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§ 151.022 MINOR SUBDIVISION.
   (A)   Staff granted the authority of review and approval. The Village Engineer is authorized to represent the Planning Commission in the review and approval of a minor subdivision, and to end or set the conveyance of a parcel or parcels of land in a minor subdivision for transfer without plat.
   (B)   Submission of minor subdivision. Any person proposing to create a minor subdivision shall submit the following to the Village Engineer.
      (1)   A legal description of the parcel or parcels sought to be transferred on a conveyance of said parcel or parcels.
      (2)   Two copies of a private survey by a registered surveyor of the parcel or parcels sought to be transferred. (See Appendix A)
      (3)   Minor subdivision fees. (See § 151.099)
   (C)   Action by the Village Engineer.
      (1)   Within seven working days after submission of a minor subdivision or within a mutually agreed upon extension, the Village Engineer shall either approve or disapprove the application for transfer without plat.
      (2)   If the Village Engineer does not approve the transfer without plan, the applicant shall be notified in writing of the reason for disapproval. If the Village Engineer approves the transfer without plat, the conveyance shall be stamped: "Approved by Mogadore Planning Commission; no plat required," and the signature of the Village Engineer affixed along with the date of such approval. The approval shall expire within 60 days, unless the conveyances are recorded in the office of the County Recorder during such period.
   (D)   Action by the County Health Department, Portage or Summit as appropriate. The Village Engineer shall, within seven days after submission of a minor subdivision, submit the proposed subdivision to the Health Department who shall approve or disapprove building sites for individual sewer systems. If disapproved, the Health Department shall notify the owner of the reasons for disapproval.
(Ord. 57-1981, passed 10-21-81; Am. Ord. 2018-80, passed 11-20-18)
§ 151.023 MAJOR SUBDIVISION.
   (A)   General procedure. Major subdivision shall be approved n four stages; preliminary discussion state, preliminary plan stage, improvement plan state, and the plat stage.
      (1)   The preliminary discussion stage requires the subdivider to discuss the proposed subdivision with the appropriate agencies so that he can become familiar with subdivision requirements, existing conditions, and future plans.
      (2)   The preliminary plan stage requires the subdivider to present all information needed to enable the Commission to determine that the proposed layout is satisfactory and will serve the public interest. This stage also insures that the subdivider will not be required to expend excessive monies without some assurance that his plat will be finally approved.
      (3)   The improvement plan stage requires the subdivider to present all the information needed to enable the Village Engineer to check the drainage areas and to determine that the storm sewers, sanitary sewers, waterlines, and material proposed for street construction meets the requirements of this chapter and the specifications of the Village Engineer.
      (4)   The final plat stage requires the subdivider to present a complete survey plat to enable the Commission to determine that the subdivision fully complied with this chapter and conforms to the approved preliminary plan and the improvement plans. (See § 151.096 for details.)
   (B)   Preliminary discussion. The subdivider shall consult with the Planning Commission. He shall submit a preliminary discussion map including all items required by § 151.041 and shall also obtain a preliminary steps certification form (See Appendix C) from the Village Engineer, which shall be signed by the agencies listed on the certification form.
   (C)   Preliminary plan procedure.
      (1)   Submission of preliminary plan. The subdivider shall make application to the Commission for approval of a preliminary plan. All information required by § 151.042 shall be submitted to the Village Engineer at least two weeks before the meeting of the Planning Commission at which the plat is to be acted upon.
         (a)   Two copies of application. (See Appendix B)
         (b)   One copy of the preliminary steps certification form. (See Appendix C)
         (c)   Eight copies of the preliminary plan including a vicinity map. (See Appendix D)
         (d)   Any other date that the Village Engineer deems necessary.
         (e)   Preliminary plan fees. (See § 151.099)
      (2)   Transmission of preliminary plan.
         (a)   The Village Engineer shall transmit a copy of the preliminary plan to the following official and agencies for their review and recommendations. Prior to the Planning Commission meeting, a date on which the site will be viewed shall be established by the Village Engineer. The officials and agencies listed below shall be requested to attend this viewing along with the developer and his engineer.
            1.   The Village Engineer.
            2.   The Planning Commission.
            3.   The School Board.
            4.   The County Planning Commission.
            5.   Park Board.
         (b)   The Village Engineer may transmit additional copies of the preliminary plan documents to utility companies and others as deemed necessary. The officials and agencies shall be requested to make their review and recommendations to the Village Engineer within seven days from the date of transmission.
      (3)   Official filing of preliminary plan. Upon determination by the Village Engineer within seven days from the date of transmission.
      (4)   Planning Commission action. The Planning Commission, within 30 days of the date of official filing shall approve, approve conditionally, or disapprove the preliminary plan. The action shall be noted on both the preliminary plan and the preliminary plan application form and a copy of each returned to the subdivider. The action shall also be entered on the official records of the Planning Commission and a copy of the preliminary plan with action noted kept on file.
      (5)   Effect of approval. Approval of a preliminary plan by the Planning Commission is not an acceptance of the subdivision for record. It is an approval of a general plan as a guide for the preparation of improvement plans and a subdivision plat for final approval and recording upon fulfillment of all requirements of this chapter. Approval of a preliminary plan shall be effective for a period of one year following the date of approval by the Planning Commission, unless an extension of time is granted. 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. Construction of improvements shall not begin until action on the final plat has been taken. (See division (E)(3) below)
   (D)   Improvement plan procedure. The developer's engineer shall prepare improvement plans which include all phases of the work to be performed to make the land suitable for development into the use proposed. These plans shall be complete and precise in all details and be submitted to and approved by the Village Engineer before any improvements are constructed.
   (E)   Plat procedure.
      (1)   Submission of the plat.
         (a)   The subdivider shall make application to the Planning Commission for approval of a plat. The plat submitted shall conform to the approved preliminary plan. Subdivisions may be submitted
for final approval in consecutive sections provided that preliminary plan and improvement plan approval has been given for the entire subdivision.
         (b)   All items as required by § 151.043 shall be submitted to the Village Engineer as follows:
            1.   Two copies of the application for plat approval. (See Appendix E)
            2.   Original tracing and two copies of plat and vicinity map. (See Appendix F)
            3.   Original tracing and four copies of approved improvement plans.
            4.   Plat fees. (See § 151.099)
            5.   One copy of financial guarantees approved by Village Solicitor in an amount stated by the Village Engineer.
         (c)   The Village Engineer may request additional copies of any of the above items and any other additional information deemed necessary. Within five working days of the date of submission, the Village Engineer shall notify the subdivider of such omissions.
      (2)   Official filing of plat. The Village Engineer shall present to the Planning Commission the plat documents, which meet the requirements of § 151.043, at the next meeting after all required documents have been submitted. Upon determination by the Planning Commission that the plat has been properly submitted, the Planning Commission shall accept the plat as being officially filed and shall certify on the copies the date of acceptance.
      (3)   Planning Commission action.
         (a)   The Planning Commission shall approve or disapprove the plat within 30 days from the date of official filing or within a mutually agreed upon time extension; otherwise, the plat shall be deemed to have been approved.
         (b)   One of the following actions shall be taken by the Planning Commission:
            1.   Final approval. The Planning Commission may give final approval before all required improvements are installed, authorizing its chairman to sign the plat at such time as a construction agreement and a cash bond, acceptable to the Village Solicitor and in the amount stated by the Village Engineer, are provided for the purpose of assuring installation of such improvements. The amount of such cash bond shall be sufficient to cover the cost of all improvements, based upon an estimate by the Village Engineer. Upon receipt of the Village Engineer's certification and determination that all the requirements of these regulations have been met, the Planning Commission may give final approval and shall indicate such approval and date of the racing of the plat.
            2.   Disapproval. Should the Planning Commission determine to disapprove the plat, written notice of such action, including reference to the regulations or regulation violated by the plat, shall be mailed to the subdivider. The action shall also be entered on the official records of the Planning Commission.
            3.   Approval without Board action. In the event the Planning Commission shall fail to approve or disapprove the plat within 30 days from the date of its official filing, or within a mutually agreed upon time extension, the plat shall be deemed to have been approved.
      (4)   Effect of approval. Final approval of a plat by the Planning Commission shall not be an acceptance by the public of the offer of dedication of any street, highway, or other public ways or open space upon the plat unless such acceptance is also endorsed by the Village Council upon the tracing of the final plat.
      (5)   Recording of plat. After final approval of a plat by the Planning Commission, the subdivider shall then return the tracing to the Village Engineer, who after rechecking, shall then present the plat to the County Auditor for transfer and to the County Recorder for recording. All fees required in connection with the above process as well as costs of reproductions of said plat shall be paid by the subdivider. Upon recording of the plat, the tracing of said plat shall be permanently retained by the Planning Commission and filed with the Village Engineer.
(Ord. 57-1981, passed 10-21-81; Am. Ord. 2018-80, passed 11-20-18)
PLAN AND PLAT SPECIFICATIONS
§ 151.040 PURPOSE.
   The purpose of this subchapter is to inform the subdivider of the specific information he must provide to permit adequate review, approval, and recording of plats.
(Ord. 57-1981, passed 10-21-81; Am. Ord. 2018-80, passed 11-20-18)
§ 151.041 PRELIMINARY DISCUSSION MAP.
   A map shall be submitted by the subdivider as a basis for informal discussion. The map shall show the following information:
   (A)   Location: tract boundaries, township, and north point.
   (B)   Existing highways and proposed streets on and adjacent to the tract. (Several alternates if considered.)
   (C)   Statement of how sewage disposal and water supply will be provided.
   (D)   Utility transmission lines and easements.
   (E)   Existing zoning districts.
   (F)   Topography. (U.S.G.S. or better)
(Ord. 57-1981, passed 10-21-81; Am. Ord. 2018-80, passed 11-20-18)
§ 151.042 PRELIMINARY PLAN.
   (A)   Application for preliminary plan. (See Appendix B)
   (B)   Preliminary plan drawing. (See Appendix D) The plan shall be prepared in accordance with §§ 151.055 through 151.061 by a registered surveyor. The plan shall be accurately and clearly drawn. The drawing shall include the proposed plan or alternate plans of the subdivision, and shall show the following:
      (1)   Identification.
         (a)   Proposed name of subdivision (must not duplicate others in the county) township, tract, or original lot or section number.
         (b)   Names, addresses, and telephone numbers of owners, subdivider, and registered surveyor.
         (c)   Scale (1" = 100" min.), north arrow, and date.
      (2)   Existing data.
         (a)   Easements: location, width and purpose.
         (b)   Streets on and adjacent to the subdivision: names, location, right-of-way, and roadway width. Planned public improvements: highways or other major improvements planned by public authorities for future construction or near the subdivision, including journalized routes for highways.
         (c)   Boundary line survey: showing bearings and distances as surveyed by a registered surveyor.
         (d)   Utilities on and adjacent to the subdivision: location, size, and invert elevations of sanitary and storm sewers; location and size of water mains; location of gas lines, fire hydrants, and utility poles. If water mains, sewers, and/or culverts are not on or adjacent to the tract, indicate the direction and distance to and size of nearest ones, showing invert elevation of sewers and culverts.
         (e)   Ground elevations on the subdivision: show contours with an interval of not more than five feet if ground slope is in excess of 4% and two feet if ground slope is less than 4%.
         (f)   Subsurface conditions on the subdivision: any conditions that are not typical such as abandoned mines.
         (g)   Other conditions on the subdivision:
            1.   Water courses.
            2.   Flood plains.
            3.   Marshes/wetlands.
            4.   Rock outcroppings.
            5.   Wooded areas.
            6.   Isolated preservable trees one foot or more in diameter.
            7.   Riparian setbacks.
         (h)   Other conditions on adjacent land within 200 feet:
            1.   Approximate direction and gradient of ground slope including any embankments or retaining walls.
            2.   Location and type of buildings, fences, tree lines, etc.
            3.   Railroad lines.
            4.   Power lines and towers.
            5.   Other nearby nonresidential uses of land.
            6.   Owners of adjacent uplatted land (for adjacent platted land refer to subdivision plat by name, plat book, and pages).
         (i)   Zoning requirements:
            1.   District.
            2.   Lot size and yard requirements.
            3.   Proof of any variances or special exceptions which may have been granted.
         (j)   Planned public improvements: highways or other major improvements planned by public authorities for future construction on or near the subdivision.
      (3)   Proposals.
         (a)   Streets: show proposed streets (indicate each street by a letter except where the street is a continuation of an existing street), right-of-way widths, approximate grades, and proposed improvements.
         (b)   Other right-of-way or easements: location, width, and purpose.
         (c)   Lots: numbers, dimensions and area or irregular lots in square feet.
         (d)   Minimum building setback lines.
         (e)   Land parcels within the subdivision not to be divided into lots.
         (f)   Public sites: reserved or dedicated for parks, playgrounds, or other public uses.
         (g)   Site for other uses: multi-family dwellings, shopping facilities, churches, industry, or other nonpublic uses exclusive of single-family dwellings.
         (h)   Total site data: including acreage, number of residential lots, typical lot size and acres in parks and other public uses.
         (i)   Storm water management plan/facilities.
         (j)   When extensive changes of topography are contemplated, a plan showing the proposed topography.
         (k)   In cases where lots or parcels have previously been transferred, without plat, out of the tract sought to be subdivided, such lots or parcels previously transferred should also be numbered in sequence with all new lots created in the proposed subdivision.
      (4)   Other information. The Village Engineer or Village Planning Commission may require such additional information as deemed necessary.
      (5)   Traffic impact study.
   (C)   Vicinity map. The map shall show the relationship of the proposed subdivision to existing community facilities which serve or influence it. The vicinity map may be on the same sheet as the preliminary plan drawing. The vicinity map at a scale of 1" = 400' shall show:
      (1)   Subdivision name; township, tract, and original lot or section number; north arrow and the Ohio State Plane coordinate grid.
      (2)   Existing and proposed main traffic arteries.
      (3)   Shopping facilities.
      (4)   Schools.
      (5)   Parks and playgrounds.
      (6)   Any other significant community features.
(Ord. 57-1981, passed 10-21-81; Am. Ord. 2018-80, passed 11-20-18)
§ 151.043 IMPROVEMENT PLANS AND SPECIFICATIONS.
   (A)   Drawings showing cross sections, profiles, elevations, construction details, specifications, and cost estimates, and all calculations and computations for all required improvements shall be prepared by a registered professional engineer. The improvement plans shall be prepared as directed by the Village Engineer and subject to his approval.
   (B)   If it becomes necessary to modify the improvements approved, due to unforeseen circumstances, the subdivides shall inform the Village Engineer in writing of the conditions requiring the modifications. Written authorization from the Village Engineer to make the required modification must be received before proceeding with the construction of the improvements.
   (C)   At the completion of the construction and before acceptance, the subdivider shall furnish the Village Engineer a set of linen or mylar tracings for permanent record, showing the locations, sizes, and elevations of all improvements as constructed. "As built" drawings showing all lateral locations, depth, and all utility service connections shall be provided.
(Ord. 57-1981, passed 10-21-81; Am. Ord. 2018-80, passed 11-20-18)
§ 151.044 FINAL PLAT.
   (A)   The subdivider shall furnish the following:
      (1)   Application for plat approval. (See Appendix E)
      (2)   Plat drawing. (See Appendix F)
   (B)   The plat shall be approved by the Village Engineer, drawn in ink on tracing cloth or mylar (sheet size 22 inches by 34 inches (outside dimensions)) and shall be at a scale of not more than 100 feet to one inch. Where necessary, the plat may be on several sheets accompanied by an index showing the entire subdivision.
   (C)   The plat shall show the following:
      (1)   Identification.
         (a)   Name of subdivision (must not duplicate others in the county).
         (b)   Vicinity map at 1" = 1,000' scale with north arrow.
      (2)   Control points. All dimensions, angles, and bearings are to be referred to control points, nearest established street line, section lines or other established point.
      (3)   Lines and boundaries. Center lines and right-of-way lines of streets, easements, and other rights-of-way, natural and artificial water courses, streams, shorelines, corporation lines, and property lines of all lots and parcels with distances, radii, arcs, chords, and tangents of all curves (nearest 100th of a foot), bearings, or deflections angles (nearest second).
      (4)   Street name (must not duplicate another in the Mogadore postal delivery area), right-of-way width of each street within proposed subdivision and those adjoining.
      (5)   Buildings setback lines accurately shown with dimensions.
      (6)   Lot and block identification. Lots shall be numbered in consecutive order and when the subdivision is submitted in sections or phases, lots shall be numbered consecutively as each section or phase is submitted. In cases where lots or parcels have previously been transferred, such lots or parcels previously transferred should also be numbered in sequence with all new lots created in the proposed subdivision.
      (7)   Total site data. Including acreage, number of residential lots, typical lot size, and acres in parks and other public uses.
      (8)   Land for public use. Show boundaries and identify the use of all parcels which are to be dedicated or reserved for public use or easements.
      (9)   Monuments. Locations and description of those found, set, or to be set.
      (10)   Names of recorded owners of adjoining unplatted land and reference to subdivision plats of adjoining platted land by name, volume, and page of recorder's maps.
      (11)   Certification and seal by a registered surveyor or to the effect that the plat represents a survey made by him which balances and closes, and that the monuments shown thereon exist or shall be set as shown, and that all dimensional and geodetic details are correct.
      (12)   Notarized certification by the owner or owners of the subdivision and the offer of the dedication of streets and other public areas and that there are no unpaid taxes or special assessments against the land contained in the plat.
      (13)   Notation for:
         (a)   Certification of Village Engineer that required improvements have been satisfactorily installed or adequate financial guarantees have been provided.
         (b)   Approval of plat by Chairman and Secretary of the Planning Commission.
         (c)   Acceptance of offers of dedication by Village Council.
         (d)   Proper notations for transfer and recording by the County Auditor and the County Recorder.
      (14)   Protective covenants.
      (15)   Marital status of landowner must be shown, and if married, spouse must also sign plat and release dower or courtesy interest in public places.
      (16)   Release by the mortgage holder, if any, of all interest in all property dedicated to a public use. This may be a separate document.
(Ord. 57-1981, passed 10-21-81; Am. Ord. 2018-80, passed 11-20-18)
DESIGN STANDARDS
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