(a) Purposes. The purpose of the subdivision review process is to ensure compliance with the subdivision standards and provisions of this Code, while encouraging quality development in the City reflective of the goals, policies, and objectives found in the Comprehensive Plan.
(b) Applicability.
(1) All subdivisions shall be subject to the approval procedures set forth in this section.
(2) Subdivision plans for optional open space conservation development in Districts 1 and 3 shall be given priority in the subdivision approval procedure, as set forth in division (d)(3) of this section.
(3) Minor subdivisions, as defined in Chapter 1213, may be finally approved by the City Manager, in consultation with the City Engineer, in lieu of final action by the Planning Commission.
(c) Procedures for Approval of a Minor Subdivision. Minor subdivisions are subject to an expedited review process in which no plat is required and the Planning Commission acts through the City Manager and City Engineer. Applications for minor subdivision approval shall follow the core development approval process set forth Section 1203.02
, except for the following modifications:
(1) After Step 3 "Staff Review and Report:" action by the City Manager.
A. Within thirty days from the date that a submitted application is certified as complete pursuant to Section 1203.01(c), the City Manager or City Engineer shall take final action on applications for minor subdivisions by either approving, approving with conditions, or denying such application based on its compliance with the standards set forth in Section 1204.05.
B. Evidence of approval by the Planning Commission, acting through the City Manager or City Engineer, shall be indicated by a stamp or statement reading "Approved by the Planning Commission, City of Hudson, Ohio - No Plat Required." The plat of the minor subdivision which has been so stamped, dated, and signed by either the City Manager or City Engineer shall constitute final approval of the minor subdivision.
(2) Authority to transmit minor subdivision application to the PC.
A. Notwithstanding the authority of the City Manager to review and approve minor subdivision applications as set forth herein, the City Manager may transmit such application to the Planning Commission for review and final action if the City Manager determines that the development's complexity, projected impacts, or proximity to conflicting land uses merit such action.
B. Within forty-five days from receipt of the City Manager's transmittal of the minor subdivision application, the PC shall take final action by either approving, approving with conditions, or denying the application, based on the minor subdivision's compliance with the standards set forth in Section 1204.05.
(d) Procedure for Approval of Subdivisions (Except Minor Subdivisions). Subdivisions in the City are approved in three stages: first, a compatibility review is conducted with the Planning Commission, second, a preliminary subdivision plan is approved and, third, a final subdivision plat is approved and recorded. The Planning Commission is the entity with final approval authority for both preliminary and final subdivision plats.
(1) Procedures for approval of preliminary subdivision plans. Applications for preliminary subdivision approval shall follow the core development approval process set forth in Section 1203.02
, except for the following modifications:
A. Step 1: pre-application conceptual review. All persons intending to submit an application for preliminary subdivision approval shall attend a pre-application conceptual review meeting. In addition, the PC shall review the conceptual plan of the proposed subdivision and comment on it and its compatibility with existing adjacent development prior to the scheduling of a public hearing on a preliminary subdivision plan application. The applicant shall address comments received on the conceptual plan to supplement the application for preliminary subdivision approval.
B. Step 4: Planning Commission action. The PC shall take final action on a preliminary subdivision application by reviewing the application and all submitted plans and reports, and then either approving, approving with conditions, or denying the application based on its compliance with the standards set forth in division (e) of this section.
(2) Procedure for approval of final subdivision plats. Applications for final subdivision approval may only be filed following preliminary plan approval by the Planning Commission, including preliminary plans that have been approved, but have expired. Although final subdivision plats may be filed for expired preliminary plans, the preliminary plan must be reapproved. Applications for final subdivision approval shall follow the core development approval process set forth in Section 1203.02
, except for the following modifications:
A. Step 4: Planning Commission action. The PC shall take final action on a final subdivision application by reviewing the application and all submitted plans and reports, and then either approving, approving with conditions, or denying the application based on its compliance with the standards set forth in division (e) of this section. The PC shall take such final action within thirty days from the date that the final subdivision application is certified as complete pursuant to Section 1203.01(c).
(3) Procedure for approval of preliminary and final subdivision plans for optional open space conservation developments. Applications for preliminary and final subdivision plan approval for optional open space conservation developments in Districts 1 and 3 shall be given priority status in the approval process, including but not limited to advancing such applications on the PC's agenda for hearing at the earliest possible date after submittal of a complete application.
(e) Standards for Review. All applications for subdivisions shall demonstrate compliance with the standards and criteria set forth in Section 1204.05
.
(f) Effects of Approval.
(1) Effect of approval of a minor subdivision.
A. Within thirty days of the City Manager's approval of the minor subdivision, the developer shall record the minor subdivision plan. If the minor subdivision plan is not recorded within this thirty-day time period, the approval shall automatically lapse and be null and void. A recorded minor subdivision plan shall be valid for a period of two years from the date of the City Manager's final action.
B. During the period an approved minor subdivision plan is effective, no subsequent change or amendment to this Code or any other governing ordinance or plan shall be applied to affect adversely the right of the applicant to proceed with any aspect of the approved development in accordance with the terms of such minor subdivision plan approval, except that the applicant shall comply with those local laws and regulations adopted subsequent to the approval of such minor subdivision plan if the PC determines, on the basis of written findings, that compliance is reasonably necessary to protect the public health, safety, or welfare.
C. If additional lots are proposed to be created within three years of recording of a minor subdivision of a tract of land and the total of all lots recorded within said three years for that same tract of land would be greater than three lots, then the request to create additional lots shall be considered to be a request for a subdivision. (See definition of "subdivision, minor".)
(2) Effect of approval of a preliminary subdivision plan.
A. Within twelve months from the date of the PC's final approval of a preliminary subdivision plan, the developer shall submit an application for final subdivision plat for either all or at least one phase of the proposed subdivision, and within eighteen months shall record such final subdivision plat. A recorded final subdivision plat for any phase of the preliminary subdivision plan shall extend the life of the preliminary subdivision plan for an additional twelve-month period from the date the final subdivision plat is recorded. If the original twelve-month period or any successive twelve-month period expires before a final subdivision plat is recorded, then the preliminary plan approval automatically lapses and becomes null and void.
B. During the period an approved preliminary subdivision plan is effective, no subsequent change or amendment to this Code or any other governing ordinance or plan shall be applied to affect adversely the right of the applicant to proceed with any aspect of the approved development in accordance with the terms of such preliminary subdivision plan approval, except that the applicant shall comply with those local laws and regulations adopted subsequent to the approval of such preliminary subdivision plan if the PC determines, on the basis of written findings, that compliance is reasonably necessary to protect the public health, safety, or welfare.
C. If lots are created within three years of an approved or recorded minor subdivision and the total of all lots created with said three years is greater than three lots, then it shall be approved as a subdivision. See definition of "subdivision, minor."
(3) Effect of approval of a final subdivision plat.
A. Within ninety days from the date of the PC's action on the final subdivision plat, the applicant shall meet all conditions of approval, if any, and certify and record the final subdivision plat as required by this Code.
B. An approved and recorded final subdivision plat shall be valid for a period of two years from the date of the PC's action on the final plan.
C. During the period an approved final subdivision plat is effective, no subsequent change or amendment to this Code or any other governing ordinance or plan shall be applied to affect adversely the right of the applicant to proceed with any aspect of the approved development in accordance with the terms of such final subdivision plat approval, except that the applicant shall comply with those local laws and regulations adopted subsequent to the approval of such final subdivision if the PC determines, on the basis of written findings, that compliance is reasonably necessary to protect the public health, safety, or welfare.
(g) Application. Applications for final subdivision approval shall be submitted to the City Manager upon such forms as approved by the City Manager and City Engineer.
(h) Submittal Requirements. See Appendix A
for submittal requirements for final subdivision applications.
(Ord. 18-93. Passed 10-15-19.)