(a) Purpose. The purpose of the minor subdivision review process is to ensure compliance with this Code while allowing for the small-scale subdivision of land without the formalities of the platting approval procedure in circumstances where pre-existing development has substantially resolved issues relative to the adequacy and integration of street access, fire protection fixtures and sewer and water systems.
(b) Minor Subdivision Determination and Applicability. Approval without a plat in a minor subdivision may be granted by the City Engineer if the proposed division of the tract meets all of the following conditions:
(1) The subdivision would result in no more than five lots after the original tract has been completely subdivided.
(2) Each of the newly created lots would abut an existing public road or recorded access easement and would involve neither the opening or widening nor extension of any street or road, nor the integration of any access created within the parcel or other means of access.
(3) The proposed subdivision is not contrary to applicable subdivision or zoning regulations.
(4) The property has been surveyed and a plat and legal description of the property has been submitted with the application.
(c) Replats.
(1) Any minor subdivision that involves the consolidation of lots or the adjustment of boundaries between lots that are situated within existing platted subdivisions shall adhere to the procedures set forth in Subsection 1165.04(e) Procedure, and shall be subject to the review criteria set forth in Subsection 1165.04(f) Review Criteria, below.
(2) Any subdivision of land within a previously platted subdivision which results in one or more additional lots within that subdivision shall adhere to the procedures for an amendment to a major subdivision, as applicable, as set forth in Subsection 1165.05(j) Amendments, below.
(3) When a minor subdivision involves property in a designated flood plain, and two lots are created - e.g. Lot A and Lot B, with Lot B being in a flood plain - such lots shall be deed restricted to be sold together and to indicate that construction is not allowed on the lot in the flood plain, except in conformance with Chapter 1333 Flood Plain Construction Standards of the Codified Ordinances.
(d) Initiation. Any person having authority to file applications may initiate an application for a minor subdivision or replat pursuant to Subsection 1165.02(a) Authority to File Applications.
(e) Procedure. The review procedure for a minor subdivision shall be as follows:
(1) Step 1 - Application.
A. The applicant shall submit an application in accordance with Section 1165.02 Common Review Requirements and with the provisions of this chapter.
(2) Step 2 - Review and Comment by Applicable Agencies.
A. Upon determination that the application for a minor subdivision is complete, the City Engineer may transmit copies of the application for review by applicable agencies including, but not limited to, the Zoning Commissioner and the agencies having jurisdiction over sanitary sewer or water.
B. Such agencies may supply comments, recommendations, and approvals as applicable, to the City Engineer for consideration prior to the City Engineer's deadline (Step 3).
(3) Step 3 - Review and Decision by City Engineer.
A. Within seven days of the determination that the application is complete, the City Engineer shall review the application and approve or deny the application for a minor subdivision.
B. If the City Engineer denies an application for a minor subdivision, the City Engineer shall provide the applicant with written finding for the denial.
C. If the application is approved, the applicant shall be required to record the minor subdivision in accordance with Subsection 1165.04(g) Recording, below.
(f) Review Criteria. In order to approve a minor subdivision, the City Engineer shall determine the following:
(1) That the minor subdivision complies with all applicable provisions of this Code.
(2) That the minor subdivision does not conflict with other regulations, plans, or policies of the City.
(3) That applicable review agencies have no objections that cannot be resolved by the applicant.
(4) That the minor subdivision is not otherwise contrary to the interest of the City.
(g) Recording. If the City Engineer approves the minor subdivision without a plat, the deeds which effectuate it shall be stamped "Approved by Defiance Planning Commission, no plat required," and signed by the City Engineer.
(h) Park and Playground Fee Required. Prior to the approval of an application for a minor subdivision, the applicant must pay a park and recreation fee per Subsection 1167.13(b) Park and Playground Fee Required.
(i) Variances and Appeals.
(1) The City Engineer may not grant variances to code regulations. If a variance is necessary for a minor subdivision, such approval shall be obtained by the appropriate approval body prior to a decision by the City Engineer.
(2) If the City Engineer denies the application for a minor subdivision, the applicant may appeal the decision to the Planning Commission within 20 days of the City Engineer's decision.
(3) An appeal pursuant to this section shall be initiated by filing a written appeal of the administrative decision.
(4) The applicant shall submit an application in accordance with Section 1165.02 Common Review Requirements.
(5) Upon receiving the written appeal of the City Engineer's decision on a minor subdivision, the City Engineer shall transmit the written appeal with all papers, documents, and other materials related to the appealed decision or determination to the Planning Commission. The material shall constitute the record of the appeal.
(6) The Planning Commission shall hold a public hearing within 45 days of the filing of the appeal provided adequate notification is provided pursuant to Subsection 1165.02(g) Public Notification for Public Meetings.
(7) Any person affected by the appeal may appear at the public hearing and testify in person, or by attorney or agent.
(8) The Planning Commission shall render a decision on the appeal without unreasonable delay. The City Engineer shall notify the appellant in writing of the decision of the Planning Commission.
(9) A decision or determination shall not be reversed or modified unless there is competent, material, and substantial evidence in the record that the decision or determination fails to comply with either the procedural or substantive requirements of this Code.
(Ord. 7675. Passed 11-11-14.)