(a) Purpose. The purpose of the major subdivision process is to provide a method of review for any subdivision that exceeds the scope of a minor subdivision and which includes multiple lots, the creation or expansion of new streets, and/or the installation of public improvements.
(b) Applicability. Any subdivision of land or replat of an existing subdivision that does not meet the applicability requirements of a minor subdivision in § 1226.06(b) shall be subject to the requirements of this section.
(c) Sale of land in subdivisions; start of construction.
(1) No owner, or authorized agent, of any land located within a subdivision shall transfer, sell, agree to sell or negotiate to sell any land by reference to, by exhibition of, or by the use of, a plan or plat of a subdivision, nor proceed with any construction work before such plan or plat has been approved and recorded in the manner prescribed in these regulations. Any sale or transfer contrary to the provisions of this section is void. The description of such lot by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring shall not exempt the transaction from the provisions of these regulations.
(2) The Development Code Administrator shall not issue certificates of zoning compliance for any structure or activity on a lot in a subdivision for which a plat has not been approved and recorded in the manner prescribed in these regulations.
(d) Major subdivision review procedure.
(1) Step 1 - Application and filling of the preliminary plat.
A. The applicant shall submit an application along with a preliminary plat in accordance with § 1226.02.
B. The preliminary plat shall be prepared, signed, and sealed by an engineer or surveyor who is qualified and registered in the State of Ohio.
C. Upon determination by the Development Code Administrator that the application is complete, the preliminary plat shall be accepted as being officially filed.
(2) Step 2 - Staff review and staff report on the preliminary plat.
A. Upon determination that the application for a major subdivision is complete, the Development Code Administrator shall transmit copies of the application for review by applicable agencies including, but not limited to, the City Engineer, City Manager, Middletown Fire Department, Middletown Police Department, agencies having jurisdiction for water and/or sanitary sewer, or other agencies the Development Code Administrator deems appropriate.
B. Such agencies shall supply comments and recommendations to the Development Code Administrator prior to the regularly scheduled Planning Commission meeting where the preliminary plat will be reviewed.
C. Prior to the Planning Commission meeting where the preliminary plat is scheduled for review, the Development Code Administrator shall review the preliminary plat and prepare a staff report.
(3) Step 3 - Review and decision on the preliminary plat by the Planning Commission.
A. The Planning Commission shall hold a public meeting to review and decide on the preliminary plat. The Planning Commission shall approve, approve with conditions, or deny the preliminary plat. The Planning Commission may also continue the meeting if questions regarding the plat are not satisfactorily addressed by the applicant.
B. If the Planning Commission denies the preliminary plat, the applicant shall not move forward in the review process until a preliminary plat is approved by the Planning Commission.
C. In the event the Planning Commission denies the preliminary plat or approves with conditions, the City staff, on behalf of the Planning Commission shall provide the subdivider with a statement in writing setting forth the reasons for the denial or the conditions of approval.
D. Approval of the preliminary plat by the Planning Commission does not constitute approval of the subdivision, but is merely an authorization to proceed with the preparation of the final plat and construction drawings.
(4) Step 4 - Submission and review of construction drawings.
A. The applicant shall submit the construction drawings and specifications for the subdivision or applicable phase in accordance with Chapter 1222: Subdivision Design and with the provisions of this section. Construction drawings shall be submitted to the City Engineer.
B. In cases where the applicant proposes to develop the subdivision in phases, the construction drawings shall be submitted for each individual phase.
C. The applicant shall submit all necessary construction drawings for review within one year of the decision on the preliminary plat (if a preliminary plat was submitted) unless an alternative schedule is approved as part of the preliminary plat approval or the subdivider can show just cause for extending the deadline. For phased subdivisions, the deadline shall apply to the first phase of the subdivision. Failure to submit the construction drawings within this time frame shall void the preliminary plat approval and the subdivider will be required to submit a new application in accordance with these regulations.
D. If the applicant proposes to provide a financial guarantee for the public improvements in-lieu of installing all public improvements prior to approval of the final plat, the applicant shall be required to provide all information required as part of § 1222.02(f).
E. Upon determination by the City Engineer that the final plat has been properly submitted, the final plat shall be accepted as being filed.
F. The construction drawings shall be prepared, signed, and sealed by an engineer or surveyor who is qualified and registered in the State of Ohio.
G. The City Engineer shall review the construction drawings and make a decision to approve, approve with conditions, or deny the construction drawings. In reviewing the drawings, the City Engineer may seek input from any other agency having jurisdiction over public improvements.
H. Prior to starting any of the work covered by the construction drawings approved as set out in this section, arrangements shall have been made to provide for inspection of the work which are sufficient, in the opinion of the City Engineer, to insure compliance with the plant and specifications as approved. The signature of the City Engineer on the title sheet of the plans shall constitute approval of the construction plans. Construction activities may commence upon receipt of written notification from the City Engineer to proceed, to be issued after a preconstruction meeting of the applicant's contractor and the City Engineer.
I. Completion of improvements.
1. Applicants shall have the choice to construct all public improvements prior to the approval of the final plat, without a financial guarantee, but such public improvements must be completed and then inspected and approved by the City Engineer before the City can approve the final plat. The improvements shall be constructed within a reasonable time as determined by the City Engineer, but not to exceed two years.
2. All required subdivision improvements shall be maintained in a satisfactory condition by the subdivider during any interim period between their construction and final approval and acceptance of the subdivision by the City. See § 1222.02(f).
3. If the applicant requests approval of a final plat prior to installation of the public improvements, the applicant shall be required to provide a financial guarantee in accordance with the regulations of this code at the time the final plat is submitted for review.
4. The only exception shall be the completion of sidewalks which shall be completed in accordance with § 1222.02(a).
J. After completion of all improvements, except for the final course of asphalt, the Engineering Division will perform a pre-final inspection at the request of the applicant. The construction of sidewalks throughout the subdivision is not required prior to the pre-final inspection.
(5) Step 5 - Submission of the final plat.
A. The applicant shall submit the final plat in accordance with § 1226.02 and with the provisions of this section. The final plat shall be submitted to the Development Code Administrator.
B. In cases where the applicant proposes to develop the subdivision in phases, the final plat shall be submitted for each individual phase.
C. If a preliminary plat has been previously approved, the final plat shall have incorporated all changes in the preliminary plat approval.
D. The applicant shall submit a final plat for review within one year of the decision on the preliminary plat (if a preliminary plat was submitted) unless an alternative schedule is approved as part of the preliminary plat approval or the subdivider can show just cause for extending the deadline. For phased subdivisions, the deadline shall apply to the first phase of the subdivision. Failure to submit the final plat within this time frame shall void the preliminary plat approval and the subdivider will be required to submit a new application in accordance with these regulations.
E. Upon determination by the Development Code Administrator that the final plat has been properly submitted, the final plat shall be accepted as being filed.
F. The final plat shall be prepared, signed, and sealed by an engineer or surveyor who is qualified and registered in the State of Ohio.
(6) Step 6 - Staff review and staff report on the final plat.
A. Upon determination that the submission of the final plat is complete, the Development Code Administrator shall transmit copies of the application for review by applicable agencies including, but not limited to, the City Engineer, City Manager, Middletown Fire Department, Middletown Police Department, agencies having jurisdiction for water and/or sanitary sewer, or other agencies the Development Code Administrator deems appropriate.
B. Such agencies shall supply comments and recommendations to the Development Code Administrator prior to the regularly scheduled Planning Commission meeting where the final plat and construction drawings will be subject to review.
C. Prior to the Planning Commission meeting where the final plat is scheduled for review, the Development Code Administrator shall review the final plat and prepare a staff report.
(7) Step 7 - Review and decision on the final plat by the Planning Commission.
A. The Planning Commission shall hold a public meeting to review and decide on the final plat. The Planning Commission shall approve, approve with conditions, or deny the final plat. The Planning Commission may also continue the meeting if questions regarding the plat are not satisfactorily addressed by the applicant.
B. If the Planning Commission denies the final plat, the applicant shall not move forward in the review process until a final plat and the construction drawings are approved by the Planning Commission.
C. In the event the Planning Commission denies the final plat or approves with conditions, the Planning Commission shall provide the subdivider with a statement in writing setting forth the reasons for the denial or the conditions of approval.
D. The Planning Commission, with approval of City Council, may give final approval on the final plat before all required public improvements are installed, provided that a construction agreement and a financial guarantee (see § 1222.02(f)) is provided and accepted by City Council.
E. Approval of the final plat by the Planning Commission shall not be an acceptance by the public of the offer of dedication of any street, public improvement, or other public ways or open space on the final plat unless they are accepted by City Council in the form of the adoption of a motion.
F. No final plat shall be recorded until all areas offered for parks, open space, or public rights-of-way have been accepted by City Council.
(8) Step 7 - Acceptance of improvements by City Council. The City, through action by City Council, may accept public improvements made by a subdivider which meet the following conditions:
A. The public improvements have been made in accordance with the requirements of this code and City of Middletown Manual of Design for Public Improvements;
B. Installation of the public improvements has been completed in accordance with the applicable design standards;
C. All final inspections required by these regulations have been carried out by the City, and said public improvements were found to be acceptable by the City Engineer and the Development Code Administrator; and
D. After all public improvements have been installed to the satisfaction of the City, the applicant shall submit an original copy of as-built construction drawings (showing how all public improvements were actually installed) to the City Engineer in a format acceptable to the City.
E. After all public improvements have been installed in accordance with the construction agreement and these regulations and the subdivider has complied with this section, City Council may, by motion, accept the public improvements for maintenance with any applicable guarantee.
(9) Step 8 - Disposition of approved plat and recordation.
A. After approval of the original drawing of the final plat by the Planning Commission, such final plat shall be transmitted to City Council or other appropriate public body for necessary acceptance of all public dedications.
B. After approval of the final plat and after acceptance of all land to be dedicated on the plat by City Council or other appropriate public bodies, the plat shall be filed with the applicable county's recorder office in a format set by the county. The plat shall be filed within 60 days after date of final approval and after all necessary certifications have been noted thereon. Failure to record the approved final plat within the 60 days shall result in the final plat being considered void.
C. Upon recording of the final plat with the applicable county, the applicant shall return one original tracing for the City's permanent records, the return of which shall demonstrate compliance with this section.
(e) Review criteria. In order to approve a major subdivision, the Planning Commission and City Council, as appropriate, shall determine the following:
(1) That the major subdivision complies with all applicable provisions of this code;
(2) That the major subdivision does not conflict with other regulations, plans, or policies of the City;
(3) That applicable review agencies have no objections that cannot be resolved by the applicant; and
(4) That the final plat and construction drawings conform to the approved preliminary plat, if submitted and approved.
(f) Amendments and withdrawal of application.
(1) No changes, modifications, or revisions shall be made in any plat of a subdivision after final approval has been given by the Planning Commission and an endorsement is made in writing on the plat, unless the plat is first resubmitted and the changes approved by the Planning Commission.
(2) If the applicant finds, in the process of preparing construction drawings, that the approved preliminary plat is not workable and changes in layout are required, the applicant shall inform the Development Code Administrator and City Engineer. The Development Code Administrator may require that a revised preliminary plat be submitted for re-approval following the review procedure in division (d) above if the changes significantly alter the design of the subdivision. The Development Code Administrator and City Engineer are authorized to allow minor changes related to the public improvements or design where there is minimal impact to the overall design of the subdivision. This shall not give the Development Code Administrator or City Engineer the authority to vary the requirements of this code.
(3) Before approval of the final plat, the submitted plat may be withdrawn or modified. If modified, the review process shall be repeated. If the application is withdrawn, any application fees shall be forfeited.
(4) If during the course of construction, any changes or modifications are encountered that are not in conformance with the original approved construction drawings, the subdivider shall submit the modified construction drawings (which have now become as-built drawings) to the City Engineer, who, if in agreement with such modifications, shall affix their signature to these drawings indicating approval of the modifications.
(g) Subdivision modifications. In any case where the subdivider can show that, by reason of exceptional topographic or other physical conditions, strict compliance with the provisions of Chapter 1222: Subdivision Design would cause practical difficulty or exceptional or undue hardship, the Planning Commission may relax the requirements to the extent deemed just and proper so as to relieve such difficulty or hardship, provided that such relief may be granted without detriment to the public good and without impairing the intent and purpose of this chapter or the desirable general development of the neighborhood and the community in accordance with the master plan.
(1) Applicability.
A. If the proposed subdivision requires a deviation from the minimum site development standards (e.g., lot area, lot width, etc.) or other standards identified in § 1204.10, the applicant will be required to apply for and receive all the necessary variance (see § 1226.10) or administrative waiver (see § 1226.11) approvals prior to approval of any plat.
B. If the applicant seeks a modification of standards required by Chapter 1222: Subdivision Design, then the request for a modification shall be accomplished through the procedure outlined in this section.
(2) Consideration. A request for a subdivision modification shall be made simultaneously with the initial plat submitted to the Planning Commission.
(3) Review criteria. The review criteria for a subdivision modification shall be the same as those for a variance as established in § 1226.10(c)(3).
(4) Modification review timing. If the preliminary plat is denied or if the approval of the preliminary plat expires, so does the approval of the subdivision modification. Any future request for preliminary plat approval that includes the same modifications shall require a new review and decision on the request for modifications.
(Ord. O2018-02, passed 2-20-2018)