checked by the platting commissioner as to its conformity with the zoning regulations, the thoroughfare plan, and other applicable sections of the master plan including the principles, standards, and requirements hereinafter set forth. Copies of the preliminary drawing will be referred by the platting commissioner for recommendations or other action as follows prior to submitting the drawings to the Planning Commission.
   (D)   The platting commissioner shall submit the preliminary drawing to the city engineer, the Utilities Director, the Fire Chief, and to other agencies necessary for review.
   (E)   In the case of a plat of a subdivision located outside the corporate limits of the city but within the territory which lies less than three miles beyond the corporate line, the preliminary drawing will also be submitted to the County Planning Commission for comment. The preliminary drawing will also be submitted to the county engineer, sanitary engineer, and Health Department, where appropriate, for checking of matters within their jurisdiction.
   (F)   If deemed necessary by the platting commissioner, a meeting may be called to be attended by one or more of the above named officials and/or agencies and the developer or his or her representative to consider the recommendations by the officials and/or agencies concerned before presenting the preliminary drawing to the Planning Commission. This procedure shall be followed to facilitate the processing of the preliminary drawing by the Commission.
   (G)   Upon receipt of the recommendations and advice of action concerning matters covered in the preceding divisions, the Planning Commission, at a public meeting, will tentatively approve or disapprove the preliminary drawing or will approve it with modifications, noting thereon any changes that will be required. One copy will be returned to the subdivider with the date of the tentative approval or disapproval endorsed thereon by the chairperson and secretary of the Planning Commission or their authorized representatives. Similar copies also will be transmitted to the platting commissioner.
   (H)   The tentative approval of the preliminary drawing by the Planning Commission is to be considered only as an approval of the layout, with the understanding that the city engineer and other city officials having jurisdiction may modify any engineering or construction detail proposed by the subdivider, whenever required for the protection of the public interest.
(1980 Code, § 151.12) (Ord. 3704, passed 6-5-1978)
§ 151.13 REVIEW AND APPROVAL OF CONSTRUCTION DRAWINGS AND THE FINAL PLAT.
   (A)   Approval of the preliminary drawing is valid for one year unless extended by action of the Planning Commission. Construction plans must be approved by the city during this time.
   (B)   Six copies of construction drawings of required improvements shall be filed with the platting commissioner who shall send them for review to appropriate agencies. Such filing must take place a minimum of two weeks in advance of the day on which approval is desired. If the city engineer or Planning Commission should require the construction drawings to be corrected and resubmitted, the corrected and resubmitted drawings must be filed with the platting commissioner a minimum of one week in advance of the day on which approval is desired. Construction drawings will not be acted upon if filed with any person or office other than the platting commissioner or his or her office. The city engineer shall review all comments, and, if drawings are found to be satisfactory, he or she shall approve construction drawings. Approval of the construction drawings by the city engineer will normally constitute authorization for the developer to proceed with the improvements, and the construction drawings need not be approved by the Planning Commission. However, the city engineer, Planning Commission member, or a city official may request Planning Commission approval of the construction drawings as a required prerequisite to construction of the improvements if policy matters or matters of public interest are involved. When such requests are made, the construction drawings will not be deemed approved until approved by the Planning Commission.
   (C)   Upon approval of construction drawings, the developer may proceed with the improvements. If the developer chooses to file the final plat before completion of the improvements, the developer shall post a good and sufficient performance bond acceptable by the city guaranteeing the city in the amount sufficient to complete the improvements. The bond must be approved by the Planning Commission, city engineer, and city attorney and will be deposited with the City Finance Director and a copy filed with the secretary of the Planning Commission. In lieu of a performance bond, a proper guarantee of a sufficient amount to complete the improvements may be deposited with the city under details approved by the city attorney, city engineer, Finance Director, and Planning Commission.
   (D)   Within one year of approval of the construction drawings, the developer shall file with the platting commissioner one reproducible copy and five blackline or blueprints of the final or record plat which shall conform in every respect with the requirements specified in §§ 151.25 through 151.28. The final plat shall be drawn on sheets 24 by 36 inches or 20 by 30 inches in size at a scale represented by not more than 100 feet on the inch.
   (E)   The Planning Commission may approve a final or record plat for a portion of a preliminary drawing. Application shall be made to the platting commissioner, who shall prepare a review and comments to be submitted along with the request to the Planning Commission. Approval of a portion of the subdivision shall not itself waive the time required for submission of remaining portions of the subdivision.
   (F)   A copy of the final or record plat thus filed will be checked by the platting commissioner and reviewed by appropriate agencies. If found satisfactory, he or she will transmit the plat to the Planning Commission, together with a twofold certificate showing that the technical details of the plat itself have been checked and found satisfactory, and that all required improvements have been satisfactorily completed, or that the required performance bond or guarantee is in force and is sufficient to complete the required improvements. Plats must be filed at least 15 working days before the scheduled Planning Commission meeting at which approval will be sought; plats not filed on or before the first day of this 15-day period will not be considered by the Planning Commission at its next scheduled meeting. If the Planning Commission required corrections to and/or resubmission of the final or record plat, such resubmission must be made at least five working days before the scheduled Planning Commission meeting at which approval will be sought; corrected and/or resubmitted final or record plats not filed on or before the first day of this five-day period will not be considered by the Planning Commission at its next meeting.
   (G)   After a copy of the final plat together with the foregoing twofold certificate has been received by the Planning Commission from the platting commissioner and provided that the final plat is found to conform with the preliminary drawing as tentatively approved, the Planning Commission will approve the final plat and will enter such approval thereon in writing by its chairperson and secretary. Approval or refusal to approve the final plat by the Planning Commission shall be endorsed on the plat within 30 days after the receipt of the plat by the Planning Commission at a regular meeting of the Commission or within such further time as the applying party may agree to. The ground of refusal, including citation of or reference to the rule or regulations violated by the plat, shall be stated upon the records of the Planning Commission. If the Planning Commission takes no action to approve or disapprove the plat within 30 days after receipt, or within such further time as the applying party may agree to, the plat will be considered disapproved.
   (H)   The developer shall provide the city, prior to recording, one copy of the final plat, in an electronic format compatible with the city’s computer assisted drawing program. The electronic copy shall be provided on a CD or other media acceptable to the city.
   (I)   Upon receipt of notice that a plat within the city has been recorded, the Council shall by ordinance accept the plat and all new dedicated rights-of-way contained therein.
(1980 Code, § 151.13) (Ord. 3704, passed 6-5-1978; Am. Ord. 5485, passed 12-7-1992; Am. Ord. 6006, passed 6-17-1996; Am. Ord. 7207, passed 2-17-2004)
§ 151.14 SUBMISSION TO STATE DEPARTMENT OF TRANSPORTATION.
   Before any preliminary drawing is approved affecting any land within 300 feet of the center line of a proposed new highway or a highway for which changes are proposed as described in the certification to local officials by the State Department of Transportation (ODOT), or any land within a radius of 500 feet from the point of intersection of the center line with any public road or highway, the Commission shall give notice, by certified mail, to the Highway Director. The Commission shall not approve the preliminary drawing for 120 days from the date the notice is received by ODOT. If ODOT notifies the Commission that it shall proceed to acquire the land needed, then the Commission shall refuse to approve the preliminary drawing. 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 preliminary drawing is in conformance with all provisions of these regulations, approve the preliminary drawing.
(1980 Code, § 151.14) (Ord. 3704, passed 6-5-1978)
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