1101.01 PREAMBLE.

   Subdividing or platting is the usual means by which open land is converted into building sites. It consists of laying out such land into streets and lots and the installation of the street and sanitary improvements necessary to provide for traffic access and for water, sewer and other utility services. Subdividing is usually the first step in the process of urbanization and urban expansion.

(a)   Subdivision control is the exercise by public authority of the right to withhold the privilege of public record from subdivision plats which have been poorly or inappropriately designed, or which are not properly adjusted to the existing or potential development of adjoining areas or to the officially adopted Comprehensive Plan. Plats of new subdivisions and of resubdivisions must be approved by such authority before they may be admitted to the public record, which means before all or any part of such plats can be legally sold or otherwise conveyed.

(b)   The statutes of the State delegate control over subdivisions within the City to the Planning Commission, when the Commission has complied with certain requirements. More specifically, Ohio R.C. 711.09 provides, in part, that: "Whenever a City Planning Commission adopts a plan for the major streets or thoroughfares and for the parks and other public grounds of a City or any part thereof ... then no plat of a subdivision of land within such City or territory shall be recorded until it has been approved by such City Planning Commission and such approval be endorsed in writing on the plat."

(c)   The Charter of the City, moreover, provides the authority for the Planning Commission "to act as the Platting Commission of the City and to carry out powers and duties relating to platting as granted to it by the ordinances and resolutions of the City and the general laws of Ohio, to the extent such laws are not in conflict with and are consistent with this Charter and the City's ordinances and resolutions."

(d)   The Subdivision Regulations set forth in considerable detail the general principles of design and the minimum requirements for the layout of subdivisions; the street and block layout; minimum right -of-way widths for streets of various categories, alleys and easements for utilities; minimum roadway widths, maximum street grades, minimum sight distances, the treatment of intersections; the sizes, shapes and layout of lots; recommendations with respect to recreational and other desirable open spaces; provisions for drainage, storm water management and sedimentation control; street trees and other improvements.

(e)   An important general requirement stipulates that a subdivision be so designed as to provide for all public facilities which directly affect the tract to be platted. In general, these may include highways and thoroughfares, sites for schools, parks, playgrounds and other public facilities. The layout of a subdivision is required to conform also with the provisions of the Zoning Ordinance, as these will determine the kind of street layout, lot sizes, and other features of interior design appropriate for the subdivision.

(f)   All existing and proposed thoroughfares shown on the Thoroughfare Plan as crossing or bordering a proposed subdivision are required to be provided in the general location and at the width designated on the Plan.

(g)   Other principles of design and minimum requirements and standards pertain largely to the internal layout and development of the subdivision. The location, alignment and width of the street; block length; lot sizes and arrangements; and the extent and character of street and utility improvements to be installed are mainly involved. The purpose of these Regulations is to obtain, through compliance with widely recognized up-to-date principles of design and the installation of street and utility improvements of acceptable standards, healthful, safe and otherwise desirable conditions for the future users of the subdivision.

(h)   The requirement of the installation of street and sanitary improvements prior to building construction is among the most important provisions of the Subdivision Regulations. These installations are essential to secure the health and safety of the future users of the subdivision, the larger neighborhood, as well as the community.

(i)   In order that such requirements may not work a hardship on the developer in case of a large tract, the Regulations permit him to limit the installation of improvements to a portion of the subdivision, no matter how small, provided this conforms with the preliminary plat of the whole subdivision as tentatively approved. The Subdivision Regulations stipulate the technical features to be shown, and the manner in which these are to be shown, in both the preliminary and final plat. These requirements, as well as the purposes to be served, are self-explanatory and should require no elaboration.

(j)   Finally, it is recognized that there may be exceptional situations where the strict application of the general standards or requirements may cause practical difficulty or undue hardship. In such cases, the Planning Commission has the authority to vary the rules to relieve such hardship or difficulty, provided the relief may be granted without substantial detriment to the public good or without impairing the desirable general development of the community.
(Ord. 141-83. Passed 9-26-83.)