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(a) The design and layout of all subdivisions shall conform with the design standards for subdivisions set forth in Chapter 1133, and all zoning regulations governing the area and dimensions of lots set forth in Title Five of this Planning and Zoning Code. The subdivider shall make public improvements and shall submit preliminary and final plats, all in accordance with these Subdivision Regulations.
(b) If the Planning Commission finds that land proposed to be subdivided is unsuitable due to flooding, bad drainage, steep slopes, rock formations and other such conditions as may increase the danger to health, life or property or aggravate erosion or flood hazards, and if, from adequate investigations conducted by all the public agencies concerned, it is determined that, in the best interest of the public, the land should not be platted and developed for the purpose proposed, the Commission shall not approve such subdivision unless adequate methods are formulated by the subdivider for meeting the problems created by such subdivision of land.
(c) The Commission may refuse to approve what it considers to be a scattered or premature development or subdivision of land which may involve danger or injury to the public health, safety, welfare or prosperity by reason of lack of adequate water supply, schools, proper drainage, good roads and transportation facilities or other public services, or which would necessitate an excessive expenditure of public funds for the supply of such services, such as undue maintenance costs for adequate roads.
(Ord. 62-2023. Passed 1-16-24.)
Before the subdivision plat is prepared, the subdivider is encouraged to consult with the City Engineer and Zoning Administrator to become thoroughly familiar with all the subdivision requirements and with all applicable zoning regulations and the Comprehensive Plan of the city affecting the territory in which the proposed subdivision lies. The subdivider may also consult with:
(a) The City Engineer regarding roads and drainage or other construction requirements.
(b) The City Engineer and the Director of Utilities regarding availability of sanitary sewer lines, water lines and electric service.
(Ord. 62-2023. Passed 1-16-24.)
(a) For subdivisions where public utilities are not readily accessible to the site or where rezoning is also involved in the project, the applicant shall, as an exploratory step, submit a sketch plan to the Zoning Administrator. All other applicants are encouraged, but not required, to submit a sketch plan.
(b) Purpose. The purpose of sketch plan review is to:
(1) Discuss early and informally with the applicant the locations of proposed major streets, parks, playgrounds, school sites and other planned projects that may affect the property being considered for subdivision.
(2) Review with the City Engineer, Zoning Administrator the minimum standards of subdivision design and improvements set forth in Chapter 1133.
(c) Submission Requirements. A formal application or filing of a plat is not required for sketch plan review. A sketch plan shall be clearly and legibly drawn on one (1) or more sheets and shall be drawn at a scale of 1"=100' and shall contain the following information:
(1) The name and address of the applicant, developer and property owner.
(2) The proposed name and location of the proposed subdivision.
(3) The approximate total acreage of the proposed subdivision.
(4) The tentative street and lot arrangement.
(5) Topographic lines, and
(6) Any other information the developer believes necessary to obtain an informal opinion as to the proposed subdivision's compliance with the requirements of this Planning and Zoning Code.
(d) Review Process. No action shall be taken at such a meeting and no opinions, suggestions, or recommendations discussed shall be construed by the applicant to constitute automatic approval of a subsequently submitted preliminary plat application.
(Ord. 62-2023. Passed 1-16-24.)
(a) Purpose. The preliminary plat of a subdivision is not intended to serve as a record plat. Its purpose is to show on a map all facts needed to enable the Planning Commission to determine whether the proposed layout of the land in question is satisfactory from the standpoint of the public interest. It enables the applicant and the Planning Commission to explore the best relationship to adjoining subdivisions or adjoining land and outline a program of improvements. The preliminary plat shall be planned by a qualified technician trained in the layout of subdivisions.
(b) Significance of Approved Preliminary Plat. An approved preliminary plat shall not constitute acceptance of the final plat but shall be the basis of approval of the final plat regarding the general layout of streets, lots, and open space. Approval of the preliminary plat authorizes the applicant to:
(1) Prepare and submit an application for Final Plat.
(2) Prepare and submit construction drawings of the proposed roads, sewer and water systems and other proposed public facilities to the City Engineer whose approval shall be required prior to the approval of the final plat by the Planning Commission;
(3) Complete final surveys for the design of roads, utilities and lots;
(c) Submission Requirements. The preliminary plat shall be prepared in accordance with the regulations set forth herein, and shall be approved prior to the completion of final surveys of roads and lots and before the start of any grading or construction work. Where the preliminary plat covers only part of the subdivider's entire holding, a sketch plan of the entire holding shall be submitted in order to consider the proposed subdivision's connections with the road system of the part not submitted.
(1) Application. An application for approval of a preliminary plat shall be submitted to the Zoning Administrator, on forms provided by the Zoning Administrator, together with the required number of copies of the plat and the supplemental submission material required by this section.
(2) Form. The preliminary plat shall be drawn at a scale of not less 1"=100'and shall be on one or more sheets, with dimensions which are multiples of six (6) inches in either direction.
(3) Identification. Each plat, map and accompanying data shall contain the proposed name of the subdivision. The name shall not approximate, phonetically or otherwise, the name of any other subdivision in the City. Each map shall include a north point, scale and date. All documentation shall contain the names and addresses of owner, developer, and the engineer or other technician who prepared the documentation, and the preparation date and any dates of revision thereto.
(4) Contents. The information required for the preliminary plat and accompanying information shall include:
A. Vicinity Map. A vicinity map at a scale of not less than 1"=1000' showing the relationship of the subdivision to its surroundings within one- half (½) mile.
B. Existing Conditions. A map(s) indicating the following existing conditions.
1. Boundaries (indicated by a heavy, solid line), dimensions and acreage of the tract to be subdivided.
2. Identification of adjacent subdivisions and adjacent parcels within 200 feet of the proposed subdivision with boundary lines shown by dashed lines and including the names of adjacent subdivisions and owners of the adjacent parcels.
3. Zoning classification of the proposed subdivision and adjoining properties and a description of proposed zoning changes if any.
4. The existing use(s) on the subject property and adjacent land.
5. Location, widths, types and names of all existing parks and other public open spaces, permanent buildings, structures, parking areas, section and corporation lines, on and within 200 feet of the tract.
6. The locations, widths, and names of existing streets, railroad rights-of- ways, easements, sidewalks, legally established centerlines, and any other public right-of-way.
7. Existing sanitary and storm sewers, water mains, culverts, gas lines, fire hydrants, electric and telephone poles, street lights, cable television lines or other underground items within the tract or immediately adjacent thereto, with pipe sizes, grades, elevations, and locations indicated. If water mains and sewers are not on or adjacent to the tract, the direction, distance and size of those nearest shall be indicated.
8. Contours at two-foot intervals of the tract and adjacent properties within 200 feet of the tract.
9. Streams, drainageways , ponds, swamps, marshes, wetlands and other boundaries of floodways and flood plains, the tree line of wooded areas, rock outcroppings and individual trees one (1) foot or more in diameter and other significant features.
C. Proposed Conditions. A plat illustrating the following details pertaining to the proposed subdivision.
1. Boundaries (indicated by a heavy, solid line), dimensions and acreage of the proposed subdivision.
2. Layout, numbers and approximate dimension of lots.
3. Building setback lines along all streets, with dimensions noted.
4. A statement of the proposed use(s) of lots, giving the type and number of dwelling units and the type of business or industry.
5. Preliminary layout and cross section of streets, including names and right-of-way widths of existing and proposed streets, and widths of any alleys, sidewalks, crosswalks, the location, width and purpose of any easements.
6. Location and size of proposed utility mains, showing their connections with the existing systems.
7. Parcels of land intended to be dedicated, the acreage of each parcel and the conditions of such dedication or reservation.
8. General phasing of the development, indicating construction and development of any common open space and recreation facilities. The preliminary plat shall include the proposed general layout for the entire area. The part that is to be subdivided first shall be clearly superimposed upon the overall plan in order to illustrate clearly the method of development that the subdivider intends to follow. Each subsequent plat shall follow the same procedure until the entire area controlled by the subdivider is subdivided.
9. Multi-family, cluster and nonresidential uses shall be subject to the requirements in Chapter 1181, Site / Development Plan Review.
D. General Information. The following additional information shall be provided.
1. Legal description or tract designation and other description according to the real estate records of the tax-map office.
2. Highways or other major improvements planned by public authorities for future construction on or near the tract.
3. A general description of any proposed covenants and restrictions.
4. Any state or federal wetland and / or floodplain development permits that have been obtained authorizing development of wetlands on the site.
(d) Approval Procedures. Preliminary plats shall be submitted, distributed for review and acted upon according to the procedures set forth in this Section.
(1) Submission. Two (2) copies of the preliminary plat and submission material specified above shall be submitted to the Zoning Administrator along with a completed, written application and payment of the fee.
(2) Review for Completeness. The Zoning Administrator shall review the submitted application for completeness and compliance with the applicable submission requirements. If the application is deemed insufficient, the Zoning Administrator shall within ten (10) business 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 Zoning Administrator shall officially accept the application for consideration and place it on the Planning Commission's agenda.
(3) Distribution of Plans. When the Zoning Administrator determines that an application is complete, the Zoning Administrator shall forward copies of the complete application to the proper agencies, departments or other appropriate individuals or organizations for review and report. Such agencies, departments, individuals or organizations shall review the application and submit their recommendations to the Zoning Administrator within ten (10) business days from the date the application is deemed complete.
(4) Transmission to the Planning Commission. The Zoning Administrator shall distribute the application and the recommendations from the appropriate individuals set forth in subsection (d)(3) above to the Planning Commission.
(5) Public Hearing and Notice by Planning Commission. The Planning Commission shall hold a public hearing on the application. Notice of such public hearing shall be given no less than ten (10) business days before the date of the hearing by first class mail to the applicant and to the owners of property within 250 feet of 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.
(6) Action by Planning Commission. If the Planning Commission fails to act within sixty (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 disapproved. The Planning Commission shall take one of the following actions:
A. Approve the preliminary plat.
B. Approve the preliminary plat with modifications. The Planning Commission may require such changes or revisions as are deemed necessary to the welfare and needs of the community. If the preliminary plat is recommended for approval with modifications, the nature of the modifications shall be indicated in writing.
C. Disapprove the preliminary plat, in which case, the reasons for such disapproval shall be stated in writing.
(7) Notification of action to City Council. Within fourteen (14) business days of the action by the Planning Commission to approve a preliminary plat, City Council shall be notified by the Zoning Administrator
(8) Record of Action. The action of the Planning Commission shall be noted on two (2) copies of the preliminary plat, with any notation made at the time of approval or disapproval of the specific changes required.
A. One (1) copy shall be returned to the subdivider and
B. One (1) copy shall be retained by the Planning Commission.
(9) Resubmission of Disapproved Preliminary Plat. If a preliminary plat is disapproved such plat may be modified to address the reasons stated for disapproval and resubmitted for review by the Commission within ninety (90) days of the Commission's action at no additional fee.
(10) Approval Period. Approval of a preliminary plat shall be effective for twelve (12) months unless Council, at the request of the subdivider, grants an extension. If a final plat has not been submitted for review within this time limit, approval of the preliminary plat shall expire and the preliminary plat shall be required to be resubmitted to the Planning Commission for reapproval. (Ord. 62-2023. Passed 1-16-24.)
(a) Purpose. The subdivider, having received approval of the preliminary plat of the proposed subdivision, shall submit a final plat of the subdivision and drawings and specifications of the improvements required therein. The final plat shall conform to the approved preliminary plat and shall have incorporated all changes required in such approval. The final plat for a phased project may constitute only the portion of the approved preliminary plat that the subdivider proposes to record and develop at that time.
(b) Submission Requirements. The subdivider shall prepare the final plat for record purposes in accordance with the following:
(1) Application. An application for approval of a final plat shall be submitted to the Zoning Administrator, on forms provided by the Zoning Administrator, together with the required number of copies of the plat and the supplemental submission material required by this section.
(2) Form. The final plat shall be:
A. Drawn or printed on mylar or other material of equal permanence.
B. Drawn in India ink, Auto Cad or other method approved by the City Engineer.
C. Drawn at a scale of not less than 1"=100'.
D. On one (1) or more sheets, each measuring eighteen (18) inches by eighteen (18) inches in size. A borderline shall be drawn around the entire sheet, leaving a margin of one inch from the edge of the sheet. If more than one (1) sheet is needed, each sheet shall be numbered, the relation of one (1) sheet to another clearly shown, and the number of sheets used shall be set forth in the title of the plat.
(3) Identification. Each plat, map and accompanying data shall contain the proposed name of the subdivision. The name shall not approximate, phonetically or otherwise, the name of any other subdivision in the City. Each map shall include a north point, scale and date. All documentation shall contain the names and addresses of owner, developer, and the engineer or other technician who prepared the documentation, and the preparation date and any dates of revision thereto. The plat shall indicate its location by section or by other survey number and the graphic scale,
(4) Contents. The final plat shall contain the following information. All dimensions, angles, bearings and similar data on the plat shall be tied to primary control points, and the locations and description of such control points shall be given.
A. Existing conditions. A map(s) indicating the following existing conditions.
1. Municipal, township, county or lot lines accurately tied to the lines of the subdivisions by distance and angles.
2. The lines, name and right-of-way width of all existing streets and alleys.
3. The location of all adjoining properties, the names and addresses of the owners of adjoining properties and the lines of adjoining streets and alleys with their widths and the name of all streets.
4. The location of all survey monuments and/or iron pins.
5. The location of all easements provided for public use, services or utilities.
B. Proposed conditions. A plat illustrating the following details pertaining to the proposed subdivision.
1. Boundaries of the proposed subdivision indicated by a heavy, solid line and the approximate acreage comprised therein and the bearing and distances of the boundary lines.
2. All lot lines together with an identification of all lots, identified by number, and blocks, identified by number or letter.
3. The location, name and right-of-way width of proposed streets.
4. The accurate outline of any portions of the property intended to be dedicated or granted for public use, with the purpose indicated thereon.
5. Certification on the plat of title showing that the applicant is the owner and acknowledgement of any restrictions including dedication to public use of all streets, alleys, parks or other open spaces shown thereon and the granting of easements required.
6. The minimum front building setback lines accurately shown with dimensions, the width of each lot at such building line, and the square footage of each lot.
7. A table showing the total acreage contained in the subdivision, the acreage in lots and the acreage in roads. If the subdivision is in two (2) or more lots, then the above-mentioned acreage shall be shown for each lot.
8. The purpose for which sites, other than residential lots, are dedicated or reserved.
9. All dimensions, both linear and angular, necessary for locating the boundaries of the subdivision and lots and the right-of-way of streets, alleys, easements and other areas for public or private use. Linear dimensions are to be given to the nearest hundredth of a foot.
10. The radii, arcs or chords, points of tangency and central angles for all curvilinear streets and radii for rounded corners.
11. The location of all new or proposed easements provided for public use, services or utilities.
12. The certificate of a registered surveyor attesting the accuracy of the survey and the correct location of all monuments shown.
13. Spaces for the signatures of the owners of the property, the chairman of the Planning Commission, Council, the City Engineer, the County Auditor, the County Recorder and a Notary Public.
14. Spaces for the signature of the Clerk of Council, ordinance number, and date of passage.
15. Protective covenants. Protective covenants and restrictions governing the maintenance and insurance of any common areas or proposed easements or grants for public utilities in final form, placed directly on the plat, or referenced by volume and page if recorded separately.
C. Additional Submissions.
1. Certification by the County Auditor that there are not unpaid taxes or assessments upon any part of the area within the subdivision.
2. Calculations showing the error of linear closure, which error shall in no case be greater than one in 5,000.
3. Request for waiver. If any irregularities or waivers or improvements are to be requested by the developer, the developer shall submit a letter identifying the request.
4. Other data. Other data, certificates or affidavits, as may be required by the Planning Commission in the enforcement of these regulations.
(c) Approval Procedures. The final plat shall be submitted, distributed for review and acted upon according to the procedures set forth in this Section.
(1) Submission. The original and two (2) prints of the final plat, together with the required additional information shall be submitted to the Zoning Administrator.
(2) Review for Completeness. The Zoning Administrator shall review the submitted application for completeness and compliance with the applicable submission requirements. If the application is deemed insufficient, the Zoning Administrator shall within 10 business 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 Zoning Administrator shall officially accept the application for consideration and place it on the Planning Commission's agenda.
(3) Distribution of Plans. When the Zoning Administrator determines that an application is complete, the Zoning Administrator shall forward copies of the complete application to the proper agencies, departments or other appropriate individuals or organizations for review and report. Such agencies, departments, individuals or organizations shall review the application and submit his or her recommendations to the Zoning Administrator within 10 business days from the date the application is deemed complete.
A. Review by City Engineer. Two (2) prints of each plat shall be transmitted to the City Engineer. The City Engineer shall review the final plat application to determine conformity to the approved preliminary plat and any special conditions or modification stipulated, the correctness of mathematical data and computations; and conformity with any master plans for utilities and streets, and the grading and construction standards in effect in the City.
B. Review by City Attorney. The City Attorney shall review the covenants and restrictions required for the insurance and maintenance of common areas and easements and the financial guarantees required for the installation and maintenance of the improvements.
C. Notation of Zoning Compliance. The Zoning Administrator shall review the plat for compliance with the zoning.
(4) Action by the Planning Commission. The Planning Commission shall act within forty-five (45) days from the date at which the final plat application was deemed complete unless an extension is mutually agreed to by the applicant and the Planning Commission. If the Planning Commission fails to act within the time period, the final plat shall be deemed to have been approved.
A. Criteria for approval. The Planning Commission shall approve the final plat when:
1. The final plat and its supplemental elements conform to the approved preliminary plat, including the layout of streets, number of lots, amount and percentage of open space, etc. and incorporates all changes required in the preliminary plat approval.
2. The City Engineer has approved the construction drawings for the proposed roads, sewer and water systems and other proposed public facilities and either the improvements are installed or Council has approved a financial guarantee.
3. The City Attorney has approved the covenants and restrictions regarding maintenance and insurance of common areas and any proposed easements or grants for public utilities.
4. The application complies with the provisions set forth in these subdivision regulations and this Planning and Zoning Code. If a zoning change is involved such change shall be approved prior to approval of a final plat.
5. All computations, certifications, and monuments are accurately noted on the plat, including all required certifications for water and sewer improvements.
B. Action. The Planning Commission shall take one of the following actions:
1. Approve the final plat.
2. Approve the final plat with modifications. The Planning Commission may require such changes or revisions as are deemed necessary to the welfare and needs of the community. If the final plat is recommended for approval with modifications, the nature of the modifications shall be indicated in writing.
3. Disapprove the final plat, in which case, the reasons for such disapproval shall be stated in writing.
C. Disapproved plats. In the event the Planning Commission disapproves the final plat, it shall state in writing the reasons for disapproval.
D. Approved plats. An approved final plat shall be endorsed by the chairman of the Planning Commission. Approval of the plat by the Planning Commission shall not constitute acceptance by the City of the dedication of any street or other public way or ground.
E. Recommendation to Council. The Planning Commission shall act upon the final plat and submit a recommendation to Council.
(5) Council Action. Upon notification of the Planning Commission's recommendation on the final plat, Council shall legislatively accept or reject such final plat. Council's acceptance shall be indicated by the signature of the Clerk of Council, the ordinance number, and include the date of passage.
A. If the final plat indicates land for public use, said land and easements shall be indicated on the plat submitted to Council for approval of dedication.
B. The acceptance of any street or utility for public use and maintenance shall be by separate action of Council as indicated in Chapter 1133.
(6) Resubmission of Disapproved Final Plat. If a final plat is disapproved such plat may be modified to address the reasons stated for disapproval and resubmitted for review by the Commission within ninety (90) days of the Commission's action at no additional fee.
(7) Recording. The final plat with the necessary approvals endorsed thereon in writing, shall be filed for recording in the office of the County Recorder. If the final plat is not recorded within the below referenced timeframes, it shall again be submitted to the Planning Commission for approval. The final plat shall be recorded within three (3) months after:
A. Approval of the final plat by the Council.
B. The time set for completion of the improvements lapses.
(Ord. 62-2023. Passed 1-16-24.)
(a) Purpose. Notwithstanding the foregoing provisions, a proposed division or creation of a parcel of land as a minor subdivision shall be reviewed and approved according to the following.
(b) Determination of Minor Subdivision. Approval of a minor subdivision may be granted by the Zoning Administrator if the proposed division of a parcel of land meets all of the following conditions:
(1) Not more than five (5) lots have been created from the original tract within the last five (5) years. The original tract for any parcel of land shall be defined by the plot as shown by the Williams County Auditor 's tax maps, a copy of which is maintained in the Office of the Williams County Auditor;
(2) The proposed subdivision is not contrary to any applicable subdivision or zoning regulation;
(3) The proposed subdivision is located along an existing public road and involves no opening, widening or extension of any street or road;
(4) The proposed subdivision does not involve the installation of an underground public utility; and
(5) Existing sewage and storm sewers, water mains and other utilities and drainage are adequately provided for each house or building.
A. If the plat is used as a building site, evidence shall be submitted showing the approval of the City Engineer for any proposed sewage treatment facilities on the premises.
B. If the plat is used as a building site, written evidence shall be submitted indicating the purchaser's awareness of and proposed resolution of any potential drainage problems on the property. The site shall comply with the design and improvement standards set forth in Chapter 1133.
C. Each lot shall be provided with a tap-in to the existing utilities.
(c) Replats. Replatting of two (2) to five (5) lots into one lot shall be considered under the minor subdivision regulations. The replatting of six (6) or more lots into one lot shall comply with the Subdivision Regulations for preliminary and final plats.
(d) Lot splits. The creation of a new lot from a portion of an existing lot shall be considered under the minor subdivision regulations.
(e) Submission Requirements. The applicant for minor subdivision approval shall submit an application to the Zoning Administrator. The application shall include the following:
(1) A proposed deed with a description following a survey prepared by a person licensed to make surveys in Ohio showing the property to be deeded, the tract designation or other description according to the real estate records of the Auditor's Office, the boundary line of the tract to be deeded, accurate in scale.
(2) A map indicating the drainage of the property and any watercourses on the property
(3) The Zoning Administrator may require the applicant to submit any additional information he or she deems relevant to the proposal.
(f) Approval Procedures. If approval is given under such conditions, the Zoning Administrator shall approve such proposed division and, upon presentation of a conveyance for such parcel, shall date the conveyance and stamp thereon the following words: "Approval by the City of Bryan, Williams County, Ohio, no plat required." The Zoning Administrator shall sign the conveyance. If such conveyance is not recorded within 180 days from the date of approval, such approval shall automatically become void. (Ord. 62-2023. Passed 1-16-24.)
Whenever the tract to be subdivided is of such unusual size or shape or is surrounded by such development or unusual conditions that the strict application of the requirements contained in the Subdivision Regulations would result in real difficulties or substantial hardship or injustice, the Planning Commission may vary or modify such requirements so that the subdivider may develop their property in a reasonable manner, but so that, at the same time, the public welfare and interests of the City and surrounding area are protected and the general intent and spirit of these regulations preserved. Exceptions or modifications to the zoning standards shall be approved according to the procedures set forth in Chapter 1183 of this Planning and Zoning Code.
(Ord. 62-2023. Passed 1-16-24.)
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