(a) A Minor Subdivision or lot split is a division of a parcel of land that is approved by Planning Board and does not require a plat.
(b) General Submittal Requirements: The following general requirements shall apply:
(1) Each request for a subdivision shall include an application form, provided by the City, with the submittal;
(2) The TRC shall make the determination as to completeness, and only complete applications shall be processed by the City;
(3) The City Engineer may request additional supporting information that in his professional judgment is necessary to fully explain the applicant’s proposal. The applicant shall supply the requested additional information;
(4) Legal Description of property or portion thereof;
(6) The name(s), address(s), and telephone numbers of the applicant(s), and the property owner(s) if other than the applicant(s) with a notarized letter of authorization from the property owner; and
(7) A list of all owners of property that are contiguous to the parcel or lot proposed to be subdivided or that are across the street from it. (The list shall based upon the Preble County Auditor’s current tax lists).
(c) Specific Submittal Requirements: In order to be complete and to be accepted for review and processing, all Minor Subdivision proposals must be legible and include a Site Plan that shows all of the following information:
(1) Location and size of existing and proposed parcels, including date of creation of existing parcel to be split;
(2) North arrow and bar scale;
(3) Locational information including: location map; adjacent or frontage roads; adjacent parcel ownership; proposed easements of access; etc.;
(4) Acreage of all proposed lots and acreage of all remaining property resulting from the division of the original parcel, including existing and proposed boundaries;
(5) Proposed building envelope, building footprint and proposed site drainage and grading may be required by the TRC if existing data indicates a situation where development constraints should be addressed in detail sufficient for approving the development proposal;
(6) Site drainage and 100-year floodplain (floodway and floodway fringe, elevation and boundaries);
(7) Steep slopes, ravines, drainage swales, and all other natural features;
(8) All other natural and built features or conditions that in the determination of the City Engineer are directly relevant to the ability of the proposed lot(s) to be buildable per these regulations. Existing topography at two-foot intervals for slopes under ten percent (10%) and 10-(ten) foot intervals for slopes ten percent (10%) or greater or as approved by the TRC if topographic characteristics of the site and/or adjacent properties indicate a situation where development constraints should be addressed in detail sufficient for approving the development proposal; and
(9) Any and all proposed easements, reserves or no-build zones.
(d) Procedure: Before any land is subdivided the owner of the property proposed to be subdivided, or his/her/its authorized agent, shall apply for and secure approval of the proposed minor subdivision in accordance with the following procedures:
(1) Pre-application Meeting: If recommended by the City Engineer, the Developer/Subdivider shall meet with the City Engineer and the TRC, and any other City staff the City Engineer deems appropriate, prior to submitting a Minor Subdivision for consideration by the Planning Board.
(2) Review by the TRC: Upon receipt of an application, the City Engineer shall forward the application to the TRC. The TRC shall review the application for completeness, and if the application is incomplete, shall advise the applicant of the deficiencies and inform the applicant that no further action will be taken on the application until all necessary and required information has been provided. If the application is deemed complete and the application fee has been paid, the TRC shall recommend to the City Engineer that the City officially accept the application. Only complete applications will be forwarded to the Planning Board.
(3) Preparation of Staff Report: The City Engineer shall prepare a staff report providing an analysis of the proposal and a recommendation. The City Engineer shall consider comments from the TRC in formulating his recommendation. The application and all supplemental information filed with the application shall be forwarded to the Planning Board at least three (3) working days prior to the meeting at which the Planning Board will consider the application. At said meeting, the City Engineer shall present his report to the Planning Board.
(4) Notice of Public Hearing Before Planning Board: Upon determination by the TRC that an application and Site Plan contains all the necessary and required information, the City Engineer shall place the application and Plan on Planning Board’s agenda and schedule a public hearing on the proposed subdivision. Notice of the hearing shall be provided at least once in one or more newspapers of general circulation in the City. The notice shall be published at least five (5) days before the date of the hearing. The notice shall state the time and place of the hearing and a summary of the proposed application and Preliminary Plat. The application and Plat shall be kept on file for public examination in the office of the City Engineer.
(5) Notice to Property Owners of Public Hearing Before Planning Board: If the proposed subdivision intends to apply to ten (10) or less parcels of land, as listed on the tax duplicate, written notice of the public hearing shall be provided to all owners of property that are contiguous to the parcel or lot proposed for the subdivision or that are across the street from it. The applicant shall provide to the City Engineer a list (based upon the Preble County Auditor’s current tax lists) of the owners of property that are contiguous to the parcel or lot proposed for subdivision or that are across the street from it. Such notice shall be sent by the City via regular mail, at least seven (7) days before the date of the hearing, addressed to the owners appearing on the list provided by the applicant and as verified by City staff. If an application is tabled at the request of the applicant, or due to incompleteness of the application submitted by the applicant, and the public hearing postponed, the cost of mailing the required further notices shall be borne by the applicant.
(6) Action by Planning Board: The Planning Board shall review the application and Site Plan and either approve the Minor Subdivision as submitted; approve the Minor Subdivision with modifications, or deny the Minor Subdivision. Written notice of Planning Board’s decision, including all conditions that may be associated with the decision, shall be transmitted to the applicant no later than ten (10) days after the date the decision was rendered. The written notice shall also include the findings of facts Planning Board made in rendering its decision.
(e) Standards for Approval: A Minor Subdivision application shall only be approved if Planning Board finds that all of the following standards are met:
(1) The proposed subdivision is not contrary to the applicable standards of the UDO;
(2) The proposed subdivision shall have adequate area to accommodate the building area and other site requirements;
(3) The property has been surveyed and an acceptable sketch, legal description and other information relating to the property has been submitted with the application;
(4) The proposed lots have been approved for access management and stormwater management; and
(5) The proposed lots have been approved relative to emergency access.
(Ord. 05-13. Passed 11-7-05.)