(a) Purpose. The purpose of the major subdivision review process is to ensure compliance with this Code while promoting the appropriate development of the City as provided for in the purpose of this Code.
(b) Major Subdivision Determination and Applicability. A major subdivision shall include any subdivision that includes the construction of a public roadway, that does not meet the requirements of a minor subdivision (See Section 1165.04
Minor Subdivision), or that includes the improvement of one or more parcels of land for residential, commercial, or industrial structures, or groups of structures which ultimately are to be jointly owned under a recorded condominium property declaration under the provisions of ORC Chapter 5311.
(c) Initiation. Any person having authority to file applications may initiate an application for a major subdivision pursuant to Subsection 1165.02(a) Authority to File Applications.
(d) Procedure. The review procedure for a major subdivision shall be as follows:
(1) Step 1 - Pre-application Meeting.
A. The applicant shall meet with the Planning Commission or its designated representatives prior to submitting an application for review of a preliminary or final plat.
B. The purpose of this meeting is to discuss early and informally the purpose and effect of this Code and the criteria and standards contained herein, and to familiarize the applicant with the comprehensive plan and any other City plans including the major thoroughfare plan, access management standards, the parks and public open space plan, the flood plain regulations, and the drainage, sewerage and water systems of the City.
C. The applicant shall supply preliminary information to the Zoning Commissioner in a form established by the engineering division for use at the pre-application meeting.
D. At the close of this meeting, the applicant shall be advised of his or her right, provided that all other prerequisites have been fulfilled, to submit one of the following:
1. A preliminary review plat, at the applicant's option, for the purpose of further consultation with City planning officials, pursuant to Subsection 1165.05(d)(3), below; or
(2) Step 2 - Application and Filing of Preliminary Plat.
A. At the applicant's option, an application shall be submitted in accordance with Section 1165.02 Common Review Requirements and with the provisions of this chapter. Plats submitted for preliminary review will not cause the statutory approval period mandated by ORC 711.09 to expire. Such submissions are strictly for the purpose of further consultation with City planning officials.
B. The application for preliminary plat submission shall be submitted to the Zoning Commissioner not less than 21 days prior to the Planning Commission meeting at which the applicant requests review to allow for proper notice to surrounding land owners.
1. The Planning Commission may consider a preliminary plat at a regular or duly convened special meeting held less than 21 days following the filing of the application upon approval of a majority of the Planning Commission provided, however, that the 21-day notice provision shall not be waived unless written consent to the conduct of proceedings on the date and at the time and place proposed is filed by the owners of all lands located within 200 feet of the lands described by the proposed plat prior to consideration of the application.
C. The Clerk of Planning Commission shall forward copies of the preliminary plat to any officials and agencies as may be necessary for the purpose of study and recommendation.
(3) Step 3 - Review and Decision on the Preliminary Plat by Planning Commission.
A. The Planning Commission shall review and decide on the preliminary plat at a public meeting.
B. The Planning Commission shall determine if the preliminary plat shall be approved, approved with modifications, or disapproved within 30 days of filing unless the time is extended by agreement with the applicant.
C. Approval of the preliminary plat shall be conditional on compliance with all other applicable statutes, ordinances, and regulations of the City. (Ord. 7675. Passed 11-11-14.)
D. Effect of Approval.
1. The approval of the preliminary plat shall guarantee that the terms under which the approval was granted will not be affected by changes in this Code during the approval period.
2. The approval of the preliminary plat shall be effective for a maximum period of twenty-four months from the date of approval by the Planning Commission.
(Ord. 8460. Passed 11-22-22.)
E. Final Plat Required.
1. Either after the pre-application meeting or upon completion of the preliminary plat submission process, the applicant shall submit a final plat of the subdivision pursuant to the requirements outlined herein.
2. If a preliminary plat covering the subdivision has been approved by the Planning Commission, a final plat submitted shall conform to the preliminary plat as approved by the Planning Commission.
3. A final plat may be filed which constitutes only that portion of the approved preliminary plat which the applicant proposes to record and develop at the time.
F. Appeal of a Decision by Planning Commission to City Council.
1. If Planning Commission denies the application for a preliminary plat, the applicant may appeal the decision to City Council within 20 days of the Planning Commission's decision.
2. An appeal pursuant to this section shall be initiated by filing a written appeal of the Planning Commission decision with the Clerk of Planning Commission.
3. The applicant shall submit an application in accordance with Section 1165.02 Common Review Requirements.
4. Upon receiving the written appeal of the Planning Commission's decision on a preliminary plat, the Clerk of the Planning Commission shall transmit the written appeal with all papers, documents, and other materials related to the appealed decision or determination to City Council. This material shall constitute the record of the appeal.
5. The City Council shall hold a public hearing to hear the appeal.
6. The City Council shall render a decision on the appeal without unreasonable delay. The Clerk of Council shall notify the appellant in writing of the decision of the City Council.
7. 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.
(4) Step 4 - Filing of the Final Plat.
A. An application shall be submitted in accordance with Section 1165.02 Common Review Requirements and with the provisions of this chapter.
B. Upon determination by the Zoning Commissioner that the final plat has been properly submitted, the final plat shall be accepted as being filed.
C. The filed application, plats, and any supplemental information shall be filed not less than 15 days prior to the regular monthly meeting of the Planning Commission.
D. The Clerk of Planning Commission shall schedule such application for consideration at the next Planning Commission meeting and shall stamp the application and related documents as officially filed with the date of the Planning Commission meeting at which the plat will be first considered by the Planning Commission.
E. Submission of the Improvement Plan.
1. The applicant's engineer shall prepare improvement plans, which shall conform to the approved preliminary plat, if applicable, and include all work to be performed. In cases where the applicant proposes to develop the subdivision in phases, improvement plans shall be submitted for each individual phase.
2. The applicant shall supply the improvement plans to the Zoning Commissioner in a form and number established by the engineering division.
3. If the applicant finds, in the process of preparing improvement plans, that the approved preliminary plat is not workable and changes in layout are required, the applicant shall inform the Zoning Commissioner. The Zoning Commissioner may require that a revised preliminary plan be submitted for re-approval following Steps 2 through 3 above.
4. The final plans and specifications of improvements shall be a set of construction and utility plans prepared by a registered professional engineer. The improvement plans shall be approved in advance by the City Engineer before the completion of the plans.
(5) Step 5 - Staff Review and Staff Report on the Final Plat.
A. Upon determination that the application for a final plat is complete, the Zoning Commissioner shall transmit copies of the application for review by the City Engineer and other applicable agencies the Zoning Commissioner deems appropriate.
B. The City Engineer and agencies shall supply comments and recommendations to the Zoning Commissioner a minimum of 15 days prior to the regularly scheduled Planning Commission meeting where the final plat will be reviewed.
C. Prior to the Planning Commission meeting where the final plat is scheduled for review, the Zoning Commissioner shall review the final plat and prepare a staff report.
(6) Step 6 - Staff Review and Decision on the Improvement Plans.
A. The Zoning Commissioner shall distribute copies of the improvement plans to the City Engineer and, where applicable, the applicant shall submit the improvement plans to the agencies having jurisdiction for sanitary sewer or water, the Ohio Environmental Protection Agency (EPA), and any other applicable agencies.
B. The review agencies shall provide comments and recommendations on the improvement plans to the Zoning Commissioner.
C. A copy of the improvement plans shall be marked and returned to the applicant's engineer for corrections, if necessary.
D. If found to be satisfactory by the City Engineer, the original tracing shall be submitted for approval signature by the Zoning Commissioner, City Engineer, and the agencies having jurisdiction over sanitary sewer or water (where applicable).
E. Improvements shall not be constructed until such time as the City has accepted the final plat and performance bond, and the City and other applicable agencies have approved the improvement plans. The applicant is required to participate in a pre-construction meeting and file all bond documents with the City Engineer prior to commencing construction of improvements.
(7) Step 7 - Review and Recommendation on the Final Plat by the Planning Commission.
A. The Planning Commission shall hold a public meeting to review and make a recommendation on the final plat. The Planning Commission shall take one of the following actions:
1. The Planning Commission shall give a favorable recommendation on the final plat before any required improvements are installed pursuant to the improvement plans, authorizing its secretary, or any other officer of the Planning Commission, to indicate such approval and the date on the tracing of the final plat.
2. If the improvement plans have not been approved by the City Engineer (Step 6) by the time of the Planning Commission's scheduled meeting, the final plat may be placed on the agenda for the next Planning Commission meeting for action.
3. Should the Planning Commission deny the final plat, written notice of such action, including reference to the regulation or regulations not complied with by the plat, shall be given to the applicant and the applicant's engineer and/or surveyor. The action shall also be entered on the official records of the Planning Commission.
B. The Planning Commission shall approve, approve with modifications, or disapprove the final plat within 30 days from the filing date.
C. The chairperson of the Planning Commission shall certify the final plat by signing and dating the final plat upon recommendation of approval from the Planning Commission.
D. If the final plat includes land to be dedicated to the public use, the plat shall, before it is recorded, be submitted to the City Council for the acceptance of the land.
(8) Step 8 - Review and Decision on the Final Plat by the City Council.
A. After full compliance with this section, the Clerk of Planning Commission shall request the Clerk of Council to prepare the necessary legislation for City Council for introduction no later than 60 days of the recommendation of Planning Commission.
B. Council shall review the final plat with access to the files of the Planning Commission.
C. If approval is given, the plat and any appropriate documents shall be signed by the Mayor and Clerk of Council upon passage of the acceptance legislation by City Council.
D. All drawings shall be returned to the Planning Commission after approval by City Council. The Zoning Commissioner shall notify the applicant of the action by City Council by mail within five days after the action by City Council. The original tracing shall be returned to the applicant for recording in the Defiance County Recorder's office.
E. The City defined its policy to be that the City will withhold all public improvements of whatever nature, including the maintenance of streets and the furnishing of sewage facilities and water service, from all subdivisions which have not been approved, and from all areas dedicated to the public which have not been accepted by the legislative authority in the manner prescribed herein.
(e) Review Criteria.
(1) In order to approve a major subdivision, the Planning Commission shall determine the following:
A. That the major subdivision complies with all applicable provisions of this Code.
B. That the major subdivision does not conflict with other regulations, plans, or policies of the City.
C. That applicable review agencies have no objections that cannot be resolved by the applicant.
D. That the major subdivision is not otherwise contrary to the interest of the City.
(2) Planning Commission shall not disapprove a final plat if the applicant has done everything required and has proceeded in accordance with the code standards and/or conditions specified in an approved preliminary plat.
(f) Submission to Ohio Director of Transportation. Before any plat is approved affecting 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 Ohio Director of Transportation, or any land within a radius of 500 feet from the point of intersection of such centerline with any public road or highway, the Planning Commission shall give notice, by registered or certified mail, to the Director of Transportation. The Planning Commission shall not approve the plat for 120 days from the date the notice is received by the Director. If the Director notifies the Planning Commission that he or she shall proceed to acquire the land needed, then the Planning Commission shall refuse to approve the plat. If the Director notifies the Planning 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 Director and the property owner, the Planning Commission shall, if the plat is in conformity with this Code, approve the plat.
(g) Estimated Cost. Upon approval of the improvement plans by the City Engineer, and before starting any construction work, the developer's engineer shall prepare and submit to the City Engineer and/or the agencies having jurisdiction over sanitary sewer or water (where applicable), an independent estimate of costs, by item, for construction surveying; construction of roads, storm and sanitary sewers, sanitary treatment plants, pumping stations and water supply systems; drainage structures; erosion control, storm water management basins, restoration of land and site clean-up; and other related items. The City Engineer and/or the agencies having jurisdiction over sanitary sewer or water (where applicable), may add to the developer's estimate an amount to cover contingencies, including inspection costs, to arrive at the total estimated cost. The approved total of estimated costs shall be the basis for the establishment of the performance bond amount.
(h) Escrow and Bonding Requirements.
(1) Improvements or Guarantee Required Prior to Final Plat Approval.
A. All improvements required in accordance with this Code shall be constructed prior to the granting of final plat approval by Planning Commission, or the applicant shall, if approved by the Planning Commission, furnish the City with a performance bond or escrow agreement for the estimated construction cost for the ultimate installation, as provided herein, and additionally shall provide a bond guaranteeing workmanship and materials.
(2) Escrow Agreements and Performance Bonds.
A. Council shall not accept as public streets any streets or public ways which are designated as such on plats or which are hereafter platted, until or unless all necessary water mains, sanitary sewers, storm sewers, paving or other improvements which are required have been installed or constructed, or until or unless an escrow agreement from any of the area commercial or savings and loan banks guaranteeing to the City that funds are available to pay the cost of such improvements, including all costs and expenses in connection therewith, have been deposited with the Finance Director.
B. In lieu of the escrow, a performance bond with surety or sureties sufficient to pay the cost of installing or constructing the improvements, including all costs and expenses in connection therewith, may be filed with the City Engineer.
C. The escrow agreement or performance bond shall be approved by the City Engineer as to surety, by the Law Director as to form and by the City Administrator as to the amount to pay the cost of constructing the improvements, including all costs and expenses in connection therewith.
D. The escrow agreement or performance bond shall have included therein that the construction and installation of the improvements required will be completed in their entirety within two years from the date of the escrow agreement or bond execution, with the exception of any required sidewalks which, from the date of escrow agreement or bond execution, will be completed in their entirety within a period not to exceed five years or at the time when 75% of the lots are improved with structures thereon, whichever occurs first.
E. If such improvements are not completed within two years from the date of the escrow agreement or bond execution, or for sidewalks, as specified in this section, the applicant who presents the plat for approval and recording, shall authorize the City to make such installations, complete such improvements and pay for them with funds so guaranteed.
F. When Council is requested to accept as public streets, alleys and public ways those as may be designated on a plat, such matter shall be referred to the City Administrator for determination as to the character and extent of the necessary improvements, and as to whether or not such necessary improvements have been installed or constructed, including all costs and expenses in connection therewith if improvements have not been installed or constructed in such territory.
G. The cost of necessary engineering and testing shall be determined by the City Engineer and shall be charged against and collected from the applicant who presents the plat for approval and recording.
H. The City Administrator may adopt such administrative rules, including the partial release of funds herein authorized to be deposited, as in his or her opinion shall be necessary and requisite for the execution of the intention of this section.
(3) Workmanship Bonds.
A. In addition to the escrow agreement or performance bond guaranteeing the installation or construction of improvements, each applicant shall furnish to the City a bond guaranteeing workmanship and materials for a period of two years after the work has been accepted by the City.
B. If the contractor furnishes the applicant a bond guaranteeing workmanship and materials for a period of one year after the work has been accepted by the City, then it shall be permissible, to satisfy the requirements of this section pertaining to guaranteeing workmanship and materials, that the contractor's bond to the subdivision also names the City as a cobeneficiary of the bond.
(i) Filing and Recording.
(1) After all required approvals are secured, the final plat shall be returned to the applicant for final recording with the Defiance County Recorder.
(2) No plat of any subdivision shall be recorded, or have any validity, until the plat has received final approval as prescribed in this section.
(j) Amendments.
(1) Major Changes to an Approved Plat.
A. Major changes to an existing subdivision, modifications to an approved improvement plan, or revisions to an approved preliminary or final plat for a tract of land in which development has not already begun or is not yet completed, in light of technical or engineering considerations, shall include the following:
1. A significant change in density or intensity.
2. Changes in the outside boundaries of the subdivision.
3. Significant modification of the type, design, location, or amount of land designated for a specific land use or open space.
4. Modifications to the internal street and thoroughfare locations, design, or alignments which significantly impact traffic patterns or safety considerations; or significant modifications to the locations or design of connections to the external street network.
B. No major change shall be made in any plat of a subdivision after approval has been given by the Planning Commission and endorsed in writing on the plat, unless the plat is resubmitted to the Planning Commission pursuant to Subsection 1165.05(d)(4).
(2) Minor Changes to an Approved Plat. All modifications from an approved preliminary plat or minor changes to an approved final plat not determined to be major changes as described above shall be submitted to the City Engineer for review and approval by the City Engineer and necessary agencies.
(3) If it becomes necessary to modify the improvement plans as approved due to unforeseen circumstances, the subdivider shall inform the Zoning Commissioner who shall consult with the City Engineer and the agencies having jurisdiction over sanitary sewers or water (where applicable), in writing, of the conditions requiring modifications. Written authorization from the appropriate review agency to make the required modification must be received before proceeding with the construction of the improvement.
(4) the City Engineer shall review proposed changes and determine whether such changes are major or minor based on the standards of this section.
(k) Appeals. Whenever an applicant presenting a final plat for a major subdivision to the Planning Commission has been rendered a decision from the Planning Commission which is adverse to the request of the applicant, the aggrieved applicant may appeal the decision to any court with jurisdiction within 10 days of the decision of the Planning Commission.
(l) Variance of Subdivision Design and Improvement Standards.
(1) The Planning Commission may consider and grant variances from the standards identified in Chapter 1167 Subdivision and Improvement Standards where unusual or exceptional factors or conditions require such modification, provided that the Planning Commission shall:
A. Determine that the size, shape, location, or surroundings of the property are unusual and that unusual topographical or physical conditions or other conditions inherent in the land exist;
B. Determine that a strict compliance with the provision would create an extraordinary and unnecessary hardship in the face of the exceptional conditions;
C. Permit any variance of a provision only to the extent necessary to equitably remove the hardship so that substantial justice is done;
D. Determine that any modification granted will not be detrimental to the public interest nor in conflict with the spirit, intent, and purpose of Chapter 1167 Subdivision and Improvement Standards;
E. Require such other conditions to be met by the proposed plat as the Planning Commission may find necessary to accomplish the purposes of this Code, when modified; and
F. Determine that a strict compliance with the provision would deprive the property of privileges enjoyed by similar properties in the vicinity.
(2) In making its determinations, the Planning Commission may also consider:
A. Whether the property will yield a reasonable return or whether there can be any beneficial use of the property without the variance;
B. Whether the essential character of the neighborhood will be altered or whether adjoining properties would be adversely affected as a result of the variance;
C. Whether the variance would adversely affect the delivery of governmental services; and
D. The recommendation of the City Engineer and Zoning Commissioner.
(Ord. 7675. Passed 11-11-14.)