(1) 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.
(2) 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, 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 R.C. Ch. 5311.
(3) Initiation. Pursuant to § 157.047(1), any person having authority to file applications may initiate an application for a major subdivision.
(4) Procedure. The review procedure for a major subdivision shall be as follows.
(A) Step 1 - preapplication conference.
1.) The applicant shall meet with the Planning Department for a preapplication conference before submitting an application for a major subdivision.
2.) The applicant shall supply preliminary information to the Planning Department in a form established by the Department. Such information shall be submitted at least three business days prior to the preapplication conference.
3.) The purpose of the preapplication conference shall be to discuss the proposed subdivision, review submittal requirements and discuss compliance with the provisions of this Code prior to the submission of an application.
4.) Subsequent to the preapplication conference with the Planning Department, the applicant may consult with, at a minimum, the City Engineer and the County Soil and Water Conservation District. The applicant shall also consult with the agencies having jurisdiction over wastewater or water, where applicable.
(B) Step 2 - application and official filing of the preliminary plan.
1.) The applicant shall submit an application in accordance with § 157.047 and with the provisions of this chapter.
2.) The preliminary plan shall be submitted as part of the initial application.
3.) Upon determination by the Planning Department that the preliminary plan has been properly submitted, the preliminary plan shall be accepted as being officially filed.
4.) The application and the official filing of the preliminary plan shall take place a minimum of 45 days prior to the regular meeting of the PZC where the application will be heard.
5.) If the applicant fails to submit an application and preliminary plan within 120 days of the preapplication conference (Step 1), the applicant shall be required to begin the review procedure again from the preapplication conference.
(C) Step 3 - site visit.
1.) The applicant shall be responsible for scheduling with the Planning Department to allow for viewing of the site in the field.
2.) Members of the PZC will be invited to the site visit to help understand the project with proper legal notice given if a quorum of PZC members are to be in attendance.
3.) The developer shall delineate the centerline of proposed roads prior to the site visit.
4.) The site visit shall take place a minimum of seven days prior to the regularly scheduled PZC meeting where the preliminary plan will be reviewed.
5.) The Planning Director may waive the site visit requirement if the Planning Director determines that there is no need for the visit due to minimal impacts of the proposed project, the availability of information in the application to fully illustrate the plan and similar considerations.
(D) Step 4 - staff review and staff report on the preliminary plan.
1.) Upon determination that the application for a major subdivision is complete, the Planning Department shall transmit copies of the application for review by applicable agencies including, but not limited to, the City Engineer, agencies having jurisdiction for water and/or sanitary sewer, or other agencies the department deems appropriate.
2.) Such agencies shall supply comments and recommendations to the Planning Department a minimum of ten days prior to the regularly scheduled PZC meeting where the preliminary plan will be reviewed.
3.) Prior to the PZC meeting where the preliminary plan is scheduled for review, the Planning Department shall review the preliminary plan and prepare a staff report.
(E) Step 5 - review and decision on the preliminary plan by the PZC.
1.) The PZC shall not consider a major subdivision, unless the preliminary plan is officially filed (Step 2).
2.) The following information shall be provided to the Planning Department prior to the PZC meeting or shall be identified for future review as a condition of approval:
a.) A statement indicating that the proposed subdivision meets all applicable provisions of this Code;
b.) A letter from the County Health Department indicating sublot acceptability for individual septic systems and/or drilled wells, or a letter from the agency having jurisdiction for sanitary sewer indicating the availability of centralized sewage facilities; and
c.) Additional information as deemed necessary by the Planning Department. If the developer requires additional time to acquire the needed information, he or she may do so by submitting a written request to the Planning Department.
3.) The PZC shall hold a public meeting to review and decide on the preliminary plan. The PZC shall approve, approve with conditions or deny the preliminary plan. The PZC may also continue the meeting if questions regarding the plan are not addressed by the applicant.
4.) Upon approval, the PZC shall communicate its action to City Council.
5.) If the PZC denies the preliminary plan, the applicant shall not move forward in the review process until a preliminary plan is approved by the PZC.
(F) Step 6 - filing of the final plat and improvement plans. The final plat and improvement plans shall be submitted and reviewed concurrently.
1.) Filing of the final plat.
a.) The applicant shall submit the final plat in accordance with § 157.047 and with the provisions of this subchapter.
b.) Upon determination by the Planning Department that the final plat has been properly submitted, the final plat shall be accepted as being filed.
c.) The official filing of the final plat shall take place a minimum of 30 days prior to the regular meeting of the PZC where the final plat will be heard.
d.) The final plat submission shall include a signed warranty deed for any lot(s) where open space, a park, playground, school site or other public land is to be dedicated to the public. The deed shall be considered part of the final plat for approval and recording purposes.
e.) The final plat submission shall include the submission of improvement plans for the corresponding phase of development.
2.) Submission of the improvement plans.
a.) The applicant’s engineer shall prepare improvement plans, which shall conform to the approved preliminary plan, 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.
b.) The applicant shall supply the improvement plans to the Planning Department in a form and number established by the Department.
c.) If the applicant finds, in the process of preparing improvement plans, that the approved preliminary plan is not workable and changes in layout are required, the applicant shall inform the Planning Department. The Planning Department may require that a revised preliminary plan be submitted for reapproval.
(G) Step 7 - Planning Department review and staff report on the final plat. Prior to the PZC meeting where the final plat is scheduled for review, the Planning Department shall review the final plat and prepare a staff report.
(H) Step 8 - staff review and decision on the improvement plans.
1.) The Planning Department 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, and any other applicable agencies.
2.) The review agencies shall provide comments and recommendations on the improvement plans to the Planning Department.
3.) A copy of the improvement plans shall be marked and returned to the applicant’s engineer for corrections, if necessary. If found to be satisfactory, the original tracing shall be submitted for approval signature by the Planning Director, City Engineer and the agencies having jurisdiction over sanitary sewer or water (where applicable).
4.) 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 preconstruction meeting and file all bond documents with the Planning Department prior to commencing construction of improvements.
(I) Step 9 - review and decision on the final plat by the PZC.
1.) The PZC shall hold a public meeting to review and make a recommendation on the final plat. The PZC shall take one of the following actions:
a.) The PZC shall give a favorable recommendation on the final plat before any required improvements are installed pursuant to the improvement plans, authorizing its chairperson or any other officer of the PZC, to indicate such approval and the date on the tracing of the final plat;
b.) Notwithstanding the provisions of § 157.130(13), where it appears that the requirements of § 157.130(13) will be met prior to the PZC’s next scheduled meeting, the PZC may, with the consent of the applicant, give final approval effective upon the City Engineer’s future approval of the improvement plans and signing of the plat. Such final approval shall take effect as of the date of the City Engineer’s signature;
c.) If the requirements of § 157.130(13) have not been met by the time of the PZC’s next scheduled meeting, the final plat may be placed on the agenda for the next PZC meeting, at which the PZC may reaffirm, modify or change its previous action; or
d.) Should the PZC deny the final plat, written notice of such action, including reference to the regulation or regulations not complied with by the plat, shall be mailed to the applicant and the applicant’s engineer and/or surveyor. The action shall also be entered on the official records of the PZC.
2.) The chairperson of the PZC shall certify the final plat by signing and dating the final plat upon approval from the PZC.
3.) Upon making a favorable or unfavorable recommendation, with or without conditions, the PZC shall communicate its action to City Council.
(J) Step 10 - review and decision on the final plat by the City Council.
1.) After full compliance with this section, the Planning Department shall request the Law Director to prepare the necessary legislation for Council for introduction no later than the 60 days of the PZC’s recommendation.
2.) Council shall review and judge the final plat with access to the files of the PZC and shall accept bonds for the guarantee of performance of public improvements pursuant to division (9) of this section, and acceptance of the plat.
3.) If approval is given, the plat and any appropriate documents shall be signed by the President and Clerk of Council upon passage of the acceptance resolution duly signed by the Mayor. All drawings shall be returned to the Planning Department for distribution and filing.
(5) Approval criteria. In order to approve a major subdivision, the PZC and City Council, as appropriate, 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; and
(D) That the major subdivision is not otherwise contrary to the interest of the city.
(6) No construction until bond is accepted.
(A) No construction shall take place until a bond, as required by this Code, is received and approved by the Planning and Law Departments, and authorization to proceed is granted by the city at the time the final plat is approved and accepted.
(B) A land disturbance permit may be issued if all criteria for its issuance are approved.
(C) No public infrastructure may be installed.
(7) Effect of approvals.
(A) Effect of preliminary plan approval.
1.) An approved preliminary plan is to be used as a guide for the preparation of improvement plans and the final plat for final approval and recording upon fulfillment of all conditions of the preliminary plan approval and all provisions of this Code.
2.) Approval of a preliminary plan shall be valid for a period of one year at which point the PZC shall review the preliminary plan for renewal. If the PZC does not authorize renewal, the preliminary plan shall expire.
3.) Upon expiration of a preliminary plan approval, no approval of a final plat shall be given until the preliminary plan has been resubmitted and approved pursuant to division (4) above.
(B) Effect of final plat approval.
1.) Approval of a final plat by the PZC shall not be an acceptance by the public of the offer of dedication of any street, highway, or other public way or open space upon the plat, until such acceptance is also endorsed by the City Council upon the tracing of the final plat.
2.) The PZC’s approval shall automatically expire if the final plat is not presented to the City Council for approval within one year of the PZC’s preliminary plan approval.
(8) Estimated cost. Upon approval of the construction drawings by the City Engineer and Planning Director, and before starting any construction work, the developer’s engineer shall prepare and submit to the Planning Department 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 total estimated cost, including labor, shall be prepared and signed by the developer’s engineer. 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.
(9) Bonding requirements.
(A) Performance bonds.
1.) Before the recording of any plat of any subdivision, the developer shall furnish performance bonds to the Planning Director in an amount equal to 100% of the approved total estimated cost of the improvements. The improvements shall be covered by separate bonds according to the department which shall guarantee completion of the required improvements, as follows.
a.) City of Green.
i.) Paving;
ii.) Storm sewer; and
iii.) Miscellaneous (i.e., monuments, street signs, restoration of land, site clean-up and the like).
b.) Agencies having jurisdiction.
i.) Water; and
ii.) Sanitary sewer.
2.) The performance bond will remain in effect until released by the Mayor through executive order. In lieu of a surety bond, the developer may deposit a fund equal to 100% of the performance bond in an escrow account with a bank and approved by the city. The developer and the bank shall inform the city, in writing, that said money is secured and deposited in the bank for the improvements and shall be in a form dictated by the city. Performance bonds shall not be released without approval of the city.
3.) The developer’s engineer shall verify all invoices and statements of expenditures and submit them to the Planning Director and/or the agencies having jurisdiction for sanitary sewer or water (where applicable), for review and approval.
4.) The withdrawal of funds from the escrow account shall not exceed 90% of the total estimated costs until the performance bond is released and the maintenance bond is in effect. The Mayor may, upon recommendation of the City Engineer and Planning Director, elect to release a portion of the performance bond based on the amount of construction work performed. Upon full release of the performance bond, the city may accept the maintenance bond prior to the completion of the project; provided the public improvements are 90% complete and the maintenance bond includes work to be performed at a value of 100% of the cost of items yet to be completed.
5.) If the developer fails to proceed with the project within 18 months of the date the performance bonds are filed, and the Planning Director and/or agencies having jurisdiction over sanitary sewer or water (where applicable), deems it necessary to notify the Mayor that the developer has failed in his or her duty to complete the project, the Mayor or his or her designee shall notify the developer and the bank, in writing, of such failure and of their intention to vacate the subdivision or complete the project, using proceeds from the bond.
(B) Maintenance bond or bonds. Before the City Engineer and/or the agencies having jurisdiction over sanitary sewer or water (where applicable), will recommend the acceptance of the subdivision roads or release any performance bond, the developer shall provide a maintenance bond or cash to the Planning Director, which shall be divided and administered as follows:
1.) Bonds as required by the agency having jurisdiction for water or sanitary sewer; and
2.) Ten percent of the total estimated cost of all other improvements divided into separate bonds as follows.
a.) City of Green.
i.) Paving;
ii.) Storm sewer; and
iii.) Miscellaneous (i.e., monuments, street signs, restoration of land and site clean-up and the like).
b.) Agencies having jurisdiction over sanitary sewer or water.
i.) Water; and
ii.) Sanitary sewer.
3.) The Planning Director after consultation with the City Engineer and/or the agencies having jurisdiction over sanitary sewer or water, as applicable, may increase the required maintenance bond above the specified amounts if, in his or her opinion, unusual topographic, subsoil or other construction limitations warrant such action. However, in such situations, the City Engineer or the agencies having jurisdiction over sanitary sewer or water, as applicable, shall furnish written explanations of their action to the Mayor and City Council. No action shall be taken by the city regarding bonding with the agencies having jurisdiction over sanitary sewer or water. These maintenance bonds shall guarantee that the developer will maintain the road and related improvements for a minimum of two years and that the developer will restore the road and related improvements, if determined to be necessary by the City Engineer and/or the agencies having jurisdiction over sanitary sewer or water (where applicable). If the developer fails to perform the maintenance and restoration items, the Mayor will authorize the City Engineer and/or the County Executive to authorize the agencies having jurisdiction over sanitary sewer or water (where applicable), to have the work performed. The cost of this work shall be deducted from the money on deposit as the maintenance bond for that work. The developer shall be held liable for any expenditures over and above the maintenance bonds. After all maintenance and restoration work has been completed to the satisfaction of the City Engineer, Service Director, Planning Director and/or the agencies having jurisdiction over sanitary sewer or water (where applicable), the city’s and the county’s Chief Executive shall release the maintenance bonds or those portions remaining to the developer, respectively. It is the responsibility of the developer to request inspection for bond release. The bonds shall remain in effect until formally released by the Mayor through an executive order, as applicable.
4.) Upon release of the performance bond and acceptance of the maintenance bond, the city shall provide for the removal of snow and ice provided all roadway improvements are complete.
(10) Land disturbance permit required. A land disturbance permit, issued in accordance with § 157.053, shall be required prior to commencement of clearing and grading activities on the site. Clearing and grading activities shall not begin until the applicant has held a preconstruction meeting with either the city, or, if required, the County Soil and Water Conservation District, and a plan for clearing and grading is approved. Such permit shall be based on a clearing and grading plan prepared and approved as part of the major subdivision process.
(11) Recording.
(A) After all required approvals are secured, the final plat shall be submitted by the Planning Department for final recording with the County Fiscal Office.
(B) No plat of any subdivision shall be recorded in the office of the County Fiscal Officer, or have any validity, until it has been approved and processed in the manner prescribed in this section.
(C) In the event that any such unapproved plat is recorded, it shall be considered invalid.
(D) All costs for recording of the plat shall be borne by the owner and/or developer.
(12) Requirements for the start of construction of public improvements. The applicant must comply with the following requirements in order to begin construction on the public improvements pursuant to the approved improvement plan.
(A) The following items must have been approved prior to the commencement of construction:
1.) The improvement plans for the subdivision;
2.) The construction schedule, showing the starting and completion dates for each phase of the construction work, and a date for the completion of the entire subdivision; and
3.) Any bonds required for the project must be filed with the Planning Department.
(B) The contractor must have all necessary permits required for the project prior to the start of construction.
(C) A preconstruction meeting will be held, at which time the owner, the developer and/or his or her representative, the design engineer, the contractor, the City Engineer, the Planning Director, any other interested city officials and other agencies, as required, will attend prior to the commencement of any project. At this time, the project will be discussed in regard to the procedure, construction methods, plans, materials, inspections, storm water management, erosion control and the like.
(13) Amendments.
(A) No changes, erasures, modifications or revisions shall be made to any improvement plans of a subdivision after approval has been given by the city and an endorsement is made in writing thereon, unless the improvement plan is first resubmitted and the changes approved by the city and/or the agencies having jurisdiction over wastewater or water (where applicable).
(B) No changes, erasures, modifications or revisions shall be made to any final plat of a subdivision after approval has been given by the PZC and City Council, and an endorsement is made in writing on a final plat, unless the final plat is first resubmitted and the changes approved by the PZC and City Council.
(C) If it becomes necessary to modify the improvements as approved due to unforeseen circumstances, the developer shall inform the Planning Director who shall consult with the City Engineer and the agencies having jurisdiction over wastewater or water (where applicable), in writing, of the conditions requiring the modifications. Written authorization from the appropriate review agency to make the required modification must be received before proceeding with the construction of the improvement.
(14) Plan checking and field inspection fees. The applicant shall pay or reimburse the city and/or the agencies having jurisdiction over wastewater or water (where applicable), the total cost of plan review and field inspection of the improvements.
(A) The review and inspection fee shall be determined by the city and the agencies having jurisdiction over wastewater or water (where applicable).
(B) The inspector’s salary shall be paid at the rate discussed at the preconstruction meeting.
(C) The rate per hour will be the inspector’s regular rate per hour as paid by the city and/or the agencies having jurisdiction over wastewater or water (where applicable), plus appropriate fringe benefits and an overhead percentage.
(D) The applicant is held responsible for all city plan review and inspection fees which will be payable upon invoice.
(E) Failure to pay fees shall result in the city not issuing permits until all fees are paid in full.
(F) The performance bond posted by the applicant guarantees the payment of all inspection fees and no bonds will be released until all inspection fees have been paid in full.
(15) Final drawings. At the completion of the construction, and before acceptance, the developer’s engineer shall update the original tracings as directed by the City Engineer and the agencies having jurisdiction over wastewater or water (where applicable), showing the locations, sizes and elevations of all improvements as constructed. A legible Mylar reproduction shall be furnished to the agencies having jurisdiction over wastewater or water (where applicable). The original tracings shall remain with the Planning Department. An electronic version shall be provided in a program compatible with the city’s computer system.
(16) Variance of land development standards.
1.) 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;
2.) Determine that a strict compliance with the provision would create an extraordinary and unnecessary hardship in the face of the exceptional conditions;
3.) Permit any variance of a provision only to the extent necessary to equitably remove the hardship so that substantial justice is done;
4.) Determine that any modification granted will not be detrimental to the public interest nor in conflict with the spirit, intent and purpose of these regulations;
5.) Require such other conditions to be met by the proposed plat as the PZC may find necessary to accomplish the purposes of this Code, when modified; and
6.) Determine that a strict compliance with the provision would deprive the property of privileges enjoyed by similar properties in the vicinity.
(B) In making its determinations, the PZC may also consider:
1.) Whether the property will yield a reasonable return or whether there can be any beneficial use of the property without the variance;
2.) Whether the essential character of the neighborhood will be altered or whether adjoining properties would be adversely affected as a result of the variance; and
3.) Whether the variance would adversely affect the delivery of governmental services.
(C) Cul-de-sacs shall be discouraged if future roadway connections can be made. The PZC shall have the right to deny cul-de-sacs based on development design versus service-related functions. Where a subdivision includes a cul-de-sac that requires a variance because the cul-de-sac is in excess of the maximum permitted length, the PZC may also consider the number and size of sublot served by the cul-de-sac, and the availability of central water service, to determine if the variance will permit appropriate development of the land without unduly affecting the public safety. The PZC may also consider the opinions of local city officials.
(D) If the proposed variance involves the creation of a sublot whose depth exceeds four and one-half times its width, the PZC may also consider the pattern of existing platting for similarly zoned land adjacent to the property and within 500 feet of the proposed site.
(E) The City Council may support variances affecting required improvements upon approval by the PZC. Such recommendations shall be based on the findings listed in this section.
(17) Appeals. Whenever an applicant presenting a preliminary plan for a major subdivision to the PZC has been rendered a decision from the PZC which is adverse to the request of the applicant, the aggrieved applicant may make an appeal to Council.
(A) The appeal shall be submitted to Council within 30 days following the PZC decision and a copy of said appeal shall be filed with the PZC and the Planning Department.
(B) The appeal shall state, in full, the reasons it is being filed and the facts surrounding the same. Any facts and/or information not previously available to the PZC, the inclusion of which at the time of the appeal would operate to substantially alter the facts and information submitted to the PZC prior to its original decision concerning the matter, shall be cause for resubmission of such matter to the PZC, together with new facts and information, for its reconsideration.
(C) Council shall, upon receipt of an appeal, request a statement from the PZC setting out the reasons for the decision being appealed, so as to properly advise Council as to the considerations and regulations upon which the original decision was based.
(D) The Clerk of Council shall notify the PZC, applicant, owner of the subject property, and contiguous property owners of the time and place of Council’s consideration of any such appeal. All parties shall be heard and final judgment rendered by a two-thirds vote of Council. Such decision shall be in writing, with the original being sent to the appellant and a copy to the PZC.
(Prior Code, § 1224.06) (Ord. 2009-21, passed 10-27-2009; Ord. 2018-13, passed 8-28-2018)